[Federal Register Volume 69, Number 10 (Thursday, January 15, 2004)]
[Notices]
[Pages 2330-2331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-906]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-337-806]


Individually Quick Frozen Red Raspberries From Chile: Notice of 
Partial Rescission of Antidumping Duty Administrative Review

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

ACTION: Notice of partial rescission of first administrative review.

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SUMMARY: In response to requests from interested parties, the 
Department of Commerce is conducting an administrative review of the 
antidumping duty order on individually quick frozen red raspberries 
from Chile. This review covers sales of individually quick frozen red 
raspberries to the United States during the period December 31, 2001 
through June 30, 2003. Based on a request for withdrawal of the review 
with respect to certain companies, we are rescinding, in part, the 
first administrative review.

EFFECTIVE DATE: January 15, 2004.

FOR FURTHER INFORMATION CONTACT: Cole Kyle, Office 1, AD/CVD 
Enforcement, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington DC 20230; telephone (202) 482-1503.

SUPPLEMENTARY INFORMATION:

Background

    On July 2, 2003, the Department of Commerce (``the Department'') 
published in the Federal Register a notice of the opportunity to 
request an administrative review in the above-cited segment of the 
antidumping duty proceeding (see 68 FR 39511). We received a timely 
filed request for review of 51 companies from the Pacific Northwest 
Berry Association, Lynden, Washington, and each of its individual 
members, Curt Maberry Farm, Enfield Farms, Inc., Maberry Packing, and 
Rader Farms, Inc. (collectively, ``the petitioners''). We also received 
timely filed requests for review from Fruticola Olmue S.A. (``Olmue''), 
Santiago Comercio Exterior Exportaciones Ltda. (``SANCO''), and Vital 
Berry Marketing S.A. (``Vital Berry'').\1\ On August 22, 2003, we 
initiated an administrative review of the 51 companies (see 68 FR 
50750).
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    \1\ These three companies were included in the petitioners' 
request for review of 51 companies.
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    On November 20 and, further, on December 12, 2003, the petitioners 
requested that the Department extend the deadline for interested 
parties to withdraw review requests. In accordance with its regulatory 
discretion in this respect, as detailed at 19 CFR 351.213(d)(1) (2003), 
the Department granted the petitioners' requests and extended the 
deadline for interested parties to withdraw their requests for review. 
See Memorandum to the File dated November 20, 2003, Request for 
Extension of Deadline for Withdrawing from Review; see also Memorandum 
to the File dated December 12, 2003, Second Request for Extension of 
Deadline for Withdrawing from Review.
    On January 2, 2004, we received comments from Valles Andinos S.A. 
(``Valles Andinos'') opposing any potential request by the petitioners 
that their request for review of that company be withdrawn.
    On January 5, 2004, we received a timely filed request from the 
petitioners withdrawing their request for review for all of the 
companies for which they had requested an administrative review, except 
Uren Chile S.A.

Partial Rescission of Antidumping Administrative Review

    Because the petitioners were the only party to request an 
administrative review for all companies except Olmue, SANCO, and Vital 
Berry, and because they filed their withdrawal request within the 
deadline established by the Department, we are hereby rescinding the 
administrative review with respect to the following companies in 
accordance with 19 CFR 351.213(d)(1):

Agricola Nova Ltda.;
Agrocomercial Las Tinajas Ltda.;
Agroindustria Framberry Ltda.;
Agroindustria Niquen Ltda.;
Agroindustria Sagrada Familia Ltda.;
Agroindustria y Frigorifico M y M Ltda.;
Agroindustrial Frisac Ltda.;
Agroindustrial Frutos del Maipo Ltda.;
Agroindustrial Merco Trading Ltda.;
Agroindustrias San Francisco Ltda.;
Agross S.A.;
Alimentos Prometeo Ltda.;
Alimentos y Frutos S.A.;
Andesur S.A.;
Angloeuro Comercio Exterior S.A.;
Armijo Carrasco, Claudio del Carmen;
Arvalan S.A.;
Bajo Cero S.A.;
Certified Pure Ingredients (Chile) Inc. y Cia. Ltda.;
Chile Andes Foods S.A.;
Comercializadora Agricola Berries & Fruit Ltda;
Comercializadora de Alimentos del Sur Ltda.;
Comercio y Servicios S.A.;
Copefrut S.A.;
C y C Group S.A.;
Exportaciones Meyer S.A.;
Exportadora Pentagro S.A.;
Francisco Nancuvilu Punsin;
Frigorifico Ditzler Ltda.;
Frutas de Guaico S.A.;
Fruticola Viconto S.A.;
Hassler Monckeberg S.A.;
Hortifrut S.A.;
Interagro Comercio Y Ganado S.A.;
Kugar Export Ltda.;
Maria Teresa Ubilla Alarcon;
Multifrigo Valparaiso S.A;
Nevada Export S.A.;
Prima Agrotrading Ltda.;
Procesadora y Exportadora de Frutas y Vegetales;
Rio Teno S.A.;
Sociedad Agricola Valle del Laja Ltda.;
Sociedad Exportaciones Antiquina Ltda.;
Sociedad San Ernesto Ltda.;
Terra Natur S.A.;
Terrazas Export S.A.;
Valles Andinos S.A.


[[Page 2331]]


    Concerning Valles Andinos' objection to the petitioners' request to 
withdraw the review with respect to Valles Andinos, we note that Valles 
Andinos did not itself request an administrative review. Rather, the 
review was requested solely by the petitioners. Therefore, because the 
petitioners requested a review of Valles Andinos and subsequently 
withdrew that request in a timely fashion, we are rescinding the 
administrative review with respect to Valles Andinos, as indicated 
above.
    The following companies remain respondents in this administrative 
review: Olmue, SANCO, Vital Berry, and Uren Chile.

Assessment

    The Department will instruct U.S. Customs and Border Protection 
(``CBP'') to assess antidumping duties on all appropriate entries. For 
those companies for which this review is rescinded, antidumping duties 
shall be assessed at rates equal to the cash deposit of estimated 
antidumping duties required at the time of entry, or withdrawal from 
warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(I).
    The Department will issue appropriate assessment instructions 
directly to the CBP within 15 days of publication of this notice.

Cash Deposit Rates

    For the companies for which this review is rescinded, the cash 
deposit rate will continue to be 6.33 percent, the ``all others'' rate 
established in the less-than-fair-value investigation. See Notice of 
Amended Final Determination of Sales at Less Than Fair Value: IQF Red 
Raspberries From Chile, 67 FR 40270 (June 12, 2002).
    These cash deposit requirements shall remain in effect until 
publication of the final results of the next administrative review.

Notification to Importers

    This notice serves as a 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 a reminder to parties subject to 
administrative protective orders (``APOs'') 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.
    This notice is issued and published in accordance with section 
777(i) of the Tariff Act of 1930, as amended and 19 CFR 351.213(d)(4).

    Dated: January 9, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 04-906 Filed 1-14-04; 8:45 am]
BILLING CODE 3510-DS-P