[Federal Register Volume 61, Number 250 (Friday, December 27, 1996)]
[Notices]
[Pages 68231-68232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32879]
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DEPARTMENT OF COMMERCE
[A-614-801]
Fresh Kiwifruit From New Zealand; Results of Antidumping
Administrative Review
AGENCY: Import Administration, International Trade Administration,
Commerce.
ACTION: Notice of amendment to final results of antidumping duty
administrative review.
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SUMMARY: On September 3, 1996, the Department of Commerce (the
Department) published the final results of its administrative review of
the antidumping duty order on fresh kiwifruit from New Zealand. The
review covers one exporter, the New Zealand Kiwifruit Marketing Board
(NZKMB), and the period from June 1, 1994, through May 31, 1995. Based
on the correction of ministerial errors, we are amending the final
results.
EFFECTIVE DATE: December 27, 1996.
FOR FURTHER INFORMATION CONTACT: Paul M. Stolz or Thomas F. Futtner,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone (202) 482-4474 or 482-3814,
respectively.
SUPPLEMENTARY INFORMATION
Background
On September 3, 1996, the Department published the final results
(61 FR 46438) of its administrative review of the antidumping duty
order on fresh kiwifruit from New Zealand (57 FR 23203 (June 2, 1992)).
The review covered one exporter, the New Zealand Kiwifruit Marketing
Board (NZKMB). The Department has now amended the final results of this
administrative review in accordance with section 751 of the Tariff Act
of 1930, as amended (the Act). Unless otherwise indicated, all
citations to the statute are references to the provisions on January 1,
1995, the effective date of the amendments made to the Tariff Act of
1930 (the Act), by the Uruguay Round Agreements Act (URAA). In
addition, unless otherwise indicated, all citations to the Department's
regulations are to the current regulations, as amended by the interim
regulations published in the Federal Register on May 11, 1995 (60 FR
25130).
Scope of the Review
The product covered by the order under review is fresh kiwifruit.
Processed kiwifruit, including fruit jams, jellies, pastes, purees,
mineral waters, or juices made from or containing kiwifruit, are not
covered under the scope of the order. The subject merchandise is
currently classifiable under subheading 0810.90.20.60 of the Harmonized
Tariff Schedule (HTS). Although the HTS number is provided for
convenience and customs purposes, our written description of the scope
of this review is dispositive.
Analysis of Comments Received
After publication of our final results, we received timely
allegations of ministerial errors from the respondent, NZKMB, and the
petitioner, the California Kiwifruit Commission.
Comments
The petitioner alleged that the Department's calculation of cost of
production (used for comparison with net home market sales prices) did
not include an amount for pallet expense.
The respondent alleged three ministerial errors pertaining to the
Department's preliminary calculations: (1) packing costs were double-
counted in calculating constructed value; (2) home market
transportation insurance was incorrectly treated as an indirect selling
expense rather than as a movement cost; and (3) U.S. indirect selling
expenses incurred in New Zealand were erroneously deducted from
constructed export price.
DOC Position
With respect to the ministerial error allegations noted above, the
Department agrees that it made these errors and has corrected these
errors for the final results. (See memorandum to the file dated October
30, 1996, for a detailed description of all adjustments made.)
Amended Final Results of Review
As a result of our correction of the ministerial errors, we have
determined the following margin exists for the period June 1, 1994,
through May 31, 1995:
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Margin
Manufacturer exporter (percent)
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New Zealand Kiwifruit Marketing Board....................... 3.5
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The Customs Service shall assess antidumping duties on all
appropriate entries. Individual differences between U.S. price and NV
may vary from the percentage stated above. The Department will issue
appraisement instructions concerning the respondent directly to the
U.S. Customs Service.
Furthermore, the following deposit requirements will be effective
for all shipments of the subject merchandise
[[Page 68232]]
entered, or withdrawn from warehouse, for consumption on or after the
publication date of these final results of administrative review, as
provided for by section 751(a)(1) of the Act: (1) the cash deposit rate
for the reviewed firm will be 3.57 percent; and (2) the cash deposit
rate for merchandise exported by all other manufacturers and exporters
will be the ``all others'' rate of 98.60 percent established in the
less-than-fair-value investigation; in accordance with the Department
practice. See Floral Trade Council v. United States, 822 F.Supp. 766
(1993), and Federal Mogul Corporation, 822 F.Supp. 782 (1993).
These deposit requirements shall remain in effect until publication
of the final results of the next administrative review.
This notice serves as the final reminder to importers of their
responsibility under 19 CFR 353.26 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.
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 353.34(d). Timely written notification of
return/destruction of APO materials or conversion to judicial
protective order is hereby requested. Failure to comply with the
regulations and the terms of the APO is a sanctionable violation.
This administrative review and notice are in accordance with
section 751(a)(1) of the Act (19 U.S.C. 1675(a)(1)) and 19 CFR 353.22.
Dated: December 10, 1996.
Jeffrey P. Bialos,
Acting Assistant Secretary for Import Administration.
[FR Doc. 96-32879 Filed 12-26-96; 8:45 am]
BILLING CODE 3510-DS-P