Non-Frozen Apple Juice Concentrate from the People's Republic of China: Final Results for the Administrative Review, 50955-50956 [E9-23836]

Download as PDF Federal Register / Vol. 74, No. 190 / Friday, October 2, 2009 / Notices pwalker on DSK8KYBLC1PROD with NOTICES Comment 6: Calculation of Yield Loss Factor Comment 7: Financial Ratios Comment 8: Whether to Calculate Separate Financial Ratios for Whole Garlic and Peeled Garlic 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) (‘‘Order’’). On June 30, 2009, the Department published in [FR Doc. E9–23834 Filed 10–1–09; 8:45 am] the Federal Register the Preliminary BILLING CODE 3510–DS–S Results of this administrative review. On July 17, 2009, Itochu filed comments regarding the Department’s Preliminary DEPARTMENT OF COMMERCE Results. On July 22, 2009, The International Trade Administration Department subsequently rejected these comments as they contained an [A–570–855] untimely submission of new factual information. See Memorandum to the Non–Frozen Apple Juice Concentrate File, from Alexis Polovina, Case from the People’s Republic of China: Analyst, Office 9, through Alex Final Results for the Administrative Villanueva, Program Manager, Office 9, Review regarding ‘‘Administrative Review of AGENCY: Import Administration, Apple Juice Concentrate from the International Trade Administration, People’s Republic of China: Rejection of Department of Commerce. New Information’’ dated July 22, 2009 SUMMARY: The Department is conducting (‘‘Rejection of New Information’’). As an administrative review of this Order, the deadline to submit case briefs was covering the period of review (‘‘POR’’) July 30, 2009, the Department allowed of June 1, 2007, - May 31, 2008. The Itochu to resubmit their case brief. Department preliminarily found that Itochu submitted a revised case brief on Itochu Corporation and its wholly– July 30, 2009. No other party filed owned subsidiaries, Yitian Juice comments and no party requested a (Shaanxi) Co., Ltd. and Laiyang Yitian public hearing. Juice Co., Ltd., (collectively known as SCOPE OF THE ORDER ‘‘Itochu’’) did not sell the subject The product covered by this order is merchandise at less than normal value (‘‘NV’’) and thus assigned a zero margin certain non–frozen apple juice concentrate. Apple juice concentrate is for the POR. See Non–Frozen Apple defined as all non–frozen concentrated Juice Concentrate from the People’s apple juice with a brix scale of 40 or Republic of China: Preliminary Results greater, whether or not containing for the Administrative Review, 74 FR added sugar or other sweetening matter, 31238 (June 30, 2009) (‘‘Preliminary and whether or not fortified with Results’’). Based upon our analysis of vitamins or minerals. Excluded from the comments received, the Department scope of this order are: frozen made no changes to the margin concentrated apple juice; non–frozen calculations in the final results. concentrated apple juice that has been Therefore, we will instruct the U.S. Customs and Border Protection (‘‘CBP’’) fermented; and non–frozen apple juice to which spirits have been added. to assess antidumping duties on entries The merchandise subject to this order of subject merchandise during the POR is classified in the Harmonized Tariff for which the importer–specific Schedule of the United States assessment rates are above de minimis. (‘‘HTSUS’’) at subheadings EFFECTIVE DATE: October 2, 2009. 2106.90.52.00, and 2009.70.00.20 before FOR FURTHER INFORMATION CONTACT: January 1, 2002, and 2009.79.00.20 after Alexis Polovina, AD/CVD Operations, January 1, 2002. Although the HTSUS Office 9, Import Administration, subheadings are provided for International Trade Administration, convenience and customs purposes, the U.S. Department of Commerce, 14th written description of the scope of the Street and Constitution Ave, NW, order is dispositive. Washington DC 20230; telephone (202) ANALYSIS OF COMMENTS RECEIVED 482–3927. All issues raised in the comments by SUPPLEMENTARY INFORMATION: Itochu are addressed in the concurrent CASE HISTORY Issues and Decision Memorandum (‘‘Issues and Decision Memo’’), which is On June 5, 2000, the Department of Commerce (‘‘Department’’) published in hereby adopted by this notice. A list of the issues which Itochu raised and to the Federal Register the antidumping which we respond in the Issues and duty order on certain non–frozen apple Decision Memo is attached to this notice juice concentrate from the People’s as an Appendix. The Issues and Republic of China (‘‘PRC’’). See Notice VerDate Nov<24>2008 16:40 Oct 01, 2009 Jkt 220001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 50955 Decision Memo is a public document and is on file in the Central Records Unit (‘‘CRU’’), Main Commerce Building, Room 1117, and is accessible on the Web at http://www.trade.gov/ia. The paper copy and the electronic version of the memorandum are identical in content. FINAL RESULTS OF THE REVIEW The Department has determined that the final dumping margin for the POR is: NON–FROZEN APPLE JUICE CONCENTRATE FROM THE PRC Exporter Itochu Corporation ........ Weighted–Average Margin (Percent) 0.00 ASSESSMENT RATES Upon issuance of the final results, the Department will determine, and the CBP shall assess, antidumping duties on all appropriate entries on an ad valorem basis. The Department intends to issue assessment instructions to CBP 15 days after the date of publication of the final results of review. Pursuant to 19 CFR 351.212(b)(1), we will calculate importer–specific (or customer) duty assessment rates based on the ratio of the total amount of dumping margins calculated for the examined sales to the total entered value of those same sales. 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 review is above de minimis, i.e., less than 0.50 percent. CASH–DEPOSIT REQUIREMENTS The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of subject merchandise from Itochu entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided for by section 751(a)(2)(C) of the Tariff Act of 1930, as amended (‘‘Act’’):(1) For subject merchandise exported by Itochu, no deposit will be required; (2) for companies previously found to be entitled to a separate rate in prior segments of the proceeding, and for which no review has been requested, the cash deposit rate will continue to be the rate established in the most recent review of that company; (3) for all other PRC exporters, the cash deposit rate will be 51.74 percent, the PRC country–wide ad–valorem rate; and (4) for non–PRC exporters of subject merchandise from E:\FR\FM\02OCN1.SGM 02OCN1 50956 Federal Register / Vol. 74, No. 190 / Friday, October 2, 2009 / Notices the PRC to the United States, the cash deposit rate will be the rate applicable to the PRC exporter that supplied that non–PRC exporter. These deposit requirements, when imposed, shall remain in effect until further notice. REIMBURSEMENT OF DUTIES 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 POR. Failure to comply with this requirement could result in the Sectary’s presumption that reimbursement of antidumping duties 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 orders (‘‘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 this determination in accordance with sections 751(a)(1) and 777(i) of the Act, and 351.221(b)(5). Dated: September 25, 2009. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. Appendix—Issues and Decision Memorandum Comment 1: Calculation of the Denominator Comment 2: Rejection of New Information [FR Doc. E9–23836 Filed 10–1–09; 8:45 am] pwalker on DSK8KYBLC1PROD with NOTICES BILLING CODE 3510–DS–S VerDate Nov<24>2008 16:40 Oct 01, 2009 Jkt 220001 DEPARTMENT OF COMMERCE International Trade Administration [A–570–918] Steel Wire Garment Hangers From the People’s Republic of China: Final Results of Changed Circumstances Review, and Revocation in Part of Antidumping Duty Order AGENCY: Import Administration, International Trade Administration, Department of Commerce DATES: Effective Date: October 2, 2009. SUMMARY: On March 19, 2009, the Department of Commerce (‘‘Department’’) published a notice of initiation and preliminary results of antidumping duty changed circumstances review with intent to revoke, in part, the antidumping duty order 1 on steel wire garment hangers from the People’s Republic of China (‘‘PRC’’) in the Federal Register. See Steel Wire Garment Hangers from the People’s Republic of China: Initiation and Preliminary Results of Changed Circumstances Review, and Intent to Revoke Order in Part, 74 FR 11713 (March 19, 2009) (‘‘Initiation and Preliminary Results’’). The Department is now revoking the Order, in part, with regard to the following product: chromeplated steel wire garment hangers with a diameter of 3.4 mm or greater. FOR FURTHER INFORMATION CONTACT: Blaine Wiltse, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482–6345. Background 2 On February 3, 2009, the Department received a request on behalf of M&B Metal Products Company, Inc. (‘‘Petitioner’’), for revocation, in part, of the Order, pursuant to sections 751(b)(1) and 782(h) of the Tariff Act of 1930, as amended (‘‘Act’’), with respect to chrome-plated steel wire garment 1 See Notice of Antidumping Duty Order: Steel Wire Garment Hangers from the People’s Republic of China, 73 FR 58111 (Oct. 6, 2008) (‘‘Order’’). 2 The Department received requests from American Hanger and Fixture Corporation on December 1, 2008, and from Econoco Corporation on December 3, 2008, for a scope ruling on whether its imports of chrome-plated hangers with a diameter of 4.0 mm and 3.4 mm, respectively, are covered by the Order. However, because the Department is, herein, revoking the Order, in part, as it applies to imports of chrome-plated steel wire garment hangers with a diameter of 3.4 mm or greater, we find that it is unnecessary to individually examine these scope requests as the products in question have been excluded from the scope of the Order through the final results of this changed circumstances review. PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 hangers with a diameter of 3.4 mm or greater. In its submission, Petitioner stated that it no longer had any interest in seeking antidumping relief from imports of such chrome-plated steel wire garment hangers, as defined in the ‘‘Scope of the Amended Order’’ section below. Petitioner further stated that domestic producers Shanti Industries Inc. (‘‘Shanti’’) and Metro Supply Company (‘‘Metro’’) (collectively, ‘‘Supporters’’) support the request for a changed circumstances review that it filed on February 3, 2009. Additionally, Petitioner stated in its request that together it and the Supporters account for substantially all of the steel wire garment hangers production in the United States. On March 19, 2009, the Department published a notice of Initiation and Preliminary Results of changed circumstances review with intent to revoke, in part, the Order with regard to chrome-plated steel wire garment hangers with a diameter of 3.4 mm or greater. We invited parties to comment on the preliminary results. On April 1, 2009, the Department received comments from Merrick Engineering, Inc. (‘‘Merrick’’) in opposition to the changed circumstances review, challenging Petitioner and Supporters’ claim that they represent substantially all production of the domestic like product. The Department received surrebuttal comments from Econoco Corporation on April 8, 2009, and from both Petitioner and Target Corporation on April 13, 2009. On May 29, 2009, the Department requested domestic production data for the period April 1, 2008, through March 31, 2009, from Merrick and Petitioner. On June 5, 2009, and June 8, 2009, Petitioner and Merrick submitted responses to the Department’s request for additional production information, respectively. On July 8, 2009, the Department requested that Petitioner and Merrick each submit their domestic production data, for the period April 1, 2008, through March 31, 2009, in the form of individual monthly production totals. On July 15, 2009, Merrick submitted its monthly production data to the Department. On July 15, 2009, Petitioner submitted monthly production data for itself and the companies Shanti, and Ganchos N.V. (‘‘Ganchos’’). On July 17, 2009, Petitioner resubmitted its, Shanti’s, and Ganchos’ monthly production data and included monthly production data for Metro. On August 19, 2009, Merrick E:\FR\FM\02OCN1.SGM 02OCN1

Agencies

[Federal Register Volume 74, Number 190 (Friday, October 2, 2009)]
[Notices]
[Pages 50955-50956]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-23836]


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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 for the Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department is conducting an administrative review of this 
Order, covering the period of review (``POR'') of June 1, 2007, - May 
31, 2008. The Department preliminarily found that Itochu Corporation 
and its wholly-owned subsidiaries, Yitian Juice (Shaanxi) Co., Ltd. and 
Laiyang Yitian Juice Co., Ltd., (collectively known as ``Itochu'') did 
not sell the subject merchandise at less than normal value (``NV'') and 
thus assigned a zero margin for the POR. See Non-Frozen Apple Juice 
Concentrate from the People's Republic of China: Preliminary Results 
for the Administrative Review, 74 FR 31238 (June 30, 2009) 
(``Preliminary Results''). Based upon our analysis of comments 
received, the Department made no changes to the margin calculations in 
the final results. Therefore, we will instruct the U.S. Customs and 
Border Protection (``CBP'') to assess antidumping duties on entries of 
subject merchandise during the POR for which the importer-specific 
assessment rates are above de minimis.

EFFECTIVE DATE: October 2, 2009.

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 Ave, NW, 
Washington DC 20230; telephone (202) 482-3927.

SUPPLEMENTARY INFORMATION:

CASE HISTORY

    On June 5, 2000, the Department of Commerce (``Department'') 
published in the Federal Register the antidumping duty order on certain 
non-frozen apple juice concentrate from the People's Republic of China 
(``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) (``Order''). On June 30, 2009, the Department published 
in the Federal Register the Preliminary Results of this administrative 
review. On July 17, 2009, Itochu filed comments regarding the 
Department's Preliminary Results. On July 22, 2009, The Department 
subsequently rejected these comments as they contained an untimely 
submission of new factual information. See Memorandum to the File, from 
Alexis Polovina, Case Analyst, Office 9, through Alex Villanueva, 
Program Manager, Office 9, regarding ``Administrative Review of Apple 
Juice Concentrate from the People's Republic of China: Rejection of New 
Information'' dated July 22, 2009 (``Rejection of New Information''). 
As the deadline to submit case briefs was July 30, 2009, the Department 
allowed Itochu to resubmit their case brief. Itochu submitted a revised 
case brief on July 30, 2009. No other party filed comments and no party 
requested a public hearing.

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 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.

ANALYSIS OF COMMENTS RECEIVED

    All issues raised in the comments by Itochu are addressed in the 
concurrent Issues and Decision Memorandum (``Issues and Decision 
Memo''), which is hereby adopted by this notice. A list of the issues 
which Itochu raised and to which we respond in the Issues and Decision 
Memo is attached to this notice as an Appendix. The Issues and Decision 
Memo is a public document and is on file in the Central Records Unit 
(``CRU''), Main Commerce Building, Room 1117, and is accessible on the 
Web at http://www.trade.gov/ia. The paper copy and the electronic 
version of the memorandum are identical in content.

FINAL RESULTS OF THE REVIEW

    The Department has determined that the final dumping margin for the 
POR is:

             Non-Frozen Apple Juice Concentrate from the PRC
------------------------------------------------------------------------
                                                       Weighted-Average
                      Exporter                         Margin (Percent)
------------------------------------------------------------------------
Itochu Corporation..................................                0.00
------------------------------------------------------------------------

ASSESSMENT RATES

    Upon issuance of the final results, the Department will determine, 
and the CBP shall assess, antidumping duties on all appropriate entries 
on an ad valorem basis. The Department intends to issue assessment 
instructions to CBP 15 days after the date of publication of the final 
results of review. Pursuant to 19 CFR 351.212(b)(1), we will calculate 
importer-specific (or customer) duty assessment rates based on the 
ratio of the total amount of dumping margins calculated for the 
examined sales to the total entered value of those same sales. 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 review is above de minimis, 
i.e., less than 0.50 percent.

CASH-DEPOSIT REQUIREMENTS

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of subject merchandise from Itochu entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Tariff Act of 1930, as 
amended (``Act''):(1) For subject merchandise exported by Itochu, no 
deposit will be required; (2) for companies previously found to be 
entitled to a separate rate in prior segments of the proceeding, and 
for which no review has been requested, the cash deposit rate will 
continue to be the rate established in the most recent review of that 
company; (3) for all other PRC exporters, the cash deposit rate will be 
51.74 percent, the PRC country-wide ad-valorem rate; and (4) for non-
PRC exporters of subject merchandise from

[[Page 50956]]

the PRC to the United States, the cash deposit rate will be the rate 
applicable to the PRC exporter that supplied that non-PRC exporter. 
These deposit requirements, when imposed, shall remain in effect until 
further notice.

REIMBURSEMENT OF DUTIES

    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 POR. Failure to comply with this 
requirement could result in the Sectary's presumption that 
reimbursement of antidumping duties 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 orders (``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 this determination in accordance with 
sections 751(a)(1) and 777(i) of the Act, and 351.221(b)(5).

    Dated: September 25, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

Appendix--Issues and Decision Memorandum

Comment 1: Calculation of the Denominator
Comment 2: Rejection of New Information
[FR Doc. E9-23836 Filed 10-1-09; 8:45 am]
BILLING CODE 3510-DS-S