[Federal Register Volume 69, Number 242 (Friday, December 17, 2004)]
[Notices]
[Pages 75511-75513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-3715]


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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.
SUMMARY: In response to requests from interested parties, the 
Department of Commerce is conducting an administrative review of the 
antidumping duty order on individually

[[Page 75512]]

quick frozen red raspberries from Chile. This review covers sales of 
individually quick frozen red raspberries to the United States during 
the period July 1, 2003 through June 30, 2004. Based on the withdrawal 
of requests for review with respect to certain companies, we are 
rescinding, in part, the second administrative review.

EFFECTIVE DATE: December 17, 2004.

FOR FURTHER INFORMATION CONTACT: Yasmin Bordas, AD/CVD Operations, 
Office 1, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W., 
Washington D.C. 20230; telephone (202) 482-3813.

SUPPLEMENTARY INFORMATION:

Background

    On July 1, 2004, the Department of Commerce (``the Department'') 
published in the Federal Register the Notice of Antidumping or 
Countervailing Duty Order, Finding, or Suspended Investigation; 
Opportunity to Request Administrative Review, 69 FR 39903 (July 1, 
2004), for the above-cited segment of this antidumping duty proceeding. 
We received a timely filed request for review for 52 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''); Valles Andinos, S.A. (``Valles Andinos''); Vital Berry 
Marketing, S.A. (``Vital Berry''); and Alimentos y Frutos and its 
affiliate, Vita Food, S.A. (collectively, ``Alifrut'').\1\
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    \1\ These five companies were included in the petitioners' 
request for review for 52 companies.
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    On August 30, 2004, the Department published in the Federal 
Register the Notice of Initiation of Antidumping and Countervailing 
Duty Administrative Reviews and Requests for Revocation in Part, 69 FR 
52857 (August 30, 2004), initiating this review for all 52 companies. 
On November 17, 2004, Alifrut timely withdrew its request for review. 
See 19 CFR 351.213(d)(1). On November 29, 2004, we received a 
submission from the petitioners withdrawing their request for review 
for all of the companies for which they had requested an administrative 
review. On December 1, 2004, the petitioners submitted a revised 
request to correct a typographical error made in the November 29, 2004, 
request. On December 7, 2004, Valles Andinos withdrew its request for 
review.

Partial Rescission of Antidumping Administrative Review

    Alifrut filed its withdrawal request within the deadline 
established by the Department. The withdrawal requests made by the 
petitioners and Valles Andinos were submitted to the Department after 
the withdrawal deadline of November 28, 2004. However, 19 CFR 
351.213(d)(1) permits the Department to extend the deadline for 
withdrawal requests if ``it is reasonable to do so.'' Because we have 
not received objections to any of the withdrawal requests, the 
Department has accepted these requests. Therefore, we are rescinding 
the above-cited administrative review with respect to the following 
companies in accordance with 19 CFR 351.213(d)(1):
Agricola Nova, Ltda.
Agrocomercial Las
    Tinajas, Ltda.
Agrofruta Chilena, 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.
Uren Chile, S.A.
Valles Andinos, S.A.
    The following companies remain respondents in this administrative 
review based on their original individual requests for review: Olmue, 
SANCO, and Vital Berry. We intend to issue our preliminary results in 
this administrative review for Olmue, SANCO, and Vital Berry by April 
2, 2005.

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 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.

[[Page 75513]]

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: December 13, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. E4-3715 Filed 12-16-04; 8:45 am]
BILLING CODE 3510-DS-S