[Federal Register Volume 64, Number 174 (Thursday, September 9, 1999)]
[Notices]
[Pages 48981-48982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-23629]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-331-602]
Certain Fresh Cut Flowers From Ecuador: Initiation and
Preliminary Results of Changed-Circumstances Antidumping Duty
Administrative Review and Intent To Revoke Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of initiation and preliminary results of changed-
circumstances antidumping duty administrative review and intent to
revoke order.
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SUMMARY: In response to a request from Timothy Haley, the Floral Trade
Council, and the Floral Trade Council's Committees on Standard
Carnations, Standard Chrysanthemums, and Pompom Chrysanthemums, the
Department of Commerce is initiating a changed-circumstances
antidumping duty review and is issuing this notice of intent to revoke
the antidumping duty order on certain fresh cut flowers from Ecuador
with respect to all unliquidated entries of subject merchandise
entered, or withdrawn from warehouse, for consumption on or after March
1, 1997.
[[Page 48982]]
Interested parties are invited to comment on these preliminary results
and intent to revoke.
EFFECTIVE DATE: September 9, 1999.
FOR FURTHER INFORMATION CONTACT: Suzanne Flood or Edythe Artman, Office
of AD/CVD Enforcement, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482-0665
or (202) 482-3931, respectively.
SUPPLEMENTARY INFORMATION:
The Applicable Statute and Regulations
Unless otherwise indicated, all citations to the Tariff Act of
1930, as amended (the Act), 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 the regulations codified at 19 CFR Part 351 (1998).
Background
On August 27, 1999, Timothy Haley, the Floral Trade Council (FTC),
and the FTC's Committees on standard carnations, standard
chrysanthemums, and pompom chrysanthemums (the FTC and its Committees)
requested that the Department of Commerce (the Department) conduct a
changed-circumstances administrative review to revoke the antidumping
duty order on certain fresh cut flowers from Ecuador retroactive to
March 1, 1997. The FTC was the petitioner in the less-than-fair-value
investigation and its Committees are composed of domestic producers of
the like product. The FTC and its Committees stated that circumstances
have changed such that they no longer have an interest in maintaining
the antidumping duty order, and it is their expectation that all
interested parties will agree to revocation.
The FTC and its Committees also requested that, due to the pendency
of the ongoing administrative reviews of the order, the Department
initiate and complete the changed-circumstances review on an expedited
basis.
Scope of Review
The products covered by this changed-circumstances review are
certain fresh cut flowers from Ecuador including standard carnations,
standard chrysanthemums, and pompon chrysanthemums. These products are
currently classifiable under item numbers 0603.10.70.10, 0603.10.70.20,
and 0603.10.70.30, respectively, of the Harmonized Tariff Schedule of
the United States (HTSUS). Although the HTSUS item numbers are provided
for convenience and for customs purposes, the Department's written
description of the scope remains dispositive.
Initiation and Preliminary Results of Changed-Circumstances
Antidumping Duty Administrative Review and Intent To Revoke Order
Pursuant to section 751(d)(1) of the Act, the Department may
revoke, in whole or in part, an antidumping duty order based on a
review under section 751(b) of the Act (i.e., a changed circumstances
review). Section 751(b)(1) of the Act requires a changed-circumstances
administrative review to be conducted upon receipt of a request
containing sufficient information concerning changed circumstances.
The Department's regulations at 19 CFR 351.216(d) provide that the
Department will conduct a changed-circumstances administrative review
in accordance with 19 CFR 351.221, if it decides that changed
circumstances exist that are sufficient to warrant a review. Section
782(h) of the Act and section 351.222(g)(1)(i) of the Department's
regulations provide further that the Department may revoke an order, in
whole or in part, if it concludes that the order is no longer of
interest to domestic interested parties. Therefore, an expression of no
interest by domestic producers constitutes sufficient evidence of
changed circumstances to warrant review. In addition, in the event that
the Department concludes that expedited action is warranted, section
351.221(c)(3)(ii) of the regulations permits the Department to combine
the notices of initiation and of preliminary results.
The FTC and its Committees are domestic interested parties as
defined by section 771(9)(E) of the Act and 19 CFR 351.102(b).
Therefore, based on the affirmative statement by the FTC and its
Committees of no interest in the continued application of the
antidumping duty order on certain fresh cut flowers from Ecuador, we
are initiating this changed-circumstances review. Further, based on the
affirmative statement of no interest by the FTC and its Committees, we
have determined that expedited action is warranted, and we are
therefore combining the notices of initiation and of preliminary
results.
Based on the affirmative statement of no interest by the FTC and
its Committees, we preliminarily determine that there are changed
circumstances sufficient to warrant revocation of the entire order. We
are hereby notifying the public of our intent to revoke the antidumping
duty order on certain fresh cut flowers from Ecuador absent objections
by domestic producers sufficient to establish that the criteria of
section 782(h) of the Act have not been met.
In the event that we make a final determination to revoke, the
Department will terminate the administrative reviews covering the
following periods: March 1, 1997, through February 28, 1998 (initiated
on April 24, 1998 (63 FR 20378)); March 1, 1998, through February 28,
1999 (initiated on April 30, 1999 (64 FR 23269)).
If final revocation of the order occurs, we intend to instruct the
Customs Service to end the suspension of liquidation and to refund any
estimated antidumping duties collected for all unliquidated entries of
certain fresh cut flowers from Ecuador entered, or withdrawn from
warehouse, for consumption on or after March 1, 1997. We will also
instruct the Customs Service to pay interest on such refunds in
accordance with section 778 of the Act. The current requirement for a
cash deposit of estimated antidumping duties will continue until
further notice.
Public Comment
Any interested party may request a hearing within 10 days of
publication of this notice. Any hearing, if requested, will be held no
later than 24 days after the date of publication of this notice.
Written comments from interested parties may be submitted not later
than 14 days after the date of publication of this notice. Rebuttal
comments to written comments, which are limited to issues raised in
those comments, may not be filed later than 20 days after the date of
publication of this notice. All written comments shall be submitted in
accordance with 19 CFR 351.303. Persons interested in attending the
hearing should contact the Department for the date and time of the
hearing. The Department will publish the final results of this changed-
circumstances review, including the results of its analysis of issues
that are raised in any written comments.
We are issuing and publishing this notice in accordance with
sections 751(b)(1) and 777(i)(1) of the Act and sections 351.216 and
351.222 of the Department's regulations.
Dated: September 3, 1999.
Richard W. Moreland,
Acting Assistant Secretary for Import Administration.
[FR Doc. 99-23629 Filed 9-8-99; 8:45 am]
BILLING CODE 3510-DS-P