Fresh Kiwifruit From New Zealand: Initiation and Preliminary Results of Changed Circumstances Review and Intent To Revoke Order, and Rescission of Antidumping Duty Administrative Review

[Federal Register Volume 64, Number 161 (Friday, August 20, 1999)]
[Notices]
[Pages 45508-45510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21715]


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DEPARTMENT OF COMMERCE

International Trade Administration
[A-614-801]


Fresh Kiwifruit From New Zealand: Initiation and Preliminary 
Results of Changed Circumstances Review and Intent To Revoke Order, and 
Rescission of Antidumping Duty Administrative Review

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

ACTION: Notice of initiation and preliminary results of changed 
circumstances review and intent to revoke order, and rescission of 
antidumping duty administrative review.

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SUMMARY: In response to a request from the petitioner, the California 
Kiwifruit Commission, the Department of Commerce (the Department) is 
initiating a changed circumstances review and is issuing this notice of 
intent to revoke the antidumping duty order on fresh kiwifruit from New 
Zealand. The petitioner requested that the Department revoke the order 
on fresh kiwifruit from New Zealand retroactive to June 1, 1997, 
because it no longer has an interest in maintaining the order. The 
California Kiwifruit Commission is a domestic interested party and was 
the petitioner in the less-than-fair-value (LTFV)

[[Page 45509]]

investigation. We are initiating this changed circumstances review and 
issuing this notice of our preliminary determination to revoke the 
order retroactive to June 1, 1997. In addition, in response to the 
respondent's withdrawal of its request for the present (sixth) 
administrative review, the Department is rescinding the sixth 
administrative review of the order.

EFFECTIVE DATE: August 20, 1999.

FOR FURTHER INFORMATION CONTACT: Sunkyu Kim or John P. Maloney, Jr., 
Office 2, AD/CVD Enforcement Group I, Import Administration-Room B099, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW, Washington, DC 20230; telephone 
(202) 482-2613 or (202) 482-1503, respectively.

SUPPLEMENTARY INFORMATION:

The Applicable Statute and Regulations

    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 Agreements Act (URAA). In addition, unless 
otherwise indicated, all citations to the Department's regulations are 
to the regulations codified at 19 CFR part 351 (April 1998).

Background

    On July 30, 1999, the petitioner, the California Kiwifruit 
Commission, requested that the Department conduct a changed 
circumstances review to revoke the antidumping duty order on fresh 
kiwifruit from New Zealand retroactive to June 1, 1997. The petitioner 
stated that circumstances have changed such that the petitioner no 
longer has an interest in maintaining the antidumping duty order. On 
August 5, 1999, the petitioner submitted a supplement to its request 
indicating that it represents all kiwifruit growers in California and 
virtually all commercial growers of kiwifruit in the United States.
    The petitioner also requested that, due to the pendency of the 
ongoing administrative review of the order, the Department initiate and 
complete the changed circumstances review on an expedited basis.
    On July 14, 1999, the New Zealand Kiwifruit Marketing Board 
(NZKMB), the sole respondent in this proceeding, filed a withdrawal of 
its request for an administrative review of the June 1, 1997, through 
May 31, 1998, review period (the sixth review), and requested that the 
Department rescind the sixth review. Given that the respondent's 
withdrawal and rescission request was filed after the 90-day period for 
withdrawing a request for a review, the respondent asked the Department 
to exercise its regulatory discretion to rescind the sixth review.

Scope of Review

    The product covered by this review is fresh kiwifruit. Processed 
kiwifruit, including fruit jams, jellies, pastes, purees, mineral 
waters, or juices made from or containing kiwifruit are not covered 
under the scope of this review. This merchandise is currently 
classifiable under Harmonized Tariff Schedule of the United States 
(HTSUS) subheading 0810.90.20.60. Although the HTSUS subheading is 
provided for convenience and customs purposes, the written description 
of the scope of this proceeding is dispositive.

Initiation and Preliminary Results of Changed Circumstances Review 
and Intent To Revoke Order

    Pursuant to section 751(d)(1) of the Act, the Department may 
revoke, in whole or in part, an antidumping duty order based on a 
review under section 751(b) of the Act (i.e., a changed circumstances 
review). Section 751(b)(1) of the Act requires a changed circumstances 
review to be conducted upon receipt of a request containing sufficient 
information concerning changed circumstances.
    The Department's regulations at 19 CFR 351.216(d) require the 
Department to conduct a changed circumstances review in accordance with 
19 CFR 351.221 if it decides that changed circumstances sufficient to 
warrant a review exist. Section 782(h) of the Act and 19 CFR 
351.222(g)(1)(i) provide further that the Department may revoke an 
order, in whole or in part, if it concludes that the order under review 
is no longer of interest to producers accounting for substantially all 
of the production of the domestic like product. In addition, in the 
event that the Department concludes that expedited action is warranted, 
19 CFR 351.221(c)(3)(ii) permits the Department to combine the notices 
of initiation and preliminary results.
    The California Kiwifruit Commission is a domestic interested party 
as defined by section 771(9)(E) of the Act and 19 CFR 351.102(b) and 
was the petitioner in the LTFV investigation of this proceeding. We 
preliminarily determine that the California Kiwifruit Commission 
represents producers accounting for substantially all of the production 
of the domestic like product. Therefore, based on the affirmative 
statement by the California Kiwifruit Commission of no interest in the 
continued application of the antidumping duty order on fresh kiwifruit 
from New Zealand, we are initiating this changed circumstances review. 
Further, based on the request by the petitioner and its affirmative 
statement of no interest dating back to June 1, 1997, we have 
determined that expedited action is warranted, and we are combining 
these notices of initiation and preliminary results. We have 
preliminarily determined that there are changed circumstances 
sufficient to warrant revocation of the order in whole. We are hereby 
notifying the public of our intent to revoke in whole the antidumping 
duty order on fresh kiwifruit from New Zealand retroactive to June 1, 
1997.
    If final revocation of the order occurs, we intend to instruct the 
Customs Service to end the suspension of liquidation and to refund any 
estimated antidumping duties collected for all unliquidated entries of 
fresh kiwifruit from New Zealand on or after June 1, 1997, in 
accordance with 19 CFR 351.222(g)(4). We will also instruct the Customs 
Service to pay interest on such refunds in accordance with section 778 
of the Act. The current requirement for a cash deposit of estimated 
antidumping duties will continue until publication of the final results 
of this changed circumstances review.

Rescission of Administrative Review

    On July 14, 1999, NZKMB withdrew its request for review in the 
sixth review period (June 1, 1997, through May 31, 1998). In accordance 
with 19 CFR 351.213(d)(1), we are rescinding this review because NZKMB 
withdrew its request for a review and no other interested party 
requested that NZKMB be reviewed. Although NZKMB did not file its 
withdrawal request within 90 days of the publication of initiation of 
the requested review, we are exercising the discretion to extend that 
time limit afforded by 19 CFR 351.213(d)(1). That section allows the 
Department to rescind a review after 90 days when it is reasonable to 
do so. In this case, the petitioner concomitantly has filed a request 
for a changed circumstances review and revocation of the order based on 
a lack of domestic interest dating back to June 1, 1997, the month the 
request was filed for the sixth review. Given the lack of domestic 
interest prior to the date of initiation of the sixth review, we have 
determined that it is reasonable to rescind the sixth review based on 
NZKMB's filing of a withdrawal of its request for a review on July 14, 
1999.

[[Page 45510]]

Public Comment

    Any interested party may request a hearing within 10 days of 
publication of this notice. Any hearing, if requested, will be held no 
later than 28 days after the date of publication of this notice. 
Written comments from interested parties may be submitted not later 
than 14 days after the date of publication of this notice. Rebuttal 
comments to written comments, limited to issues raised in those 
comments, may be filed not later than 21 days after the date of 
publication of this notice. All written comments shall be submitted in 
accordance with 19 CFR 351.303. Persons interested in attending the 
hearing should contact the Department for the date and time of the 
hearing. The Department will publish the final results of this changed 
circumstances review, including the results of its analysis of issues 
raised in any written comments.
    This notice is in accordance with section 751(b)(1) of the Act and 
19 CFR 351.216 and 351.222.

    Dated: August 13, 1999.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 99-21715 Filed 8-19-99; 8:45 am]
BILLING CODE 3510-DS-P