Red Raspberries From Canada; Final Results of the Antidumping Duty Administrative Review, and Revocation in Part of the Antidumping Duty Order

DEPARTMENT OF COMMERCE

[A-122-401]

Red Raspberries From Canada; Final Results of the Antidumping

Duty Administrative Review, and Revocation in Part of the Antidumping

Duty Order

AGENCY: International Trade Administration/Import Administration

Department of Commerce.

ACTION: Red Raspberries from Canada--Notice of Final Results of the

Antidumping Duty Administrative Review, and Revocation in Part of the

Antidumping Duty Order.

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SUMMARY: On December 15, 1993, the Department of Commerce (the

Department) published the preliminary results of its administrative

review of the antidumping duty order on red raspberries from Canada (58

FR 65577). We have now completed this review and determine the margin

to be zero for Clearbrook Packers Inc. (Clearbrook) and Valley Berries

during the period June 1, 1991 through May 31, 1992. We also determine

that Clearbrook has met the requirements for revocation.

EFFECTIVE DATE: March 23, 1994.

FOR FURTHER INFORMATION CONTACT: Sylvia Chadwick or Rick Herring,

Office of Countervailing Compliance, International Trade

Administration, U.S. Department of Commerce, Washington, DC 20230;

telephone: (202) 482-2786.

SUPPLEMENTARY INFORMATION:

Background

On December 15, 1993, the Department of Commerce (the Department)

published in the Federal Register (58 FR 65577) (Prelim), the notice of

preliminary results of its administrative review of the antidumping

duty order on certain red raspberries from Canada (50 FR 26019; June

24, 1985) for the period June 1, 1991 through May 31, 1992. We gave

interested parties an opportunity to comment on the preliminary

results. We received no comments. The Department has now completed this

administrative review in accordance with section 751 of the Tariff Act

of 1930, as amended (the Act).

The review initially covered four processors/exporters. We

terminated the review of Universal Packers Inc. and Mukhtiar & Sons

Packers Ltd. because the companies withdrew their requests for review

on a timely basis in accordance with Sec. 353.22(a)(5) of the Commerce

regulations. For the remaining two companies, we found zero margins.

Scope of the Review

Imports covered by this review are shipments of fresh and frozen

red raspberries packed in bulk containers and suitable for further

processing. These products are classifiable under the Harmonized Tariff

Schedule (HTS) 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.

Final Results of the Review

As a result of our comparison of United States price to foreign

market value (FMV), as discussed in the preliminary results of our

review, we determine that the following margins exist for the review

period:

------------------------------------------------------------------------

Margin

(percent)

Processor/Exporters 6/1/91-5/

31/92

------------------------------------------------------------------------

Clearbrook................................................... 0

Valley Berries............................................... 0

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Based on information submitted by Clearbrook during this and two

previous reviews (see, Final Results of Administrative Reviews at 57 FR

49686; November 3, 1992, and 56 FR 37527; August 7, 1991), we further

determine that Clearbrook has met the requirements for revocation set

forth in sections 353.25(a)(2) and 353.25(b) of the Department

regulations. Clearbrook has demonstrated three consecutive years of

sales at not less than foreign market value and has submitted the

certifications required under 19 CFR 353.25(b)(1). The Department

conducted a verification of Clearbrook as required under 19 CFR

353.25(c)(2)(ii).

On the basis of no sales at less than foreign market value for a

period of three consecutive years, and the lack of any indication that

such sales are likely, the Department concludes that Clearbrook is not

likely to sell subject merchandise at less than foreign market value in

the future. Therefore, the Department is revoking the order with

respect to Clearbrook.

The Department will instruct the Customs Service to assess

antidumping duties on all appropriate entries. With respect to

Clearbrook's entries, the Department will instruct Customs to terminate

suspension of liquidation, to liquidate the entries without regard to

antidumping duties, and to cease collecting cash deposits.

Furthermore, the following deposit requirements will be effective

upon publication of this notice of final results of administrative

review for all shipments of the subject merchandise, entered, or

withdrawn from warehouse, for consumption on or after the publication

date, as provided for by section 751(a)(1) of the Act: (1) The cash

deposit rate for the reviewed company other than Clearbrook, will be as

outlined above; (2) for previously reviewed or investigated companies

not listed above, 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, a prior review, or the

original less-than-fair-value (LTFV) investigation, but the

manufacturer is, the cash deposit rate will be the rate 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 be

2.41 percent, the ``all others'' rate established in the LTFV

investigation (50 FR 26019; June 24, 1985), in accordance with the

decisions of the Court of International Trade in Floral Trade Council

v. United States, Slip Op. 93-79, and Federal-Mogul Corporation v.

United States, Slip Op. 93-83 (see Prelim, 58 FR at 65578).

These deposit requirements, when imposed, shall remain in effect

until publication of the final results of the next administrative

review.

This notice also serves as a 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 administrative review and notice are in accordance with

section 751(a)(1)(B) of the Act (19 U.S.C. 1675(a)(1)(B)) and 19 CFR

353.22 and 353.25.

Dated: March 4, 1994.

Joseph A. Spetrini,

Acting Assistant Secretary for Import Administration.

[FR Doc. 94-6840 Filed 3-22-94; 8:45 am]

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