Certain Fresh Cut Flowers From Colombia; Amended Final Results of Antidumping Duty Administrative Review

DEPARTMENT OF COMMERCE

International Trade Administration

[A-301-602]

Certain Fresh Cut Flowers From Colombia; Amended Final Results of

Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice of amended final results of antidumping duty

administrative review.

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SUMMARY: On October 14, 1997, the Department of Commerce (the

Department) published the final results and partial rescission of the

ninth administrative review of the antidumping duty order on certain

fresh cut flowers from Colombia (62 FR 53287). Based on the correction

of ministerial errors made in those final results with respect to two

manufacturer/exporters, and the subsequent changes in duty absorption

amounts and the rate for non-selected respondents, we are publishing

this amendment to the final results in accordance with 19 CFR

353.28(c).

EFFECTIVE DATE: December 9, 1997.

FOR FURTHER INFORMATION CONTACT: Cynthia Thirumalai or Zak Smith,

Office 1, Group 1, AD/CVD Enforcement, Import Administration,

International Trade Administration, U.S. Department of Commerce, 14th

Street and Constitution Avenue, N.W., Washington, D.C. 20230; telephone

(202) 482-4087 and (202) 482-1279, respectively.

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 Act

by the Uruguay Round Agreements Act (URAA). In addition, unless

otherwise indicated, all citations to the Department's regulations are

to those codified at 19 CFR Part 353 (April 1997).

SUPPLEMENTARY INFORMATION:

Background

On October 14, 1997, we published a notice of Final Results and

Partial Rescission of Antidumping Duty Administrative Review (Final

Results). We received timely allegations of ministerial errors made in

the final results by Hosa Ltda (Hosa) and Maxima Farms Group (Maxima)

on October 22 & 23, 1997, respectively.

Scope of Review

Imports covered by these reviews are shipments of certain fresh cut

flowers from Colombia (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 (HTS). The HTS item numbers are provided for

convenience and Customs purposes. The written description of the scope

of this order remains dispositive.

Alleged Ministerial Errors

Hosa

Issue 1: Calculation of CEP Profit

In our final results, HOSA claims that the Department erred by

failing to include indirect selling expenses incurred in Colombia in

calculating constructed export price (CEP) profit.

DOC Position: We agree with HOSA that we failed to include indirect

selling expenses incurred in Colombia in calculating CEP profit. We

intended to include indirect selling expenses and have made this

correction for the amended final results. We note that this omission

was unique to HOSA.

Issue 2: Returned Flowers

HOSA alleges that the Department erred in its calculation of costs

associated with returned flowers. HOSA claims that the Department

should have used cost of production (COP) rather than constructed value

(CV), because CV includes an amount for profit.

DOC Position: The question of whether to use CV or COP is a

methodological issue. Our use of CV in this calculation was

intentional. Therefore, in accordance with 19 CFR 353.28(d), we do not

consider this to be a ministerial error (see, 19 CFR 353.28(d) (1996)).

Issue 3: Calculation of Indirect Selling Expenses

While reviewing the above allegations, we discovered an additional

ministerial error. When generating the multiplier used in the

calculation of indirect selling expenses for CV we did not use the

correct number of minicarnations sold in all markets. We have corrected

this error.

Maxima

Issue 1: Calculation of Number of Stems of Export-Quality Standard

Carnations Sold

Maxima alleges that we failed to increase the number of export-

quality stems of standard carnations sold to reflect information

obtained at verification regarding home market sales.

DOC Position: We agree with Maxima that the number of stems of

export-quality standard carnations sold should be increased by the

number of stems sold in the home market. We intended to increase the

number pursuant to information gathered at verification and have

corrected this error in these amended final results.

Issue 2: Input of Monthly Number of Stems of Minicarnations

Transshipped to Third Country

Maxima claims that the final digits of the monthly volumes of

minicarnations transshipped through the United States were omitted.

DOC Position: We agree with Maxima and have made this correction in

these amended final results.

Duty Absorption

As a result of correcting these ministerial errors, the amount of

U.S. sales through affiliated importers has also changed:

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

Percentage

of U.S.

affiliated

Name of company importer

sales with

margins

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

Hosa....................................................... 15.83

Maxima..................................................... 31.61

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Amended Final Results of Review

As a result of these amended final results, we determine the

following percentage weighted-average margins to exist for Hosa and

Maxima (both selected respondents) for the period of review (March 1,

1995 through February 29, 1996):

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Percent

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Hosa Group................................................. 2.01

[[Page 64803]]

Horticultura de la Sabana S.A.

Hosa Ltda.

Innovacion Andina S.A.

Minispray S.A.

ProHosa Ltda.

Maxima Farms Group......................................... 3.02

Agricola los Arboles S.A.

Colombian D.C. Flowers

Polo Flowers

Rainbow Flowers

Maxima Farms Inc.

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Based on the above, the new rate for those companies not selected

as respondents is 2.25 percent.

These amended final results of administrative review and notice are

in accordance with section 751(a)(1) of the Act.

Dated: December 2, 1997.

Robert S. LaRussa,

Assistant Secretary for Import Administration.

[FR Doc. 97-32211 Filed 12-8-97; 8:45 am]

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