[Federal Register Volume 64, Number 247 (Monday, December 27, 1999)]
[Notices]
[Pages 72316-72318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33496]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-855]
Non-Frozen Apple Juice Concentrate From the People's Republic of
China: Notice of Amended Preliminary Determination, Postponement of
Final Determination and Extension of Provisional Measures
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: December 27, 1999.
FOR FURTHER INFORMATION CONTACT: Sally Hastings, Craig Matney or Annika
O'Hara, Office I, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington DC 20230; telephone (202)
[[Page 72317]]
482-3464, (202) 482-1778 or (202) 482-3798, respectively.
The Applicable Statute
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 19 CFR Part 351 (April 1, 1998).
Scope of Investigation
For purposes of this investigation, the product covered by the
scope is all non-frozen concentrated apple juice with a Brix scale of
40 or greater, whether or not containing added sugar or other
sweetening matter, and whether or not fortified with vitamins or
minerals. Excluded from the scope of this investigation are: frozen
concentrated apple juice; non-frozen concentrated apple juice that has
been fermented; and non-frozen concentrated apple juice to which
spirits have been added.
Since the publication of the preliminary determination, the
Department has ascertained that the Harmonized Tariff Schedule of the
United States (``HTSUS'') subheading cited therein, does not fully
incorporate all products included in the written description of the
merchandise under investigation. The merchandise subject to this
investigation is classified in the HTSUS at subheadings 2009.70.00.20
and 2106.90.52. Although the HTSUS subheading is provided for
convenience and customs purposes, the written description of the
merchandise under investigation is dispositive.
Postponement of the Final Determination and Extension of
Provisional Measures
Pursuant to section 735(a)(2)(A) of the Act, and 19 CFR
351.210(b)(2), on November 23, 1999, respondents in this investigation
(i.e., Yantai North Andre Juice Co. Ltd. (``North Andre''), Shaanxi
Haisheng Fresh Fruit Juice Co., Ltd. (``Haisheng''), Sanmenxia Lakeside
Fruit Juice Co., Ltd (``Lakeside''), Shandong Zhonglu Juice Group Co.
(``Zhonglu''), Yantai Oriental Juice Co. (``Oriental''), Qingdao Nannan
Foods Co., Ltd. (``Nannan''), Xianyang Fuan Juice Co. (``Fuan''), Xian
Asia Qin Fruit Co., Ltd. (``Asia Fruit''), Shaanxi Machinery &
Equipment Import & Export Corporation (``SAAME''), Changsha Industrial
Products & Minerals Import & Export Corporation (``Changsha''), and
Shandong Foodstuffs Import & Export Corporation (``Shandong
Foodstuffs'')) requested that the Department postpone its final
determination 135 days from the date of the publication of the
preliminary determination in the Federal Register. In accordance with
19 CFR 351.210, because: (1) Our preliminary determination is
affirmative; (2) the requesting exporters account for a significant
proportion of exports of the subject merchandise; and (3) no compelling
reasons for denial exist, we are granting the respondents' request and
are postponing the final determination until no later than 135 days
after the publication of this notice in the Federal Register (i.e.,
until April 6, 2000). In addition, pursuant to 19 CFR 351.210(e)(2),
respondents agreed to an extension of provisional measures from a 4-
month period to not more than 6 months. Suspension of liquidation will
be extended accordingly.
Amended Preliminary Determination of Sales at Less Than Fair Value
On November 24, 1999, the respondents alleged that in the
preliminary determination the Department made certain ministerial
errors in the calculation of SG&A and overhead ratios for all
respondents, in the ocean freight value applied for Lakeside, and in
the affirmative finding of critical circumstances for non-investigated
companies. The petitioners did not allege any ministerial errors.
The Department has reviewed its preliminary calculations for all
respondents and agrees that it made certain ministerial errors within
the meaning of 19 CFR 351.224(f) (see Ministerial Error Allegations for
Preliminary Determination memorandum to Richard W. Moreland, Deputy
Assistant Secretary, Import Administration, Group I, dated the same day
as this notice, on file in room B-099 of the Department's
headquarters). A significant ministerial error is defined as a
correction which, singly or in combination with other errors, (1) would
result in a change of at least five absolute percentage points in, but
not less than 25 percent of, the weighted average dumping margin
calculated in the original (erroneous) preliminary determination; or
(2) would result in a difference between a weighted-average dumping
margin of zero or de minimis and a weighted-average dumping margin of
greater than de minimis or vice versa, as defined by 19 CFR 351.224(g).
Because the change in Lakeside's margin meets the first alternative of
this standard, the Department finds the ministerial errors only with
respect to Lakeside to be significant. Therefore, the Department is
amending its preliminary determination with respect to Lakeside in
accordance with 19 CFR 351.224(e).
As a result of the correction of the significant ministerial
errors, the Department has determined that the following weighted-
average dumping margins apply for the PRC:
------------------------------------------------------------------------
Weighted
average
Exporter/manufacturer margin
percentage
------------------------------------------------------------------------
Yantai North Andre Juice Co., Ltd....................... 0.00
Shaanxi Haisheng Fresh Fruit Juice Co., Ltd............. 18.58
Sanmenxia Lakeside Fruit Juice Co., Ltd................. 29.89
Shandong Zhonglu Co., Ltd............................... 9.85
Yantai Oriental Juice Co., Ltd.......................... 14.97
Qingdao Nannan Foods Co., Ltd........................... 44.24
Shaanxi Machinery & Equipment Import & Export Corp...... 35.29
Xian Asia Qin Fruit Co., Ltd............................ 28.71
Xian Yang Fuan Juice Co., Ltd........................... 28.71
Changsha Industrial Products & Minerals Import and 28.71
Export Co., Ltd........................................
Shandong Foodstuffs Import and Export Corporation....... 28.71
PRC-wide rate........................................... 54.55
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ITC Notification
In accordance with section 733(f) of the Act, the Department has
notified the ITC of this amended preliminary determination. If the
final determination is affirmative, the ITC will determine whether
imports of the merchandise under investigation are materially injuring,
or threaten material injury to, the U.S. industry before the later of
120 days after the date of the preliminary determination or 45 days
after the final determination.
Public Comment
For this investigation, case briefs must be submitted no later than
March 9, 2000. Rebuttal briefs must be filed no later than March 14,
2000. A list of authorities used, a table of contents, and an executive
summary of issues should accompany any briefs submitted to the
Department. Executive summaries should be limited to five pages total,
including footnotes.
Section 774 of the Act provides that the Department will hold a
hearing to afford interested parties an opportunity to comment on
arguments raised in case or rebuttal briefs, provided that such a
hearing is requested by any interested party. If a hearing is
requested, it will be held at 9:00 AM on March 17, 2000, at the
Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington, DC 20230. Parties should
[[Page 72318]]
confirm by telephone the time, date, and place of the hearing 48 hours
before the scheduled time.
The Department is publishing this notice of postponement of the
final determination, extension of provisional measures and amendment to
the preliminary determination pursuant to sections 735(a)(2) and 733(d)
of the Act and 19 CFR 351.210(g) and 351.224(e).
Dated: December 17, 1999.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 99-33496 Filed 12-23-99; 8:45 am]
BILLING CODE 3510-DS-P