Fresh Kiwifruit From New Zealand: Initiation and Preliminary Results of Changed Circumstances Review and Intent To Revoke Order, and Rescission of Antidumping Duty Administrative Review

DEPARTMENT OF COMMERCE

International Trade Administration

[A-614-801]

Fresh Kiwifruit From New Zealand: Initiation and Preliminary

Results of Changed Circumstances Review and Intent To Revoke Order, and

Rescission of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice of initiation and preliminary results of changed

circumstances review and intent to revoke order, and rescission of

antidumping duty administrative review.

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SUMMARY: In response to a request from the petitioner, the California

Kiwifruit Commission, the Department of Commerce (the Department) is

initiating a changed circumstances review and is issuing this notice of

intent to revoke the antidumping duty order on fresh kiwifruit from New

Zealand. The petitioner requested that the Department revoke the order

on fresh kiwifruit from New Zealand retroactive to June 1, 1997,

because it no longer has an interest in maintaining the order. The

California Kiwifruit Commission is a domestic interested party and was

the petitioner in the less-than-fair-value (LTFV)

[[Page 45509]]

investigation. We are initiating this changed circumstances review and

issuing this notice of our preliminary determination to revoke the

order retroactive to June 1, 1997. In addition, in response to the

respondent's withdrawal of its request for the present (sixth)

administrative review, the Department is rescinding the sixth

administrative review of the order.

EFFECTIVE DATE: August 20, 1999.

FOR FURTHER INFORMATION CONTACT: Sunkyu Kim or John P. Maloney, Jr.,

Office 2, AD/CVD Enforcement Group I, Import Administration-Room B099,

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

Street and Constitution Avenue, NW, Washington, DC 20230; telephone

(202) 482-2613 or (202) 482-1503, 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 (April 1998).

Background

On July 30, 1999, the petitioner, the California Kiwifruit

Commission, requested that the Department conduct a changed

circumstances review to revoke the antidumping duty order on fresh

kiwifruit from New Zealand retroactive to June 1, 1997. The petitioner

stated that circumstances have changed such that the petitioner no

longer has an interest in maintaining the antidumping duty order. On

August 5, 1999, the petitioner submitted a supplement to its request

indicating that it represents all kiwifruit growers in California and

virtually all commercial growers of kiwifruit in the United States.

The petitioner also requested that, due to the pendency of the

ongoing administrative review of the order, the Department initiate and

complete the changed circumstances review on an expedited basis.

On July 14, 1999, the New Zealand Kiwifruit Marketing Board

(NZKMB), the sole respondent in this proceeding, filed a withdrawal of

its request for an administrative review of the June 1, 1997, through

May 31, 1998, review period (the sixth review), and requested that the

Department rescind the sixth review. Given that the respondent's

withdrawal and rescission request was filed after the 90-day period for

withdrawing a request for a review, the respondent asked the Department

to exercise its regulatory discretion to rescind the sixth review.

Scope of Review

The product covered by this review is fresh kiwifruit. Processed

kiwifruit, including fruit jams, jellies, pastes, purees, mineral

waters, or juices made from or containing kiwifruit are not covered

under the scope of this review. This merchandise is currently

classifiable under Harmonized Tariff Schedule of the United States

(HTSUS) subheading 0810.90.20.60. Although the HTSUS subheading is

provided for convenience and customs purposes, the written description

of the scope of this proceeding is dispositive.

Initiation and Preliminary Results of Changed Circumstances 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

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 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 19 CFR

351.222(g)(1)(i) 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 producers accounting for substantially all

of the production of the domestic like product. In addition, in the

event that the Department concludes that expedited action is warranted,

19 CFR 351.221(c)(3)(ii) permits the Department to combine the notices

of initiation and preliminary results.

The California Kiwifruit Commission 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. We

preliminarily determine that the California Kiwifruit Commission

represents producers accounting for substantially all of the production

of the domestic like product. Therefore, based on the affirmative

statement by the California Kiwifruit Commission of no interest in the

continued application of the antidumping duty order on fresh kiwifruit

from New Zealand, we are initiating this changed circumstances review.

Further, based on the request by the petitioner and its affirmative

statement of no interest dating back to June 1, 1997, 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 fresh kiwifruit from New Zealand retroactive to June 1,

1997.

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

fresh kiwifruit from New Zealand on or after June 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 publication of the final results

of this changed circumstances review.

Rescission of Administrative Review

On July 14, 1999, NZKMB withdrew its request for review in the

sixth review period (June 1, 1997, through May 31, 1998). In accordance

with 19 CFR 351.213(d)(1), we are rescinding this review because NZKMB

withdrew its request for a review and no other interested party

requested that NZKMB be reviewed. Although NZKMB did not file its

withdrawal request within 90 days of the publication of initiation of

the requested review, we are exercising the discretion to extend that

time limit afforded by 19 CFR 351.213(d)(1). That section allows the

Department to rescind a review after 90 days when it is reasonable to

do so. In this case, the petitioner concomitantly has filed a request

for a changed circumstances review and revocation of the order based on

a lack of domestic interest dating back to June 1, 1997, the month the

request was filed for the sixth review. Given the lack of domestic

interest prior to the date of initiation of the sixth review, we have

determined that it is reasonable to rescind the sixth review based on

NZKMB's filing of a withdrawal of its request for a review on July 14,

1999.

[[Page 45510]]

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: August 13, 1999.

Robert S. LaRussa,

Assistant Secretary for Import Administration.

[FR Doc. 99-21715 Filed 8-19-99; 8:45 am]

BILLING CODE 3510-DS-P