[Federal Register Volume 68, Number 245 (Monday, December 22, 2003)]
[Notices]
[Pages 71062-71065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-31481]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-855]


Certain Non-Frozen Apple Juice Concentrate from the People's 
Republic of China: Final Results and Partial Rescission of the 2001-
2002 Administrative Review, and Final Results of the New Shipper 
Review.

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

ACTION: Notice of Final Results and Partial Rescission of the 2001-2002 
Administrative Review, and Final Results of the New Shipper Review.

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SUMMARY: We have determined that sales of certain non-frozen apple 
juice concentrate from the People's Republic of China were not made 
below normal value during the period June 1, 2001, through May 31, 
2002. We are also rescinding the review, in part, in accordance with 19 
CFR 351.213(d)(3).
    Based on our review of comments received and a reexamination of 
surrogate value data, we have made certain changes in the margin 
calculations for all of the reviewed companies. The final weighted-
average dumping margins for these firms are listed below in the section 
entitled ``Final Results of Review.'' Changsha Industrial Products & 
Minerals Import and Export Co., Ltd. did not respond to the 
Department's questionnaire and will receive the facts available rate. 
See ``Use of Fact Otherwise Available'' section, below. Based on these 
final results of review, we will instruct U.S. Customs and Border 
Protection to assess antidumping duties based on the difference between 
the export price and normal value on all appropriate entries.

EFFECTIVE DATE: December 22, 2003.

FOR FURTHER INFORMATION CONTACT: Audrey Twyman, Stephen Cho, or John 
Brinkmann, Group 1, Office I, Antidumping/Countervailing Duty 
Enforcement, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW, 
Washington, DC 20230; telephone (202) 482-3534, (202) 482-3798, and 
(202) 482-4126, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 7, 2003, the Department published the preliminary results 
of this review of certain non-frozen apple juice concentrate 
(AJC'') from the People's Republic of China (``PRC''). See 
Certain Non-Frozen Apple Juice Concentrate From the People's Republic 
of China: Preliminary Results of 2001-2002 Administrative Review and 
New Shipper Review, and Partial Rescission of Review, 68 FR 40244 (July 
7, 2003) (``Preliminary Results''). The period of review (``POR'') is 
June 1, 2001, through May 31, 2002. This review covers the following 
producers or exporters (referred to collectively as ``the 
respondents''): Shaanxi Haisheng Fresh Fruit Juice Co., Ltd. 
(``Haisheng''), SDIC Zhonglu Juice Group Co., Ltd. (``Zhonglu''), 
Yantai Oriental Juice Co.,

[[Page 71063]]

Ltd. (``Oriental''), Sanmenxia Lakeside Fruit Juice Co., Ltd. 
(``Lakeside''), and Changsha Industrial Products & Minerals Import and 
Export Co., Ltd. (``Changsha''). On July 26, 2002, Gansu Tongda Fruit 
Juice and Beverage Company (``Gansu Tongda'') agreed to align the new 
shipper review with the second administrative review; therefore, the 
concurrent new shipper review covers one producer/exporter: Gansu 
Tongda.
    In September 2003, we conducted verification of the questionnaire 
responses submitted by Gansu Tongda. We issued a verification report on 
October 8, 2003.
    We invited parties to comment on the Preliminary Results and the 
Verification Report. On October 20, 2003, we received a combined case 
brief from Haisheng, Zhonglu, Oriental, and Gansu Tongda. No rebuttal 
briefs were submitted. No hearing was held because respondents withdrew 
their request for a hearing in a letter dated October 23, 2003.
    On October 22, 2003, the Department published in the Federal 
Register a Notice of Extension of Time Limit for the Final Results of 
the Second Administrative Review and New Shipper Review, 68 FR 60338.
    The Department has conducted this administrative review and new 
shipper review in accordance with section 751 of the the Tariff Act of 
1930, as amended (``the Act'').

Scope of Review

    The product covered by this order is certain non-frozen apple juice 
concentrate (``NFAJC''). Certain NFAJC is defined as 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 order 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.
    The merchandise subject to this order is classified in the 
Harmonized Tariff Schedule of the United States (``HTSUS'') at 
subheadings 2106.90.52.00, and 2009.70.00.20 before January 1, 2002, 
and 2009.79.00.20 after January 1, 2002. Although the HTSUS subheadings 
are provided for convenience and customs purposes, the written 
description of the scope of the order is dispositive.

Rescission of Review in Part

    As noted in the Preliminary Results, Shandong Foodstuffs Import and 
Export Corporation (``Shandong''), Shaanxi Gold Peter Natural Drink 
Co., Ltd. (``Gold Peter''), Qingdao Nannan Foods Co., Ltd. 
(``Nannan''), Shaanxi Machinery and Equipment Import and Export 
Corporation (``SAAME''), Shaanxi Hengxing Fruit Juice Co., Ltd. 
(``Hengxing''), Xian Asia Qin Fruit Co., Ltd. (``Xian Asia''), and Xian 
Yang Fuan Juice Co., Ltd. (``Xian Yang'') reported no shipments of 
subject merchandise to the United States during the POR. Entry data 
provided by U.S. Customs and Border Protection (``CBP'') confirm that 
there were no POR entries from Shandong, Gold Peter, Nannan, SAAME, 
Hengxing, Xian Asia, and Xian Yang of AJC. Therefore, consistent with 
the Department's regulations and practice, we are rescinding this 
review with respect to Shandong, Gold Peter, Nannan, SAAME, Hengxing, 
Xian Asia, and Xian Yang. (See 19 CFR 351.213(d)(3); see, also, Silicon 
Metal from Brazil; Final Results of Antidumping Duty Administrative 
Review, 61 FR 46763 (September 5, 1996).)

Use of Facts Otherwise Available

    As discussed in detail in the Preliminary Results, we have 
determined that companies which did not respond to the Department's 
questionnaire in this proceeding should not receive separate rates and, 
thus, are viewed as part of the PRC-wide entity. Moreover, as noted in 
the Preliminary Results, we determine that, in accordance with sections 
776(a) and (b) of the Act, the use of adverse facts available is 
appropriate for companies which did not respond to our requests for 
information. No party in this proceeding has commented on these issues 
since the publication of the Preliminary Results. Thus, for these final 
results, we have continued to assign the PRC-wide rate of 51.74 percent 
to Changsha Industrial Products & Minerals Import and Export Co. and 
other companies subject to the PRC-wide rate.

Analysis of Comments Received

    All issues raised in the case brief by parties to this review are 
addressed in the ``Issues and Decision Memorandum'' from Jeffrey May, 
Deputy Assistant Secretary, Import Administration to James J. Jochum, 
Assistant Secretary, Import Administration, dated December 15, 2003, 
(``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 review 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://www.ia.ita.doc.gov/frn/summary/list.htm under the heading ``China 
PRC.'' The paper copy and electronic version of the Decision Memorandum 
are identical in content.

Changes Since the Preliminary Results

    Based on our review of comments received, verification, and a 
reexamination of surrogate value data, we have made certain changes to 
the calculations for the final results. These changes are discussed in 
the following Comments in the Decision Memorandum or in the referenced 
final calculation memorandum:
All Companies
    Overhead, SG&A, and Profit: We have revised the overhead, SG&A and 
profit ratios based on the full English translation of the Agros 
Holding Incorporated financial statement submitted by respondents in 
their August 18, 2003 ``2nd; Surrogate Value Submission'' at Exhibit 2. 
The revised overhead percentage is 7.11. The revised SG&A percentage is 
50.24. The revised profit percentage is 4.46. See Comment 2 of the 
Decision Memorandum.
    Domestic Brokerage and Handling: In the Preliminary Results, 
domestic brokerage and handling was based on a single brokerage and 
handling rate. For these final results the Department has calculated 
the surrogate brokerage and handling value by averaging this brokerage 
and handling rate with two additional freight forwarder quotes which 
were used by the Department in recent cases.
    We have continued to remove Terminal Handling Charges from the 
calculation because we have information from both Maersk Sealand and 
UML Shipping Agency Ltd. indicating that Terminal Handling Charges were 
not in effect in the PRC until the first quarter of 2002.
    The prices are from 1999. Therefore, we have inflated them to the 
POR. The resulting value is US$3.65/MT. See Comment 3 of the Decision 
Memorandum.

[[Page 71064]]

Gansu Tongda
    Ocean Freight for Gansu Tongda's Market Economy Purchase: Gansu 
Tongda purchased aseptic bags in U.S. dollars from a market economy 
supplier. Since the charge did not include ocean freight we have added 
ocean freight charges to the bag cost. See December 15, 2003, ``Final 
Results Calculation Memorandum for Gansu Tonga Fruit Juice & Beverage 
Company.''

Final Results of Reviews

    We determine that the following dumping margins exist for the 
following companies for the period June 1, 2001, through May 31, 2002:

                                          Second Administrative Review
----------------------------------------------------------------------------------------------------------------
             Exporter/manfacturer/producer                         Weighted-average margin percentage
----------------------------------------------------------------------------------------------------------------
Sanmenxia Lakeside Fruit Juice Co., Ltd...............                                                      0.00
Shaanxi Haisheng Fresh Fruit Juice Co., Ltd...........                                                      0.00
SDIC Zhonglu Juice Group Co., Ltd.....................                                                      0.00
  (a.k.a. Shandong Zhonglu Juice Group Co., Ltd.,.....
  Rushan Shangjin-Zhonglu Foodsuff Co., Ltd...........
  Shandong Luling Fruit Juice Co., Ltd.)..............
Yantai Oriental Juice Co., Ltd........................                                                      0.00
PRC-wide rate (including Changsha Industrial Products                                                      51.74
 & Minerals Import and Export Co., Ltd.)..............
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                                               New Shipper Review
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                                                                                       Weighted-average margin
            Exporter                            Producer/manufacturer                         percentage
----------------------------------------------------------------------------------------------------------------
Gansu Tongda Fruit Juice and          Gansu Tongda Fruit Juice and Beverage Company                         0.00
 Beverage Company..............
----------------------------------------------------------------------------------------------------------------

    The PRC-wide rate applies to all entries of the subject 
merchandise, including entries from Changsha Industrial Products & 
Minerals Import and Export Co., Ltd., except for entries from exporters 
that are identified individually above.

Assessment Rates

    The Department will issue appropriate assessment instructions 
directly to U.S. Customs and Border Protection (``CBP'') within 15 days 
of publication of the final results of this review.
    In accordance with 19 CFR 351.212(b)(1), we have calculated 
importer (or customer)-specific assessment rates for the merchandise 
subject to this review. To determine whether the duty assessment rates 
were de minimis, in accordance with the requirement set forth in 19 CFR 
351.106(c)(2), we calculated importer (or customer)-specific ad valorem 
rates by aggregating the dumping margins calculated for all U.S. sales 
to that importer (or customer) and dividing this amount by the total 
value of the sales to that importer (or customer). Where an importer 
(or customer)-specific ad valorem rate was greater than de minimis, we 
calculated a per unit assessment rate by aggregating the dumping 
margins calculated for all U.S. sales to that importer (or customer) 
and dividing this amount by the total quantity sold to that importer 
(or customer). Where an importer (or customer )-specific ad valorem 
rate was de minimis, we will order the Customs Service to liquidate 
without regard to antidumping duties. All other entries of the subject 
merchandise during the POR will be liquidated at the antidumping duty 
cash deposit rate in place at the time of entry.
    An injunction prevented us from liquidating entries from Oriental, 
Lakeside, Haisheng, Zhonglu, and Changsha. On December 12, 2003, we 
published a ``Timken Notice'', announcing the Court of International 
Trade's final judgement in Yantai Oriental Juice Co., et al. v. United 
States and Coloma Frozen Foods, Inc., et al. See Certain Non-Frozen 
Apple Juice Concentrate from the People's Republic of China: Notice of 
Court Decision and Suspension of Liquidation, 68 FR 69377. Should no 
party appeal this decision we will liquidate these companies' entries 
in accordance with the language of the ``Timken Notice''.

Cash Deposit Requirements for Administrative Review

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(1) of the Act: (1) for the PRC companies 
named above, the cash deposit rates will be the rates for these firms 
indicated above; (2) for previously-reviewed PRC and non-PRC exporters 
with separate rates, the cash deposit rate will be the company-specific 
rate established for the most recent period during which they were 
reviewed; (3) for all other PRC exporters, the rate will be the PRC 
country-wide rate, which is 51.74 percent; and (4) for all other non-
PRC exporters of subject merchandise from the PRC, the cash deposit 
rate will be the rate applicable to the PRC exporter that supplied that 
exporter. These deposit requirements, when imposed, shall remain in 
effect until publication of the final results of the next 
administrative review.

Cash Deposit Requirements for New Shipper Review

    Bonding will no longer be permitted to fulfill security 
requirements for shipments from Gansu Tongda of non-frozen apple juice 
concentrate from the PRC entered, or withdrawn from warehouse, for 
consumption on or after the publication date of the final results of 
this new shipper review.
    The following deposit rates shall be required for merchandise 
subject to the order entered, or withdrawn from warehouse, for 
consumption on or after the publication date of these final results, as 
provided by section 751(a)(1) and (a)(2)(B) of the Act: (1) the cash 
deposit rate for Gansu Tongda (i.e., for subject merchandise 
manufactured and exported by Gansu Tongda) will be the rate indicated 
above; (2) the cash deposit rate for PRC exporters who received a 
separate rate in a prior

[[Page 71065]]

segment of the proceeding will continue to be the rate assigned in that 
segment of the proceeding; (3) the cash deposit rate for the PRC NME 
entity and for subject merchandise exported by Gansu Tongda but not 
manufactured by them will continue to be the PRC-wide rate (i.e., 51.74 
percent); and (4) the cash deposit rate for non-PRC exporters of 
subject merchandise from the PRC will be the rate applicable to the PRC 
exporter that supplied that exporter. These deposit requirements shall 
remain in effect until publication of the final results of the next 
administrative review.

Notification to Importers

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this review period. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.

Notification Regarding APOs

    This notice also serves as a reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return/destruction of 
APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.
    We are issuing and publishing this determination and notice in 
ccordance with section 751(a)(1), 751(a)(2)(B), and 777(i) of the Act.

    Dated: December 15, 2003.
James J. Jochum,
Assistant Secretary for Import Administration.

APPENDIX

List of Comments and Issues in the Decision Memorandum

Comment 1: The Department's use of Poland as the primary surrogate 
country is contrary to law and unsupported by the administrative 
record.
Comment 2: The Department should revise its surrogate ratio 
calculations derived from the Agros financial statement.
Comment 3: The Department should revise its surrogate value for 
domestic brokerage and handling.
[FR Doc. 03-31481 Filed 12-19-03; 8:45 am]
BILLING CODE 3510-DS-S