Certain Fresh Cut Flowers From Colombia: Initiation and Preliminary Results of Changed Circumstances Antidumping Duty Administrative Review, and Intent To Revoke Order

DEPARTMENT OF COMMERCE

International Trade Administration

[A-301-602]

Certain Fresh Cut Flowers From Colombia: Initiation and

Preliminary Results of Changed Circumstances Antidumping Duty

Administrative Review, and Intent To Revoke Order

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice of initiation and preliminary results of changed

circumstances antidumping duty administrative review, and intent to

revoke order.

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

SUMMARY: In response to a request from Timothy Haley, the Floral Trade

Council, and the FTC's Committees on Standard Carnations, Miniature

Carnations, Standard Chrysanthemums, and Pompom Chrysanthemums

(collectively ``the FTC and its Committees''), the Department of

Commerce (the Department) is initiating a changed circumstances

antidumping duty review and is issuing this notice of intent to revoke

the antidumping duty order on certain fresh cut flowers from Colombia.

The FTC and its Committees requested that the Department revoke the

order on certain fresh cut flowers from Colombia retroactive to March

1, 1997, because they no longer have an interest in maintaining the

order. The FTC represents a domestic interested party and was the

petitioner in the less-than-fair-value (LTFV) investigation. We are

initiating this changed circumstances administrative review and issuing

this notice of our preliminary determination to revoke the order

retroactive to March 1, 1997.

EFFECTIVE DATE: June 8, 1999.

FOR FURTHER INFORMATION CONTACT: Rosa Jeong or Marian Wells, Office of

AD/CVD Enforcement, Import Administration, International Trade

Administration, U.S. Department of Commerce, 14th Street and

Constitution Avenue, N.W., Washington, DC 20230; telephone (202) 482-

3853 or (202) 482-6309, respectively.

SUPPLEMENTARY INFORMATION:

The Applicable Statute and Regulations

Unless otherwise indicated, all citations to the Tariff Act of

1930, as amended (the Act), 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 the regulations codified at 19 CFR part 351 (1998).

Background

On May 21, 1999, the FTC and its Committees requested that the

Department conduct a changed circumstances administrative review to

revoke the antidumping duty order on certain fresh cut flowers from

Colombia retroactive to March 1, 1997. The FTC and its Committees

stated that circumstances have changed such that the FTC and its

Committees no longer have an interest in maintaining the antidumping

duty order.

The FTC and its Committees also requested that, due to the pendency

of the ongoing administrative reviews of the order, the Department

initiate and complete the changed circumstances review on an expedited

basis.

Scope of Review

The products covered by this changed circumstances review are

certain fresh cut flowers from Colombia including 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 of the United States (HTSUS).

Although the HTSUS item numbers are provided for convenience and

customs purposes, the Department's written description of the scope

remains dispositive.

This changed circumstances review covers all producers and

exporters of certain fresh cut flowers from Colombia.

Initiation and Preliminary Results of Changed Circumstances

Antidumping Duty Administrative Review, and Intent to Revoke Order

Pursuant to section 751(d)(1) of the Act, the Department may

revoke, in whole or in part, an antidumping duty order based on a

review under section 751(b) of the Act (i.e., a changed circumstances

review). Section 751(b)(1) of the Act requires a changed circumstances

administrative review to be conducted upon receipt of a request

containing sufficient information concerning changed circumstances.

The Department's regulations at 19 CFR 351.216(d) require the

Department to conduct a changed circumstances administrative review in

accordance with 19 CFR 351.221 if it decides that changed circumstances

sufficient to warrant a review exist. Section 782(h) of the Act and

Sec. 351.222(g)(1)(i) of the Department's regulations provide further

that the Department may revoke an order, in whole or in part, if it

concludes that the order under review is no longer of interest to

domestic interested parties. In addition, in the event that the

Department concludes that expedited action is warranted,

Sec. 351.221(c)(3)(ii) of the regulations permits the Department to

combine the notices of initiation and preliminary results.

The FTC is a domestic interested party as defined by section

771(9)(E) of the Act and 19 CFR 351.102(b) and was the petitioner in

the LTFV investigation of this proceeding. Therefore, based on the

affirmative statement by the FTC and its Committees of no interest in

the continued application of the antidumping duty order on certain

fresh cut flowers from Colombia, we are initiating this changed

circumstances review. Further, based on the request by the FTC and its

Committees and their affirmative statement of no interest, we have

determined that expedited action is warranted, and we are combining

these notices of initiation and preliminary results. We have

preliminarily determined that there are changed circumstances

sufficient to warrant revocation of the order in whole. We are hereby

notifying the public of our intent to revoke in whole the antidumping

duty order on certain fresh cut flowers from Colombia retroactive to

March 1, 1997.

In the event this revocation is made final, the Department will

terminate the administrative reviews covering the following periods:

March 1, 1997, through February 28, 1998 (initiated on April 21, 1998

(63 FR 19709)); March 1, 1998, through February 28, 1999 (initiated on

April 30, 1999 (64 FR 23269)).

If final revocation of the order occurs, we intend to instruct the

Customs Service to end the suspension of liquidation and to refund any

estimated antidumping duties collected for all unliquidated entries of

certain fresh cut flowers from Colombia on or after March 1, 1997, in

accordance with 19 CFR 351.222(g)(4). We will also instruct the Customs

Service to pay interest on such refunds in accordance with section 778

of the Act. The current requirement for a cash deposit of estimated

antidumping duties will continue until

[[Page 30488]]

publication of the final results of this changed circumstances review.

Public Comment

Any interested party may request a hearing within 10 days of

publication of this notice. Any hearing, if requested, will be held no

later than 28 days after the date of publication of this notice.

Written comments from interested parties may be submitted not later

than 14 days after the date of publication of this notice. Rebuttal

comments to written comments, limited to issues raised in those

comments, may be filed not later than 21 days after the date of

publication of this notice. All written comments shall be submitted in

accordance with 19 CFR 351.303. Persons interested in attending the

hearing should contact the Department for the date and time of the

hearing. The Department will publish the final results of this changed

circumstances review, including the results of its analysis of issues

raised in any written comments.

This notice is in accordance with section 751(b)(1) of the Act and

19 CFR 351.216 and 351.222.

Dated: June 1, 1999.

Robert S. LaRussa,

Assistant Secretary for Import Administration.

[FR Doc. 99-14523 Filed 6-7-99; 8:45 am]

BILLING CODE 3510-DS-P