[Federal Register Volume 70, Number 173 (Thursday, September 8, 2005)]
[Notices]
[Pages 53339-53340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-4894]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-570-855


Non-Frozen Apple Juice Concentrate from the People's Republic of 
China (PRC); Notice of Final Results of Expedited Sunset Review of 
Antidumping Duty Order

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

EFFECTIVE DATE: September 8, 2005.

FOR FURTHER INFORMATION CONTACT: Frances M. Veith at (202) 482-4295, 
AD/CVD Operations, Office 8, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230.
SUMMARY: On May 2, 2005, the Department of Commerce (the Department) 
initiated a sunset review of the antidumping duty order on Non-Frozen 
Apple Juice Concentrate from the PRC pursuant to section 751(c) of the 
Tariff Act of 1930, as amended (the Act). See Initiation of Five-year 
(Sunset) Reviews, 70 FR 22632. On the basis of a Notice of Intent to 
Participate, and an adequate substantive response filed on behalf of 
domestic interested parties, as well as a lack of response from 
respondent interested parties, the Department conducted an expedited 
(120-day) sunset review pursuant to section 751(c)(5)(A) of the Act and 
19 CFR 351.218(e)(1)(ii)(c)(2). As a result of the sunset review, the 
Department finds that revocation of the antidumping duty order would be 
likely to lead to continuation or recurrence of dumping. The dumping 
margins are identified in the Final Results of Review section of this 
notice.

SUPPLEMENTARY INFORMATION:

Background

    On May 2, 2005, the Department published the notice of initiation 
of the sunset review of the antidumping duty order on Non-Frozen Apple 
Juice Concentrate from the PRC.\1\ On May 17, 2005, the Department 
received a Notice of Intent to Participate from an interested party, 
the U.S. Apple Association (U.S. Apple) within the deadline specified 
in section 315.218(d)(1)(i) of the Department's regulations. U.S. Apple 
claimed interested party status under section 771(9)(E) of the Act, as 
a trade association representing all segments of the apple industry. On 
June 1, 2005, the Department received a complete substantive response 
from U.S. Apple within the deadline specified in section 
351.218(d)(3)(i) of the Department's regulations. We did not receive 
responses from any respondent interested parties to this proceeding. As 
a result, pursuant to section 751(c)(3)(B) of the Act and section 
351.218(e)(1)(ii)(C)(2) of the Department's regulations, the Department 
determined to conduct an expedited review of the order.
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    \1\ See Initiation of Five-Year (``Sunset'') Reviews, 70 FR 
22632 (May 2, 2005) (Initiation Notice).

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[[Page 53340]]

Scope of the Order

    The product covered by this antidumping 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 currently classifiable 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 these reviews are addressed in the ``Issues 
and Decision Memorandum'' (Decision Memorandum) from Barbara E. 
Tillman, Acting Deputy Assistant Secretary for Import Administration, 
to Joseph A. Spetrini, Acting Assistant Secretary for Import 
Administration, dated August 30, 2005, which is hereby adopted by this 
notice. The issues discussed in the Decision Memorandum include the 
likelihood of continuation or recurrence of dumping and the magnitude 
of the margins likely to prevail if the order was revoked. 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 room B-099 of the main Commerce building.
    In addition, a complete version of the Decision Memorandum can be 
accessed directly on the Web at http://ia.ita.doc.gov/frn/index.html, 
under the heading ``September 2005.'' The paper copy and electronic 
version of the Decision Memorandum are identical in content.

Final Results of Reviews

    We determine that revocation of the antidumping duty orders on 
NFAJC from the PRC would be likely to lead to continuation or 
recurrence of dumping at the following weighted-average percentage 
margins:

------------------------------------------------------------------------
                                                       Weighted-average
          Manufacturers/Exporters/Producers            margin (percent)
------------------------------------------------------------------------
Xian Asia...........................................                3.83
Xian Yang Fuan......................................                3.83
Changsha............................................                3.83
Shandong Foodstuffs.................................                3.83
SAAME...............................................               51.74
Yantai Golden.......................................               51.74
PRC-Wide Rate.......................................               51.74
------------------------------------------------------------------------

    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 of the 
Department's regulations. Timely notification of the return or 
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 the results and notice in accordance 
with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: August 30, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-4894 Filed 9-7-05; 8:45 am]
BILLING CODE 3510-DS-S