[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
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Hosa....................................................... 15.83
Maxima..................................................... 31.61
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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):
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Percent
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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.
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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