AMENDED PRELIMINARY DETERMINATION & CORRECTED SCOPE IN ANTIDUMPING DUTY INVESTIGATION OF NON FROZEN APPLE JUICE CONCENTRATE FROM PEOPLES REPUBLIC OF CHINA (A-570-855-003)

MESSAGE NO: 0007210 DATE: 01 07 2000 CATEGORY: ADA TYPE: PRE REFERENCE: 9333201 REFERENCE DATE: 11 29 1999 CASES: A - 570 - 855 - - - - - - - - - - PERIOD COVERED: 12 27 1999 TO LIQ SUSPENSION DATE: TO: DIRECTORS OF FIELD OPERATIONS PORT DIRECTORS FROM: DIRECTOR, TRADE ENFORCEMENT & CONTROL RE: AMENDED PRELIMINARY DETERMINATION & CORRECTED SCOPE IN ANTIDUMPING DUTY INVESTIGATION OF NON FROZEN APPLE JUICE CONCENTRATE FROM PEOPLES REPUBLIC OF CHINA (A-570-855-003) 1. ON DECEMBER 27, 1999, THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER ITS AMENDED PRELIMINARY DETERMINATION OF SALES AT LESS THAN FAIR VALUE IN THE ANTIDUMPING DUTY INVESTIGATION OF NON-FROZEN APPLE JUICE CONCENTRATE FROM THE PEOPLE'S REPUBLIC OF CHINA (A-570-855). THIS IS AN AMENDMENT OF MESSAGE NO. 9333201 OF NOVEMBER 29, 1999. 2. SINCE THE PUBLICATION OF THE PRELIMINARY DETERMINATION, THE DEPARTMENT HAS LEARNED THAT THE HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES ("HTSUS") SUBHEADING CITED THEREIN DOES NOT FULLY INCORPORATE ALL PRODUCTS INCLUDED IN THE WRITTEN DESCRIPTION OF THE SCOPE. THE COMPLETE SCOPE, WITH THE CORRECT HTSUS NUMBERS IS REPEATED BELOW. THE PRODUCT COVERED BY THE SCOPE IS ALL NON-FROZEN CONCENTRATED APPLE JUICE WITH A BRIX VALUE OF 40 OR GREATER, WHETHER OR NOT CONTAINING ADDED SUGAR OR OTHER SWEETENING MATTER AND WHETHER OR NOT FORTIFIED WITH VITAMINS OR MINERALS. EXCLUDED FROM THE SCOPE OF THIS INVESTIGATION ARE FROZEN CONCENTRATED APPLE JUICE, NON-FROZEN CONCENTRATED APPLE JUICE THAT HAS BEEN FERMENTED, AND NON-FROZEN CONCENTRATED APPLE JUICE TO WHICH SPIRITS HAVE BEEN ADDED. THE MERCHANDISE SUBJECT TO THIS INVESTIGATION IS CLASSIFIED IN THE HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES ("HTSUS") AT SUBHEADINGS 2009.70.00.20 AND 2106.90.52.00. ALTHOUGH THE HTSUS SUBHEADINGS ARE PROVIDED FOR CONVENIENCE AND CUSTOMS PURPOSES, THE WRITTEN DESCRIPTION OF THE MERCHANDISE UNDER INVESTIGATION IS DISPOSITIVE. 3. ON NOVEMBER 24, 1999, RESPONDENTS IN THIS INVESTIGATION ALLEGED THAT THE DEPARTMENT MADE CERTAIN MINISTERIAL ERRORS IN ITS PRELIMINARY DETERMINATION CALCULATIONS. COMMERCE HAS REVIEWED ITS CALCULATIONS AND FOUND THAT SIGNIFICANT MINISTERIAL ERRORS WERE MADE WITH RESPECT TO SANMENXIA LAKESIDE FRUIT JUICE CO., LTD. ("LAKESIDE") (CUSTOMS ID NO. A-570-855-003). ACCORDINGLY, EFFECTIVE DECEMBER 27, 1999, THE CASH DEPOSIT RATE FOR LAKESIDE HAS BEEN REVISED. EFFECTIVE IMMEDIATELY, CUSTOMS OFFICERS SHOULD BEGIN COLLECTING DEPOSITS OF ANTIDUMPING DUTIES AT THE REVISED RATE SHOWN BELOW: MFR/PRODUCER CUSTOMS ID REVISED MARGIN EXPORTER NUMBER PERCENT SANMENXIA LAKESIDE FRUIT JUICE CO., LTD. (LAKESIDE) A-570-855-003 29.89 4. THE CASH DEPOSIT RATES FOR SHAANXI HAISHENG FRESH FRUIT JUICE CO., LTD. (HAISHENG), QINGDAO NANNAN FOODS CO. LTD, (NANNAN), SHAANXI MACHINERY & EQUIPMENT IMPORT & EXPORT CORP. (SAAME), XIAN ASIA QIN FRUIT CO., LTD. (ASIA FRUIT), XIAN YANG FUAN JUICE CO., LTD (FUAN), CHANGSHA INDUSTRIAL PRODUCTS & MINERALS IMPORT AND EXPORT CO., LTD. (CHANGSHA), SHANDONG FOODSTUFFS IMPORTS AND EXPORT CORPORATION (SHANDONG FOODSTUFFS), SHANGDONG ZHONGLU CO. LTD. (ZHONGLU), YANTAI ORIENTAL JUICE CO., LTD (ORIENTAL), AND THE PRC-WIDE RATE ARE UNCHANGED. ALSO, COMMERCE'S PRELIMINARY FINDINGS OF CRITICAL CIRCUMSTANCES REMAIN UNCHANGED. 5. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS OFFICERS, PLEASE CONTACT, VIA E-MAIL, THROUGH THE APPROPRIATE SUPERVISORY CHANNELS, OTHER GOVERNMENT AGENCY LIAISON, USING THE ATTRIBUTE "HQ OAB." THE IMPORTING PUBLIC AND OTHER INTERESTED PARTIES SHOULD CONTACT SALLY HASTINGS OR CRAIG MATNEY, OFFICE OF AD/CVD ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-3464 OR (202) 482-1778, RESPECTIVELY. 5. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. PAUL SCHWARTZ