[Federal Register Volume 73, Number 236 (Monday, December 8, 2008)]
[Notices]
[Pages 74459-74460]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-28974]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-337-806


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

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On August 4, 2008, 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, 2006, through June 30, 2007. This review 
covers sales of individually quick frozen red raspberries with respect 
to Sociedad Agroindustrial Valle Frio Ltda (``Valle Frio''). 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.

EFFECTIVE DATE: December 8, 2008.

FOR FURTHER INFORMATION CONTACT: Yasmin Nair, Alexander Montoro, or 
Nancy Decker, 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) 482-0238, or (202) 482-0196, respectively.

SUPPLEMENTARY INFORMATION:

Background

    In the preliminary results of this review (see Notice of 
Preliminary Results of Antidumping Duty Administrative Review: Certain 
Individually Quick Frozen Red Raspberries from Chile, 73 FR 45212 
(August 4, 2008) (``Preliminary Results'')), the Department of Commerce 
(``the Department'') invited interested

[[Page 74460]]

parties to comment on the Preliminary Results. On August 20, 2008, we 
extended the deadline for parties to submit comments on the Preliminary 
Results until October 14, 2008, and we extended the deadline for 
parties to submit rebuttal comments until October 20, 2008. See 
Memorandum from Yasmin Nair to File: ``Fifth Administrative Review of 
Certain Individually Quick Frozen Red Raspberries from Chile, Briefing 
and Hearing Schedules,'' dated August 20, 2008. No comments were 
received. In the Preliminary Results, we noted that we continued to 
have outstanding issues with Valle Frio's responses and that we needed 
to ask for further information. On August 28, 2008, we issued a 
supplemental questionnaire to Valle Frio. We received Valle Frio's 
response on September 11, 2008, which resolved the outstanding issues 
from the Preliminary Results related to this respondent. We note that 
the information submitted by Valle Frio did not result in any changes 
to the Preliminary Results.

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, 2006, through June 30, 
2007.

Final Results of the Review

    These final results remain unchanged from the Preliminary Results. 
Therefore, as a result of our review, we determine that the following 
percentage weighted-average margin exists for the period July 1, 2006, 
through June 30, 2007:

------------------------------------------------------------------------
                                                       Weighted-average
                Exporter/manufacturer                  margin percentage
------------------------------------------------------------------------
Sociedad Agroindustrial Valle Frio Ltda./Agricola      0.28 (de minimis)
 Framparque.........................................
------------------------------------------------------------------------

Assessment Rates

    The Department shall determine, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries. Pursuant to 19 CFR 351.212(b)(1), we have 
calculated importer-specific assessment rates. Because Valle Frio did 
not report the entered value for its U.S. sales, we have calculated 
importer-specific assessment rates for the merchandise in question by 
aggregating the dumping margins calculated for all U.S. sales to each 
importer and dividing this amount by the total quantity of those sales.
    To determine whether the duty assessment rates were de minimis, in 
accordance with the requirement set forth in 19 CFR 351.106(c)(2), we 
calculated importer-specific ad valorem rates based on the estimated 
entered value. Where the assessment rate is above de minimis, we will 
instruct CBP to assess duties on all entries of subject merchandise by 
that importer. Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP 
to liquidate without regard to antidumping duties any entries for which 
the assessment rate is de minimis (i.e., less than 0.50 percent).
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). This 
clarification will apply to entries of subject merchandise during the 
POR produced by the respondent for which it did not know its 
merchandise was destined for the United States. In such instances, we 
will instruct CBP to liquidate unreviewed entries at the all-others 
rate of 6.33 percent\1\ if there is no rate for the intermediate 
company(ies) involved in the transaction. For a full discussion of this 
clarification, see Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). The 
Department intends to issue appropriate assessment instructions to CBP 
15 days after publication of the final results of review.
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    \1\ The ``all others'' rate was established in Notice of Amended 
Final Determination of Sales at Less Than Fair Value: IQF Red 
Raspberries from Chile, 67 FR 40270, 40271 (June 12, 2002).
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Cash Deposit Requirement

    On July 20, 2007, the Department published a Federal Register 
notice that, inter alia, revoked this order, effective July 9, 2007. 
See IQF Red Raspberries from Chile: Final Results of Sunset Review and 
Revocation of Order, 72 FR 39793 (July 20, 2007). As a result, CBP is 
no longer suspending liquidation for entries of subject merchandise 
occurring on or after July 9, 2007. Therefore, there is no need to 
issue new cash deposit instructions pursuant to the final results of 
this administrative review.

Notification to Importers

    This notice serves as a final 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 Department'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, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-28974 Filed 12-5-08; 8:45 am]
BILLING CODE 3510-DS-S