[Federal Register Volume 62, Number 43 (Wednesday, March 5, 1997)]
[Notices]
[Pages 10023-10024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5406]


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DEPARTMENT OF COMMERCE
International Trade Administration
[A-301-602]


Certain Fresh Cut Flowers From Colombia: Amended Final Results of 
Antidumping Duty Administrative Review

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

ACTION: Notice of amended final results of antidumping duty 
administrative review.

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SUMMARY: On August 19, 1996, the Department of Commerce (the 
Department) published in the Federal Register the final results of 
three concurrent administrative reviews of the antidumping duty order 
on certain fresh cut flowers from Colombia. These reviews cover a total 
of 348 producers and/or exporters of fresh cut flowers to the United 
States for at least one of the following periods: March 1, 1991 through 
February 29, 1992; March 1, 1992 through February 28, 1993; and March 
1, 1993 through February 28, 1994. We are now amending the final 
results to correct certain ministerial errors we made in our 
calculations for the 93/94 review period.

EFFECTIVE DATE: March 5, 1997.

FOR FURTHER INFORMATION CONTACT: Lyn Johnson or Richard Rimlinger, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, N.W., 
Washington, D.C. 20230; telephone (202) 482-4733.

Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the statute and to the 
Department's regulations are references to the provisions as they 
existed on December 31, 1994.

SUPPLEMENTARY INFORMATION:

Background

    On August 19, 1996, the Department published in the Federal 
Register (61 FR 42833) the final results of three concurrent 
administrative reviews of the antidumping duty order on certain fresh 
cut flowers from Colombia. Imports covered by these reviews are 
shipments of certain fresh cut flowers from Colombia (standard 
carnations, miniature (spray) carnations, standard chrysanthemums and 
pompon chrysanthemums). The reviews covered a total of 348 producers 
and/or exporters of fresh cut flowers to the United States for at least 
one of the following periods: March 1, 1991 through February 29, 1992; 
March 1, 1992 through February 28, 1993; and March 1, 1993 through 
February 28, 1994.
    After publication of our final results, we received timely 
allegations of ministerial and clerical errors from several 
respondents. We reviewed the allegations and agreed that we made 
certain ministerial errors in our calculations for the final result for 
the 93/94 period for three respondents: Grupo Papagayo (Papagayo 
Group), Floricola La Gaitana, S.A., and Agricola Celestina & La Maria 
Ltda., (AGA Group). Although these final results are currently the 
subject of litigation before the U.S. Court of International Trade, the 
Court granted permission to correct these errors on February 12, 1997.
    As a result of correcting the ministerial errors, some weighted-
average rates for the period have changed. See Memorandum to the file 
dated December 4, 1996, for Grupo Papagayo, and memoranda to the file 
dated September 6, 1996, for Floricola La Gaitana and the AGA Group. We 
have corrected these errors only for the 93/94 review period because 
only this review period will affect the current deposit rates.

Amended Final Results of Review

    After correcting for ministerial errors, we have determined the 
following weighted-average margins to exist for the following producers 
or exporters for the period March 1, 1993 through February 28, 1994:

------------------------------------------------------------------------
                       Producer/exporter                          93/94 
------------------------------------------------------------------------
Papagayo Group................................................      3.88
  Agricola Papagayo Ltda.                                               
  Inversiones Calypso S.A.                                              
Floricola La Gaitana, S.A.....................................      0.00
AGA Group.....................................................      9.99
  Agricola la Celestina                                                 
  Agricola la Maria                                                     
  Agricola Benilda Ltda.                                                
------------------------------------------------------------------------

    The Department will instruct the Customs Service to assess 
antidumping duties on all appropriate entries. Individual differences 
between United States price and foreign market value may vary from the 
percentages as stated above. The Department will issue appraisement 
instructions on each exporter directly to the Customs Service.
    Furthermore, the following deposit requirements will be effective 
upon publication of these amended final results of administrative 
review for all shipments of the subject merchandise entered, or 
withdrawn from warehouse, for consumption, as provided by section 
751(a)(1) of the Act, on or after the publication date of these amended 
final

[[Page 10024]]

results of review: (1) The cash deposit rate for the named companies 
will be the rates as listed above; (2) for previously reviewed or 
investigated companies not listed above, the cash deposit rate will 
continue to be the company-specific rate published for the most recent 
period; (3) if the exporter is not a firm covered in this review, a 
prior review, or the original less-than-fair-value (LTFV) 
investigation, but the manufacturer is, the cash deposit rate will be 
the rate established for the most recent period for the manufacturer of 
the merchandise; and (4) the cash deposit rate for all other 
manufacturers or exporters will be the ``all other'' rate of 3.10 
percent. This is the rate established during the LTFV investigation.
    These deposit requirements shall remain in effect until publication 
of the final results of the next administrative review.
    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 353.26 to file a certificate regarding the 
reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this review period. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 353.34(d). Timely written notification of 
return/destruction of APO materials or conversion to judicial 
protective order is hereby requested. Failure to comply with the 
regulations and the terms of an APO is a sanctionable violation.
    These amended final results of administrative review and notice are 
in accordance with section 751(f) of the Tariff Act (19 U.S.C. 1675(f)) 
and 19 CFR 353.28.

    Dated: February 27, 1997.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 97-5406 Filed 3-4-97; 8:45 am]
BILLING CODE 3510-DS-P