[Federal Register Volume 64, Number 109 (Tuesday, June 8, 1999)]
[Notices]
[Pages 30487-30488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-14523]


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DEPARTMENT OF COMMERCE

International Trade Administration
[A-301-602]


Certain Fresh Cut Flowers From Colombia: Initiation and 
Preliminary Results of Changed Circumstances Antidumping Duty 
Administrative Review, and Intent To Revoke Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of initiation and preliminary results of changed 
circumstances antidumping duty administrative review, and intent to 
revoke order.

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SUMMARY: In response to a request from Timothy Haley, the Floral Trade 
Council, and the FTC's Committees on Standard Carnations, Miniature 
Carnations, Standard Chrysanthemums, and Pompom Chrysanthemums 
(collectively ``the FTC and its Committees''), the Department of 
Commerce (the Department) is initiating a changed circumstances 
antidumping duty review and is issuing this notice of intent to revoke 
the antidumping duty order on certain fresh cut flowers from Colombia. 
The FTC and its Committees requested that the Department revoke the 
order on certain fresh cut flowers from Colombia retroactive to March 
1, 1997, because they no longer have an interest in maintaining the 
order. The FTC represents a domestic interested party and was the 
petitioner in the less-than-fair-value (LTFV) investigation. We are 
initiating this changed circumstances administrative review and issuing 
this notice of our preliminary determination to revoke the order 
retroactive to March 1, 1997.

EFFECTIVE DATE: June 8, 1999.

FOR FURTHER INFORMATION CONTACT: Rosa Jeong or Marian Wells, Office of 
AD/CVD Enforcement, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, N.W., Washington, DC 20230; telephone (202) 482-
3853 or (202) 482-6309, respectively.

SUPPLEMENTARY INFORMATION:

The Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (the Act), are references to the provisions effective 
January 1, 1995, the effective date of the amendments made to the Act 
by the Uruguay Round Agreements Act (URAA). In addition, unless 
otherwise indicated, all citations to the Department's regulations are 
to the regulations codified at 19 CFR part 351 (1998).

Background

    On May 21, 1999, the FTC and its Committees requested that the 
Department conduct a changed circumstances administrative review to 
revoke the antidumping duty order on certain fresh cut flowers from 
Colombia retroactive to March 1, 1997. The FTC and its Committees 
stated that circumstances have changed such that the FTC and its 
Committees no longer have an interest in maintaining the antidumping 
duty order.
    The FTC and its Committees also requested that, due to the pendency 
of the ongoing administrative reviews of the order, the Department 
initiate and complete the changed circumstances review on an expedited 
basis.

Scope of Review

    The products covered by this changed circumstances review are 
certain fresh cut flowers from Colombia including standard carnations, 
miniature (spray) carnations, standard chrysanthemums, and pompon 
chrysanthemums. These products are currently classifiable under item 
numbers 0603.10.30.00, 0603.10.70.10, 0603.10.70.20, and 0603.10.70.30 
of the Harmonized Tariff Schedule of the United States (HTSUS). 
Although the HTSUS item numbers are provided for convenience and 
customs purposes, the Department's written description of the scope 
remains dispositive.
    This changed circumstances review covers all producers and 
exporters of certain fresh cut flowers from Colombia.

Initiation and Preliminary Results of Changed Circumstances 
Antidumping Duty Administrative Review, and Intent to Revoke Order

    Pursuant to section 751(d)(1) of the Act, the Department may 
revoke, in whole or in part, an antidumping duty order based on a 
review under section 751(b) of the Act (i.e., a changed circumstances 
review). Section 751(b)(1) of the Act requires a changed circumstances 
administrative review to be conducted upon receipt of a request 
containing sufficient information concerning changed circumstances.
    The Department's regulations at 19 CFR 351.216(d) require the 
Department to conduct a changed circumstances administrative review in 
accordance with 19 CFR 351.221 if it decides that changed circumstances 
sufficient to warrant a review exist. Section 782(h) of the Act and 
Sec. 351.222(g)(1)(i) of the Department's regulations provide further 
that the Department may revoke an order, in whole or in part, if it 
concludes that the order under review is no longer of interest to 
domestic interested parties. In addition, in the event that the 
Department concludes that expedited action is warranted, 
Sec. 351.221(c)(3)(ii) of the regulations permits the Department to 
combine the notices of initiation and preliminary results.
    The FTC is a domestic interested party as defined by section 
771(9)(E) of the Act and 19 CFR 351.102(b) and was the petitioner in 
the LTFV investigation of this proceeding. Therefore, based on the 
affirmative statement by the FTC and its Committees of no interest in 
the continued application of the antidumping duty order on certain 
fresh cut flowers from Colombia, we are initiating this changed 
circumstances review. Further, based on the request by the FTC and its 
Committees and their affirmative statement of no interest, we have 
determined that expedited action is warranted, and we are combining 
these notices of initiation and preliminary results. We have 
preliminarily determined that there are changed circumstances 
sufficient to warrant revocation of the order in whole. We are hereby 
notifying the public of our intent to revoke in whole the antidumping 
duty order on certain fresh cut flowers from Colombia retroactive to 
March 1, 1997.
    In the event this revocation is made final, the Department will 
terminate the administrative reviews covering the following periods: 
March 1, 1997, through February 28, 1998 (initiated on April 21, 1998 
(63 FR 19709)); March 1, 1998, through February 28, 1999 (initiated on 
April 30, 1999 (64 FR 23269)).
    If final revocation of the order occurs, we intend to instruct the 
Customs Service to end the suspension of liquidation and to refund any 
estimated antidumping duties collected for all unliquidated entries of 
certain fresh cut flowers from Colombia on or after March 1, 1997, in 
accordance with 19 CFR 351.222(g)(4). We will also instruct the Customs 
Service to pay interest on such refunds in accordance with section 778 
of the Act. The current requirement for a cash deposit of estimated 
antidumping duties will continue until

[[Page 30488]]

publication of the final results of this changed circumstances review.

Public Comment

    Any interested party may request a hearing within 10 days of 
publication of this notice. Any hearing, if requested, will be held no 
later than 28 days after the date of publication of this notice. 
Written comments from interested parties may be submitted not later 
than 14 days after the date of publication of this notice. Rebuttal 
comments to written comments, limited to issues raised in those 
comments, may be filed not later than 21 days after the date of 
publication of this notice. All written comments shall be submitted in 
accordance with 19 CFR 351.303. Persons interested in attending the 
hearing should contact the Department for the date and time of the 
hearing. The Department will publish the final results of this changed 
circumstances review, including the results of its analysis of issues 
raised in any written comments.
    This notice is in accordance with section 751(b)(1) of the Act and 
19 CFR 351.216 and 351.222.

    Dated: June 1, 1999.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 99-14523 Filed 6-7-99; 8:45 am]
BILLING CODE 3510-DS-P