[Federal Register Volume 67, Number 113 (Wednesday, June 12, 2002)]
[Notices]
[Pages 40270-40271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14832]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-337-806]


Notice of Amended 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 Amended Final Determination of Sales at Less Than 
Fair Value.

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EFFECTIVE DATE:  June 12, 2002.

FOR FURTHER INFORMATION CONTACT: Cole Kyle or Blanche Ziv, (202) 482-
1503 or (202) 482-4207, respectively; Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW, Washington, DC 20230.

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,

[[Page 40271]]

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 (``the 
Department'') regulations are to 19 CFR Part 351 (April 2001).

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.

Amended Final Determination

    On May 15, 2002, the Department determined that individually quick 
frozen (``IQF'') red raspberries from Chile are being sold in the 
United States at less than fair value (``LTFV''), as provided in 
section 735(a) of the Act. See Notice of Final Determination of Sales 
at Less Than Fair Value: IQF Red Raspberries from Chile, 67 FR 35790 
(May 21, 2002). On May 28, 2002, we received a ministerial error 
allegation, timely filed pursuant to 19 CFR 351.224(c)(2), from the IQF 
Red Raspberries Fair Trade Committee and the IQF Committee of the 
Washington Red Raspberry Commission (``the petitioners'') regarding the 
Department's final margin calculations. The petitioners requested that 
we correct the error and publish a notice of amended final 
determination in the Federal Register, pursuant to 19 CFR 351.224(e). 
The petitioners' submission alleges that the Department failed to 
correct the margin program for Fruticola Olmue (``Olmue'') pursuant to 
the Department's findings at verification\1\. Specifically, the 
petitioners allege that the Department inadvertently applied the 
incorrect indirect selling expense factor in calculating Olmue's third 
country indirect selling expense in the margin calculations. Olmue did 
not submit comments on the ministerial error allegation.
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    \1\ No ministerial errors allegations were filed with respect to 
the other two respondents in this case, Comercial Fruticola 
(``Comfrut'') and Exportadora Frucol (``Frucol'').
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    In accordance with section 735(e) of the Act, we have determined 
that a ministerial error in the calculation of Olmue's indirect selling 
expenses for U.S. and third country sales was made in our final margin 
calculations. For a detailed discussion of the above-cited ministerial 
error allegation and the Department's analysis, see Memorandum to 
Richard W. Moreland, ``Allegation of Ministerial Error; Final 
Determination in the Antidumping Duty Investigation of IQF Red 
Raspberries from Chile'' dated May 29, 2002, which is on file in the 
Central Records Unit (``CRU''), room B-099 of the main Department 
building.
    Therefore, in accordance with 19 CFR 351.224(e), we are amending 
the final determination of the antidumping duty investigation of IQF 
red raspberries from Chile to correct this ministerial error. 
Accordingly, we have revised Olmue's margin. We also revised the ``All 
Others'' rate. The revised final weighted-average dumping margins are 
as follows:

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                                                        Original Weighted-average     Revised Weighted-average
                Exporter/Manfacturer                        margin percentage             margin percentage
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Comercial Fruticola.................................                          0.50                          0.50
Exportadora Frucol..................................                          0.00                          0.00
Fruticola Olmue.....................................                          5.98                          6.33
All Others\2\.......................................                          5.98                          6.33
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\2\ Pursuant to section 735(c)(5)(A) of the Act, we have excluded from the calculation of the all-others rate
  margins which are zero or de minimis.

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 subject merchandise produced by Exportadora Frucol and Comercial 
Fruticola (which have zero and de minimis weighted-average margins, 
respectively). Customs shall require a cash deposit or the posting of a 
bond equal to the weighted-average amount by which the normal value 
exceeds the export price as indicated in the chart above. These 
suspension of liquidation instructions will remain in effect until 
further notice.

ITC Notification

    In accordance with section 735(d) of the Tariff Act, we have 
notified the International Trade Commission of our amended final 
determination.
    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act.

    Dated: June 6, 2002
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 02-14832 Filed 6-11-02; 8:45 am]
BILLING CODE 3510-DS-S