[Federal Register Volume 70, Number 211 (Wednesday, November 2, 2005)]
[Notices]
[Page 66349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21865]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-855]


Notice of Continuation of Antidumping Duty Order on Certain Non-
Frozen Apple Juice Concentrate from the People's Republic of China

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

EFFECTIVE DATE: November 2, 2005.

FOR FURTHER INFORMATION CONTACT: Maureen Flannery at (202) 482-3020 or 
Frances Veith at (202) 482-4295, AD/CVD Operations, International Trade 
Administration, U.S. Department of Commerce, 14\th\ Street and 
Constitution Avenue, NW, Washington, DC, 20230.
SUMMARY: The U.S. Department of Commerce (Department), pursuant to 
section 751(c) of the Tariff Act of 1930, as amended (the Act), has 
determined that revocation of the antidumping duty order on certain 
non-frozen apple juice concentrate (NFAJC) from the People's Republic 
of China (PRC) would likely lead to continuation or recurrence of 
dumping. On October 21, 2005, the International Trade Commission (ITC), 
pursuant to section 751(c) of the Act, determined that revocation of 
the antidumping duty order on certain NFAJC from the PRC would likely 
lead to continuation or recurrence of material injury to an industry in 
the United States within a reasonably foreseeable time. Therefore, 
pursuant to 19 CFR 351.218(f)(4), the Department is publishing notice 
of the continuation of the antidumping duty order on certain NFAJC from 
the PRC.

SUPPLEMENTARY INFORMATION:

Background

    On May 2, 2005, the Department initiated, and the ITC instituted, a 
sunset review of the antidumping duty order on certain NFAJC from the 
PRC, pursuant to section 751(c) of the Act. See Initiation of Five-year 
(Sunset) Reviews, 70 FR 22632 (May 2, 2005) and Non-Frozen Concentrate 
Apple Juice from China, 70 FR 22694 (May 2, 2005). As a result of its 
review, the Department found that revocation of the antidumping duty 
order would likely lead to continuation or recurrence of dumping and 
notified the ITC of the magnitude of the margins likely to prevail were 
the order revoked. See 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, 70 FR 53339 (September 8, 
2005). On October 21, 2005, the ITC determined, pursuant to section 
751(c) of the Act, that revocation of the antidumping duty order on 
certain NFAJC would likely lead to continuation or recurrence of 
material injury to an industry in the United States within a reasonably 
foreseeable time. See Non-Frozen Concentrated Apple Juice from China, 
70 FR 61309 (October 21, 2005).

Scope of the Order

    The product covered by this antidumping order is certain 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 on or 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.

Determination

    As a result of the determinations by the Department and the ITC 
that revocation of this antidumping duty order would be likely to lead 
to continuation or recurrence of dumping and material injury to an 
industry in the United States, pursuant to section 751(d)(2) of the 
Act, the Department hereby orders the continuation of the antidumping 
duty order on certain NFAJC from the PRC. U.S. Customs and Border 
Protection will continue to collect antidumping duty deposits at the 
rates in effect at the time of entry for all imports of subject 
merchandise. The effective date of continuation of this order is the 
date of publication of the Federal Register of this Notice of 
Continuation in accordance with 19 CFR 351.218(f)(4). Pursuant to 
sections 751(c)(2) and 751(c)(6) of the Act, the Department intends to 
initiate the next five-year review of this order not later than October 
2010.
    We are issuing and publishing the results and notice in accordance 
with sections 751(c) and 752, and 777(i)(1) of the Act.

    Dated: October 27, 2005.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 05-21865 Filed 11-1-05; 8:45 am]
BILLING CODE 3510-DS-S