[Federal Register Volume 62, Number 86 (Monday, May 5, 1997)]
[Notices]
[Pages 24418-24419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11657]


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DEPARTMENT OF COMMERCE

International Trade Administration
[A-122-401]


Red Raspberries From Canada; Final Results of New Shipper 
Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of final results of New Shipper Review Antidumping Duty 
Administrative Review.

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SUMMARY: On March 17, 1997, the Department of Commerce (the Department) 
published the preliminary results of a new shipper administrative 
review of the antidumping duty order on red raspberries from Canada (62 
FR 12599). The review covers sales to the United States by one 
exporter/processor of the subject merchandise, Berryhill Foods, Inc. 
(Berryhill), during the period June 1, 1995 through May 31, 1996.

    We gave interested parties an opportunity to comment on our 
preliminary results and no comments were received. Therefore, the final 
results remain unchanged from the preliminary results. The final 
weighted-

[[Page 24419]]

 average dumping margin for the reviewed firm is listed below in the 
section entitled ``Final Results of Review.''

EFFECTIVE DATE: May 5, 1997.

FOR FURTHER INFORMATION CONTACT:
James Doyle, Lisa Yarbrough or Abdelali Elouaradia, AD/CVD Enforcement, 
Group III, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-3793.

SUPPLEMENTARY INFORMATION: 

Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the statute are 
references to the provisions effective January 1, 1995, the effective 
date of the amendments made to the Tariff Act of 1930 (the Act) by the 
Uruguay Round Agreements Act (URAA). In addition, unless otherwise 
indicated, all citations to the Department's regulations are to the 
current regulations, as amended by the interim regulations published in 
the Federal Register on May 11, 1995 (60 FR 25130).

Background

    On March 17, 1997, the Department issued preliminary results of its 
new shipper review (62 FR 12599) of the antidumping duty order on red 
raspberries from Canada (50 FR 26019, June 24, 1985). We invited 
interested parties to comment and received no comments. The Department 
has now conducted this review in accordance with section 751 of the Act 
and section 353.22 of its regulations.

Scope of the Review

    The merchandise covered by this review are shipments of fresh and 
frozen red raspberries packed in bulk containers and suitable for 
further processing. The subject merchandise is currently classifiable 
under the Harmonized Tariff Schedule of the United States (HTSUS) item 
numbers 0810.20.90, 0810.20.10, 0811.20.20. The HTS item numbers are 
provided for convenience and Customs purposes. The written description 
remains dispositive.

Final Results of Review

    The final results remain unchanged from the preliminary results as 
the Department used the same methodology described in the preliminary 
results. As a result of our comparison of export price and constructed 
export price to normal value, we determine that the following weighted-
average dumping margin exists:

------------------------------------------------------------------------
            Exporter/processor                    Period         Margin 
------------------------------------------------------------------------
Berryhill................................    06/01/95-05/31/96      1.56
------------------------------------------------------------------------

    The results of this review shall be the basis for the assessment of 
antidumping duties on entries of merchandise covered by the 
determination and for future deposits of estimated duties. The posting 
of a bond or security in lieu of a cash deposit, pursuant to section 
751(a)(2)(B)(iii) of the Act and section 353.22(h)(4) of the 
Department's regulations, will no longer be permitted for this firm. 
The Department will issue appraisement instructions directly to the US 
Customs Service.
    Furthermore, the following deposit requirements will be effective 
for all shipments of the subject merchandise, entered, or withdrawn 
from warehouse, for consumption on or after the publication date of 
these final results of this administrative review, as provided for by 
section 751(a)(2)(C) of the Act: (1) The cash deposit rate for this 
reviewed company will be 1.56%; (2) for exporters/processors not 
covered in this review, but covered in previous reviews or the original 
less-than-fair-value (LTFV) in investigation, the cash deposit rate 
will continue to be the company-specific rate published for the most 
recent period; (3) if the exporter/processor is not a firm covered by 
this review, previous reviews, or the original LTFV investigation, but 
the manufacturer is, the cash deposit rate will be the rate established 
for the most recent period for the manufacturer of the merchandise; and 
(4) the cash deposit rate for all other exporters/processors or 
manufacturers not previously reviewed will continue to be 2.41%, the 
``All Others'' rate from the LTFV investigation.
    These deposit requirements shall remain in effect until publication 
of the final results of the next administrative review.
    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 353.26 to file a certificate regarding the 
reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this review period. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 353.34(d)(1). Timely written notification 
of the return/destruction of APO materials or conversion to judicial 
protective order is hereby requested. Failure to comply with the 
regulations and the terms of an APO is a sanctionable violation.
    This new shipper administrative review and this notice are in 
accordance with section 751(a)(2)(B) of the Act (19 U.S.C. 
1675(a)(2)(B)) and 19 CFR 353.22(h).

    Dated: April 24, 1997.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 97-11657 Filed 5-2-97; 8:45 am]
BILLING CODE 3510-DS-M