Individually Quick Frozen Red Raspberries from Chile: Final Results of Antidumping Duty Administrative Review, 74459-74460 [E8-28974]

Download as PDF Federal Register / Vol. 73, No. 236 / Monday, December 8, 2008 / Notices presented in the Preliminary Results. The final weighted-average dumping margin for Vita is listed below in the section entitled ‘‘Final Results of Review.’’ Effective Date: December 8, 2008. Paul Matino or Douglas Kirby, AD/CVD Operations, Office 6, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–4146 or (202) 482– 3782. DATES: FOR FURTHER INFORMATION CONTACT: Scope of the Order The product covered by this order is canned pineapple fruit defined as pineapple processed and/or prepared into various product forms, including rings, pieces, chunks, tidbits, and crushed pineapple, that is packed and cooked in metal cans with either pineapple juice or sugar syrup added. CPF is currently classifiable under subheadings 2008.20.0010 and 2008.20.0090 of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’). HTSUS 2008.20.0010 covers CPF packed in a sugar-based syrup; HTSUS 2008.20.0090 covers CPF packed without added sugar (i.e., juicepacked). Although these HTSUS subheadings are provided for convenience and for customs purposes, the written description of the scope is dispositive. There have been no scope rulings for the subject order. Period of Review This review covers the period July 1, 2006 through June 30, 2007. Final Results of Review mstockstill on PROD1PC66 with NOTICES Following the preliminary results of this review, we discovered an error in the calculation of U.S. price related to domestic inland freight incurred on U.S. sales. We have corrected this error for these final results. See Antidumping Duty Administrative Review of Canned Pineapple Fruit from Thailand: Changes Since the Preliminary Results, dated concurrently with this notice. Accordingly, we determine that the following weighted-average margin percentage exists for the period July 1, 2006, through June 30, 2007: on all appropriate entries, pursuant to section 771(a)(1)(B) of the Tariff Act of 1930 (the Act), and 19 CFR 351.212(b). We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review if the importer-specific assessment rate calculated in the final results of this review is above de minimis (i.e., at or above 0.50 percent). 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 intends to issue assessment instructions to CBP 15 days after the date of publication of these final results of review. Cash Deposit Requirements Pursuant to section 751(d)(2) of the Act and 19 CFR 351.222(i)(2)(i), the Department revoked this order effective October 31, 2007. See Canned Pineapple Fruit from Thailand: Notice of Final Results of Changed Circumstances Review of the Antidumping Duty Order and Revocation of Antidumping Duty Order, 73 FR 21311 (April 21, 2008). The Department notified CBP to discontinue suspension of liquidation on entries of the subject merchandise entered or withdrawn from warehouse on or after October 31, 2007, the effective date of revocation of the antidumping duty order. Therefore, cash deposits of estimated antidumping duties are no longer required. Certificate on Reimbursement This notice also 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 Secretary’s presumption that reimbursement of antidumping duties occurred, and in the subsequent assessment of double antidumping duties. Notification Regarding Administrative Protective Orders This notice is the only reminder to parties subject to the administrative protective order (APO) of their Manufacturer/exporter Margin responsibility concerning the return or destruction of proprietary information Vita Food Factory (1989) Co., Ltd. 3.02% disclosed under the APO in accordance with 19 CFR 351.305(a)(3) of the Assessment Department’s regulations. Timely The Department shall determine, and written notification of the return or U.S. Customs and Border Protection destruction of APO materials or (CBP) shall assess, antidumping duties conversion to judicial protective order is VerDate Aug<31>2005 16:32 Dec 05, 2008 Jkt 217001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 74459 hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. We are issuing and publishing these final results and this notice in accordance with sections 51(a)(1) and 777(i)(1) of the Act. Dated: December 1, 2008. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E8–28972 Filed 12–5–08; 8:45 am] BILLING CODE 3510–DS–P 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 E:\FR\FM\08DEN1.SGM 08DEN1 74460 Federal Register / Vol. 73, No. 236 / Monday, December 8, 2008 / Notices 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. mstockstill on PROD1PC66 with NOTICES 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: VerDate Aug<31>2005 16:32 Dec 05, 2008 Jkt 217001 Exporter/manufacturer Weighted–average margin percentage Cash Deposit Requirement On July 20, 2007, the Department published a Federal Register notice that, inter alia, revoked this order, 0.28 (de minimis) effective July 9, 2007. See IQF Red Raspberries from Chile: Final Results of Assessment Rates Sunset Review and Revocation of Order, 72 FR 39793 (July 20, 2007). As a result, The Department shall determine, and CBP is no longer suspending liquidation U.S. Customs and Border Protection for entries of subject merchandise (‘‘CBP’’) shall assess, antidumping occurring on or after July 9, 2007. duties on all appropriate entries. Therefore, there is no need to issue new Pursuant to 19 CFR 351.212(b)(1), we cash deposit instructions pursuant to have calculated importer–specific assessment rates. Because Valle Frio did the final results of this administrative not report the entered value for its U.S. review. sales, we have calculated importer– Notification to Importers specific assessment rates for the merchandise in question by aggregating This notice serves as a final reminder the dumping margins calculated for all to importers of their responsibility U.S. sales to each importer and dividing under 19 CFR 351.402(f)(2) to file a this amount by the total quantity of certificate regarding the reimbursement those sales. of antidumping duties prior to To determine whether the duty liquidation of the relevant entries assessment rates were de minimis, in during this review period. Failure to accordance with the requirement set comply with this requirement could forth in 19 CFR 351.106(c)(2), we result in the Department’s presumption calculated importer–specific ad valorem that reimbursement of antidumping rates based on the estimated entered duties occurred and the subsequent value. Where the assessment rate is assessment of double antidumping above de minimis, we will instruct CBP duties. to assess duties on all entries of subject Sociedad Agroindustrial Valle Frio Ltda./ Agricola Framparque 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 percent1 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. 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 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). PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\08DEN1.SGM 08DEN1

Agencies

[Federal Register Volume 73, Number 236 (Monday, December 8, 2008)]
[Notices]
[Pages 74459-74460]
From the Federal Register Online via the Government Printing 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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

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