[Federal Register Volume 75, Number 219 (Monday, November 15, 2010)]
[Notices]
[Pages 69628-69629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28678]


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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: Final Results of Sunset Review and Revocation of Order

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

SUMMARY: On October 1, 2010, the Department of Commerce 
(``Department'') initiated the sunset review of the antidumping duty 
order on non-frozen apple juice concentrate from the People's Republic 
of China (``PRC''). Because the domestic interested parties did not 
participate in this sunset review, the Department is revoking this 
antidumping duty order.

FOR FURTHER INFORMATION CONTACT: Emeka Chukwudebe, AD/CVD Operations, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-0219.

SUPPLEMENTARY INFORMATION:

Background

    On June 5, 2000, the Department issued an antidumping duty order on 
certain non-frozen apple juice concentrate from the PRC. See Notice of 
Amended Final Determination of Sales at Less Than Fair Value and 
Antidumping Duty Order: Certain Non-Frozen Apple Juice Concentrate From 
the People's Republic of China, 65 FR 35606 (June 5, 2000). On November 
2, 2005, the Department published its most recent continuation of the 
order. See Notice of Continuation of Antidumping Duty Order on Certain 
Non-Frozen Apple Juice Concentrate from the People's Republic of China, 
70 FR 66349 (November 2, 2005) (``Notice of Continuation''). On October 
1, 2010, the Department initiated a sunset review of this order. See 
Initiation of Five-Year (``Sunset'') Review, 75 FR 60731 (October 1, 
2010).
    We did not receive a notice of intent to participate from domestic 
interested parties in this sunset review by the deadline date. As a 
result, in accordance with 19 CFR 351.218(d)(1)(iii)(A), the Department 
determined that no domestic interested party intends to participate in 
the sunset review, and on October 21, 2010, we notified the 
International Trade Commission, in writing, that we intended to issue a 
final determination revoking this

[[Page 69629]]

antidumping duty order. See 19 CFR 351.218(d)(1)(iii)(B)(2).

Scope of the Order

    The product covered by this order is certain non-frozen apple juice 
concentrate. Apple juice concentrate 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 classified 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.

Determination To Revoke

    Pursuant to section 751(c)(3)(A) of the Tariff Act of 1930, as 
amended (``the Act'') and 19 CFR 351.218(d)(1)(iii)(B)(3), if no 
domestic interested party files a notice of intent to participate, the 
Department shall, within 90 days after the initiation of the review, 
issue a final determination revoking the order. Because the domestic 
interested parties did not file a notice of intent to participate in 
this sunset review, the Department finds that no domestic interested 
party is participating in this sunset review. Therefore, consistent 
with 19 CFR 351.222(i)(1)(i) and section 751(c)(3)(A) of the Act, we 
are revoking this antidumping duty order. Furthermore, although 19 CFR 
351.222(i)(1)(i) identifies the fifth anniversary of the publication of 
the order as the effective date, in Parkdale v. United States, the 
Court of International Trade (``CIT'') clarified that the Department's 
determination of the effective date of revocation is a discretionary, 
not a ministerial act. See Parkdale International Ltd. v. U.S., 581 
F.Supp.2d 1334 (``Parkdale v. United States'') (CIT 2008). Therefore, 
the effective date of revocation of this antidumping duty order is 
November 2, 2010, the fifth anniversary of the date of publication in 
the Federal Register of the most recent notice of continuation of this 
antidumping duty order. See Notice of Continuation.

Effective Date of Revocation

    Pursuant to section 751(c)(3)(A) of the Act and 19 CFR 
351.222(i)(2)(i), the Department intends to issue instructions to U.S. 
Customs and Border Protection, 15 days after publication of this 
notice, to terminate the suspension of liquidation of the merchandise 
subject to this order entered, or withdrawn from warehouse, on or after 
November 2, 2010. Entries of subject merchandise prior to the effective 
date of revocation will continue to be subject to suspension of 
liquidation and antidumping duty deposit requirements. The Department 
will complete any pending administrative reviews of this order and will 
conduct administrative reviews of subject merchandise entered prior to 
the effective date of revocation in response to appropriately filed 
requests of review.
    This five-year (``sunset'') review and notice are published in 
accordance with sections 751(c) and 777(i)(1) of the Act.

    Dated: November 8, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-28678 Filed 11-12-10; 8:45 am]
BILLING CODE 3510-DS-P