[Federal Register Volume 67, Number 131 (Tuesday, July 9, 2002)]
[Notices]
[Page 45460]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17199]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-337-806]


Notice of Antidumping Duty Order: IQF Red Raspberries From Chile

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

ACTION: Notice of antidumping duty order.

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EFFECTIVE DATE: July 9, 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.

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).

Scope of Order

    The products covered by this order 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 order excludes fresh 
red raspberries and block frozen red raspberries (i.e., puree, straight 
pack, juice stock, and juice concentrate).
    The merchandise subject to this order 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 scope of this 
order is dispositive.

Antidumping Duty Order

    In accordance with section 735(d) of the Act, the Department 
published its final determination that IQF red raspberries from Chile 
are being, or are likely to be, sold in the United States at less than 
fair value (``LTFV''). See Notice of Final Determination of Sales at 
Less Than Fair Value: IQF Red Raspberries from Chile, 67 FR 35790 (May 
21, 2002). Subsequently, the Department amended its final determination 
of the antidumping duty investigation of IQF red raspberries from Chile 
to correct a ministerial error in the final margin calculation for one 
respondent. See Notice of Amended Final Determination of Sales at Less 
Than Fair Value: IQF Red Raspberries from Chile, 67 FR 40270 (June 12, 
2002). On July 2, 2002, the International Trade Commission notified the 
Department of its final determination pursuant to section 
735(b)(1)(A)(i) of the Act that an industry in the United States is 
materially injured by reason of LTFV imports of subject merchandise 
from Chile.
    Therefore, in accordance with section 736(a)(1) of the Act, the 
Department will direct the Customs Service to assess, upon further 
advice by the Department, antidumping duties equal to the amount by 
which the normal value of the merchandise exceeds the export price (or 
the constructed export price) of the merchandise for all relevant 
entries of IQF red raspberries from Chile, except for subject 
merchandise produced and exported by Exportadora Frucol and Comercial 
Fruticola, which received zero and de minimis final margins, 
respectively. For all producers and exporters, with the exception of 
Exportadora Frucol and Comercial Fruticola, antidumping duties will be 
assessed on all unliquidated entries of imports of the subject 
merchandise that are entered, or withdrawn from warehouse, for 
consumption on or after December 31, 2001, the date on which the 
Department published its notice of affirmative preliminary 
determination in the Federal Register. 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).
    On or after the date of publication of this notice in the Federal 
Register, Customs Service officers must require, at the same time that 
importers deposit estimated normal customs duties, a cash deposit equal 
to the estimated weighted-average antidumping duty margins as noted 
below. The ``All Others'' rate applies to all exporters of subject 
merchandise not specifically listed. The weighted-average dumping 
margins are as follows:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                    Exporter/Manfacturer                        margin
                                                              percentage
------------------------------------------------------------------------
Comercial Fruticola........................................        (\1\)
Exportadora Frucol.........................................        (\1\)
Fruticola Olmue............................................         6.33
All Others.................................................        6.33
------------------------------------------------------------------------
\1\ Excluded.

    This notice constitutes the antidumping duty order with respect to 
IQF red raspberries from Chile, pursuant to section 736(a) of the Act. 
Interested parties may contact the Department's Central Records Unit, 
room B-099 of the main Department building, for copies of an updated 
list of antidumping duty orders currently in effect.
    This order is published in accordance with section 736(a) of the 
Act and 19 CFR 351.211.

    Dated: July 3, 2002.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 02-17199 Filed 7-8-02; 8:45 am]
BILLING CODE 3510-DS-P