Fresh Kiwifruit From New Zealand; Amended Final Results of Antidumping Administrative Review

DEPARTMENT OF COMMERCE

[A-614-801]

Fresh Kiwifruit From New Zealand; Amended Final Results of

Antidumping Administrative Review

Date: December 8, 1994.

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice of Amendment of Final Results of Antidumping Duty

Administrative Review.

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SUMMARY: We are amending the final results of the administrative review

of the antidumping duty order on fresh kiwifruit from New Zealand

published on September 22, 1994, to reflect the correction of

ministerial errors made in the margin calculations in those final

results. We are publishing this amendment to the final results in

accordance with 19 CFR 353.28(c).

EFFECTIVE DATES: December 19, 1994.

FOR FURTHER INFORMATION CONTACT:

Ann Ngo or Thomas F. Futtner, Office of Antidumping compliance, Import

Administration, International Trade Administration, U.S. Department of

Commerce, 14th Street and Constitution Avenue, NW., Washington, DC

20230; telephone (202) 482-5346 or 482-3814, respectively.

Background

The review covers one exporter, the New Zealand Kiwifruit Marketing

Board (NZKMB), and the period November 27, 1991, through May 31, 1993.

The Department of Commerce (the Department) published the preliminary

results on May 6, 1994 (59 FR 23691) and the final results on September

22, 1994 (59 FR 48596) of its administrative review of the antidumping

duty order on fresh kiwifruit from New Zealand.

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.

Amendment of Final Results

On October 18, 1994, NZKMB alleged that the Department made

clerical errors in its final results of review. First, NZKMB argued

that the Department used an incorrect data set when calculating third-

country weighted-average prices. Second, NZKMB argued that in

calculating foreign market value the Department used an incorrect

amount for third-country packing costs. Third, NZKMB argued that the

Department failed to use the correct quantity adjustment information

for U.S. sales in its calculations.

Petitioners, the California Kiwifruit Commission, have argued that

the respondent's allegation of clerical errors submitted on October 18,

1994, was untimely because it was based on a computer program provided

at the disclosure on October 5, 1994 (see 19 CFR 353.28(b)).

We disagree with petitioners that the respondent's submission

alleging clerical error was untimely. The disclosure documents released

by the Department to the respondent on October 5, 1994, did not include

the computer program for the calculation of the weighted-average third-

country price and therefore were incomplete. This computer program was

then provided to the respondent on October 11, 1994. Thus, full

disclosure occurred on October 11, 1994. Therefore, in accordance with

19 CFR 353.28(6), the deadline for submission of allegations of

clerical errors regarding our calculations was October 18, 1994. We

received the respondent's allegation of clerical errors in a timely

fashion on October 18, 1994, and have therefore analyzed it and amended

our calculations accordingly. Specifically, we: (1) Amended the

calculations to use the correct data set in the calculation of third-

country weighted-average prices, (2) revised third-country packing

costs, (3) corrected the results for the quantity adjustment

information for U.S. sales.

Final Results of Review

Upon review of comments submitted, the Department has determined

that the following margin exists for the period November 27, 1991,

through May 31, 1993:

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Margin

Manufacturer/Exporter (percent)

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New Zealand Kiwifruit Marketing Board........................ 10.18

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The Customs Service shall assess antidumping duties on all

appropriate entries. Individual differences between U.S. price and

foreign market value 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, entered, or withdrawn

from warehouse, for consumption on or after the publication date of

these amended final results of administrative review, as provided for

by section 751(a)(1) of the Tariff Act of 1930, as amended (the Act):

(1) The cash deposit rate for the reviewed firm will be 10.18%; and (2)

the cash deposit rate for merchandise exported by all other

manufacturers and exporters who are not covered by this review will be

the ``all others'' rate of 98.60 percent established in the less-than-

fair-value investigation, in accordance with 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 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(f) of the Act (19 U.S.C. 1673(d)) and 19 CFR 353.28(c).

Dated: December 8, 1994.

Paul L. Joffe,

Deputy Assistant Secretary for Import Administration.

[FR Doc. 94-31140 Filed 12-16-94; 8:45 am]

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