[Federal Register Volume 70, Number 234 (Wednesday, December 7, 2005)]
[Notices]
[Pages 72788-72789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23737]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-337-806


Individually Quick Frozen Red Raspberries from Chile: Notice of 
Final Results of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On July 29, 2005, the Department of Commerce published the 
preliminary results of the administrative review of the antidumping 
duty order on individually quick frozen red raspberries from Chile. The 
period of review is July 1, 2003, through June 30, 2004. This review 
covers sales of individually quick frozen red raspberries with respect 
to Fruticola Olmue, S.A.; Santiago Comercio Exterior Exportaciones 
Limitada; and Vital Berry Marketing, S.A. We provided interested 
parties with an opportunity to comment on the preliminary results of 
this review, but received no comments. The final results do not differ 
from the preliminary results of this review. We will instruct the U.S. 
Customs and Border Protection to assess importer-specific antidumping 
duties on the subject merchandise exported by these companies.

EFFECTIVE DATE: December 7, 2005.

FOR FURTHER INFORMATION CONTACT: Yasmin Bordas, Cole Kyle, or Scott 
Holland, AD/CVD Operations, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
3813, (202) 482-1503, or (202) 482-1279, respectively.

SUPPLEMENTARY INFORMATION:

Background

    Since the publication of the preliminary results of this review 
(see Notice of Preliminary Results of Antidumping Duty Administrative 
Review: Individually Quick Frozen Red Raspberries from Chile, 70 FR 
44889 (August 4, 2005) (``Preliminary Results'')), the following events 
have occurred: The Department of Commerce (``the Department'') invited 
interested parties to comment on the preliminary results of this 
review. No comments were received.

Scope of the Order

    The products covered by this order are imports of individually 
quick frozen (``IQF'') whole or broken red raspberries from Chile, with 
or without the addition of sugar or syrup, regardless of variety, 
grade, size or horticulture method (e.g., organic or not), the size of 
the container in which packed, or the method of packing. The scope of 
the order excludes fresh red raspberries and block frozen red 
raspberries (i.e., puree, straight pack, juice stock, and juice 
concentrate).
    The merchandise subject to this order is currently classifiable 
under subheading 0811.20.2020 of the Harmonized Tariff Schedule of the 
United States (``HTSUS''). Although the HTSUS subheading is provided 
for convenience and customs purposes, the written description of the 
merchandise under the order is dispositive.

Period of Review

    The period of review (``POR'') is July 1, 2003, through June 30, 
2004.

Final Results of the Review

    These final results remain unchanged from the Preliminary Results. 
We provided an opportunity for parties to comment on our preliminary 
results and received no comments. Therefore, we find that the following 
percentage weighted-average margins exist for the period July 1, 2003, 
through June 30, 2004:

------------------------------------------------------------------------
                                                       Weighted-average
                Exporter/manufacturer                  margin percentage
------------------------------------------------------------------------
Fruticola Olmue, S.A................................   0.09 (de minimis)
Santiago Comercio Exterior Exportaciones, Ltda......
Vital Berry, S.A....................................                0.00
------------------------------------------------------------------------

Assessment Rates

    The Department shall determine, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries. In accordance with 19 CFR 351.212 (b)(1), we have 
calculated exporter/importer (or customer)-specific assessment rates 
for merchandise subject to this review. The Department will issue 
appraisement instructions directly to CBP within 15 days of publication 
of these final results of review. We will direct CBP to assess the 
resulting assessment rates against

[[Page 72789]]

the entered customs values for the subject merchandise on each of that 
importer's entries during the POR. For assessment purposes, we will 
calculate importer-specific assessment rates for the subject 
merchandise by aggregating the dumping duties due for all U.S. sales to 
each importer and dividing the amount by the total entered value of the 
sales to that importer during the POR.
    The following cash deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(1) of the Act: (1) the cash deposit rates for the reviewed 
companies will be those established above in the ``Final Results of the 
Review'' section of this notice, except if the rate is less than 0.50 
percent and, therefore, de minimis within the meaning of 19 CFR 
351.106(c)(1), in which case the cash deposit rate will be zero; (2) if 
the exporter is not a firm covered in this review, but was covered in a 
previous review, or the original investigation, the cash deposit rate 
will continue to be the company-specific rate published for the most 
recent period; (3) if the exporter is not a firm covered in this 
review, a previous review, or the original investigation, but the 
manufacturer is, the cash deposit rate will be the rate established for 
the most recent period for the manufacturer of the merchandise; and (4) 
the cash deposit rate for all other manufacturers and/or exporters 
shall continue to be 6.33 percent, the ``all others'' rate made 
effective by the less-than-fair-value investigation. See 67 FR 45460 
(July 9, 2002).
    These requirements, when imposed, shall remain in effect until 
publication of the final results of the next administrative review.

Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 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 double antidumping duties.

Notification Regarding APOs

    This notice also serves as the only reminder to parties subject to 
the administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3), which continues to govern 
business proprietary information in this segment of the proceeding. 
Timely written notification of return/destruction of APO material or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulation and the terms of an APO is a sanctionable 
violation.
    This administrative review and notice are published in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 
351.221(b)(5).

    Dated: December 1, 2005.
Stephen Claeys,
Acting Assistant Secretary for Import Administration.
[FR Doc. 05-23737 Filed 12-6-05; 8:45 am]
BILLING CODE 3510-DS-S