Certain Fresh Cut Flowers From Mexico; Notice of Final Results of Antidumping Duty Administrative Review, and Revocation of Antidumping Duty Order in Part

DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-601]

Certain Fresh Cut Flowers From Mexico; Notice of Final Results of

Antidumping Duty Administrative Review, and Revocation of Antidumping

Duty Order in Part

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice of Final Results of Antidumping Duty Administrative

Review, and Revocation of Antidumping Duty Order in Part.

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SUMMARY: On January 9, 1998, the Department of Commerce (the

Department) published the preliminary results of its administrative

review of the antidumping duty order on certain fresh cut flowers from

Mexico and intent to revoke in part with respect to respondent Rancho

del Pacifico (Pacifico). This review covers one producer/exporter,

Pacifico, and the period April 1, 1996 through March 31, 1997.

We gave interested parties an opportunity to comment on our

preliminary results; however, we received no comments from interested

parties. We have not changed the results from those presented in the

preliminary results of review. We have also determined to revoke the

order in part, with respect to Pacifico.

EFFECTIVE DATE: May 14, 1998.

FOR FURTHER INFORMATION CONTACT: Elfi Blum or Maureen Flannery, Import

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

Commerce, 14th Street and Constitution Avenue, N.W., Washington D.C.

20230; telephone: (202) 482-0197 or (202) 482-3020, respectively.

Applicable Statute

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. In addition, unless otherwise indicated,

all citations to the Department's regulations are to the regulations as

codified at 19 CFR Part 353 (1996).

SUPPLEMENTARY INFORMATION:

Background

On January 9, 1998, the Department published in the Federal

Register (63 FR 1428) the preliminary results of the administrative

review of the

[[Page 26779]]

antidumping duty order on certain fresh cut flowers from Mexico, 52 FR

13491 (April 23, 1987), wherein we gave notice of our intent to revoke

the order with respect to Pacifico's sales of the subject merchandise.

We did not receive any comments from interested parties.

Scope of the Review

The products covered by this review are certain fresh cut flowers,

defined as standard carnations, standard chrysanthemums, and pompon

chrysanthemums (pompons). During the period of review (POR), such

merchandise was classifiable under the Harmonized Tariff Schedule of

the United States (HTSUS) items 0603.10.7010 (pompons), 0603.10.7020

(standard chrysanthemums), and 0603.10.7030 (standard carnations). The

HTSUS item numbers are provided for convenience and Customs purposes

only. The written description remains dispositive as to the scope of

the order.

This review covers one manufacturer/exporter of fresh cut flowers

from Mexico, Pacifico, and the period April 1, 1996 through March 31,

1997.

Final Results of Review and Revocation of the Order in Part

We determine that the following weighted-average dumping margin

exists:

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

Margin

Manufacturer/exporter Time period (percent)

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

Rancho del Pacifico............... 04/01/96-03/31/97 0.00

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

The Department shall determine, and the U.S. Customs Service shall

assess, antidumping duties on all appropriate entries. The Department

will issue appraisement instructions directly to the U.S. Customs

Service.

We further determine that Pacifico sold fresh cut flowers at not

less than NV for three consecutive review periods, including this

review period, and it is not likely that Pacifico will in the future

sell subject merchandise at less than NV. Additionally, Pacifico has

submitted the required certifications, and has agreed to its immediate

reinstatement in the antidumping duty order, as long as any firm is

subject to the order, if the Department concludes under 19 CFR

353.22(f) that, subsequent to revocation, it sold the subject

merchandise at less than NV. Furthermore, we received no comments from

any interested party contesting the revocation. For these reasons, we

are revoking the order on certain fresh cut flowers from Mexico with

respect to Pacifico in accordance with section 751(d) of the Act and 19

CFR 353.25(a)(2).

This revocation applies to all entries of the subject merchandise

from Pacifico entered, or withdrawn from warehouse, for consumption on

or after April 1, 1997. The Department will order the suspension of

liquidation ended for all such entries and will instruct the Customs

Service to release any cash deposit or bonds. The Department will

further instruct the Customs Service to refund with interest any cash

deposits on entries made on or after April 1, 1997.

The following deposit rates will be effective upon publication of

these final results of administrative review for all shipments of

certain fresh cut flowers from Mexico entered, or withdrawn from

warehouse, for consumption on or after the publication date, as

provided for by section 751 (a)(2)(C) of the Act: (1) 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; (2) if the exporter is not a firm covered in this

review, a prior review, or the original less-than-fair-value

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 (3) for all other producers and/or exporters of

this merchandise, the cash deposit rate shall be the rate established

in the investigation of sales at less than fair value, which is 18.20

percent. See 52 FR 6361 (March 3, 1987). 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 353.25(b) 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)(1). 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 an APO is a sanctionable violation.

This administrative review, revocation in part, 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 and 353.25.

Dated: May 5, 1998.

Robert S. LaRussa,

Assistant Secretary for Import Administration.

[FR Doc. 98-12885 Filed 5-13-98; 8:45 am]

BILLING CODE 3510-DS-P