[Federal Register Volume 68, Number 245 (Monday, December 22, 2003)]
[Notices]
[Pages 71065-71067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-31482]


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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 of New Shipper Review

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

ACTION: Notice of final results of 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 made below 
normal value during the period June 1, 2002, through November 30, 2002.
    Based on our review of comments received and a reexamination of 
surrogate value data, we have made certain changes in the margin 
calculation for Yantai Golden Tide Fruits and Vegetable Food Co., Ltd. 
Consequently, the final results differ from the preliminary results. 
The final weighted-average dumping margin for Yantai Golden Tide Fruits 
and Vegetable Food Co., Ltd. is listed below in the section entitled 
``Final Results of Review.'' Based on these final results, 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 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, or (202) 482-4126, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 30, 2003, the Department published in the Federal Register 
the preliminary results of this new shipper review of non-frozen apple 
juice concentrate (``AJC'') from the People's Republic of China 
(``PRC'') for Yantai Golden Tide Fruits and Vegetable Food Co., Ltd. 
(``Golden Tide''), (see Certain Non-Frozen Apple Juice Concentrate From 
the People's Republic of China: Preliminary Results of New Shipper 
Review, 68 FR 44741 (July 30, 2003) (``Preliminary Results'')).
    In September 2003, we conducted verification of the questionnaire 
responses submitted by Golden Tide. We issued a verification report on 
October 5, 2003.
    We invited parties to comment on the Preliminary Results and the 
verification report. On October 15, 2003, we received a case brief from 
Golden Tide. No rebuttal briefs were received. No hearing was held 
because none was requested.
    On October 22, 2003, the Department published in the Federal 
Register a Notice of Extension of Time Limit for the Final Results of 
the New Shipper Review, 68 FR 60337.
    The Department has conducted this review in accordance with section 
751(a) of the Tariff Act of 1930, as amended, (``the Act'').

Scope of Order

    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.

Analysis of Comments Received

    All issues raised in the case brief to this new shipper 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.

[[Page 71066]]

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, the 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 December 
15, 2003 ``Final Results Calculation Memorandum for Yantai Golden Tide 
Fruits & Vegetable Co., Ltd.'' (``Calc Memo'').
    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.
    The prices are from 1999. Therefore, we have inflated them to the 
POR. The resulting value is US$8.78/MT. See Comment 3 of the Decision 
Memorandum.
    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 the respondent in 
its 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.
    Aseptic Bags: Golden Tide purchased aseptic bags from a market 
economy supplier slightly before the POR. Therefore, we have inflated 
the price of the bags to the POR. The resulting price is business 
proprietary. See Calc Memo.

Final Results of Review

    For the reasons discussed in our Preliminary Results and above, we 
determine that the following weighted-average margin percentage exists 
for Golden Tide during the period June 1, 2002, through November 30, 
2002:

------------------------------------------------------------------------
                                                              Margin
             Manufacturer/Producer/Exporter                (percentage)
------------------------------------------------------------------------
Yantai Golden Tide Fruits & Vegetable Food Co., Ltd.....            7.70
PRC Wide................................................           51.74
------------------------------------------------------------------------

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.

Cash Deposit Requirements

    Bonding will no longer be permitted to fulfill security 
requirements for shipments from Golden Tide 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 Golden Tide (i.e., for subject merchandise 
manufactured and exported by Golden Tide) will be the rate indicated 
above; (2) the cash deposit rate for PRC exporters who received a 
separate rate in a prior 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 Golden Tide 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)(2) 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 the only 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(a)(3). 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 
accordance with sections 751(a)(2)(B)(iv) and 777(i) of the Act and 19 
CFR 351.214.

    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.

[[Page 71067]]

    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. 03-31482 Filed 12-19-03; 8:45 am]
BILLING CODE 3510-DS-P