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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-331-602]

Certain Fresh Cut Flowers From Ecuador: 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 Floral Trade Council's Committees on Standard

Carnations, Standard Chrysanthemums, and Pompom Chrysanthemums, the

Department of Commerce 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 Ecuador

with respect to all unliquidated entries of subject merchandise

entered, or withdrawn from warehouse, for consumption on or after March

1, 1997.

[[Page 48982]]

Interested parties are invited to comment on these preliminary results

and intent to revoke.

EFFECTIVE DATE: September 9, 1999.

FOR FURTHER INFORMATION CONTACT: Suzanne Flood or Edythe Artman, Office

of AD/CVD Enforcement, Import Administration, International Trade

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

Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482-0665

or (202) 482-3931, 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 August 27, 1999, Timothy Haley, the Floral Trade Council (FTC),

and the FTC's Committees on standard carnations, standard

chrysanthemums, and pompom chrysanthemums (the FTC and its Committees)

requested that the Department of Commerce (the Department) conduct a

changed-circumstances administrative review to revoke the antidumping

duty order on certain fresh cut flowers from Ecuador retroactive to

March 1, 1997. The FTC was the petitioner in the less-than-fair-value

investigation and its Committees are composed of domestic producers of

the like product. The FTC and its Committees stated that circumstances

have changed such that they no longer have an interest in maintaining

the antidumping duty order, and it is their expectation that all

interested parties will agree to revocation.

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 Ecuador including standard carnations,

standard chrysanthemums, and pompon chrysanthemums. These products are

currently classifiable under item numbers 0603.10.70.10, 0603.10.70.20,

and 0603.10.70.30, respectively, of the Harmonized Tariff Schedule of

the United States (HTSUS). Although the HTSUS item numbers are provided

for convenience and for customs purposes, the Department's written

description of the scope remains dispositive.

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) provide that the

Department will conduct a changed-circumstances administrative review

in accordance with 19 CFR 351.221, if it decides that changed

circumstances exist that are sufficient to warrant a review. 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 is no longer of

interest to domestic interested parties. Therefore, an expression of no

interest by domestic producers constitutes sufficient evidence of

changed circumstances to warrant review. In addition, in the event that

the Department concludes that expedited action is warranted, section

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

the notices of initiation and of preliminary results.

The FTC and its Committees are domestic interested parties as

defined by section 771(9)(E) of the Act and 19 CFR 351.102(b).

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 Ecuador, we

are initiating this changed-circumstances review. Further, based on the

affirmative statement of no interest by the FTC and its Committees, we

have determined that expedited action is warranted, and we are

therefore combining the notices of initiation and of preliminary

results.

Based on the affirmative statement of no interest by the FTC and

its Committees, we preliminarily determine that there are changed

circumstances sufficient to warrant revocation of the entire order. We

are hereby notifying the public of our intent to revoke the antidumping

duty order on certain fresh cut flowers from Ecuador absent objections

by domestic producers sufficient to establish that the criteria of

section 782(h) of the Act have not been met.

In the event that we make a final determination to revoke, the

Department will terminate the administrative reviews covering the

following periods: March 1, 1997, through February 28, 1998 (initiated

on April 24, 1998 (63 FR 20378)); 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 Ecuador entered, or withdrawn from

warehouse, for consumption 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. The current requirement for a

cash deposit of estimated antidumping duties will continue until

further notice.

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 24 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, which are limited to issues raised in

those comments, may not be filed later than 20 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

that are raised in any written comments.

We are issuing and publishing this notice in accordance with

sections 751(b)(1) and 777(i)(1) of the Act and sections 351.216 and

351.222 of the Department's regulations.

Dated: September 3, 1999.

Richard W. Moreland,

Acting Assistant Secretary for Import Administration.

[FR Doc. 99-23629 Filed 9-8-99; 8:45 am]

BILLING CODE 3510-DS-P