64 FR 72316 December 27, 1999 

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

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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