[Federal Register Volume 74, Number 190 (Friday, October 2, 2009)]
[Notices]
[Pages 50955-50956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23836]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-855]


Non-Frozen Apple Juice Concentrate from the People's Republic of 
China: Final Results for the Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department is conducting an administrative review of this 
Order, covering the period of review (``POR'') of June 1, 2007, - May 
31, 2008. The Department preliminarily found that Itochu Corporation 
and its wholly-owned subsidiaries, Yitian Juice (Shaanxi) Co., Ltd. and 
Laiyang Yitian Juice Co., Ltd., (collectively known as ``Itochu'') did 
not sell the subject merchandise at less than normal value (``NV'') and 
thus assigned a zero margin for the POR. See Non-Frozen Apple Juice 
Concentrate from the People's Republic of China: Preliminary Results 
for the Administrative Review, 74 FR 31238 (June 30, 2009) 
(``Preliminary Results''). Based upon our analysis of comments 
received, the Department made no changes to the margin calculations in 
the final results. Therefore, we will instruct the U.S. Customs and 
Border Protection (``CBP'') to assess antidumping duties on entries of 
subject merchandise during the POR for which the importer-specific 
assessment rates are above de minimis.

EFFECTIVE DATE: October 2, 2009.

FOR FURTHER INFORMATION CONTACT:  Alexis Polovina, AD/CVD Operations, 
Office 9, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Ave, NW, 
Washington DC 20230; telephone (202) 482-3927.

SUPPLEMENTARY INFORMATION:

CASE HISTORY

    On June 5, 2000, the Department of Commerce (``Department'') 
published in the Federal Register the antidumping duty order on certain 
non-frozen apple juice concentrate from the People's Republic of China 
(``PRC''). See Notice of Amended Final Determination of Sales at Less 
Than Fair Value and Antidumping Duty Order: Certain Non-Frozen Apple 
Juice Concentrate from the People's Republic of China, 65 FR 35606 
(June 5, 2000) (``Order''). On June 30, 2009, the Department published 
in the Federal Register the Preliminary Results of this administrative 
review. On July 17, 2009, Itochu filed comments regarding the 
Department's Preliminary Results. On July 22, 2009, The Department 
subsequently rejected these comments as they contained an untimely 
submission of new factual information. See Memorandum to the File, from 
Alexis Polovina, Case Analyst, Office 9, through Alex Villanueva, 
Program Manager, Office 9, regarding ``Administrative Review of Apple 
Juice Concentrate from the People's Republic of China: Rejection of New 
Information'' dated July 22, 2009 (``Rejection of New Information''). 
As the deadline to submit case briefs was July 30, 2009, the Department 
allowed Itochu to resubmit their case brief. Itochu submitted a revised 
case brief on July 30, 2009. No other party filed comments and no party 
requested a public hearing.

SCOPE OF THE ORDER

    The product covered by this order is certain non-frozen apple juice 
concentrate. Apple juice concentrate 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 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.

ANALYSIS OF COMMENTS RECEIVED

    All issues raised in the comments by Itochu are addressed in the 
concurrent Issues and Decision Memorandum (``Issues and Decision 
Memo''), which is hereby adopted by this notice. A list of the issues 
which Itochu raised and to which we respond in the Issues and Decision 
Memo is attached to this notice as an Appendix. The Issues and Decision 
Memo is a public document and is on file in the Central Records Unit 
(``CRU''), Main Commerce Building, Room 1117, and is accessible on the 
Web at http://www.trade.gov/ia. The paper copy and the electronic 
version of the memorandum are identical in content.

FINAL RESULTS OF THE REVIEW

    The Department has determined that the final dumping margin for the 
POR is:

             Non-Frozen Apple Juice Concentrate from the PRC
------------------------------------------------------------------------
                                                       Weighted-Average
                      Exporter                         Margin (Percent)
------------------------------------------------------------------------
Itochu Corporation..................................                0.00
------------------------------------------------------------------------

ASSESSMENT RATES

    Upon issuance of the final results, the Department will determine, 
and the CBP shall assess, antidumping duties on all appropriate entries 
on an ad valorem basis. The Department intends to issue assessment 
instructions to CBP 15 days after the date of publication of the final 
results of review. Pursuant to 19 CFR 351.212(b)(1), we will calculate 
importer-specific (or customer) duty assessment rates based on the 
ratio of the total amount of dumping margins calculated for the 
examined sales to the total entered value of those same sales. We will 
instruct CBP to assess antidumping duties on all appropriate entries 
covered by this review if any importer-specific assessment rate 
calculated in the final results of this review is above de minimis, 
i.e., less than 0.50 percent.

CASH-DEPOSIT REQUIREMENTS

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of subject merchandise from Itochu entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Tariff Act of 1930, as 
amended (``Act''):(1) For subject merchandise exported by Itochu, no 
deposit will be required; (2) for companies previously found to be 
entitled to a separate rate in prior segments of the proceeding, and 
for which no review has been requested, the cash deposit rate will 
continue to be the rate established in the most recent review of that 
company; (3) for all other PRC exporters, the cash deposit rate will be 
51.74 percent, the PRC country-wide ad-valorem rate; and (4) for non-
PRC exporters of subject merchandise from

[[Page 50956]]

the PRC to the United States, the cash deposit rate will be the rate 
applicable to the PRC exporter that supplied that non-PRC exporter. 
These deposit requirements, when imposed, shall remain in effect until 
further notice.

REIMBURSEMENT OF DUTIES

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this POR. Failure to comply with this 
requirement could result in the Sectary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

ADMINISTRATIVE PROTECTIVE ORDERS

    This notice also serves as a reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return/destruction of 
APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation, which is subject to sanction.
    We are issuing and publishing this determination in accordance with 
sections 751(a)(1) and 777(i) of the Act, and 351.221(b)(5).

    Dated: September 25, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

Appendix--Issues and Decision Memorandum

Comment 1: Calculation of the Denominator
Comment 2: Rejection of New Information
[FR Doc. E9-23836 Filed 10-1-09; 8:45 am]
BILLING CODE 3510-DS-S