[Federal Register Volume 62, Number 51 (Monday, March 17, 1997)]
[Notices]
[Pages 12599-12600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6547]


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DEPARTMENT OF COMMERCE
[A-122-401]


Red Raspberries From Canada; Preliminary Results of New Shipper 
Antidumping Duty Administrative Review

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

ACTION: Notice of preliminary results of new shipper review antidumping 
duty administrative review.

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SUMMARY: In response to a request from one exporter/processor, 
Berryhill Foods, Inc. (Berryhill), the Department of Commerce (the 
Department) is conducting a new shipper administrative review of the 
antidumping duty order on red raspberries from Canada. The review 
covers sales during the period June 1, 1995 through May 31, 1996. We 
have preliminarily determined that Berryhill sold subject merchandise 
at less than normal value (NV) during the period of review. Interested 
parties are invited to comment on these preliminary results. Parties 
who submit argument in this proceeding are requested to submit with the 
argument (1) a statement of the issue and (2) a brief summary of the 
argument.

EFFECTIVE DATE: March 17, 1997.

FOR FURTHER INFORMATION CONTACT: James Doyle, Lisa Yarbrough or Abdelai 
Elouaradia, AD/CVD Enforcement, Group III, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, N.W., Washington, D.C. 20230; 
telephone: (202) 482-3793.

SUPPLEMENTARY INFORMATION: 

Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the statute are 
references to the provisions effective January 1, 1995, the effective 
date of the amendments made to the Tariff Act of 1930 (the Act) by the 
Uruguay Round Agreements Act (URAA). In addition, unless otherwise 
indicated, all citations to the Department's regulations are to the 
current regulations, as amended by the interim regulations published in 
the Federal Register on May 11, 1995 (60 FR 25130).

Background

    By letter dated June 28, 1996, Berryhill requested a new shipper 
review pursuant to section 751(a)(2)(B) of the Act and 19 CFR 353.22(h) 
of the Department's interim regulations, which govern determinations of 
antidumping duties for new shippers. These provisions state that, among 
other requirements, a producer or exporter requesting a new shipper 
review must include with its request the date on which the merchandise 
was first entered, or withdrawn from warehouse, for consumption, or, if 
it cannot certify as to the date of first entry, the date on which it 
first shipped the merchandise for export to the United States (interim 
regulations, section 353.22(h)(2)(i)).
    Berryhill provided a certification identifying the first date of 
shipment of subject merchandise to the United States. In addition, in 
accordance with section 751(a)(2)(B)(i), Berryhill certified that it is 
not affiliated with any other firm nor did it export subject 
merchandise to the United States during the period of investigation. 
Based on this information, we determined that the requirements cited 
above were adequately fulfilled.
    On September 11, 1996, the Department published a notice of 
initiation of a new shipper review of Berryhill (61 FR 47872). The 
Department is now conducting this review in accordance with section 751 
of the Act and section 353.22 of its interim regulations.

Scope of the Agreement

    The products covered by this order are shipments of fresh and 
frozen red raspberries packed in bulk containers and suitable for 
further processing. These products are currently classifiable under the 
Harmonized Tariff Schedule of the United States (HTSUS) item numbers 
0810.20.90, 0810.20.10, and 0811.20.20. The HTS item numbers are 
provided for convenience and Customs purposes. The written description 
remains dispositive.

Verification

    As provided in section 776(b) of the Act, we conducted verification 
of information provided by the respondent by using standard 
verification procedures, including on-site inspection of the 
respondent's facilities, the examination of relevant sales and 
financial records, and selection of original documentation containing 
relevant information. Our verification results are outlined in the 
public version of the verification report.

Export Price

    We calculated the export price (EP) based on the price from 
Berryhill to unaffiliated parties where these sales were made prior to 
importation into the United States, in accordance with section 772(a) 
of the Act. We calculated EP based on packed, F.O.B. cold storage 
prices to unaffiliated purchasers in the United States. We made 
deductions, where appropriate, for inland freight, brokerage and 
handling, U.S. Customs duties, and pre-sale warehouse expense, in 
accordance with section 772(c)(2) of the Act. No other adjustments were 
claimed or allowed.
    We calculated the constructed export price (CEP) based on the price 
from Berryhill to unaffiliated purchasers where these sales were made 
after importation into the United States, in accordance with section 
772(b) of the Act. We calculated CEP based on packed, F.O.B. U.S. cold 
storage prices to unaffiliated purchasers in the United States. We made 
deductions, where appropriate, for inland freight, brokeage and 
handling, U.S. Customs duty, pre-sale warehouse expense, U.S. 
commissions, U.S. credit, U.S. inventory carrying costs, and profit 
allocable to the selling and distribution incurred in the United States 
in accordance with sections 772(c)(2), 772(d)(1) and 772(d)(3) of the 
Act.

Normal Value

    Based on a comparison of the aggregate quantity of home market and 
U.S. sales, and absent any information that a particular market 
situation in the exporting country does not permit a proper comparison, 
we determined pursuant to section 773(a)(1)(C) of the Act that the 
quantity of foreign like product sold in the exporting country was 
sufficient to permit a proper comparison with the sales of the subject 
merchandise to the United States. Therefore, in accordance with section 
773(a)(1)(B) of the Act, we based NV on sales in Canada, the home 
market.

[[Page 12600]]

    We calculated NV based on packed F.O.B. Canadian cold storage 
prices to unaffiliated customers, and made deductions, where 
applicable, for home market inland freight, pre-sale warehouse expense, 
home market packing costs, home market credit, and home market 
commissions. When EP was used as the United States price, in accordance 
with section 773(a)(6) of the Act, and sections 353.56 and 57 of the 
Departments regulations, we made a circumstance of sale adjustment for 
credit, and commissions. In addition, we added U.S. packing costs and 
made an adjustment for differences in the physical characteristics of 
the merchandise. When CEP was used as the United States price, we added 
U.S. packing costs and made an adjustment for differences in the 
physical characteristics of the merchandise.

Level of Trade

    As set forth in section 773(a)(1)(B)(i) of the Act and in the 
Statement of Administrative Action (SAA) accompanying the Uruguay Round 
Agreements Act, H.R. Doc. 316, Vol. 1, 103d Cong., at 829-831 (1994), 
to the extent practicable, the Department will calculate NV based on 
sales at the same level of trade (LOT) as the U.S. sales. Berryhill did 
not request an adjustment for LOT. To ensure that no such adjustment 
was necessary, we requested and examined information on the selling 
activities associated with each phase of marketing in each of 
Berryhill's markets; since there were no differences in such selling 
activities in either market, and since all sales in both markets were 
at a single LOT, we compared sales at this sole LOT.

Preliminary Results of the Review

    As a result of our comparison of EP and CEP to NV, we preliminarily 
determine that the following weighted-average dumping margin exits:

------------------------------------------------------------------------
            Exporter/processor                    Period         Margin 
------------------------------------------------------------------------
Berryhill................................    06/01/95-05/31/96      1.56
------------------------------------------------------------------------

    Interested parties may request disclosure within 5 days of the date 
of publication of this notice and may request a hearing within 10 days 
of publication. Any hearing, if requested, will be held as early as 
convenient for the parties but not later than 34 days after the date of 
publication or the first business day thereafter. Case briefs and/or 
written comments from interested parties may be submitted not later 
than 20 days after the date of publication of this notice. Rebuttal 
briefs and rebuttal comments, limited to issues raised in the case 
briefs, may be filed no later than 27 days after the date of 
publication of this notice. The Department will issue the final results 
of this new shipper administrative review, including the results of its 
analysis of issues raised in any such written comments, within 90 days 
of issuance of these preliminary results.
    Upon completion of this new shipper review, the Department will 
issue appraisement instructions directly to the U.S. Customs Service. 
The results of this review shall be the basis for the assessment of 
antidumping duties on entries of merchandise covered by the 
determination and for future deposits of estimated duties.
    Furthermore, upon completion of this review, the posting of a bond 
or security in lieu of a cash deposit, pursuant to section 
751(a)(2)(B)(iii) of the Act and section 353.22(h)(4) of the 
Department's interim regulations, will no longer be permitted and, 
should the final results yield a margin of dumping, a cash deposit will 
be required for each entry of the merchandise. The following deposit 
requirements will be effective upon publication of the final results of 
this new shipper antidumping duty administrative review for all 
shipments of red raspberries from Canada exported/processed by 
Berryhill, entered, or withdrawn from warehouse, for consumption on or 
after the publication date, as provided by section 751(a)(1) of the 
Act: (1) The cash deposit rate for the reviewed company will be that 
established in the final results of this new shipper administrative 
review; (2) for exporters not covered in these reviews, but covered in 
previous reviews or the original less-than-fair-value (LTFV) 
investigation, 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, previous reviews, or the original 
LTFV investigation, but the manufacturer is, the cash deposit rate will 
be that 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 continue to be 2.41 percent, the all 
others rate established in the LTFV investigation (50 FR 19772, May 10, 
1985). These requirements, when imposed, shall remain in effect until 
publication of the final results of the next administrative review.
    This notice serves as a preliminary 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 new shipper administrative review and this notice are in 
accordance with section 751(a)(2)(B) of the Act (19 U.S.C. 
1675(a)(2)(B)) and 19 CFR 353.22(h).

    Dated: March 7, 1997.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 97-6547 Filed 3-14-97; 8:45 am]
BILLING CODE 3510-DS-M