[Federal Register Volume 63, Number 93 (Thursday, May 14, 1998)]
[Notices]
[Pages 26778-26779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12885]


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DEPARTMENT OF COMMERCE

International Trade Administration
[A-201-601]


Certain Fresh Cut Flowers From Mexico; Notice of Final Results of 
Antidumping Duty Administrative Review, and Revocation of Antidumping 
Duty Order in Part

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

ACTION: Notice of Final Results of Antidumping Duty Administrative 
Review, and Revocation of Antidumping Duty Order in Part.

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SUMMARY: On January 9, 1998, the Department of Commerce (the 
Department) published the preliminary results of its administrative 
review of the antidumping duty order on certain fresh cut flowers from 
Mexico and intent to revoke in part with respect to respondent Rancho 
del Pacifico (Pacifico). This review covers one producer/exporter, 
Pacifico, and the period April 1, 1996 through March 31, 1997.
    We gave interested parties an opportunity to comment on our 
preliminary results; however, we received no comments from interested 
parties. We have not changed the results from those presented in the 
preliminary results of review. We have also determined to revoke the 
order in part, with respect to Pacifico.

EFFECTIVE DATE: May 14, 1998.

FOR FURTHER INFORMATION CONTACT: Elfi Blum or Maureen Flannery, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, N.W., Washington D.C. 
20230; telephone: (202) 482-0197 or (202) 482-3020, respectively.

Applicable Statute

    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. In addition, unless otherwise indicated, 
all citations to the Department's regulations are to the regulations as 
codified at 19 CFR Part 353 (1996).
SUPPLEMENTARY INFORMATION:

Background

    On January 9, 1998, the Department published in the Federal 
Register (63 FR 1428) the preliminary results of the administrative 
review of the

[[Page 26779]]

antidumping duty order on certain fresh cut flowers from Mexico, 52 FR 
13491 (April 23, 1987), wherein we gave notice of our intent to revoke 
the order with respect to Pacifico's sales of the subject merchandise. 
We did not receive any comments from interested parties.

Scope of the Review

    The products covered by this review are certain fresh cut flowers, 
defined as standard carnations, standard chrysanthemums, and pompon 
chrysanthemums (pompons). During the period of review (POR), such 
merchandise was classifiable under the Harmonized Tariff Schedule of 
the United States (HTSUS) items 0603.10.7010 (pompons), 0603.10.7020 
(standard chrysanthemums), and 0603.10.7030 (standard carnations). The 
HTSUS item numbers are provided for convenience and Customs purposes 
only. The written description remains dispositive as to the scope of 
the order.
    This review covers one manufacturer/exporter of fresh cut flowers 
from Mexico, Pacifico, and the period April 1, 1996 through March 31, 
1997.

Final Results of Review and Revocation of the Order in Part

    We determine that the following weighted-average dumping margin 
exists:

------------------------------------------------------------------------
                                                                Margin  
       Manufacturer/exporter              Time period         (percent) 
------------------------------------------------------------------------
Rancho del Pacifico...............        04/01/96-03/31/97         0.00
------------------------------------------------------------------------

    The Department shall determine, and the U.S. Customs Service shall 
assess, antidumping duties on all appropriate entries. The Department 
will issue appraisement instructions directly to the U.S. Customs 
Service.
    We further determine that Pacifico sold fresh cut flowers at not 
less than NV for three consecutive review periods, including this 
review period, and it is not likely that Pacifico will in the future 
sell subject merchandise at less than NV. Additionally, Pacifico has 
submitted the required certifications, and has agreed to its immediate 
reinstatement in the antidumping duty order, as long as any firm is 
subject to the order, if the Department concludes under 19 CFR 
353.22(f) that, subsequent to revocation, it sold the subject 
merchandise at less than NV. Furthermore, we received no comments from 
any interested party contesting the revocation. For these reasons, we 
are revoking the order on certain fresh cut flowers from Mexico with 
respect to Pacifico in accordance with section 751(d) of the Act and 19 
CFR 353.25(a)(2).
    This revocation applies to all entries of the subject merchandise 
from Pacifico entered, or withdrawn from warehouse, for consumption on 
or after April 1, 1997. The Department will order the suspension of 
liquidation ended for all such entries and will instruct the Customs 
Service to release any cash deposit or bonds. The Department will 
further instruct the Customs Service to refund with interest any cash 
deposits on entries made on or after April 1, 1997.
    The following deposit rates will be effective upon publication of 
these final results of administrative review for all shipments of 
certain fresh cut flowers from Mexico entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751 (a)(2)(C) of the Act: (1) for previously 
reviewed or investigated companies not listed above, the cash deposit 
rate will continue to be the company-specific rate published for the 
most recent period; (2) if the exporter is not a firm covered in this 
review, a prior review, or the original less-than-fair-value 
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 (3) for all other producers and/or exporters of 
this merchandise, the cash deposit rate shall be the rate established 
in the investigation of sales at less than fair value, which is 18.20 
percent. See 52 FR 6361 (March 3, 1987). 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 353.25(b) 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 order (APO) 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 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 administrative review, revocation in part, and notice are in 
accordance with section 751(a)(1) of the Act (19 U.S.C. 1675(a)(1)) and 
19 CFR 353.22 and 353.25.

    Dated: May 5, 1998.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 98-12885 Filed 5-13-98; 8:45 am]
BILLING CODE 3510-DS-P