[Federal Register Volume 75, Number 248 (Tuesday, December 28, 2010)]
[Notices]
[Pages 81564-81565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32675]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-855]


Certain Non-Frozen Apple Juice Concentrate From the People's 
Republic of China: Final Results of the New Shipper Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') is conducting a 
new shipper review (``NSR'') of the antidumping duty order covering 
certain non-frozen apple juice concentrate from the People's Republic 
of China. 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). This is a new shipper review of Lingbao Xinyuan Fruit 
Industry Co., Ltd. (``LXFI''). Based upon our analysis of the comments 
and information received, we made changes to the dumping margin 
calculation for the final results. The final dumping margin is listed 
below in the section entitled ``Final Results of the Review.''


DATES: Effective Date: December 28, 2010.

FOR FURTHER INFORMATION CONTACT: Alexis Polovina, AD/CVD Operations, 
Office 9, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington DC 20230; telephone: (202) 482-3927.

SUPPLEMENTARY INFORMATION:

Case History

    On August 5, 2010, the Department issued the preliminary results of 
the NSR for the period June 1, 2009, through January 20, 2010. See 
Certain Non-Frozen Apple Juice Concentrate from the People's Republic 
of China: Notice of Preliminary Results of the New Shipper Review, 75 
FR 47270 (August 5, 2010) (``Preliminary Results'').
    On September 7, 2010, LXFI submitted its case brief. No other party 
submitted case briefs.
    On October 4, 2010, the Department extended the deadline for the 
final results in the instant review by 60 days. See Non-Frozen Apple 
Juice Concentrate from the People's Republic of China: Extension of 
Time Limit for the Final Results of the New Shipper Antidumping Duty 
Review, 75 FR 61127 (October 4, 2010).
    On October 19, 2010, the Department, as a result of the recent 
decision issued by the Court of Appeals for the Federal Circuit's 
ruling in Dorbest Limited et al. v. United States, 604 F.3d 1363 (Fed. 
Cir. 2010), placed a memorandum on the record regarding its 
reconsideration of its valuation of the labor wage rate for this 
review. The Department gave interested parties until November 8, 2010 
to comment on the proposed labor wage rate methodology. See Memorandum 
to the File, through James C. Doyle, Director, Alex Villanueva, Program 
Manager, from Alexis Polovina, Case Analyst, regarding New Shipper 
Review of the Antidumping Duty Order on Non-Frozen Apple Juice 
Concentrate from the People's Republic of China: Industry-Specific Wage 
Rate Selection (October 19, 2010).
    On November 5, 2010, LXFI submitted comments on the wage rate 
methodology. No other party submitted comments.

Scope of the Order

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

[[Page 81565]]

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 the 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 the 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.

Analysis of Comments Received

    All issues raised in the case brief by LXFI to this proceeding and 
to which we have responded are listed in the Appendix to this notice 
and addressed in the Issues and Decision Memorandum (``Final I&D 
Memo''), which is hereby adopted by this notice. Parties can find a 
complete discussion of the issues raised in this NSR and the 
corresponding recommendations in this public memorandum, which is on 
file in the Central Records Unit, room 7046, of the main Department of 
Commerce building. In addition, a copy of the Final I&D Memo can be 
accessed directly on our Web site at http://ia.ita.doc.gov/. The paper 
copy and electronic version of the Final I&D Memo are identical in 
content.

Changes Since The Preliminary Results

    Based on a review of the record as well as comments received from 
parties regarding our Preliminary Results, we have made revisions to 
the margin calculation for LXFI in the final results. For all changes 
to the calculations, see the Final I&D Memo and company specific 
analysis memoranda.

Final Results of the Review

    The weighted-average dumping margins for the period of review are 
as follows:

               Certain Non-Frozen Apple juice from the PRC
------------------------------------------------------------------------
                                               Weighted-Average Margin
           Manufacturer/Exporter                      (Percent)
------------------------------------------------------------------------
LXFI......................................  0.00.
------------------------------------------------------------------------

Assessment

    The Department will determine, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries, pursuant to 19 CFR 351.212(b). We have calculated 
importer-specific duty assessment rates on a weighted-average basis. We 
will instruct CBP to assess antidumping duties on all appropriate 
entries covered by this review if any importer-specific assessment rate 
calculated in the final results of this NSR is above de minimis. The 
Department intends to issue appropriate assessment instructions 
directly to CBP 15 days after publication of the final results of this 
NSR.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this NSR for all shipments of 
subject merchandise by LXFI, entered, or withdrawn from warehouse, for 
consumption on or after the publication date, as provided by section 
751(a)(2)(C) of the Tariff Act of 1930, as amended (``Act''): (1) For 
subject merchandise produced and exported by LXFI, the cash deposit 
rate will be the rate established in the final results of this NSR; (2) 
for subject merchandise exported by LXFI but not manufactured by LXFI, 
the cash deposit rate will continue to be the PRC-wide rate (i.e., 
51.74 percent); and (3) for subject merchandise manufactured by LXFI, 
but exported by any other party, the cash deposit rate will be the rate 
applicable to the exporter. These cash deposit requirements will remain 
in effect until further notice.

Reimbursement of Duties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this period of review. Failure to comply with 
this requirement could result in the Department's presumption that 
reimbursement of antidumping duties has occurred and the subsequent 
assessment of double antidumping duties.

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective order (``APO'') 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.
    We are issuing and publishing these results in accordance with 
sections 751(a)(2)(B) and 777(i) of the Act, and 19 CFR 351.214(h) and 
351.221(b)(5).

    Dated: December 17, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.

Appendix I--Decision Memorandum

    Comment 1: Surrogate Values
    A. Water
    B. Containerization
    C. Labor
    Comment 2: By-Product Offset

[FR Doc. 2010-32675 Filed 12-27-10; 8:45 am]
BILLING CODE 3510-DS-P