Federal Register / Vol. 62, No. 40 / Friday, February 28, 1997 / Notices 9175

industry in the United States. If the ITC

determines that material injury, or

threat of material injury, does not exist,

for one or both proceedings, that

proceeding or both proceedings will be

terminated and all securities posted will

be refunded or canceled. If the ITC

determines that such injury does exist

in both proceedings, the Department

will issue antidumping duty orders

directing Customs officials to assess

antidumping duties on all imports of the

subject merchandise entered, or

withdrawn from warehouse, for

consumption on or after the effective

date of the suspension of liquidation.

These determinations are published

pursuant to section 735(d) of the Act.

Dated: February 24, 1997.

Robert S. LaRussa,

Acting Assistant Secretary for Import

Administration.

[FR Doc. 97–5029 Filed 2–27–97; 8:45 am]

BILLING CODE 3510–DS–P

[A–301–602]

Certain Fresh Cut Flowers From

Colombia; Notice of Final Court

Decision and Amended Final Results

of Administrative Review

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of final court decision

and amended final results of

administrative review.

SUMMARY: On September 28, 1995, the

U.S. Court of Appeals for the Federal

Circuit upheld the Department of

Commerce’s (the Department’s) use of

constructed value (CV) instead of thirdcountry prices, for the purpose of

determining foreign market value, and

the Department’s use of monthly

average U.S. prices (USPs), instead of

annual average USPs for the purpose of

determining dumping margins. See

Floral Trade Council v. United States,

Slip Op., Ct. Nos. 94–1019, 94–1020

(Fed. Cir. Sept. 28, 1995). As there is

now a final and conclusive court

decision in this action, we are amending

our final results of review in this matter

and we will subsequently instruct the

U.S. Customs Service to liquidate

entries subject to this review.

EFFECTIVE DATE: February 28, 1997.

FOR FURTHER INFORMATION CONTACT:

Mark Ross or Richard Rimlinger, Import

Administration, International Trade

Administration, U.S. Department of

Commerce, 14th Street and Constitution

Avenue, NW., Washington, DC 20230;

telephone (202) 482–4733.

SUPPLEMENTARY INFORMATION:

Background

On May 17, 1990, the Department

published its final results of

administrative review of certain fresh

cut flowers from Colombia for the

period March 1, 1988 through February

28, 1989. See Certain Fresh Cut Flowers

From Colombia; Final Results of

Antidumping Duty Administrative

Review, 55 FR 20491 (May 17, 1990).

Subsequently, a domestic association

and a number of reviewed companies

filed lawsuits with the United States

Court of International Trade (CIT)

challenging the final results. Thereafter,

the CIT issued an order and opinion,

remanding several issues to the

Department. See Floral Trade Council v.

United States, 775 F. Supp. 1492 (CIT

1991). The CIT instructed the

Department to: (1) Collect actual cost

data from eleven companies for which

the Department had not previously

requested cost data for purpose of

calculating CV; (2) make a credit

adjustment to CV for five companies; (3)

include street vendor sales in the inland

freight calculation for Floral Ltda.

Exportaciones Bochica; (4) adjust USP

for Dianticola Colombiana to include

revenues deposited by the firm’s

consignment agent into a United States

bank on Dianticola Colombiana’s behalf;

(5) correct a clerical error concerning

calculation of CV for Flores el Trentino,

and (6) normalize costs to account for

low yields suffered by Florandia/

Herrera-Camacho. The Department filed

its remand results on May 5, 1992.

On April 22, 1993, the CIT issued a

second remand to the Department to

allow preproduction expenses incurred

by Flores Condor de Colombia to be

amortized. See Floral Trade Council v.

United States, Slip Op. 93–57 (CIT Apr.

23, 1993). The Department filed the

results of this second remand on June

14, 1993. On July 22, 1993, the CIT

rendered its final judgment. See Floral

Trade Council v. United States, Slip Op.

93–135 (CIT July 23, 1993).

Subsequently, appeals were filed by

both domestic and foreign parties.

On September 28, 1995, the U.S.

Court of Appeals for the Federal Circuit

upheld the Department’s use of CV,

instead of third-country prices, for

purpose of determining foreign market

value, and the Department’s use of

monthly average USPs, instead of

annual average USPs, for purpose of

determining antidumping margins. See

Floral Trade Council v. United States,

Slip Op., Ct. Nos. 94–1019, 94–1020

(Fed. Cir. Sept. 28, 1995).

As there is now a final and conclusive

court decision in this action, we are

amending our final results of review in

this matter and we will subsequently

instruct the U.S. Customs Service to

liquidate entries subject to this review.

Amendment to Final Result of Review

Pursuant to 19 U.S.C. 1516a(e), we are

now amending the final results of

administrative review for certain fresh

cut flowers from Colombia for the

period March 1, 1988 through February

28, 1989. The revised weighted-average

margins are as follows:

Company Margin (percent)

Agricola Los Arboles ................. 0.38

Claveles Colombianos .............. 0.20

Combiflor ................................... 0.19

Dianticola Colombiana .............. 2.47

Floral Ltda./Exportaciones

Bochica .................................. 0.13

Florania/Herrera-Camacho ....... 12.51

Flores Bachue ........................... 7.97

Flores Colombianas .................. 0.13

Flores Condor de Colombia ..... 0.00

Flores dos Hectareas ............... 3.90

Flores el Puente ....................... 0.70

Flores de Serrezuela ................ 0.48

Flores el Trentino ...................... 6.53

Flores la Valvanera ................... 8.71

Jardines del Muna .................... 16.85

Pompones Limitada .................. 0.11

Universal Flowers ..................... 0.53

The above rates affected the weightedaverage sample group margin, which

will be applied to the one hundred

twenty-nine firms requested only by the

domestic interested party and not

selected in the random sample. The new

sample group rate is 3.50 percent.

Accordingly, the Department will

determine and the Customs Service will

assess appropriate antidumping duties

on entries of the subject merchandise

made by firms covered by this review of

the period March 1, 1988 through

February 28, 1989. Individual

differences between USP and foreign

market value may vary from the

percentages listed above. The

Department will issue appraisement

instructions directly to the Customs

Service.

Dated: February 20, 1997.

Robert S. LaRussa,

Acting Assistant Secretary for Import

Administration.

[FR Doc. 97–5033 Filed 2–27–97; 8:45 am]

BILLING CODE 3510–DS–M