[Federal Register Volume 67, Number 99 (Wednesday, May 22, 2002)]
[Notices]
[Pages 35961-35962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12858]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-337-807]


Notice of Final Negative Countervailing Duty Determination: IQF 
Red Raspberries from Chile

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

ACTION: Notice of final negative countervailing duty determination.

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SUMMARY: The Department of Commerce (``the Department'') has made a 
final determination that countervailable subsidies are not being 
provided to producers and exporters of individually quick frozen red 
raspberries in Chile.

EFFECTIVE DATE: May 22, 2002.

FOR FURTHER INFORMATION CONTACT: Craig Matney or Jennifer Jones, Office 
of AD/CVD Enforcement 1, Import Administration, U.S. Department of 
Commerce, Room 3096, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230; telephone: (202) 482-1778 or 482-4194, 
respectively.

SUPPLEMENTARY INFORMATION:

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 19 CFR Part 351 (April 2001).

Petitioners

    The petition in this investigation was filed by the IQF Red 
Raspberries Fair Trade Committee (``Committee'') and its members 
(collectively referred to hereinafter as ``the petitioners''). The 
Committee is an ad hoc association of growers and processors of IQF red 
raspberries. All of the members of the Committee are producers of IQF 
red raspberries.

Case History

    Since the publication of the preliminary determination in the 
Federal Register (see Preliminary Negative Countervailing Duty 
Determination and Alignment of Final Countervailing Duty Determination 
With Final Antidumping Duty Determination: IQF Red Raspberries from 
Chile, 66 FR 52588 (October 16, 2001) (``Preliminary Determination'')), 
the following events have occurred:
    We conducted verification of the questionnaire responses of the 
Government of Chile (``GOC''), Fruticola Olmue S.A. (``Olmue''), 
Exportadora Frucol Ltda. (``Frucol'') and Comercial Fruticola S.A. 
(``Comfrut'') from December 12-19, 2001.
    On December 12, 2001, based on a request from Olmue, Frucol and 
Comfrut (collectively, ``the responding companies''), which are also 
respondents in the companion antidumping duty investigation, the 
Department postponed the final antidumping determination until May 15, 
2002. Because of the alignment of the countervailing duty investigation 
with the antidumping duty investigation, the final determination in the 
countervailing duty investigation was also postponed until May 15, 
2002. 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 30, 2001).
    On March 25, 2002, we received a combined case brief from the GOC 
and the three responding companies. No brief or rebuttal brief was 
filed by the petitioners. No hearing was held because none was 
requested.

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 
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 for which we are measuring subsidies (the POI) is 
calendar year 2000.

Analysis of Comments Received

    All issues raised in the case brief submitted are addressed in the 
Decision Memorandum, which is hereby adopted by this notice. Attached 
to this notice as Appendix I is a list of the issues which parties have 
raised and to which we have responded in the Decision

[[Page 35962]]

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 Central Records Unit, room B-
099 of the main Department building. In addition, a complete version of 
the Decision Memorandum can be accessed directly on the Internet at 
http://ia.ita.doc.gov/frn/ under the heading ``Chile.'' The paper copy 
and electronic version of the Decision Memorandum are identical in 
content.

Verification

    In accordance with section 782(i) of the Act, we verified the 
information used in making our final determination. We followed 
standard verification procedures, including meeting with government and 
company officials, and examining relevant accounting records and 
original source documents. Our verification results are outlined in 
detail in the public versions of the verification reports, which are on 
file in the Central Records Unit of the Department of Commerce, Room B-
099.

Summary

    The total net countervailable subsidy rates for Olmue, Comfrut, and 
Frucol are 0.01, 0.16 and 0.65 percent, ad valorem, respectively. All 
of these rates are de minimis. Therefore, we determine that 
countervailable subsidies are not being provided to producers or 
exporters of IQF red raspberries in Chile.

Suspension of Liquidation

    In the Preliminary Determination, the total net countervailable 
subsidy rates for all the responding companies were de minimis and, 
therefore, we did not suspend liquidation. For the instant 
determination, because the rates for all the responding companies 
remain de minimis, we are not directing the Customs Service to suspend 
liquidation of IQF red raspberries from Chile.

Notification of the International Trade Commission

    In accordance with section 705(d) of the Act, we have notified the 
International Trade Commission of our determination.

Return or Destruction of Proprietary Information

    This notice will serve as the only reminder to parties subject to 
Administrative Protective Order of their responsibility concerning the 
return or destruction of proprietary information disclosed under APO in 
accordance with 19 CFR 351.305(a). Failure to comply is a violation of 
the APO.
    This determination is published pursuant to sections 705(d) and 
777(i) of the Act.

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

APPENDIX

List of Comments and Issues in the Decision Memorandum

Comment 1: Benchmark Interest Rates
Comment 2: Countervailability of ProChile Export Promotion Assistance 
Program
[FR Doc. 02-12858 Filed 5-21-02; 8:45 am]
BILLING CODE 3510-DS-S