[Federal Register Volume 71, Number 238 (Tuesday, December 12, 2006)]
[Notices]
[Pages 74487-74488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-21129]


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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 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, 2005 through 
June 30, 2006. Based on the withdrawal of requests for review with 
respect to certain companies, we are rescinding, in part, the fourth 
administrative review.

EFFECTIVE DATE: December 12, 2006.

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, NW, 
Washington DC 20230; telephone (202) 482-3813.

SUPPLEMENTARY INFORMATION:

Background

    On July 3, 2006, the Department of Commerce (``the Department'') 
published in the Federal Register the Antidumping or Countervailing 
Duty Order, Finding, or Suspended Investigation; Opportunity To Request 
Administrative Review, 71 FR 37890 (July 3, 2006), for the above-cited 
segment of this antidumping duty proceeding. We received a timely filed 
request for review of 60 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 Arlavan S.A. (``Arlavan''); 
Sociedad Agroindustrial Valle Frio Ltda. (``Valle Frio''); Fruticola 
Olmue S.A. (``Olmue''); Santiago Comercio Exterior Sociedad Anonima 
(``SANCO''); Valles Andinos S.A. (``Valles Andinos''); Vital Berry 
Marketing S.A. (``VBM''); and Alimentos Naturales Vitafoods S.A. 
(``Vitafoods'').
    On July 31, 2006, the Department received a request from SANCO to 
defer for one year, with respect to SANCO, the initiation of the July 
1, 2005 through June 30, 2006 administrative review of the antidumping 
duty order on individually quick frozen red raspberries from Chile. The 
Department received no objections to this request from any party cited 
in 19 CFR 351.213(c)(1)(ii). On August 30, 2006, the Department 
published in the Federal Register the Initiation of Antidumping and 
Countervailing Duty Administrative Reviews and Requests for Revocation 
in Part, 71 FR 51573 (Aug. 30, 2006) (``Initiation Notice''), 
initiating this review for all 60 companies. In the Initiation Notice, 
the Department inadvertently included SANCO, despite SANCO's pending, 
unopposed request for deferral. Therefore, on November 21, 2006, the 
Department corrected the Initiation Notice and granted SANCO's deferral 
request. See Certain Individually Quick Frozen Red Raspberries from 
Chile: Correction to Notice of Initiation of Antidumping and 
Countervailing Duty Administrative Reviews and Requests for Revocation 
in Part, 71 FR 70363 (Dec. 4, 2006).
    On November 28, 2006, we received a submission from the petitioners 
withdrawing their requests for review for all of the companies for 
which they had requested an administrative review, except for the 
following companies: Arlavan, Valle Frio, Olmue, Valles Andinos, VBM, 
SANCO, and Vitafoods.

Partial Rescission of Antidumping Administrative Review

    The petitioners filed their withdrawal request within the deadline 
established by the Department's regulations. 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.
    Agricola San Antonio
    Agrocomercial Las Tinajas Ltda.
    Agrofruta Chilena Ltda.
    Agrofruticola Pehuenche S.A.
    Agroindustria Framberry Ltda.
    Agroindustria Frisac Ltda.
    Agroindustria Frutos del Maipo Ltda.
    Agroindustria Merco Trading Ltda.
    Agroindustria Niquen Ltda.
    Agroindustria Sagrada Familia Ltda.
    Agroindustria San Francisco Ltda.
    Agroindustria y Frigorifico M y M Ltda.
    Agroindustrial del Maule
    Agross S.A.
    Alimentos Prometeo Ltda.
    Alimentos y Frutos S.A.
    Andesur S.A.
    Angloeuro Comercio Exterior S.A.
    Armijo Carrasco, Claudio del Carmen
    Bajo Cero S.A.
    C y C Group 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.
    Exportaciones Meyer S.A.
    Exportadora Fragaria Ltda.
    Exportadora Pentagro S.A.
    Exportadora South Berries Ltda.
    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. (Kulenkampff & Gardeweg Ltda.)
    Maria Teresa Ubilla Alarcon
    Multifrigo Valparaiso S.A.
    Nevada Export S.A.
    Prima Agrotrading Ltda.
    Procesadora y Exportadora de Frutas y Vegetales Ltda.
    Rio Teno S.A.
    Sociedad Agricola Valle del Laja Ltda.
    Sociedad Comercial C y C, S.A.
    Sociedad Exportaciones Antiquina Ltda.
    Sociedad San Ernesto Ltda.
    Surfrut
    Terra Natur S.A.

[[Page 74488]]

    Terrazas Export S.A.
    The following companies remain subject to this administrative 
review: Olmue, VBM, Valles Andinos, Vitafoods, Arlavan and Valle Frio. 
As discussed in the Background section, above, we have deferred for one 
year an administrative review for 2005-2006 with respect to SANCO. We 
intend to issue our preliminary results in this administrative review 
for Olmue, VBM, Valles Andinos, Vitafoods, Arlavan, and Valle Frio by 
April 2, 2007.

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 this 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: December 6, 2006.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E6-21129 Filed 12-11-06; 8:45 am]
BILLING CODE 3510-DS-S