69 FR 6940, February 12, 2004

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-855]

Certain Non-Frozen Apple Juice Concentrate From the People's 
Republic of China: Amended Final Results of New Shipper Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of amended final results of new shipper review.

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SUMMARY: On December 16, 2003, the Department of Commerce announced the 
final results of the administrative review of the antidumping duty 
order on non-frozen apple juice concentrate, from the People's Republic 
of China for the period June 1, 2002, through November 30, 2002. These 
final results were published in the Federal Register on December 22, 
2003.
    On December 22, 2003, Yantai Golden Tide Fruits & Vegetable Food 
Company filed allegations of ministerial errors. Based on these 
allegations, we made changes to the margin calculation of Yantai Golden 
Tide Fruits & Vegetable Food Company. The final weighted-average 
dumping margin for this company is listed below in the section entitled 
``Amended Final Results.''

EFFECTIVE DATE: February 12, 2004.

FOR FURTHER INFORMATION CONTACT: Audrey Twyman or Stephen Cho, Group 1, 
Office I, Antidumping/Countervailing Duty Enforcement, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 
20230; telephone (202) 482-3534 and (202) 482-3798, respectively.

Background

    On December 22, 2003, the Department of Commerce (``the 
Department'') published the final results in this administrative 
review. See Certain Non-Frozen Apple Juice Concentrate From the 
People's Republic of China: Final Results of New Shipper Review, 68 FR 
71065 (December 22, 2003) (``Final Results''). The period of review is 
June 1, 2002, through November 30, 2002.
    On December 22, 2003, we received ministerial error allegations, 
filed pursuant to section 751(h) of the Tariff Act of 1930, as amended, 
(``the Act'') and 19 CFR 351.224(c)(2), from Yantai Golden Tide Fruits 
& Vegetable Food Company (``Golden Tide'') regarding the Department's 
final margin calculation. Golden Tide requested that we correct the 
errors and publish a notice of amended final results in the Federal 
Register, pursuant to section 751(h) of the Act, and 19 CFR 351.224(e).

Scope of Review

    The product covered by this order is certain non-frozen apple juice 
concentrate (``AJC''). Certain AJC is defined as 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 order 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.
    The merchandise subject to this order is classified in the 
Harmonized Tariff Schedule of the United States (``HTSUS'') at 
subheadings 2106.90.52.00, and 2009.70.00.20 before January 1, 2002, 
and 2009.79.00.20 after January 1, 2002. Although the HTSUS subheadings 
are provided for convenience and customs purposes, the written 
description of the scope of the order is dispositive.

Amended Final Results

    In its ministerial allegations, Golden Tide disagrees with the 
Department's calculations of the financial ratios, points out an 
inconsistency in the margin calculation program, and argues that the 
Department is double counting an expense in ocean freight and brokerage 
and handling. After analyzing the record of this review, we have 
determined, in accordance with section 771(h) of the Act and 19 CFR 
351.224, that we made a ministerial error in the margin calculation 
program for Golden Tide. We do not agree that we made a ministerial 
error in the calculation of the financial ratios, or ocean freight and 
brokerage and handling. For a detailed discussion of the ministerial 
error allegations and the Department's analysis, see February 6, 2004 
memorandum from team to Jeffrey May, through Susan H. Kuhbach entitled 
``Ministerial Error Allegation,'' which is on file in the Department's 
Central Records Unit located in the main Commerce building in Room B-
099.
    Therefore, in accordance with section 751(h) of the Act, and 19 CFR 
351.224(e) we are amending the Final Results of AJC from the People's 
Republic of China (``PRC'') to reflect the corrections noted above. 
Based on these revisions, we determine that the following weighted-
average dumping margin exists for the period June 1, 2002, through 
November 30, 2002:

------------------------------------------------------------------------
                                                              Revised
                                                             weighted-
                  Exporter/manufacturer                   average margin
                                                            percentage
------------------------------------------------------------------------
Yantai Golden Tide Fruit & Vegetable Food Company.......            6.34
------------------------------------------------------------------------

Cash Deposit Rates

    Bonding will no longer be permitted to fulfill security 
requirements for shipments from Golden Tide of non-frozen apple juice 
concentrate from the PRC entered, or withdrawn from warehouse, for 
consumption on or after the publication date of the amended final 
results of this new shipper review.
    The following deposit rates will be effective upon publication of 
these amended final results for all shipments of AJC from the PRC 
entered, or withdrawn from warehouse, for consumption on or after the 
publication date of this notice, as provided for by section 751(a)(1) 
and (a)(2)(B) of the Act: (1) The cash deposit rate for Golden Tide 
(i.e., for subject merchandise manufactured and exported by Golden 
Tide) will be the rate indicated above; (2) the cash deposit rate for 
PRC exporters who received a separate rate in a prior segment of the 
proceeding will continue to be the rate assigned in that segment of the 
proceeding; (3) the cash deposit rate for the PRC NME entity and for 
subject merchandise exported by Golden Tide but not manufactured by 
them will continue to be the PRC-wide rate (i.e., 51.74 percent); and 
(4) the cash deposit rate for non-PRC exporters of subject merchandise 
from the PRC will be the rate applicable to the PRC exporter that 
supplied that exporter. These deposit requirements shall remain in 
effect until publication of the final results of the next 
administrative review.

Assessment Rates

    The Department will issue appropriate assessment instructions 
directly to U.S. Customs and Border Protection within 15 days of 
publication of these amended final results of review.
    This determination is issued and published in accordance with 
sections 751(a)(1) and 777(i) of the Act.


[[Page 6941]]


    Dated: February 6, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 04-3103 Filed 2-11-04; 8:45 am]