Federal Register / Vol. 62, No. 51 / Monday, March 17, 1997 / Notices 12599

protective orders (APO) of their

responsibility concerning the return or

destruction of proprietary information

disclosed under APO in accordance

with 19 CFR 353.34(d). Timely written

notification of the return/destruction of

APO materials or conversion to judicial

protective order is hereby requested.

Failure to comply is a violation of the

APO.

These amended final results of review

and this notice are in accordance with

section 751(a)(1) of the Act (19 U.S.C.

1675(a)(1)) and 19 CFR 353.28 (1996).

Dated: March 7, 1997.

Robert S. LaRussa,

Acting Assistant Secretary for Import

Administration.

[FR Doc. 97–6546 Filed 3–14–97; 8:45 am]

BILLING CODE 3510–DS–P

[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.

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, presale 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.
12600 Federal Register / Vol. 62, No. 51 / Monday, March 17, 1997 / Notices

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 weightedaverage 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-fairvalue (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

A–538–802

Shop Towels From Bangladesh; Final

Results of Antidumping Duty

Administrative Review

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of final results of

antidumping duty administrative

review.

SUMMARY: On December 10, 1996, the

Department of Commerce (the

Department) published the preliminary

results of its 1995–1996 administrative

review of the antidumping duty order

on shop towels from Bangladesh (61 FR

65025). The review covers four shop

towel producers that exported this

merchandise to the United States during

the period March 1, 1995, through

February 29, 1996. We gave interested

parties an opportunity to comment on

our preliminary results. We did not

receive any comments. Therefore, the

final results are the same as the

preliminary results.

EFFECTIVE DATE: March 17, 1997.

FOR FURTHER INFORMATION CONTACT:

Matthew Rosenbaum, Kristie Strecker or

Kris Campbell, Import Administration,

International Trade Administration,

U.S. Department of Commerce, 14th

Street and Constitution Avenue,

Washington, D.C. 20230; telephone:

(202) 482–4733.

SUPPLEMENTARY INFORMATION:

The Applicable Statute

Unless otherwise indicated, all

citations to the Tariff Act of 1930, as

amended (the Act), are references to the

provisions effective January 1, 1995, the

effective date of the amendments made

to the Act by the Uruguay Round