Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / Notices 45211 

federal marketing order programs, 

affecting sales for the Export Markets; 

g. Information about Redberri’s export 

operations, including without 

limitation, sales and distribution 

networks established by Redberri or its 

Suppliers and Export Intermediaries in 

the Export Markets (including export 

price information); and 

h. Information about export 

customers’ credit terms and credit 

history. 

3. Redberri may meet with its 

Suppliers and Export Intermediaries on 

a one-to-one basis to engage in the 

activities described in paragraphs 1 and 

2 above. 

4. Redberri and its Suppliers and 

Export Intermediaries may jointly 

participate in international trade shows 

and technology summits. 

5. Redberri may market Products, 

Services, and Technology Rights under 

brand names to the extent it has the 

right to use those names under 

applicable law. 

6. Redberri may form and operate 

electronic portals to promote Products, 

Services, and Technology Rights 

through a virtual marketplace for buyers 

and sellers in Export Markets, and 

thereby provide access to export trade 

opportunities, including publicly 

available overseas government tenders 

and non-governmental organization 

tenders. 

7. Redberri may provide for or arrange 

for the provision of Export Trade 

Facilitation Services. 

8. Redberri may negotiate, enter into, 

and manage exclusive or non-exclusive 

licensing agreements for the export of 

Technology Rights. 

9. Redberri may enter into exclusive 

or nonexclusive agreements with 

Suppliers for the export of Products or 

Services to the Export Markets. 

IV. Terms and Conditions of Certificate 

1. In engaging in Export Trade 

Activities and Methods of Operations, 

Redberri will not intentionally disclose, 

directly or indirectly, to any Supplier or 

Export Intermediary any information 

about any other Supplier’s or Export 

Intermediary’s costs, production, 

capacity, inventories, domestic prices, 

domestic sales, or U.S. business plans, 

strategies, or methods that is not already 

generally available to the trade or 

public. 

2. Redberri will comply with requests 

made by the Secretary of Commerce on 

behalf of the Secretary of Commerce or 

the Attorney General for information or 

documents relevant to conduct under 

the Certificate. The Secretary of 

Commerce will request such 

information or documents when either 

the Attorney General or the Secretary of 

Commerce believes that the information 

or documents are required to determine 

that the Export Trade, Export Trade 

Activities and Methods of Operation of 

a person protected by this Certificate of 

Review continue to comply with the 

standards of Section 303(a) of the Act. 

V. Definitions 

1. ‘‘Supplier’’ means a person who 

produces, provides, or sells Products, 

Services and/or Technology Rights. 

2. ‘‘Export Intermediary’’ means a 

person who acts as a distributor, sales 

representative, sales or marketing agent, 

import agent, broker, or who performs 

similar functions including providing or 

arranging for the provision of Export 

Trade Facilitation Services. 

VI. Protection Provided by Certificate 

The Certificate protects Redberri and 

its directors, officers, and employees 

acting on its behalf, from private treble 

damage actions and government 

criminal and civil suits under U.S. 

federal and state antitrust laws for the 

export conduct specified in the 

Certificate and carried out during its 

effective period in compliance with its 

terms and conditions. 

VII. Effective Period of Certificate 

The Certificate continues in effect 

until it is relinquished, modified, or 

revoked as provided in the Act and the 

Regulations. 

VIII. Other Conduct 

Nothing in the Certificate prohibits 

Redberri from engaging in conduct not 

specified in the Certificate, but such 

conduct is subject to the normal 

application of the antitrust laws. 

IX. Disclaimers 

1. The issuance of the Certificate of 

Review to Redberri by the Secretary of 

Commerce with the concurrence of the 

Attorney General under the provisions 

of the Act does not constitute, explicitly 

or implicitly, an endorsement or 

opinion of the Secretary of Commerce or 

the Attorney General concerning either 

(a) the viability or quality of the 

business plans of Redberri or (b) the 

legality of such business plans of 

Redberri under the laws of the United 

States (other than as provided in the 

Act) or under the laws of any foreign 

country. 

2. The application of the Certificate to 

conduct in Export Trade where the U.S. 

Government is the buyer or where the 

U.S. Government bears more than half 

the cost of the transaction is subject to 

the limitations set forth in Section V.(D.) 

of the ‘‘Guidelines for the Issuance of 

Export Trade Certificates of Review 

(Second Edition),’’ 50 FR 1786 (January 

11, 1985). 

A copy of the Certificate will be kept 

in the International Trade 

Administration’s Freedom of 

Information Records Inspection Facility, 

Room 4100, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW., Washington, DC 20230. 

Dated: July 29, 2008. 

Jeffrey Anspacher, 

Director, Export Trading Company Affairs. 

[FR Doc. E8–17798 Filed 8–1–08; 8:45 am] 

BILLING CODE 3510–DR–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–831] 

Fresh Garlic from the People’s 

Republic of China: Extension of Time 

Limit for the Preliminary Results of 

Administrative Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

EFFECTIVE DATE: August 4, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Scott Lindsay, AD/CVD Operations, 

Office 6, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Avenue, NW, 

Washington DC 20230; telephone: (202) 

482–0780. 

SUPPLEMENTARY INFORMATION: 

Background 

On December 27, 2007, the 

Department of Commerce 

(‘‘Department’’) published a notice of 

initiation of an administrative review of 

fresh garlic from the People’s Republic 

of China (‘‘PRC’’), covering the period 

November 1, 2006, through October 31, 

2007. See Initiation of Antidumping and 

Countervailing Duty Administrative 

Reviews, 72 FR 73315 (December 27, 

2007). On March 28, 2008, after 

receiving quantity and value and 

separate rate responses, the Department 

selected the mandatory respondents for 

this review. The preliminary results of 

this administrative review are currently 

due on August 1, 2008. 

Extension of Time Limit for Preliminary 

Results 

Pursuant to section 751(a)(3)(A) of the 

Tariff Act of 1930, as amended (the Act), 

the Department shall issue preliminary 

results in an administrative review of an 

antidumping duty order within 245 

days after the last day of the anniversary 


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45212 Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / Notices 

1 120 days from August 1, 2008, is November 29, 

2008. However, Department practice dictates that 

where a deadline falls on a weekend, the 

appropriate deadline is the next business day. See 

Notice of Clarification: Application of ‘‘Next 

Business Day’’ Rule for Administrative 

Determination Deadlines Pursuant to the Act, 70 FR 

24533 (May 10, 2005). 

1 In the third administrative review, the 

Department collapsed Valle Frio with its affiliated 

producer, Agricola Framparque (Framparque). See 

Memorandum to Susan Kuhbach, Director, 

‘‘Collapsing of Sociedad Agroindustrial Valle Frio 

Ltda.,’’ dated July 31, 2006. See Notice of 

Preliminary Results of Antidumping Duty 

Administrative Review, Notice of Intent to Revoke 

in Part: Certain Individually Quick Frozen Red 

Raspberries from Chile (unchanged in final) (Third 

Administrative Review of Raspberries from Chile), 

71 FR 45000, 45001 (Aug. 8, 2006). There has been 

no change in the facts since then, so for the instant 

administrative review, we are treating Valle Frio 

and Framparque as a single entity. 

month of the date of publication of the 

order. The Act further provides, 

however, that the Department may 

extend that 245-day period to 365 days 

if it is not practicable to complete the 

review within the foregoing time period. 

The Department finds that it is not 

practicable to complete the preliminary 

results by the current deadline of 

August 1, 2008. The Department has 

gathered and must analyze a significant 

amount of information pertaining to 

each company’s corporate structure and 

ownership, sales practices, and 

manufacturing methods. Furthermore, 

this review involves the extraordinarily 

complicated intermediate input 

methodology issue. Therefore, the 

Department requires additional time to 

analyze the questionnaire responses and 

to issue supplemental questionnaires. 

Therefore, in accordance with section 

751(a)(3)(A) of the Act, the Department 

is extending the time limit for the 

preliminary results by 120 days until no 

later than December 1, 2008,1 which is 

367 days after the last day of the 

anniversary month of the date of 

publication of the order. Unless 

extended, the final results continue to 

be due 120 days after the publication of 

the preliminary results, pursuant to 

section 751(a)(3)(A) of the Act and 

section 351.213(h)(1) of the 

Department’s regulations. 

This notice is issued and published in 

accordance to sections 751(a)(1) and 

777(i)(1) of the Act. 

Dated: July 21, 2008. 

Stephen J. Claeys, 

Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. E8–17831 Filed 8–1–08; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–337–806] 

Notice of Preliminary Results of 

Antidumping Duty Administrative 

Review: Certain Individually Quick 

Frozen Red Raspberries from Chile 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

is conducting an administrative review 

of the antidumping duty order on 

certain individually quick frozen (IQF) 

red raspberries from Chile. The period 

of review (POR) is July 1, 2006, through 

June 30, 2007. This review covers sales 

of IQF red raspberries by producer/ 

exporter Sociedad Agroindustrial Valle 

Frio Ltda. We preliminarily find that, 

during the POR, sales of IQF red 

raspberries were not made below 

normal value. Interested parties are 

invited to comment on these 

preliminary results. We will issue the 

final results not later than 120 days from 

the date of publication of this notice. 

EFFECTIVE DATE: August 4, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Alexander Montoro or Nancy Decker, 

AD/CVD Operations, Office 1, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW, Washington DC 20230; 

telephone (202) 482–0238 and (202) 

482–0196, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On July 9, 2002, the Department of 

Commerce (Department) published an 

antidumping duty order on certain IQF 

red raspberries from Chile. See Notice of 

Antidumping Duty Order: IQF Red 

Raspberries From Chile, 67 FR 45460 

(July 9, 2002). On July 3, 2006, the 

Department published a notice of 

opportunity to request administrative 

review of this order. See Antidumping 

or Countervailing Duty Order, Finding, 

or Suspended Investigation; 

Opportunity to Request Administrative 

Review, 72 FR 36420 (July 3, 2007). On 

July 31, 2007, we received a request for 

review from Sociedad Agroindustrial 

Valle Frio Ltda. (Valle Frio).1 On August 

30, 2006, we initiated the fourth 

administrative review for Valle Frio. See 

Initiation of Antidumping and 

Countervailing Duty Administrative 

Reviews and Request for Revocation in 

Part, 72 FR 48613 (Aug. 24, 2007). On 

September 17, 2007, the Department 

issued an antidumping questionnaire to 

Valle Frio. Valle Frio submitted its 

initial responses to the antidumping 

questionnaire from October 2007 

through November 2007. 

On March 7, 2008, we requested that 

Valle Frio respond to the Constructed 

Value (CV) portion of the Department’s 

questionnaire. For further discussion, 

see ‘‘Calculation of Normal Value Based 

on Constructed Value’’ section of this 

notice. 

On March 21, 2008, the Department 

published in the Federal Register an 

extension of the time limit for the 

completion of the preliminary results of 

this review until no later than July 30, 

2008, in accordance with section 

751(a)(3)(A) of the Tariff Act of 1930, as 

amended (the Act), and 19 CFR 

351.213(h)(2). See Certain Individually 

Quick Frozen Red Raspberries from 

Chile: Notice of Extension of Time Limit 

for Preliminary Results of Antidumping 

Duty Administrative Review, 73 FR 

15134 (Mar. 21, 2008). 

On March 13, 2008, the Department 

issued a supplemental questionnaire to 

Valle Frio, and Valle Frio submitted its 

response on April 7, 2008. On April 1, 

2008, Valle Frio submitted a response to 

Department’s request for CV 

information. After analyzing these 

responses, we issued a second 

supplemental questionnaire to Valle 

Frio on June 13, 2008. We received a 

timely filed response on July 07, 2008. 

Scope of the Order 

The products covered by this order 

are imports of IQF whole or broken red 

raspberries from Chile, with or without 

the addition of sugar or syrup, 

regardless of variety, grade, size or 

horticulture method (e.g., organic or 

not), the size of the container in which 

packed, or the method of packing. The 

scope of the order excludes fresh red 

raspberries and block frozen red 

raspberries (i.e., puree, straight pack, 

juice stock, and juice concentrate). 

The merchandise subject to this order 

is currently classifiable under 

subheading 0811.20.2020 of the 

Harmonized Tariff Schedule of the 

United States (HTSUS). Although the 

HTSUS subheading is provided for 

convenience and customs purposes, the 

written description of the merchandise 

under the order is dispositive. 

Fair Value Comparisons 

To determine whether sales of IQF red 

raspberries from Chile to the United 

States were made at less than normal 

value (NV), we compared export price 

(EP) to NV, as described in the ‘‘Export 

Price’’ and ‘‘Normal Value’’ sections of 

this notice. We note that we continue to 

have outstanding sales reconciliation 

issues with Valle Frio’s responses. For 

purposes of calculating these 


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