[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entered, or withdrawn from warehouse, for consumption on or after March 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