[Federal Register: October 19, 1999 (Volume 64, Number 201)] [Notices] [Page 56327-56328] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr19oc99-32] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-331-602] Certain Fresh Cut Flowers From Ecuador: Final Results of Changed- Circumstances Antidumping Duty Administrative Review; Revocation of Order; Termination of Administrative Reviews AGENCY: Import Administration, International Trade Administration, Department of Commerce. ACTION: Notice of final results of changed-circumstances antidumping duty administrative review, revocation of antidumping duty order, and termination of administrative reviews. ----------------------------------------------------------------------- SUMMARY: On September 9, 1999, the Department of Commerce published a notice of initiation of a changed-circumstances antidumping duty administrative review and preliminary results of review with intent to revoke the order on certain fresh cut flowers from Ecuador. We are now revoking this order, retroactive to March 1, 1997, based on the fact that domestic interested parties no longer have an interest in maintaining the antidumping duty order. EFFECTIVE DATE: October 19, 1999. FOR FURTHER INFORMATION CONTACT: Suzanne Flood or Edythe Artman, Office of AD/CVD Enforcement, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482-0665 or (202) 482-3931, respectively. SUPPLEMENTARY INFORMATION: [[Page 56328]] 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 of Commerce's (the Department's) regulations are to the regulations codified at 19 CFR part 351 (1998). Background On August 27, 1999, Timothy Haley, president of the Floral Trade Council (FTC), the FTC, and the FTC's Committees on Standard Carnations, Standard Chrysanthemums, and Pompom Chrysanthemums (the Committees) requested that the Department conduct a changed- circumstances administrative review to revoke the antidumping duty order on certain fresh cut flowers from Ecuador, retroactive to March 1, 1997. The FTC and the Committees stated that they no longer have an interest in maintaining the antidumping duty order. We preliminarily determined that the affirmative statement of no interest by the FTC and the Committees constituted changed circumstances sufficient to warrant revocation of this order. On September 9, 1999, we published a notice of initiation of a changed- circumstances antidumping duty administrative review and preliminary results of review with intent to revoke the order (64 FR 48981). We invited interested parties to comment on the preliminary results of this changed-circumstances review. The only comment that we received was a September 23, 1999, statement from Expoflores, an association of Ecuadorian flower producers and exporters, Claveles de la Montana, S.A., Floricultura Ecuaclavel S.A., Agritab Cia. Ltda., Florisol Cia. Ltda., and Flores del Quinche S.A. (The five companies are respondents in the administrative review covering the period March 1, 1997, through February 28, 1998.) In this statement, these parties expressed their support for the changed-circumstances review and requested that the Department revoke the order with respect to all merchandise entered, or withdrawn from warehouse, for consumption on or after March 1, 1997. Scope of Review The products covered by this changed-circumstances review are certain fresh cut flowers from Ecuador including standard carnations, standard chrysanthemums, and pompon chrysanthemums. These products are currently classifiable under item numbers 0603.10.70.10, 0603.10.70.20, and 0603.10.70.30, respectively, of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS item numbers are provided for convenience and customs purposes, the Department's written description of the scope remains dispositive. The changed-circumstances review covers all producers and exporters of certain fresh cut flowers from Ecuador. Final Results of Changed-Circumstances Antidumping Duty Administrative Review; Revocation of 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 that a changed- circumstances administrative review 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 administrative review in accordance with 19 CFR 351.221 if it decides that changed circumstances exist that are sufficient to warrant a review. Section 782(h)(2) of the Act and Sec. 351.222(g)(1)(i) of the Department's regulations 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 domestic interested parties. The FTC and its Committees are domestic interested parties as defined by section 771(9)(E) of the Act and 19 CFR 351.102(b). Based on the affirmative statement by the FTC and the Committees of no interest in the continued application of the order and based on the fact that no other domestic interested parties objected to or otherwise commented on our preliminary results of this review, we determine that there are changed circumstances sufficient to warrant revocation of the order. Therefore, the Department is revoking the antidumping duty order on certain fresh cut flowers from Ecuador, retroactive to March 1, 1997. In accordance with 19 CFR 351.222(g)(4), we will instruct the Customs Service to end the suspension of liquidation and to refund any estimated antidumping duties collected for all unliquidated entries of certain fresh cut flowers from Ecuador entered or withdrawn from warehouse on or after March 1, 1997. We will also instruct the Customs Service to pay interest on such refunds in accordance with section 778 of the Act. Termination of Administrative Reviews As the result of the revocation, the Department is terminating the administrative reviews covering the following periods: March 1, 1997, through February 28, 1998 (initiated on April 24, 1998 (63 FR 20378)); March 1, 1998, through February 28, 1999 (initiated on April 30, 1999 (64 FR 23269)). This changed-circumstances administrative review, revocation of the antidumping duty order, termination of administrative reviews, and notice are in accordance with sections 751(b), 751(d) and 782(h)(2) of the Act and 19 CFR 351.216 and 351.222. Dated: October 13, 1999. Robert S. LaRussa, Assistant Secretary for Import Administration. [FR Doc. 99-27293 Filed 10-18-99; 8:45 am] BILLING CODE 3510-DS-P