Non-Frozen Apple Juice Concentrate from the People's Republic of China (PRC); Notice of Final Results of Expedited Sunset Review of Antidumping Duty Order, 53339-53340 [E5-4894]

Download as PDF Federal Register / Vol. 70, No. 173 / Thursday, September 8, 2005 / Notices companies not covered in this review, 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 prior review, or the original less than fair value (LTFV) investigation,5 but the manufacturer is, the cash deposit rate will be the rate established in the most recent period for the manufacturer of the merchandise; and, (4) if neither the exporter nor the manufacturer is a firm covered in this or any previous review conducted by the Department, the cash deposit rate will be the ‘‘all others’’ rate described in the final results of this review. We note that all subject merchandise produced by MS Galati will be subject to MS Galati’s cash deposit rate as established in the final results, whether or not that merchandise was exported by MEI. These deposit requirements, when imposed, shall remain in effect until publication of the final results of the next administrative review. We note that the cash deposit rate established in the final results of this review will be applied prospectively to cover future entries. Schedule for Final Results of Review The Department will disclose calculations performed in connection with the preliminary results of this review within five days of the date of publication of this notice in accordance with § 351.224(b) of the Department’s regulations. Case briefs for this review must be submitted to the Department no later than fourteen days after the date of the final cost verification report issued in this proceeding. Rebuttal briefs must be filed seven days from the deadline date for case briefs. Parties submitting arguments in this proceeding are requested to submit with the argument: (1) A statement of the issue, (2) a brief summary of the argument, and (3) a table of authorities. Case and rebuttal briefs and comments must be served on interested parties in accordance with § 351.303(f) of the Department’s regulations. Any interested party may request a hearing within 30 days of publication of this notice in accordance with section 351.310(c) of the Department’s regulations. Unless otherwise specified, the hearing, if requested, will be held two days after the date for submission of rebuttal briefs, or the first business day thereafter. Individuals who wish to request a hearing must submit a written request within 30 days of the 5 See Final Determination of Sales at Less Than Fair Value: Certain Cut-to-Length Carbon Steel Plate from Romania, 58 FR 37209 (July 9, 1993). VerDate Aug<18>2005 15:25 Sep 07, 2005 Jkt 205001 publication of this notice in the Federal Register to the Assistant Secretary for Import Administration, U.S. Department of Commerce, Room 1870, 14th Street and Constitution Avenue, NW., Washington, DC 20230. Requests for a public hearing should contain: (1) The party’s name, address, and telephone number; (2) the number of participants; and (3) to the extent practicable, an identification of the arguments to be raised at the hearing. If a hearing is held, an interested party may make an affirmative presentation only on arguments included in that party’s case brief and may make a rebuttal presentation only on arguments included in that party’s rebuttal brief. Parties should confirm by telephone the time, date, and place of the hearing within 48 hours before the scheduled time. The Department will issue the final results of this review, which will include the results of its analysis of issues raised in the briefs, not later than 120 days after the date of publication of this notice. Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under § 351.402(f) of the Department’s regulations to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during these review periods. 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. This administrative review and this notice are published in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: August 31, 2005. Barbara E. Tillman, Acting Assistant Secretary for Import Administration. [FR Doc. E5–4889 Filed 9–7–05; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration A–570–855 Non-Frozen Apple Juice Concentrate from the People’s Republic of China (PRC); Notice of Final Results of Expedited Sunset Review of Antidumping Duty Order Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: 53339 September 8, 2005. FOR FURTHER INFORMATION CONTACT: Frances M. Veith at (202) 482–4295, AD/CVD Operations, Office 8, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230. SUMMARY: On May 2, 2005, the Department of Commerce (the Department) initiated a sunset review of the antidumping duty order on NonFrozen Apple Juice Concentrate from the PRC pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). See Initiation of Five-year (Sunset) Reviews, 70 FR 22632. On the basis of a Notice of Intent to Participate, and an adequate substantive response filed on behalf of domestic interested parties, as well as a lack of response from respondent interested parties, the Department conducted an expedited (120-day) sunset review pursuant to section 751(c)(5)(A) of the Act and 19 CFR 351.218(e)(1)(ii)(c)(2). As a result of the sunset review, the Department finds that revocation of the antidumping duty order would be likely to lead to continuation or recurrence of dumping. The dumping margins are identified in the Final Results of Review section of this notice. SUPPLEMENTARY INFORMATION: Background On May 2, 2005, the Department published the notice of initiation of the sunset review of the antidumping duty order on Non-Frozen Apple Juice Concentrate from the PRC.1 On May 17, 2005, the Department received a Notice of Intent to Participate from an interested party, the U.S. Apple Association (U.S. Apple) within the deadline specified in section 315.218(d)(1)(i) of the Department’s regulations. U.S. Apple claimed interested party status under section 771(9)(E) of the Act, as a trade association representing all segments of the apple industry. On June 1, 2005, the Department received a complete substantive response from U.S. Apple within the deadline specified in section 351.218(d)(3)(i) of the Department’s regulations. We did not receive responses from any respondent interested parties to this proceeding. As a result, pursuant to section 751(c)(3)(B) of the Act and section 351.218(e)(1)(ii)(C)(2) of the Department’s regulations, the Department determined to conduct an expedited review of the order. AGENCY: PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 1 See Initiation of Five-Year (‘‘Sunset’’) Reviews, 70 FR 22632 (May 2, 2005) (Initiation Notice). E:\FR\FM\08SEN1.SGM 08SEN1 53340 Federal Register / Vol. 70, No. 173 / Thursday, September 8, 2005 / Notices Scope of the Order The product covered by this antidumping order is certain non-frozen apple juice concentrate (NFAJC). Certain NFAJC 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 currently classifiable 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 these reviews are addressed in the ‘‘Issues and Decision Memorandum’’ (Decision Memorandum) from Barbara E. Tillman, Acting Deputy Assistant Secretary for Import Administration, to Joseph A. Spetrini, Acting Assistant Secretary for Import Administration, dated August 30, 2005, which is hereby adopted by this notice. The issues discussed in the Decision Memorandum include the likelihood of continuation or recurrence of dumping and the magnitude of the margins likely to prevail if the order was revoked. Parties can find a complete discussion of all issues raised in this review and the corresponding recommendations in this public memorandum which is on file in room B–099 of the main Commerce building. In addition, a complete version of the Decision Memorandum can be accessed directly on the Web at https:// ia.ita.doc.gov/frn/, under the heading ‘‘September 2005.’’ The paper copy and electronic version of the Decision Memorandum are identical in content. Final Results of Reviews We determine that revocation of the antidumping duty orders on NFAJC from the PRC would be likely to lead to continuation or recurrence of dumping at the following weighted-average percentage margins: VerDate Aug<18>2005 15:25 Sep 07, 2005 Jkt 205001 final results, we will instruct U.S. Customs and Border Protection (‘‘CBP’’) to assess antidumping duties based on Xian Asia ...................... 3.83 the difference between the constructed Xian Yang Fuan ............ 3.83 export price (‘‘CEP’’) and the NV. Changsha ..................... 3.83 Shandong Foodstuffs ... 3.83 EFFECTIVE DATE: September 8, 2005. SAAME ......................... 51.74 FOR FURTHER INFORMATION CONTACT: Yantai Golden ............... 51.74 Scott Lindsay or Nicholas Czajkowski, PRC-Wide Rate ............ 51.74 AD/CVD Operations, Office 6, Import Administration, International Trade This notice also serves as the only Administration, U.S. Department of reminder to parties subject to Commerce, 14th Street and Constitution administrative protective orders (APO) Avenue, NW, Washington, DC 20230, of their responsibility concerning the telephone: (202) 482–0780 or (202) 482– return or destruction of proprietary 1395, respectively. information disclosed under APO in SUPPLEMENTARY INFORMATION: accordance with 19 CFR 351.305 of the BACKGROUND Department’s regulations. Timely notification of the return or destruction On August 11, 1995, the Department of APO materials or conversion to published in the Federal Register an judicial protective order is hereby antidumping duty order on OCTG from requested. Failure to comply with the Korea (60 FR 41058). On August 3, regulations and terms of an APO is a 2004, the Department published a notice violation which is subject to sanction. of an opportunity to request an We are issuing and publishing the administrative review of the results and notice in accordance with antidumping order on OCTG from sections 751(c), 752, and 777(i)(1) of the Korea. See Antidumping or Act. Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity Dated: August 30, 2005. To Request Administrative Review, 69 Joseph A. Spetrini, FR 46496. On August 31, 2004, the Acting Assistant Secretary for Import Department received a properly filed, Administration. timely request for an administrative [FR Doc. E5–4894 Filed 9–7–05; 8:45 am] review from domestic producers, IPSCO BILLING CODE 3510–DS–S Tubulars, Inc., Lone Star Steel Company, and Maverick Tube Corporations (‘‘petitioners’’). On DEPARTMENT OF COMMERCE September 22, 2004, the Department published a notice of initiation for this International Trade Administration antidumping duty administrative [A–580–825] review. See Notice of Initiation of Antidumping and Countervailing Duty Oil Country Tubular Goods, Other Administrative Reviews and Request for Than Drill Pipe, from Korea: Revocation in Part, 69 FR 56745. Preliminary Results of Antidumping On November 12, 2004, the Duty Administrative Review Department issued questionnaires to Husteel and SeAH. Husteel and SeAH AGENCY: Import Administration, submitted Section A1 responses on International Trade Administration, January 5, 2005 and Section B–D U.S. Department of Commerce. responses on January 18, 2005. SeAH SUMMARY: In response to a request filed also submitted a Section E response on by domestic interested parties, the U.S. January 18, 2005. The Department Department of Commerce (‘‘the issued supplemental questionnaires on Department’’) is conducting an February 29, 2005, March 24, 2005, and administrative review under the June 6, 2005. Husteel and SeAH antidumping duty order on oil country tubular goods, other than drill pipe 1 Section A of the questionnaire requests general (‘‘OCTG’’), from Korea. This review a company’s corporate covers the following producers: Husteel information concerningpractices, the merchandise structure and business Co., Ltd. (‘‘Husteel’’) and SeAH Steel under investigation that it sells, and the manner in Corporation (‘‘SeAH’’). The period of which it sells that merchandise in all of its markets. Section B requests a complete listing of all home review (‘‘POR’’) is August 1, 2003, market sales, or, if the home market is not viable, through July 31, 2004. The preliminary of sales in the most appropriate third-country results are listed below in the section market (this section is not applicable to respondents entitled ‘‘Preliminary Results of in non-market economy cases). Section C requests a complete listing of U.S. sales. Section D requests Review.’’ We preliminarily determine information on the cost of production of the foreign that both Husteel and SeAH made sales like product and the constructed value of the below normal value (‘‘NV’’). If these merchandise under investigation. Section E preliminary results are adopted in our requests information on further manufacturing. Manufacturers/Exporters/Producers PO 00000 Frm 00010 Fmt 4703 Weighted-average margin (percent) Sfmt 4703 E:\FR\FM\08SEN1.SGM 08SEN1

Agencies

[Federal Register Volume 70, Number 173 (Thursday, September 8, 2005)]
[Notices]
[Pages 53339-53340]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-4894]


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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 (PRC); Notice of Final Results of Expedited Sunset Review of 
Antidumping Duty Order

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

EFFECTIVE DATE: September 8, 2005.

FOR FURTHER INFORMATION CONTACT: Frances M. Veith at (202) 482-4295, 
AD/CVD Operations, Office 8, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230.
SUMMARY: On May 2, 2005, the Department of Commerce (the Department) 
initiated a sunset review of the antidumping duty order on Non-Frozen 
Apple Juice Concentrate from the PRC pursuant to section 751(c) of the 
Tariff Act of 1930, as amended (the Act). See Initiation of Five-year 
(Sunset) Reviews, 70 FR 22632. On the basis of a Notice of Intent to 
Participate, and an adequate substantive response filed on behalf of 
domestic interested parties, as well as a lack of response from 
respondent interested parties, the Department conducted an expedited 
(120-day) sunset review pursuant to section 751(c)(5)(A) of the Act and 
19 CFR 351.218(e)(1)(ii)(c)(2). As a result of the sunset review, the 
Department finds that revocation of the antidumping duty order would be 
likely to lead to continuation or recurrence of dumping. The dumping 
margins are identified in the Final Results of Review section of this 
notice.

SUPPLEMENTARY INFORMATION:

Background

    On May 2, 2005, the Department published the notice of initiation 
of the sunset review of the antidumping duty order on Non-Frozen Apple 
Juice Concentrate from the PRC.\1\ On May 17, 2005, the Department 
received a Notice of Intent to Participate from an interested party, 
the U.S. Apple Association (U.S. Apple) within the deadline specified 
in section 315.218(d)(1)(i) of the Department's regulations. U.S. Apple 
claimed interested party status under section 771(9)(E) of the Act, as 
a trade association representing all segments of the apple industry. On 
June 1, 2005, the Department received a complete substantive response 
from U.S. Apple within the deadline specified in section 
351.218(d)(3)(i) of the Department's regulations. We did not receive 
responses from any respondent interested parties to this proceeding. As 
a result, pursuant to section 751(c)(3)(B) of the Act and section 
351.218(e)(1)(ii)(C)(2) of the Department's regulations, the Department 
determined to conduct an expedited review of the order.
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    \1\ See Initiation of Five-Year (``Sunset'') Reviews, 70 FR 
22632 (May 2, 2005) (Initiation Notice).

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[[Page 53340]]

Scope of the Order

    The product covered by this antidumping order is certain non-frozen 
apple juice concentrate (NFAJC). Certain NFAJC 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 currently classifiable 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 these reviews are addressed in the ``Issues 
and Decision Memorandum'' (Decision Memorandum) from Barbara E. 
Tillman, Acting Deputy Assistant Secretary for Import Administration, 
to Joseph A. Spetrini, Acting Assistant Secretary for Import 
Administration, dated August 30, 2005, which is hereby adopted by this 
notice. The issues discussed in the Decision Memorandum include the 
likelihood of continuation or recurrence of dumping and the magnitude 
of the margins likely to prevail if the order was revoked. Parties can 
find a complete discussion of all issues raised in this review and the 
corresponding recommendations in this public memorandum which is on 
file in room B-099 of the main Commerce building.
    In addition, a complete version of the Decision Memorandum can be 
accessed directly on the Web at https://ia.ita.doc.gov/frn/, 
under the heading ``September 2005.'' The paper copy and electronic 
version of the Decision Memorandum are identical in content.

Final Results of Reviews

    We determine that revocation of the antidumping duty orders on 
NFAJC from the PRC would be likely to lead to continuation or 
recurrence of dumping at the following weighted-average percentage 
margins:

------------------------------------------------------------------------
                                                       Weighted-average
          Manufacturers/Exporters/Producers            margin (percent)
------------------------------------------------------------------------
Xian Asia...........................................                3.83
Xian Yang Fuan......................................                3.83
Changsha............................................                3.83
Shandong Foodstuffs.................................                3.83
SAAME...............................................               51.74
Yantai Golden.......................................               51.74
PRC-Wide Rate.......................................               51.74
------------------------------------------------------------------------

    This notice also serves as the only reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305 of the 
Department's regulations. Timely notification of the return or 
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 the results and notice in accordance 
with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: August 30, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-4894 Filed 9-7-05; 8:45 am]
BILLING CODE 3510-DS-S

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