Non-Frozen Apple Juice Concentrate From the People's Republic of China: Notice of Amended Preliminary Determination, Postponement of Final Determination and Extension of Provisional Measures

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-855]

Non-Frozen Apple Juice Concentrate From the People's Republic of

China: Notice of Amended Preliminary Determination, Postponement of

Final Determination and Extension of Provisional Measures

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

EFFECTIVE DATE: December 27, 1999.

FOR FURTHER INFORMATION CONTACT: Sally Hastings, Craig Matney or Annika

O'Hara, Office I, Import Administration, International Trade

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

Constitution Avenue, NW., Washington DC 20230; telephone (202)

[[Page 72317]]

482-3464, (202) 482-1778 or (202) 482-3798, respectively.

The Applicable Statute

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 19 CFR Part 351 (April 1, 1998).

Scope of Investigation

For purposes of this investigation, the product covered by the

scope is all non-frozen concentrated apple juice with a Brix scale of

40 or greater, whether or not containing added sugar or other

sweetening matter, and whether or not fortified with vitamins or

minerals. Excluded from the scope of this investigation are: frozen

concentrated apple juice; non-frozen concentrated apple juice that has

been fermented; and non-frozen concentrated apple juice to which

spirits have been added.

Since the publication of the preliminary determination, the

Department has ascertained that the Harmonized Tariff Schedule of the

United States (``HTSUS'') subheading cited therein, does not fully

incorporate all products included in the written description of the

merchandise under investigation. The merchandise subject to this

investigation is classified in the HTSUS at subheadings 2009.70.00.20

and 2106.90.52. Although the HTSUS subheading is provided for

convenience and customs purposes, the written description of the

merchandise under investigation is dispositive.

Postponement of the Final Determination and Extension of

Provisional Measures

Pursuant to section 735(a)(2)(A) of the Act, and 19 CFR

351.210(b)(2), on November 23, 1999, respondents in this investigation

(i.e., Yantai North Andre Juice Co. Ltd. (``North Andre''), Shaanxi

Haisheng Fresh Fruit Juice Co., Ltd. (``Haisheng''), Sanmenxia Lakeside

Fruit Juice Co., Ltd (``Lakeside''), Shandong Zhonglu Juice Group Co.

(``Zhonglu''), Yantai Oriental Juice Co. (``Oriental''), Qingdao Nannan

Foods Co., Ltd. (``Nannan''), Xianyang Fuan Juice Co. (``Fuan''), Xian

Asia Qin Fruit Co., Ltd. (``Asia Fruit''), Shaanxi Machinery &

Equipment Import & Export Corporation (``SAAME''), Changsha Industrial

Products & Minerals Import & Export Corporation (``Changsha''), and

Shandong Foodstuffs Import & Export Corporation (``Shandong

Foodstuffs'')) requested that the Department postpone its final

determination 135 days from the date of the publication of the

preliminary determination in the Federal Register. In accordance with

19 CFR 351.210, because: (1) Our preliminary determination is

affirmative; (2) the requesting exporters account for a significant

proportion of exports of the subject merchandise; and (3) no compelling

reasons for denial exist, we are granting the respondents' request and

are postponing the final determination until no later than 135 days

after the publication of this notice in the Federal Register (i.e.,

until April 6, 2000). In addition, pursuant to 19 CFR 351.210(e)(2),

respondents agreed to an extension of provisional measures from a 4-

month period to not more than 6 months. Suspension of liquidation will

be extended accordingly.

Amended Preliminary Determination of Sales at Less Than Fair Value

On November 24, 1999, the respondents alleged that in the

preliminary determination the Department made certain ministerial

errors in the calculation of SG&A and overhead ratios for all

respondents, in the ocean freight value applied for Lakeside, and in

the affirmative finding of critical circumstances for non-investigated

companies. The petitioners did not allege any ministerial errors.

The Department has reviewed its preliminary calculations for all

respondents and agrees that it made certain ministerial errors within

the meaning of 19 CFR 351.224(f) (see Ministerial Error Allegations for

Preliminary Determination memorandum to Richard W. Moreland, Deputy

Assistant Secretary, Import Administration, Group I, dated the same day

as this notice, on file in room B-099 of the Department's

headquarters). A significant ministerial error is defined as a

correction which, singly or in combination with other errors, (1) would

result in a change of at least five absolute percentage points in, but

not less than 25 percent of, the weighted average dumping margin

calculated in the original (erroneous) preliminary determination; or

(2) would result in a difference between a weighted-average dumping

margin of zero or de minimis and a weighted-average dumping margin of

greater than de minimis or vice versa, as defined by 19 CFR 351.224(g).

Because the change in Lakeside's margin meets the first alternative of

this standard, the Department finds the ministerial errors only with

respect to Lakeside to be significant. Therefore, the Department is

amending its preliminary determination with respect to Lakeside in

accordance with 19 CFR 351.224(e).

As a result of the correction of the significant ministerial

errors, the Department has determined that the following weighted-

average dumping margins apply for the PRC:

------------------------------------------------------------------------

Weighted

average

Exporter/manufacturer margin

percentage

------------------------------------------------------------------------

Yantai North Andre Juice Co., Ltd....................... 0.00

Shaanxi Haisheng Fresh Fruit Juice Co., Ltd............. 18.58

Sanmenxia Lakeside Fruit Juice Co., Ltd................. 29.89

Shandong Zhonglu Co., Ltd............................... 9.85

Yantai Oriental Juice Co., Ltd.......................... 14.97

Qingdao Nannan Foods Co., Ltd........................... 44.24

Shaanxi Machinery & Equipment Import & Export Corp...... 35.29

Xian Asia Qin Fruit Co., Ltd............................ 28.71

Xian Yang Fuan Juice Co., Ltd........................... 28.71

Changsha Industrial Products & Minerals Import and 28.71

Export Co., Ltd........................................

Shandong Foodstuffs Import and Export Corporation....... 28.71

PRC-wide rate........................................... 54.55

------------------------------------------------------------------------

ITC Notification

In accordance with section 733(f) of the Act, the Department has

notified the ITC of this amended preliminary determination. If the

final determination is affirmative, the ITC will determine whether

imports of the merchandise under investigation are materially injuring,

or threaten material injury to, the U.S. industry before the later of

120 days after the date of the preliminary determination or 45 days

after the final determination.

Public Comment

For this investigation, case briefs must be submitted no later than

March 9, 2000. Rebuttal briefs must be filed no later than March 14,

2000. A list of authorities used, a table of contents, and an executive

summary of issues should accompany any briefs submitted to the

Department. Executive summaries should be limited to five pages total,

including footnotes.

Section 774 of the Act provides that the Department will hold a

hearing to afford interested parties an opportunity to comment on

arguments raised in case or rebuttal briefs, provided that such a

hearing is requested by any interested party. If a hearing is

requested, it will be held at 9:00 AM on March 17, 2000, at the

Department of Commerce, 14th Street and Constitution Avenue, NW.,

Washington, DC 20230. Parties should

[[Page 72318]]

confirm by telephone the time, date, and place of the hearing 48 hours

before the scheduled time.

The Department is publishing this notice of postponement of the

final determination, extension of provisional measures and amendment to

the preliminary determination pursuant to sections 735(a)(2) and 733(d)

of the Act and 19 CFR 351.210(g) and 351.224(e).

Dated: December 17, 1999.

Robert S. LaRussa,

Assistant Secretary for Import Administration.

[FR Doc. 99-33496 Filed 12-23-99; 8:45 am]

BILLING CODE 3510-DS-P