[Federal Register Volume 62, Number 51 (Monday, March 17, 1997)]
[Notices]
[Pages 12599-12600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6547]
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DEPARTMENT OF COMMERCE
[A-122-401]
Red Raspberries From Canada; Preliminary Results of New Shipper
Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of preliminary results of new shipper review antidumping
duty administrative review.
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SUMMARY: In response to a request from one exporter/processor,
Berryhill Foods, Inc. (Berryhill), the Department of Commerce (the
Department) is conducting a new shipper administrative review of the
antidumping duty order on red raspberries from Canada. The review
covers sales during the period June 1, 1995 through May 31, 1996. We
have preliminarily determined that Berryhill sold subject merchandise
at less than normal value (NV) during the period of review. Interested
parties are invited to comment on these preliminary results. Parties
who submit argument in this proceeding are requested to submit with the
argument (1) a statement of the issue and (2) a brief summary of the
argument.
EFFECTIVE DATE: March 17, 1997.
FOR FURTHER INFORMATION CONTACT: James Doyle, Lisa Yarbrough or Abdelai
Elouaradia, AD/CVD Enforcement, Group III, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue, N.W., Washington, D.C. 20230;
telephone: (202) 482-3793.
SUPPLEMENTARY INFORMATION:
Applicable Statute and Regulations
Unless otherwise indicated, all citations to the statute are
references to the provisions effective 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).
Background
By letter dated June 28, 1996, Berryhill requested a new shipper
review pursuant to section 751(a)(2)(B) of the Act and 19 CFR 353.22(h)
of the Department's interim regulations, which govern determinations of
antidumping duties for new shippers. These provisions state that, among
other requirements, a producer or exporter requesting a new shipper
review must include with its request the date on which the merchandise
was first entered, or withdrawn from warehouse, for consumption, or, if
it cannot certify as to the date of first entry, the date on which it
first shipped the merchandise for export to the United States (interim
regulations, section 353.22(h)(2)(i)).
Berryhill provided a certification identifying the first date of
shipment of subject merchandise to the United States. In addition, in
accordance with section 751(a)(2)(B)(i), Berryhill certified that it is
not affiliated with any other firm nor did it export subject
merchandise to the United States during the period of investigation.
Based on this information, we determined that the requirements cited
above were adequately fulfilled.
On September 11, 1996, the Department published a notice of
initiation of a new shipper review of Berryhill (61 FR 47872). The
Department is now conducting this review in accordance with section 751
of the Act and section 353.22 of its interim regulations.
Scope of the Agreement
The products covered by this order are shipments of fresh and
frozen red raspberries packed in bulk containers and suitable for
further processing. These products are currently classifiable under the
Harmonized Tariff Schedule of the United States (HTSUS) item numbers
0810.20.90, 0810.20.10, and 0811.20.20. The HTS item numbers are
provided for convenience and Customs purposes. The written description
remains dispositive.
Verification
As provided in section 776(b) of the Act, we conducted verification
of information provided by the respondent by using standard
verification procedures, including on-site inspection of the
respondent's facilities, the examination of relevant sales and
financial records, and selection of original documentation containing
relevant information. Our verification results are outlined in the
public version of the verification report.
Export Price
We calculated the export price (EP) based on the price from
Berryhill to unaffiliated parties where these sales were made prior to
importation into the United States, in accordance with section 772(a)
of the Act. We calculated EP based on packed, F.O.B. cold storage
prices to unaffiliated purchasers in the United States. We made
deductions, where appropriate, for inland freight, brokerage and
handling, U.S. Customs duties, and pre-sale warehouse expense, in
accordance with section 772(c)(2) of the Act. No other adjustments were
claimed or allowed.
We calculated the constructed export price (CEP) based on the price
from Berryhill to unaffiliated purchasers where these sales were made
after importation into the United States, in accordance with section
772(b) of the Act. We calculated CEP based on packed, F.O.B. U.S. cold
storage prices to unaffiliated purchasers in the United States. We made
deductions, where appropriate, for inland freight, brokeage and
handling, U.S. Customs duty, pre-sale warehouse expense, U.S.
commissions, U.S. credit, U.S. inventory carrying costs, and profit
allocable to the selling and distribution incurred in the United States
in accordance with sections 772(c)(2), 772(d)(1) and 772(d)(3) of the
Act.
Normal Value
Based on a comparison of the aggregate quantity of home market and
U.S. sales, and absent any information that a particular market
situation in the exporting country does not permit a proper comparison,
we determined pursuant to section 773(a)(1)(C) of the Act that the
quantity of foreign like product sold in the exporting country was
sufficient to permit a proper comparison with the sales of the subject
merchandise to the United States. Therefore, in accordance with section
773(a)(1)(B) of the Act, we based NV on sales in Canada, the home
market.
[[Page 12600]]
We calculated NV based on packed F.O.B. Canadian cold storage
prices to unaffiliated customers, and made deductions, where
applicable, for home market inland freight, pre-sale warehouse expense,
home market packing costs, home market credit, and home market
commissions. When EP was used as the United States price, in accordance
with section 773(a)(6) of the Act, and sections 353.56 and 57 of the
Departments regulations, we made a circumstance of sale adjustment for
credit, and commissions. In addition, we added U.S. packing costs and
made an adjustment for differences in the physical characteristics of
the merchandise. When CEP was used as the United States price, we added
U.S. packing costs and made an adjustment for differences in the
physical characteristics of the merchandise.
Level of Trade
As set forth in section 773(a)(1)(B)(i) of the Act and in the
Statement of Administrative Action (SAA) accompanying the Uruguay Round
Agreements Act, H.R. Doc. 316, Vol. 1, 103d Cong., at 829-831 (1994),
to the extent practicable, the Department will calculate NV based on
sales at the same level of trade (LOT) as the U.S. sales. Berryhill did
not request an adjustment for LOT. To ensure that no such adjustment
was necessary, we requested and examined information on the selling
activities associated with each phase of marketing in each of
Berryhill's markets; since there were no differences in such selling
activities in either market, and since all sales in both markets were
at a single LOT, we compared sales at this sole LOT.
Preliminary Results of the Review
As a result of our comparison of EP and CEP to NV, we preliminarily
determine that the following weighted-average dumping margin exits:
------------------------------------------------------------------------
Exporter/processor Period Margin
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Berryhill................................ 06/01/95-05/31/96 1.56
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Interested parties may request disclosure within 5 days of the date
of publication of this notice and may request a hearing within 10 days
of publication. Any hearing, if requested, will be held as early as
convenient for the parties but not later than 34 days after the date of
publication or the first business day thereafter. Case briefs and/or
written comments from interested parties may be submitted not later
than 20 days after the date of publication of this notice. Rebuttal
briefs and rebuttal comments, limited to issues raised in the case
briefs, may be filed no later than 27 days after the date of
publication of this notice. The Department will issue the final results
of this new shipper administrative review, including the results of its
analysis of issues raised in any such written comments, within 90 days
of issuance of these preliminary results.
Upon completion of this new shipper review, the Department will
issue appraisement instructions directly to the U.S. Customs Service.
The results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by the
determination and for future deposits of estimated duties.
Furthermore, upon completion of this review, the posting of a bond
or security in lieu of a cash deposit, pursuant to section
751(a)(2)(B)(iii) of the Act and section 353.22(h)(4) of the
Department's interim regulations, will no longer be permitted and,
should the final results yield a margin of dumping, a cash deposit will
be required for each entry of the merchandise. The following deposit
requirements will be effective upon publication of the final results of
this new shipper antidumping duty administrative review for all
shipments of red raspberries from Canada exported/processed by
Berryhill, entered, or withdrawn from warehouse, for consumption on or
after the publication date, as provided by section 751(a)(1) of the
Act: (1) The cash deposit rate for the reviewed company will be that
established in the final results of this new shipper administrative
review; (2) for exporters not covered in these reviews, but covered in
previous reviews or the original less-than-fair-value (LTFV)
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, previous reviews, or the original
LTFV investigation, but the manufacturer is, the cash deposit rate will
be that established for the most recent period for the manufacturer of
the merchandise; and (4) the cash deposit rate for all other
manufacturers or exporters will continue to be 2.41 percent, the all
others rate established in the LTFV investigation (50 FR 19772, May 10,
1985). These requirements, when imposed, shall remain in effect until
publication of the final results of the next administrative review.
This notice serves as a preliminary 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 new shipper administrative review and this notice are in
accordance with section 751(a)(2)(B) of the Act (19 U.S.C.
1675(a)(2)(B)) and 19 CFR 353.22(h).
Dated: March 7, 1997.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 97-6547 Filed 3-14-97; 8:45 am]
BILLING CODE 3510-DS-M