Certain Fresh Cut Flowers From Ecuador: Final Results of Changed- Circumstances Antidumping Duty Administrative Review; Revocation of Order; Termination of Administrative Reviews

DEPARTMENT OF COMMERCE

International Trade Administration

[A-331-602]

Certain Fresh Cut Flowers From Ecuador: Final Results of Changed-

Circumstances Antidumping Duty Administrative Review; Revocation of

Order; Termination of Administrative Reviews

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice of final results of changed-circumstances antidumping

duty administrative review, revocation of antidumping duty order, and

termination of administrative reviews.

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SUMMARY: On September 9, 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 order on certain fresh cut flowers from Ecuador. We are now

revoking this order, retroactive to March 1, 1997, based on the fact

that domestic interested parties no longer have an interest in

maintaining the antidumping duty order.

EFFECTIVE DATE: October 19, 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:

[[Page 56328]]

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 August 27, 1999, Timothy Haley, president of the Floral Trade

Council (FTC), the FTC, and the FTC's Committees on Standard

Carnations, Standard Chrysanthemums, and Pompom Chrysanthemums (the

Committees) requested that 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 and the Committees stated that they no longer have an

interest in maintaining the antidumping duty order.

We preliminarily determined that the affirmative statement of no

interest by the FTC and the Committees constituted changed

circumstances sufficient to warrant revocation of this order. On

September 9, 1999, we published a notice of initiation of a changed-

circumstances antidumping duty administrative review and preliminary

results of review with intent to revoke the order (64 FR 48981). We

invited interested parties to comment on the preliminary results of

this changed-circumstances review.

The only comment that we received was a September 23, 1999,

statement from Expoflores, an association of Ecuadorian flower

producers and exporters, Claveles de la Montana, S.A., Floricultura

Ecuaclavel S.A., Agritab Cia. Ltda., Florisol Cia. Ltda., and Flores

del Quinche S.A. (The five companies are respondents in the

administrative review covering the period March 1, 1997, through

February 28, 1998.) In this statement, these parties expressed their

support for the changed-circumstances review and requested that the

Department revoke the order with respect to all merchandise entered, or

withdrawn from warehouse, for consumption on or after March 1, 1997.

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 customs purposes, the Department's written

description of the scope remains dispositive.

The changed-circumstances review covers all producers and exporters

of certain fresh cut flowers from Ecuador.

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 that a changed-

circumstances administrative review 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 exist that are sufficient to warrant a

review. Section 782(h)(2) 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.

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). Based on

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

in the continued application of the order and based on the fact that no

other domestic 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 Ecuador, retroactive to March 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

certain fresh cut flowers from Ecuador entered or withdrawn from

warehouse 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.

Termination of Administrative Reviews

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 24, 1998 (63 FR 20378));

March 1, 1998, through February 28, 1999 (initiated on April 30, 1999

(64 FR 23269)).

This changed-circumstances administrative review, revocation of the

antidumping duty order, termination of administrative reviews, and

notice are in accordance with sections 751(b), 751(d) and 782(h)(2) of

the Act and 19 CFR 351.216 and 351.222.

Dated: October 13, 1999.

Robert S. LaRussa,

Assistant Secretary for Import Administration.

[FR Doc. 99-27293 Filed 10-18-99; 8:45 am]

BILLING CODE 3510-DS-P