Red Raspberries From Canada; Final Results of New Shipper Antidumping Duty Administrative Review

DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-401]

Red Raspberries From Canada; Final Results of New Shipper

Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice of final results of New Shipper Review Antidumping Duty

Administrative Review.

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SUMMARY: On March 17, 1997, the Department of Commerce (the Department)

published the preliminary results of a new shipper administrative

review of the antidumping duty order on red raspberries from Canada (62

FR 12599). The review covers sales to the United States by one

exporter/processor of the subject merchandise, Berryhill Foods, Inc.

(Berryhill), during the period June 1, 1995 through May 31, 1996.

We gave interested parties an opportunity to comment on our

preliminary results and no comments were received. Therefore, the final

results remain unchanged from the preliminary results. The final

weighted-

[[Page 24419]]

average dumping margin for the reviewed firm is listed below in the

section entitled ``Final Results of Review.''

EFFECTIVE DATE: May 5, 1997.

FOR FURTHER INFORMATION CONTACT:

James Doyle, Lisa Yarbrough or Abdelali Elouaradia, AD/CVD Enforcement,

Group III, Import Administration, International Trade Administration,

U.S. Department of Commerce, 14th Street and Constitution Avenue, NW.,

Washington, DC 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

On March 17, 1997, the Department issued preliminary results of its

new shipper review (62 FR 12599) of the antidumping duty order on red

raspberries from Canada (50 FR 26019, June 24, 1985). We invited

interested parties to comment and received no comments. The Department

has now conducted this review in accordance with section 751 of the Act

and section 353.22 of its regulations.

Scope of the Review

The merchandise covered by this review are shipments of fresh and

frozen red raspberries packed in bulk containers and suitable for

further processing. The subject merchandise is currently classifiable

under the Harmonized Tariff Schedule of the United States (HTSUS) item

numbers 0810.20.90, 0810.20.10, 0811.20.20. The HTS item numbers are

provided for convenience and Customs purposes. The written description

remains dispositive.

Final Results of Review

The final results remain unchanged from the preliminary results as

the Department used the same methodology described in the preliminary

results. As a result of our comparison of export price and constructed

export price to normal value, we determine that the following weighted-

average dumping margin exists:

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Exporter/processor Period Margin

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Berryhill................................ 06/01/95-05/31/96 1.56

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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. 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 regulations, will no longer be permitted for this firm.

The Department will issue appraisement instructions directly to the US

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 final results of this administrative review, as provided for by

section 751(a)(2)(C) of the Act: (1) The cash deposit rate for this

reviewed company will be 1.56%; (2) for exporters/processors not

covered in this review, but covered in previous reviews or the original

less-than-fair-value (LTFV) in investigation, the cash deposit rate

will continue to be the company-specific rate published for the most

recent period; (3) if the exporter/processor is not a firm covered by

this review, previous reviews, or the original 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 exporters/processors or

manufacturers not previously reviewed will continue to be 2.41%, the

``All Others'' rate from the LTFV investigation.

These deposit requirements shall remain in effect until publication

of the final results of the next administrative review.

This notice 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 notice also serves as a reminder to parties subject to

administrative protective orders (APOs) of their responsibility

concerning the disposition of proprietary information disclosed under

APO in accordance with 19 CFR 353.34(d)(1). Timely written notification

of the return/destruction of APO materials or conversion to judicial

protective order is hereby requested. Failure to comply with the

regulations and the terms of an APO is a sanctionable violation.

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: April 24, 1997.

Robert S. LaRussa,

Acting Assistant Secretary for Import Administration.

[FR Doc. 97-11657 Filed 5-2-97; 8:45 am]

BILLING CODE 3510-DS-M