[Federal Register Volume 62, Number 236 (Tuesday, December 9, 1997)]
[Notices]
[Pages 64802-64803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32211]


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DEPARTMENT OF COMMERCE

International Trade Administration
[A-301-602]


Certain Fresh Cut Flowers From Colombia; Amended Final Results of 
Antidumping Duty Administrative Review

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

ACTION: Notice of amended final results of antidumping duty 
administrative review.

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SUMMARY: On October 14, 1997, the Department of Commerce (the 
Department) published the final results and partial rescission of the 
ninth administrative review of the antidumping duty order on certain 
fresh cut flowers from Colombia (62 FR 53287). Based on the correction 
of ministerial errors made in those final results with respect to two 
manufacturer/exporters, and the subsequent changes in duty absorption 
amounts and the rate for non-selected respondents, we are publishing 
this amendment to the final results in accordance with 19 CFR 
353.28(c).

EFFECTIVE DATE: December 9, 1997.

FOR FURTHER INFORMATION CONTACT: Cynthia Thirumalai or Zak Smith, 
Office 1, Group 1, AD/CVD Enforcement, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, N.W., Washington, D.C. 20230; telephone 
(202) 482-4087 and (202) 482-1279, respectively.

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 Act 
by the Uruguay Round Agreements Act (URAA). In addition, unless 
otherwise indicated, all citations to the Department's regulations are 
to those codified at 19 CFR Part 353 (April 1997).

SUPPLEMENTARY INFORMATION:

Background

    On October 14, 1997, we published a notice of Final Results and 
Partial Rescission of Antidumping Duty Administrative Review (Final 
Results). We received timely allegations of ministerial errors made in 
the final results by Hosa Ltda (Hosa) and Maxima Farms Group (Maxima) 
on October 22 & 23, 1997, respectively.

Scope of Review

    Imports covered by these reviews are shipments of certain fresh cut 
flowers from Colombia (standard carnations, miniature (spray) 
carnations, standard chrysanthemums and pompon chrysanthemums). These 
products are currently classifiable under item numbers 0603.10.30.00, 
0603.10.70.10, 0603.10.70.20, and 0603.10.70.30 of the Harmonized 
Tariff Schedule (HTS). The HTS item numbers are provided for 
convenience and Customs purposes. The written description of the scope 
of this order remains dispositive.

Alleged Ministerial Errors

Hosa

Issue 1: Calculation of CEP Profit
    In our final results, HOSA claims that the Department erred by 
failing to include indirect selling expenses incurred in Colombia in 
calculating constructed export price (CEP) profit.
    DOC Position: We agree with HOSA that we failed to include indirect 
selling expenses incurred in Colombia in calculating CEP profit. We 
intended to include indirect selling expenses and have made this 
correction for the amended final results. We note that this omission 
was unique to HOSA.
Issue 2: Returned Flowers
    HOSA alleges that the Department erred in its calculation of costs 
associated with returned flowers. HOSA claims that the Department 
should have used cost of production (COP) rather than constructed value 
(CV), because CV includes an amount for profit.
    DOC Position: The question of whether to use CV or COP is a 
methodological issue. Our use of CV in this calculation was 
intentional. Therefore, in accordance with 19 CFR 353.28(d), we do not 
consider this to be a ministerial error (see, 19 CFR 353.28(d) (1996)).
Issue 3: Calculation of Indirect Selling Expenses
    While reviewing the above allegations, we discovered an additional 
ministerial error. When generating the multiplier used in the 
calculation of indirect selling expenses for CV we did not use the 
correct number of minicarnations sold in all markets. We have corrected 
this error.

Maxima

Issue 1: Calculation of Number of Stems of Export-Quality Standard 
Carnations Sold
    Maxima alleges that we failed to increase the number of export-
quality stems of standard carnations sold to reflect information 
obtained at verification regarding home market sales.
    DOC Position: We agree with Maxima that the number of stems of 
export-quality standard carnations sold should be increased by the 
number of stems sold in the home market. We intended to increase the 
number pursuant to information gathered at verification and have 
corrected this error in these amended final results.
Issue 2: Input of Monthly Number of Stems of Minicarnations 
Transshipped to Third Country
    Maxima claims that the final digits of the monthly volumes of 
minicarnations transshipped through the United States were omitted.
    DOC Position: We agree with Maxima and have made this correction in 
these amended final results.

Duty Absorption

    As a result of correcting these ministerial errors, the amount of 
U.S. sales through affiliated importers has also changed:

------------------------------------------------------------------------
                                                              Percentage
                                                               of U.S.  
                                                              affiliated
                      Name of company                          importer 
                                                              sales with
                                                               margins  
------------------------------------------------------------------------
Hosa.......................................................        15.83
Maxima.....................................................        31.61
------------------------------------------------------------------------

Amended Final Results of Review

    As a result of these amended final results, we determine the 
following percentage weighted-average margins to exist for Hosa and 
Maxima (both selected respondents) for the period of review (March 1, 
1995 through February 29, 1996):

------------------------------------------------------------------------
                                                               Percent  
------------------------------------------------------------------------
Hosa Group.................................................         2.01

[[Page 64803]]

                                                                        
  Horticultura de la Sabana S.A.                                        
  Hosa Ltda.                                                            
  Innovacion Andina S.A.                                                
  Minispray S.A.                                                        
  ProHosa Ltda.                                                         
Maxima Farms Group.........................................         3.02
  Agricola los Arboles S.A.                                             
  Colombian D.C. Flowers                                                
  Polo Flowers                                                          
  Rainbow Flowers                                                       
  Maxima Farms Inc.                                                     
------------------------------------------------------------------------

    Based on the above, the new rate for those companies not selected 
as respondents is 2.25 percent.
    These amended final results of administrative review and notice are 
in accordance with section 751(a)(1) of the Act.

    Dated: December 2, 1997.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 97-32211 Filed 12-8-97; 8:45 am]
BILLING CODE 3510-DS-P