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6618 Federal Register / Vol. 70, No.

25 / Tuesday, February 8, 2005 / Notices

DATES: Written comments must be whether the information shall have Background
submitted on or before April 11, 2005. practical utility; (b) the accuracy of the On August 6, 2004, the Department
ADDRESSES: Direct all written comments agency’s estimate of the burden published the Notice of Preliminary
to Diana Hynek, DOC Paperwork (including hours and cost) of the Results and Partial Rescission of
Clearance Officer, (202) 482–0266, proposed collection of information; (c) Antidumping Duty Administrative
Department of Commerce, Room 6625, ways to enhance the quality, utility, and Review: Individually Quick Frozen Red
14th and Constitution Avenue, NW., clarity of the information to be Raspberries From Chile, 69 FR 47869
Washington, DC 20230 or via Internet at collected; and (d) ways to minimize the (August 6, 2004) (‘‘Preliminary Results’’)
DHynek@doc.gov. burden of the collection of information in the Federal Register.
FOR FURTHER INFORMATION CONTACT:
on respondents, including through the On September 7, 2004, we received
Requests for additional information or use of automated collection techniques case briefs from The Pacific Northwest
copies of the information collection or other forms of information Berry Association and each of its
instrument(s) and instructions should technology. individual members, Curt Maberry
be directed to Pat Heinig, BIS ICB Comments submitted in response to Farm, Enfield Farms, Inc., Maberry
Liaison, (202) 482–4848, Department of this notice will be summarized and/or Packing, and Rader Farms, Inc.
Commerce, Room 6716, 14th & included in the request for OMB (collectively, ‘‘petitioners’’), and
Constitution Avenue, NW., Washington, approval of this information collection; Fruticola Olmue, S.A. (‘‘Olmue’’).
DC 20230. they will also become a matter of public On September 17, 2004, we received
record. rebuttal briefs from the petitioners,
SUPPLEMENTARY INFORMATION:
Dated: February 2, 2005. Olmue, H.J. Uren & Sons and Uren Chile
I. Abstract Madeleine Clayton,
S.A. (‘‘Uren’’), and Santiago Comercio
Exterior Exportaciones Limitada
The Defense Production Act of 1950, Management Analyst, Office of the Chief
Information Officer.
(‘‘SANCO’’).
as amended, and Executive Order On October 28, 2004, we rejected
12919, authorizes the Secretary of [FR Doc. 05–2328 Filed 2–7–05; 8:45 am] Olmue’s rebuttal brief because it
Commerce to assess the capabilities of BILLING CODE 3510–JT–P contained new factual information.
the defense industrial base to support Olmue filed a revised rebuttal brief on
the national defense and to develop November 1, 2004, redacting the new
policy alternatives to improve the DEPARTMENT OF COMMERCE factual information submitted in the
international competitiveness of specific original rebuttal brief.
domestic industries and their abilities to International Trade Administration
meet defense program needs. The Scope of the Order
information collected from voluntary [A–337–806]
The products covered by this order
surveys will be used to assist small and are imports of individually quick frozen
Notice of Final Results of Antidumping
medium-sized firms in defense (‘‘IQF’’) whole or broken red raspberries
Duty Administrative Review:
transition and in gaining access to from Chile, with or without the addition
Individually Quick Frozen Red
advanced technologies and of sugar or syrup, regardless of variety,
Raspberries From Chile
manufacturing processes available from grade, size or horticulture method (e.g.,
Federal Laboratories. The goal is to AGENCY: Import Administration, organic or not), the size of the container
improve regions of the country International Trade Administration, in which packed, or the method of
adversely by cutbacks in defense Department of Commerce. packing. The scope of the order
spending and military base closures. SUMMARY: On August 6, 2004, the excludes fresh red raspberries and block
II. Method of Collection Department of Commerce (‘‘the frozen red raspberries (i.e., puree,
Department’’) published the preliminary straight pack, juice stock, and juice
Survey. results of the administrative review of concentrate).
III. Data the antidumping duty order on The merchandise subject to this order
individually quick frozen red is currently classifiable under
OMB Number: 0694–0083. raspberries from Chile. We gave 0811.20.2020 of the Harmonized Tariff
Form Number: None. interested parties an opportunity to Schedule of the United States
Type of Review: Regular submission comment on the preliminary results and (‘‘HTSUS’’). Although the HTSUS
for extension of a currently approved have made certain changes for the final subheading is provided for convenience
collection. results. We find that certain companies and customs purposes, the written
Affected Public: Individuals, reviewed sold individually quick frozen description of the merchandise under
businesses or other for-profit and not- red raspberries from Chile in the United the order is dispositive.
for-profit institutions. States below normal value during the
Estimated Number of Respondents: Period of Review
period December 31, 2001, through June
3,000. 30, 2003. The period of review (‘‘POR’’) is
Estimated Time Per Response: 30 December 31, 2001, through June 30,
DATES: Effective Date: February 8, 2005.
minutes per response. 2003.
Estimated Total Annual Burden FOR FURTHER INFORMATION CONTACT:
Hours: 1,500. Yasmin Bordas or Cole Kyle, Office 1, Analysis of Comments Received
Estimated Total Annual Cost: No AD/CVD Operations, Office 1, Import All issues raised in the case and
start-up capital expenditures. Administration, International Trade rebuttal briefs by parties to this review
Administration, U.S. Department of are addressed in the February 2, 2005
IV. Request for Comments Commerce, 14th Street and Constitution Issues and Decision Memorandum for
Comments are invited on: (a) Whether Avenue, NW., Washington DC 20230; the First Antidumping Duty
the proposed collection of information telephone (202) 482–3813 and (202) Administrative Review of Individually
is necessary for the proper performance 482–1503, respectively. Quick Frozen Red Raspberries from
of the functions of the agency, including SUPPLEMENTARY INFORMATION: Chile (‘‘Decision Memorandum’’), which

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Federal Register / Vol. 70, No. 25 / Tuesday, February 8, 2005 / Notices 6619

is hereby adopted by this notice. Memorandum,’’ dated February 2, 2005, For U.S. sales of subject merchandise
Attached to this notice as an appendix (‘‘Olmue Calculation Memorandum’’). for which there were no comparable
is a list of the issues which parties have comparison market sales in the ordinary
Normal Value
raised and to which we have responded course of trade (e.g., sales that passed
in the Decision Memorandum. Parties A. Cost of Production the cost test), we compared those sales
can find a complete discussion of all to constructed value (‘‘CV’’), in
1. Calculation of Cost of Production
issues raised in this review and the accordance with section 773(a)(4) of the
corresponding recommendations in this We calculated the cost of production Act.
public memorandum which is on file in (‘‘COP’’) in accordance with section
the Department’s Central Records Unit, 773(b)(3) of the Act. For SANCO and B. Calculation of Constructed Value
Room B–099 of the main Department Olmue, we calculated the COP using the We calculated CV in accordance with
building (‘‘CRU’’). In addition, a same methodologies described in the sections 773(e)(1) and (e)(2)(A) of the
complete version of the Decision preliminary results. See SANCO Act. We used the same methodologies
Memorandum can be accessed directly Calculation Memorandum; see also described in the preliminary results.
on the Web at http://ia.ita.doc.gov/frn/ Olmue Calculation Memorandum. For Where appropriate, we made the same
index.html. The paper copy and Uren, we calculated the COP using the adjustments to the CV costs as described
electronic version of the Decision same methodologies described in the in the ‘‘Calculation of COP’’ section of
Memorandum are identical in content. preliminary results, with the exception this notice.
of using a revised general and
Facts Otherwise Available administrative expenses ratio. See C. Level of Trade
For the final results, the Department Decision Memorandum at Comment 5; We continue to find that one level of
continues to find that Uren’s largest see also Uren Calculation trade (‘‘LOT’’) exists in the comparison
supplier, which, as a producer of subject Memorandum. and U.S. markets for Olmue and
merchandise, is an interested party in SANCO. For Uren, we continue to find
this proceeding, did not act to the best a. Test of Comparison Market Prices
that two LOTs exist in the comparison
of its ability by failing to provide cost We tested whether comparison market market and that one LOT exists in the
of production information requested by sales of the foreign like product were U.S. market. See Decision Memorandum
the Department. Thus, the Department made at prices below the COP in at Comment 4. Therefore, for the final
continues to find that the use of adverse accordance with section 773(b) of the results, we have continued to match
facts available is warranted under Act, using the same methodologies Uren’s U.S. sales with its comparison
section 776 of the Tariff Act of 1930, as described in the preliminary results. market sales at the same LOT, where
amended effective January 1, 1995 (‘‘the b. Results of the COP Test possible, in accordance with section
Act’’), by the Uruguay Round 773(a)(7)(A) of the Act. In comparing EP
Agreements Act (‘‘URAA’’). See Pursuant to section 773(b)(1) of the sales at a different LOT in the
Preliminary Results at 69 FR 47869, Act, where less than 20 percent of a comparison market, where available
47871–47873 and Decision respondent’s sales of a given product data make it practicable, we make an
Memorandum at Comment 3. during the POR were at prices less than LOT adjustment under section
the COP, we do not disregard any 773(a)(7)(A) of the Act.
Fair Value Comparisons below-cost sales of that product because
To determine whether sales of IQF red we determine that in such instances the D. Calculation of Normal Value Based
raspberries from Chile to the United below-cost sales were not made in on Comparison Market Prices
States were made at less than normal ‘‘substantial quantities.’’ Where 20 We calculated NV based on
value, we compared export price (‘‘EP’’) percent or more of a respondent’s sales comparison market prices in accordance
to the normal value (‘‘NV’’). Our of a given product are at prices less than with section 773(a)(6) of the Act and 19
calculations followed the methodologies the COP, we determine that the below- CFR 351.410 and 411 (2003). For
described in the preliminary results, cost sales represent ‘‘substantial SANCO and Olmue, we used the same
except as noted below, and in the final quantities’’ within an extended period methodologies described in the
results calculation memoranda cited of time, in accordance with section preliminary results. For Uren, we used
below, which are on file in the CRU. 773(b)(1)(A) of the Act. In such cases, the same methodologies described in
we also determine whether such sales the preliminary results, with the
Export Price were made at prices which would not exception of using a we recalculated
We used EP as defined in section permit recovery of all costs within a Uren’sindirect selling expenses ratio.
772(a) of the Act. We calculated EP for reasonable period of time, in accordance See Decision Memorandum at Comment
Uren and SANCO based on the same with section 773(b)(1)(B) of the Act. 5; see also Uren Calculation
methodologies described in the We found that, for Olmue, SANCO Memorandum.
preliminary results. See ‘‘Uren Chile, and Uren, for certain specific products,
S.A. Final Results Calculation more than 20 percent of the comparison E. Calculation of Normal Value Based
Memorandum,’’ dated February 2, 2005, market sales were at prices less than the on Constructed Value
(‘‘Uren Calculation Memorandum’’) and COP and, thus, the below-cost sales We calculated NV based on CV using
‘‘Santiago Comercio Exterior were made within an extended period of the same methodologies described in
Exportaciones Limitada Calculation time in substantial quantities. In the preliminary results, in accordance
Memorandum,’’ dated February 2, 2005, addition, these sales were made at with sections 773(a) of the Act and 19
(‘‘SANCO Calculation Memorandum’’). prices that did not provide for the CFR 351.410.
For Olmue, we calculated EP based on recovery of costs within a reasonable
the same methodologies described in period of time. We therefore excluded Final Results of the Review
the preliminary results, with the these sales and used the remaining For the firms listed below, we find
exception of using a revised calculation sales, if any, as the basis for determining that the following percentage margins
of U.S. credit expenses. See ‘‘Fruticola NV, in accordance with section exist for the period December 31, 2001,
Olmue, S.A. Final Results Calculation 773(b)(1) of the Act. through June 30, 2003:

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6620 Federal Register / Vol. 70, No. 25 / Tuesday, February 8, 2005 / Notices

Weighted-av- which case the cash deposit rate will be Dated: February 2, 2005.
Exporter/manufacturer erage margin zero; (2) if the exporter is not a firm Barbara E. Tillman,
percentage covered in this review, but was covered Acting Assistant Secretary for Import
Administration.
Fruticola Olmue, S.A. ........... 1.23 in a previous review, or the original
Santiago Comercio Exterior investigation, the cash deposit rate will List of Comments in the Issues and Decision
Exportaciones, Ltda. ......... 0.25 continue to be the company-specific rate Memorandum
(de minimis) published for the most recent period; (3) General Comments
Uren Chile, S.A. .................... 13.41 if the exporter is not a firm covered in
Comment 1: Calculation of Cost of
this review, a previous review, or the Production
Assessment Rates original investigation, but the Comments Relating to Uren Chile, S.A.
The Department shall determine, and manufacturer is, the cash deposit rate
Comment 2: Grower and Processor Affiliation
U.S. Customs and Border Protection will be the rate established for the most
Comment 3: Application of Adverse Facts
(‘‘CBP’’) shall assess, antidumping recent period for the manufacturer of Available for Cost of Production
duties on all appropriate entries. In the merchandise; and (4) the cash Comment 4: Level of Trade
accordance with 19 CFR 351.212(b), we deposit rate for all other manufacturers Comment 5: Calculation of LOT Adjustment
have calculated importer (or customer)- and/or exporters shall continue to be Comment 6: Calculation of General and
specific assessment rates for 6.33 percent, the ‘‘all others’’ rate made Administrative Expenses
merchandise subject to this review. To effective by the less-than-fair-value Comment 7: Calculation of Financial Expense
determine whether the duty assessment investigation. See 67 FR 45460 (July 9, Ratio
rates were de minimis (i.e., at or below 2002). Comments Relating to Fruticola Olmue, S.A.
0.5 percent), in accordance with the Comment 8: Valuation of Olmue’s Fresh
requirement set forth in 19 CFR These requirements, when imposed, Raspberries
351.106(C)(2), for each respondent we shall remain in effect until publication Comment 9: Calculation of Financial Expense
calculated importer (or customer)- of the final results of the next Ratio
specific ad valorem rates by aggregating administrative review. Comment 10: Calculation of U.S. Credit
the dumping margins calculated for all Expense
Notification to Importers Comment 11: Treatment of Unpaid
U.S. sales to that importer (or customer)
Shipments
and dividing this amount by the entered This notice serves as a final reminder Comment 12: Start-up Adjustment
value of the sales to that importer (or to importers of their responsibility Comment 13: Treatment of Sales Made Above
customer). Where an importer (or under 19 CFR 402(f)(2) to file a Normal Value
customer)-specific ad valorem rate is certificate regarding the reimbursement [FR Doc. E5–515 Filed 2–7–05; 8:45 am]
greater than de minimis and the of antidumping duties prior to BILLING CODE 3510–DS–P
respondent has reported reliable entered liquidation of the relevant entries
values, we will apply the assessment during this review period. Failure to
rate to the entered value of the comply with this requirement could DEPARTMENT OF COMMERCE
importer’s/customer’s entries during the result in the Secretary’s presumption
review period. Where an importer (or that reimbursement of antidumping International Trade Administration
customer)-specific ad valorem rate is
duties occurred and the subsequent
greater than de minimis and we did not [A–201–822]
assessment of double antidumping
have entered values, we calculated a
per-unit assessment rate by aggregating duties. Certain Stainless Steel Sheet and Strip
the dumping duties due for all U.S. Notification Regarding APOs in Coils from Mexico: Final Results of
sales to each importer (or customer) and the Full Sunset Review of Antidumping
dividing this amount by the total This notice also serves as the only Duty Order
quantity sold to that importer (or reminder to parties subject to the
customer). administrative protective order (‘‘APO’’) AGENCY: Import Administration,
The Department will issue of their responsibility concerning the International Trade Administration,
appropriate assessment instructions disposition of proprietary information Department of Commerce.
directly to CBP within 15 days of SUMMARY: On November 17, 2004, the
disclosed under APO in accordance
publication of these final results of Department of Commerce (‘‘the
with 19 CFR 351.305(a)(3), which
review. Department’’) published a notice of
continues to govern business preliminary results of the full sunset
Cash Deposit Requirements proprietary information in this segment review of the antidumping duty order
of the proceeding. Timely written on certain stainless steel sheet and strip
The following cash deposit
notification of return/destruction of in coils (‘‘SSSS’’) from Mexico pursuant
requirements will be effective for all
shipments of the subject merchandise APO material or conversion to judicial to section 751(c) of the Tariff Act of
entered, or withdrawn from warehouse, protective order is hereby requested. 1930, as amended (‘‘the Act’’). We
for consumption on or after the Failure to comply with the regulation provided interested parties an
publication date of the final results of and the terms of an APO is a opportunity to comment on our
this administrative review, as provided sanctionable violation. preliminary results. We received case
by section 751(a)(1) of the Act: (1) The This administrative review and notice and rebuttal briefs from domestic and
cash deposit rates for the reviewed are published in accordance with respondent interested parties. No
companies will be those established sections 751(a)(1) and 777(i)(1) of the hearing was requested by parties. As a
above in the ‘‘Final Results of the Act and 19 CFR 351.221(b)(5). result of this review, the Department
Review’’ section of this notice, except if finds that revocation of this order would
the rate is less than 0.50 percent, and be likely to lead to continuation or
therefore, de minimis within the recurrence of dumping.
meaning of 19 CFR 351.106(c)(1), in EFFECTIVE DATE: February 8, 2005.

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