Fresh Kiwifruit From New Zealand: Final Results of Changed Circumstances Review; Revocation of Order

DEPARTMENT OF COMMERCE

International Trade Administration

[A-614-801]

Fresh Kiwifruit From New Zealand: Final Results of Changed

Circumstances Review; Revocation of Order

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice of final results of changed circumstances review and

revocation of antidumping duty order.

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SUMMARY: On August 20, 1999, the Department of Commerce published a

notice of initiation of a changed circumstances review and preliminary

results of review with intent to revoke the antidumping duty order on

fresh kiwifruit from New Zealand. We are now revoking this order,

retroactive to June 1, 1997, based on the fact that domestic parties no

longer have an interest in maintaining the antidumping duty order.

EFFECTIVE DATES: September 17, 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, N.W., 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 of Commerce's (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 supplemented its request to indicate

that it represents all kiwifruit growers in California and virtually

all commercial growers of kiwifruit in the United States.

We preliminarily determined that the affirmative statement of no

interest by the California Kiwifruit Commission constituted changed

circumstances sufficient to warrant revocation of this order.

Consequently, on August 20, 1999, we published a notice of initiation

of a changed circumstances review and preliminary results of review

with intent to revoke the order. See 64 FR 45508. We received no

comments from interested parties on the preliminary results of this

changed circumstances 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.

This changed circumstances review covers all producers and

exporters of fresh kiwifruit from New Zealand.

Final Results of Changed Circumstances 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

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.

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

represents substantially all of the production of the domestic like

product. Based on the affirmative statement by the California Kiwifruit

Commission 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

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

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

fresh kiwifruit from New Zealand made on or after June 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 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: September 13, 1999.

Richard W. Moreland,

Acting Assistant Secretary for Import Administration.

[FR Doc. 99-24300 Filed 9-16-99; 8:45 am]

BILLING CODE 3510-DS-P