Individually Quick Frozen Red Raspberries from Chile: Notice of Final Results of Antidumping Duty Administrative Review, 72788-72789 [05-23737]

Download as PDF 72788 Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Notices specifically excluded. The following products are specifically excluded from this order: (1) Products clad, plated, or coated with metal, whether or not painted, varnished or coated with plastic or other non–metallic substances; (2) SAE grades (formerly AISI grades) of series 2300 and above; (3) products made to ASTM A710 and A736 or their proprietary equivalents; (4) abrasion–resistant steels (i.e., USS AR 400, USS AR 500); (5) products made to ASTM A202, A225, A514 grade S, A517 grade S, or their proprietary equivalents; (6) ball bearing steels; (7) tool steels; and (8) silicon manganese steel or silicon electric steel. The merchandise subject to this order is currently classifiable in the HTSUS under subheadings: 7208.40.3030, 7208.40.3060, 7208.51.0030, 7208.51.0045, 7208.51.0060, 7208.52.0000, 7208.53.0000, 7208.90.0000, 7210.70.3000, 7210.90.9000, 7211.13.0000, 7211.14.0030, 7211.14.0045, 7211.90.0000, 7212.40.1000, 7212.40.5000, 7212.50.0000, 7225.40.3050, 7225.40.7000, 7225.50.6000, 7225.99.0090, 7226.91.5000, 7226.91.7000, 7226.91.8000, 7226.99.0000. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise covered by this order is dispositive. Determination As a result of the determination by the ITC that revocation of this AD order is not likely to lead to continuation or recurrence of material injury to an industry in the United States, the Department, pursuant to section 751(d) of the Act, is revoking the AD order on CTL Plate from France. Pursuant to section 751(d)(2) of the Act and 19 CFR 351.222(i)(2)(i), the effective date of revocation is February 10, 2005 (i.e., the fifth anniversary of the date of publication in the Federal Register of the notice of the AD order). The Department will notify U.S. Customs and Border Protection to discontinue suspension of liquidation and collection of cash deposits on entries of the subject merchandise entered or withdrawn from warehouse on or after February 10, 2005, the effective date of revocation of the AD order. 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 for review. VerDate Aug<31>2005 13:01 Dec 06, 2005 Jkt 208001 This five-year (‘‘sunset’’) review and notice are in accordance with section 751(d)(2) and published pursuant to section 777(i)(1) of the Act. Dated: November 30, 2005. Stephen J. Claeys, Acting Assistant Secretary for Import Administration. [FR Doc. 05–23739 Filed 12–6–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration A–337–806 Individually Quick Frozen Red Raspberries from Chile: Notice of Final Results of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On July 29, 2005, 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, 2003, through June 30, 2004. This review covers sales of individually quick frozen red raspberries with respect to Fruticola Olmue, S.A.; Santiago Comercio Exterior Exportaciones Limitada; and Vital Berry Marketing, S.A. 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. We will instruct the U.S. Customs and Border Protection to assess importer– specific antidumping duties on the subject merchandise exported by these companies. EFFECTIVE DATE: December 7, 2005. FOR FURTHER INFORMATION CONTACT: Yasmin Bordas, Cole Kyle, or Scott Holland, 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– 1503, or (202) 482–1279, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background Since the publication of the preliminary results of this review (see Notice of Preliminary Results of Antidumping Duty Administrative Review: Individually Quick Frozen Red Raspberries from Chile, 70 FR 44889 (August 4, 2005) (‘‘Preliminary PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 Results’’)), the following events have occurred: The Department of Commerce (‘‘the Department’’) invited interested parties to comment on the preliminary results of this review. No comments were received. 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, 2003, through June 30, 2004. Final Results of the Review These final results remain unchanged from the Preliminary Results. We provided an opportunity for parties to comment on our preliminary results and received no comments. Therefore, we find that the following percentage weighted–average margins exist for the period July 1, 2003, through June 30, 2004: Exporter/manufacturer Fruticola Olmue, S.A. ... Santiago Comercio Exterior Exportaciones, Ltda.. Vital Berry, S.A. ............ Weighted–average margin percentage 0.09 (de minimis) 0.00 Assessment Rates The Department shall determine, and U.S. Customs and Border Protection (‘‘CBP’’) shall assess, antidumping duties on all appropriate entries. In accordance with 19 CFR 351.212 (b)(1), we have calculated exporter/importer (or customer)-specific assessment rates for merchandise subject to this review. The Department will issue appraisement instructions directly to CBP within 15 days of publication of these final results of review. We will direct CBP to assess the resulting assessment rates against E:\FR\FM\07DEN1.SGM 07DEN1 Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Notices the entered customs values for the subject merchandise on each of that importer’s entries during the POR. For assessment purposes, we will calculate importer–specific assessment rates for the subject merchandise by aggregating the dumping duties due for all U.S. sales to each importer and dividing the amount by the total entered value of the sales to that importer during the POR. The following cash deposit requirements will be effective for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(1) of the Act: (1) the cash deposit rates for the reviewed companies will be those established above in the ‘‘Final Results of the Review’’ section of this notice, except if the rate is less than 0.50 percent and, therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero; (2) if the exporter is not a firm covered in this review, but was covered in a previous review, or the original investigation, 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 previous review, or the original investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; and (4) the cash deposit rate for all other manufacturers and/or exporters shall continue to be 6.33 percent, the ‘‘all others’’ rate made effective by the less–than-fair–value investigation. See 67 FR 45460 (July 9, 2002). These requirements, when imposed, shall remain in effect until publication of the final results of the next administrative review. Notification to Importers This notice serves as a final reminder to importers of their responsibility under 19 CFR 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 double antidumping duties. Notification Regarding APOs This notice also serves as the only reminder to parties subject to the administrative protective order (‘‘APO’’) VerDate Aug<31>2005 13:01 Dec 06, 2005 Jkt 208001 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, 2005. Stephen Claeys, Acting Assistant Secretary for Import Administration. [FR Doc. 05–23737 Filed 12–6–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration A–423–808 Stainless Steel Plate in Coils from Belgium: Final Results of Antidumping Duty Administrative Review Import Administration, International Trade Administration, U.S. Department of Commerce. SUMMARY: On June 3, 2005, the Department of Commerce (the Department) published the preliminary results of the fifth administrative review of the antidumping duty order on stainless steel plate in coils (SSPC) from Belgium. See Stainless Steel Plate in Coils from Belgium: Preliminary Results of Antidumping Duty Review, 70 FR 32573 (June 3, 2005) (‘‘Preliminary Results’’). This review covers one producer/exporter, Ugine & ALZ Belgium, NV (U&A Belgium), of the subject merchandise. The period of review (POR) is May 1, 2003, through April 30, 2004. Based on our analysis of the comments received, we have made changes to the Preliminary Results. For the final dumping margins see the ‘‘Final Results of Review’’ section below. EFFECTIVE DATE: December 7, 2005. FOR FURTHER INFORMATION CONTACT: Toni Page or Scott Lindsay at (202) 482–1398 or (202) 482–0780, respectively; Office of AD/CVD Operations 6, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington DC 20230. SUPPLEMENTARY INFORMATION: AGENCY: PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 72789 Background On June 3, 2005, the Department published in the Federal Register the preliminary results of the fifth administrative review of the antidumping duty order on SSPC from Belgium. See Preliminary Results. Since the Preliminary Results, the following events have occurred. On July 14, 2005, U&A Belgium (Respondent) requested that the Department extend the due dates for briefs until July 22, 2005, and rebuttal briefs until July 27, 2005. Based on the reasons in Respondent’s letter, the Department extended the deadline for briefs until July 22, 2005, and the rebuttal briefs until July 29, 2005. Case briefs from Respondent and Allegheny Ludlum, AK Steel Corporation, Butler Armco Independent Union, United Steelworkers of America, AFL–CIO/ CLC, and Zanesville Armco Independent Organization (collectively, Petitioners) were timely filed. In the Preliminary Results, the Department stated that it would issue a supplemental questionnaire to Respondent requesting that it clarify a difference between the volume of sales reported in its database, and the volume and value of entries observed by the Department from U.S. Customs and Border Protection (CBP) data. The Department issued three supplemental questionnaires on this issue and received responses from Respondent on July 1, 2005, to the Department’s May 27, 2005 questionnaire; August 19, 2005, to the Department’s August 2, 2005 questionnaire; and September 21, 2005, and September 27, 2005, (in two parts) to the Department’s September 13, 2005 questionnaire. Petitioners commented on these responses on September 28, 2005, and October 11, 2005. Three of these supplemental questionnaire responses were received after the due dates for case and rebuttal briefs. As such, on October 28, 2005, we established a briefing schedule for the issues that surfaced as a result of Respondent’s questionnaire responses being submitted after the Preliminary Results. On November 4, 2005, and November 9, 2005, we received briefs and rebuttal briefs for the issues raised in Respondent’s supplemental questionnaire responses. Analysis of Comments Received The issues raised in all case briefs, rebuttal briefs, and additional comments by parties to this administrative review are addressed in the Issues and Decision Memorandum for the Final Results of the Fifth Administrative Review of the Antidumping Duty Order on Stainless Steel Plate in Coils from Belgium, from E:\FR\FM\07DEN1.SGM 07DEN1

Agencies

[Federal Register Volume 70, Number 234 (Wednesday, December 7, 2005)]
[Notices]
[Pages 72788-72789]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-23737]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-337-806


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

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On July 29, 2005, 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, 2003, through June 30, 2004. This review 
covers sales of individually quick frozen red raspberries with respect 
to Fruticola Olmue, S.A.; Santiago Comercio Exterior Exportaciones 
Limitada; and Vital Berry Marketing, S.A. 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. We will instruct the U.S. 
Customs and Border Protection to assess importer-specific antidumping 
duties on the subject merchandise exported by these companies.

EFFECTIVE DATE: December 7, 2005.

FOR FURTHER INFORMATION CONTACT: Yasmin Bordas, Cole Kyle, or Scott 
Holland, 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) 482-1503, or (202) 482-1279, respectively.

SUPPLEMENTARY INFORMATION:

Background

    Since the publication of the preliminary results of this review 
(see Notice of Preliminary Results of Antidumping Duty Administrative 
Review: Individually Quick Frozen Red Raspberries from Chile, 70 FR 
44889 (August 4, 2005) (``Preliminary Results'')), the following events 
have occurred: The Department of Commerce (``the Department'') invited 
interested parties to comment on the preliminary results of this 
review. No comments were received.

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, 2003, through June 30, 
2004.

Final Results of the Review

    These final results remain unchanged from the Preliminary Results. 
We provided an opportunity for parties to comment on our preliminary 
results and received no comments. Therefore, we find that the following 
percentage weighted-average margins exist for the period July 1, 2003, 
through June 30, 2004:

------------------------------------------------------------------------
                                                       Weighted-average
                Exporter/manufacturer                  margin percentage
------------------------------------------------------------------------
Fruticola Olmue, S.A................................   0.09 (de minimis)
Santiago Comercio Exterior Exportaciones, Ltda......
Vital Berry, S.A....................................                0.00
------------------------------------------------------------------------

Assessment Rates

    The Department shall determine, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries. In accordance with 19 CFR 351.212 (b)(1), we have 
calculated exporter/importer (or customer)-specific assessment rates 
for merchandise subject to this review. The Department will issue 
appraisement instructions directly to CBP within 15 days of publication 
of these final results of review. We will direct CBP to assess the 
resulting assessment rates against

[[Page 72789]]

the entered customs values for the subject merchandise on each of that 
importer's entries during the POR. For assessment purposes, we will 
calculate importer-specific assessment rates for the subject 
merchandise by aggregating the dumping duties due for all U.S. sales to 
each importer and dividing the amount by the total entered value of the 
sales to that importer during the POR.
    The following cash deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(1) of the Act: (1) the cash deposit rates for the reviewed 
companies will be those established above in the ``Final Results of the 
Review'' section of this notice, except if the rate is less than 0.50 
percent and, therefore, de minimis within the meaning of 19 CFR 
351.106(c)(1), in which case the cash deposit rate will be zero; (2) if 
the exporter is not a firm covered in this review, but was covered in a 
previous review, or the original investigation, 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 previous review, or the original investigation, but the 
manufacturer is, the cash deposit rate will be the rate established for 
the most recent period for the manufacturer of the merchandise; and (4) 
the cash deposit rate for all other manufacturers and/or exporters 
shall continue to be 6.33 percent, the ``all others'' rate made 
effective by the less-than-fair-value investigation. See 67 FR 45460 
(July 9, 2002).
    These requirements, when imposed, shall remain in effect until 
publication of the final results of the next administrative review.

Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 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 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, 2005.
Stephen Claeys,
Acting Assistant Secretary for Import Administration.
[FR Doc. 05-23737 Filed 12-6-05; 8:45 am]
BILLING CODE 3510-DS-S