[Federal Register Volume 67, Number 98 (Tuesday, May 21, 2002)]
[Notices]
[Pages 35790-35793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12725]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-337-806]


Notice of Final Determination of Sales at Less Than Fair Value: 
IQF Red Raspberries from Chile

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

ACTION: Notice of final determination of sales at less than fair value.

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SUMMARY: The Department of Commerce has conducted an antidumping duty 
investigation of IQF red raspberries from Chile. We determine that 
individually quick frozen ("IQF") red raspberries from 
Chile are being sold in the United States at less than fair value, as 
provided in section 735(a) of the Tariff Act of 1930, as amended. On 
December 31, 2001, the Department of Commerce published its preliminary 
determination of sales at less than fair value of IQF red raspberries 
from Chile. Based on the results of verification and our analysis of 
the comments received, we have made changes in the margin

[[Page 35791]]

calculations. Therefore, this final determination differs from the 
preliminary determination. The final weighted-average dumping margins 
are listed below in the section entitled Continuation of Suspension of 
Liquidation.

EFFECTIVE DATE: May 21, 2002.

FOR FURTHER INFORMATION CONTACT: Cole Kyle or Blanche Ziv, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 
20230; telephone: (202) 482-1503, or (202) 482-4207, 
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 of Commerce ("Department") 
regulations are to 19 CFR Part 351 (April 2001).

Case History

    Since the publication of the preliminary determination in this 
investigation (see Notice of Preliminary Determination of Sales at Less 
Than Fair Value and Postponement of Final Determination: IQF Red 
Raspberries From Chile, 66 FR 67510 (December 31, 2001) 
("Preliminary Determination")), the following events have 
occurred:
    On January 9, 2002, the petitioners and the respondents submitted 
ministerial error allegations regarding the Department's preliminary 
margin calculations. For a detailed discussion of the allegations and 
the Department's analysis, seeMemorandum to Richard W. Moreland, 
"Ministerial Errors in the Preliminary Determination in the 
Antidumping Duty Investigation of Individually Quick Frozen (IQF) Red 
Raspberries from Chile" ("Ministerial Errors Memo") 
dated January 15, 2002, which is on file in the Import Administration's 
Central Records Unit ("CRU"), Room B-099 of the main 
Department of Commerce building.
    In January and February 2002, we conducted verifications of the 
questionnaire responses submitted by Comercial Fruticola 
("Comfrut"), Exportadora Frucol ("Frucol"), and 
Fruticola Olmue ("Olmue") (collectively, "the 
respondents"). We issued verification reports in March and April 
2002. See "Verification" section of this notice for further 
discussion.
    The petitioners and respondents filed case and rebuttal briefs, 
respectively, on April 15 and April 18, 2002. At the request of the 
petitioners, the Department held a public hearing on April 22, 2002.

Scope of Investigation

    The products covered by this investigation are imports of IQF whole 
or broken red raspberries from Chile, with or without the addition of 
sugar or syrup, regardless of variety, grade, size or horticulture 
method (e.g., organic or not), the size of the container in which 
packed, or the method of packing. The scope of the investigation 
excludes fresh red raspberries and block frozen red raspberries (i.e., 
puree, straight pack, juice stock, and juice concentrate).
    The merchandise subject to this investigation is classifiable under 
section 0811.20.2020 of the Harmonized Tariff Schedule of the United 
States ("HTSUS"). Although the HTSUS subheading is provided 
for convenience and customs purposes, the written description of the 
merchandise under investigation is dispositive.

Period of Investigation

    The period of investigation ("POI") is April 1, 2000, 
through March 31, 2001.

Fair Value Comparisons

    To determine whether sales of IQF red raspberries from Chile to the 
United States were made at less than fair value, we compared export 
price ("EP") to normal value ("NV"). Our 
calculations follow the methodologies described in the Preliminary 
Determination, except as noted below and in each individual 
respondent's calculation memorandum, dated May 15, 2002, which are on 
file in the Department's CRU.

Export Price

    For sales to the United States, we used EP as defined in section 
772(a) of the Act. We calculated EP based on the same methodologies 
described in the Preliminary Determination, with the following 
exceptions:

Comfrut

    We corrected certain ministerial errors from the preliminary 
determination (see the January 15, 2002 Ministerial Errors Memo). We 
revised reported amounts, where appropriate, with respect to 
international freight, shipping date, and direct selling expenses based 
on information obtained at verification. We also revised the reported 
amounts for warehousing expenses, indirect selling expenses, and 
inventory carrying costs. For further information, see the May 15, 2002 
calculation memorandum for Comfrut ("Comfrut Calculation 
Memorandum") and the March 22, 2002 sales verification report for 
Comfrut ("Comfrut Sales Verification Report").

Frucol

    We corrected certain ministerial errors from the preliminary 
determination (see the Ministerial Errors Memo). We revised reported 
amounts, where appropriate, with respect to payment date, inland 
freight, indirect selling expenses, credit expenses, gross unit price, 
and brokerage expenses based on information collected at verification. 
We also revised the reported amounts for packing and direct selling 
expenses. For further information, see the May 15, 2002 calculation 
memorandum for Frucol ("Frucol Calculation Memorandum") and 
the March 7, 2002 sales verification report for Frucol ("Frucol 
Sales Verification Report").

Olmue

    We corrected certain ministerial errors from the preliminary 
determination (see the Ministerial Errors Memo). We revised reported 
amounts for international freight, gross unit price, and direct selling 
expenses for several sales based on information obtained at 
verification. We also revised the reported amount for indirect selling 
expenses and inventory carrying costs. For further information, see the 
May 15, 2002 calculation memorandum for Olmue ("Olmue Calculation 
Memorandum") and the April 3, 2002 sales verification report for 
Olmue ("Olmue Sales Verification Report").

Normal Value

    We used the same methodology as that described in the preliminary 
determination to determine the cost of production ("COP"), 
whether comparison market sales were at prices below the COP, and the 
NV, with the following exceptions:
1. Cost of Production Analysis

Comfrut

    We made adjustments to Comfrut's costs based on verification 
findings (see Comfrut Calculation Memorandum and the March 6, 2002 cost 
verification report for Comfrut). We are not making the major input 
adjustment made in the preliminary determination. For further 
information, see the Comfrut Calculation Memorandum.

Frucol

    We have calculated a single, weighted-average cost of fresh 
raspberries for Frucol. For the reasons

[[Page 35792]]

discussed in our response to Comment 1 in the May 15, 2002 Issues and 
Decision Memorandum for the Antidumping Duty Investigation of IQF Red 
Raspberries from Chile; Final Determination("Decision 
Memorandum"), we have used market prices for the berries grown by 
Frucol and, for the reasons discussed in response to Comment 3 in the 
Decision Memorandum, we have used the higher of market or transfer 
prices for the berries purchased by Frucol's affiliated supplier. Also, 
based on our findings at verification, we made revisions to Frucol's 
interest expense and total cost of manufacturing, including, direct 
labor, SG&A, variable overhead, and fixed overhead. See the Frucol 
Calculation Memorandum, the April 2, 2002 cost verification report for 
Frucol ("Frucol's Cost Verification Report") and Comments 
1, 2, 4, 5, and 6 of the Decision Memorandum).

Olmue

    Based on our findings at verification, we made revisions to Olmue's 
total cost of manufacturing, including raw materials, direct labor, 
variable overhead, and fixed overhead. See the Olmue Calculation 
Memorandum and the Olmue Cost Verification Report.
2. Calculation of NV

Comfrut

    We revised the reported amounts for billing adjustments and credit 
expenses for certain sales based on information obtained at 
verification. We also revised the reported amounts for warehousing 
expenses, indirect selling expenses, and inventory carrying costs. For 
further information, see the Comfrut Calculation Memorandum and the 
Comfrut Sales Verification Report.

Frucol

    We corrected certain ministerial errors from the preliminary 
determination (see the Ministerial Errors Memo ). Based on information 
collected at verification, we revised the reported form, control 
number, commissions, and customer code for certain sales. We also 
revised the reported amounts for packing and direct selling expenses. 
For further information, see the Frucol Calculation Memorandum and the 
Frucol Sales Verification Report at Exhibit S-1.

Olmue

    We revised reported amounts for gross unit price, brokerage and 
handling, and direct selling expenses for several sales based on 
information obtained at verification. We also revised the reported 
amounts for indirect selling expenses and inventory carrying costs. For 
further information, see the Olmue Calculation Memorandum and the Olmue 
Sales Verification Report at Exhibit S-1.

Currency Conversions

    We made currency conversions in accordance with section 773A of the 
Act in the same manner as in the preliminary determination.

Verification

    As provided in section 782(i)(1) of the Act, we verified the 
information submitted by all responding companies during January and 
February 2002. We used standard verification procedures, including 
examination of relevant accounting and production records, as well as 
original source documents provided by the respondent.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this investigation are addressed in the Decision Memorandum, which is 
hereby adopted by this notice. Attached to this notice as an appendix 
is a list of the issues which parties have raised and to which we have 
responded in the Decision Memorandum. Parties can find a complete 
discussion of all issues raised in this investigation and the 
corresponding recommendations in this public memorandum, which is on 
file in the Department's CRU. In addition, a complete version of the 
Decision Memorandum can be accessed directly on the Web at http://ia.ita.doc.gov/frn. The paper copy and electronic version of the 
Decision Memorandum are identical in content.

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we are 
directing the U.S. Customs Service ("Customs") to continue 
to suspend liquidation of all imports of IQF red raspberries from Chile 
(except for entries from Comercial Fruticola and Exportadora Frucol) 
that are entered, or withdrawn from warehouse, for consumption on or 
after December 31, 2001, the date of publication of the Preliminary 
Determination in the Federal Register. Comercial Fruticola and 
Exportadora Frucol have de minimis and zero margins, respectively, and 
will be excluded from the antidumping duty order, if issued. Customs 
shall continue to require a cash deposit or the posting of a bond equal 
to the weighted-average amount by which the NV exceeds the EP, as 
appropriate, as indicated in the chart below. These suspension of 
liquidation instructions will remain in effect until further notice.
    The weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                        Weighted-Average
                Exporter/Manufacturer                        Margin
                                                        Percentage
------------------------------------------------------------------------
Comercial Fruticola..................................       0.50 percent
                                                               (de
                                                                minimis)
Exportadora Frucol...................................       0.00 percent
Fruticola Olmue......................................       5.98 percent
All Others...........................................       5.98 percent
------------------------------------------------------------------------

    Pursuant to section 735(c)(5)(A), we have excluded from the 
calculation of the all others rate margins which are zero or de 
minimis.

ITC Notification

    In accordance with section 735(d) of the Act, we have notified the 
International Trade Commission ("ITC") of our 
determination. As our final determination is affirmative, the ITC will, 
within 45 days, determine whether these imports are materially 
injuring, or threaten material injury to, the U.S. industry. If the ITC 
determines that material injury, or threat of material injury, does not 
exist, the proceeding will be terminated and all securities posted will 
be refunded or canceled. If the ITC determines that such injury does 
exist, the Department will issue an antidumping duty order.
    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 351.305. Timely 
notification of return or 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 determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act.

    Dated: May 15, 2002.
Faryar Shirzad,
Assistant Secretary for Import Administration.

APPENDIX

List of Comments in the Issues and Decision Memorandum

Frucol
Comment 1:COP Methodology
Comment 2: Production Quantities
Comment 3: Frucol's Purchases of Fresh Raspberries
Comment 4: Extraordinary Costs
Comment 5: Unreconciled Differences
Comment 6: General and Administrative Expense Ratio

[[Page 35793]]

Comment 7: Third Country Sales
Comment 8: Billing Adjustment
Comfrut
Comment 9: Direct Material Costs
Comment 10: Raw Material Costs
Olmue
Comment 11: COM
Comment 12: Sales to Third Country
Comment 13: CV Profit Rate
[FR Doc. 02-12725 Filed 5-20-02; 8:45 am]
BILLING CODE 3510-DS-S