Fresh Kiwifruit From New Zealand; Results of Antidumping Administrative Review

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