Certain Fresh Cut Flowers From Colombia: Final Results of Changed Circumstances Antidumping Duty Administrative Review; Revocation of Order

DEPARTMENT OF COMMERCE

International Trade Administration

[A-301-602]

Certain Fresh Cut Flowers From Colombia: Final Results of Changed

Circumstances Antidumping Duty Administrative Review; Revocation of

Order

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice of final results of changed circumstances antidumping

duty administrative review, and revocation of antidumping duty order.

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SUMMARY: On June 8, 1999, the Department of Commerce published a notice

of initiation of a changed circumstances antidumping duty

administrative review and preliminary results of review with intent to

revoke the antidumping duty order on certain fresh cut flowers from

Colombia. We are now revoking this order, retroactive to March 1, 1997,

based on the fact that domestic parties no longer have an interest in

maintaining the antidumping duty order.

EFFECTIVE DATE: July 20, 1999.

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

AD/CVD Enforcement, Import

[[Page 38888]]

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

Commerce, 14th Street and Constitution Avenue, NW, 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 of Commerce's (the

Department's) regulations are to the regulations codified at 19 CFR

Part 351 (1998).

Background

On May 21, 1999, Timothy Haley, the president of Pikes Peak

Greenhouses, a domestic wholesaler of the subject merchandise; 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'') requested

that the Department of Commerce 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 they no longer have an interest in

maintaining the antidumping duty order. The FTC is a domestic

interested party and was the petitioner in the less-than-fair-value

(LTFV) investigation of this proceeding.

We preliminarily determined that the affirmative statement of no

interest by the domestic interested party constituted changed

circumstances sufficient to warrant revocation of this order.

Consequently, on June 8, 1999, we published a notice of initiation of a

changed circumstances antidumping duty administrative review and

preliminary results of review with intent to revoke order (64 FR

30487). We invited interested parties to comment on the preliminary

results of this changed circumstances review. We received no comments.

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.

Final Results of Changed Circumstances Antidumping Duty

Administrative Review; Revocation of 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 section

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.

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. Based on the affirmative

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

application of the order and the fact that no interested parties

objected to or otherwise commented on our preliminary results of this

review, we determine that there are changed circumstances sufficient to

warrant revocation of the order. Therefore, the Department is revoking

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

retroactive to March 1, 1997.

As the result of the revocation, the Department is terminating 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)).

In accordance with 19 CFR 351.222(g)(4), we will 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. We

will also instruct the Customs Service to pay interest on such refunds

in accordance with section 778 of the Act.

This changed circumstances administrative review, revocation of the

antidumping duty order and notice are in accordance with sections

751(b), 751(d) and 782(h) of the Act and 19 CFR 351.216 and 351.222.

Dated: July 13, 1999.

Richard W. Moreland,

Acting Assistant Secretary for Import Administration.

[FR Doc. 99-18462 Filed 7-19-99; 8:45 am]

BILLING CODE 3510-DS-P