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AD: China Certain Non-Frozen Apple Juice Concentrate

The International Trade Administration (ITA) is amending its antidumping (AD) duty order, as well as its final and amended final affirmative AD duty determinations, on certain non-frozen apple juice concentrate from China as there is now a final and conclusive court decision affirming the ITA's remand determinations for this investigation.

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Amendment to AD Duty Order and Final Determination

As a result of the final court decision to affirm the ITA's remand determinations, Oriental, Nannan, Lakeside, Haisheng, and Zhonglu have each received a zero AD rate for the AD final determination and are excluded from the AD duty order on subject merchandise from China.

The remand determinations have also resulted in an AD rate of 3.83% in the AD final determination for Xian Yang2, Xian Asia2, Changsha2 and Shandong2.

The ITA adds that the China-wide rate of 51.74% is unchanged from the AD final determination and is not affected by this remand determination.

AD Cash Deposit Rates for a Time of Entry on or after 02/13/04:

Company

Antidumping (AD) Rate or Exclusion

Yantai Oriental Juice Co. (Oriental)1

excluded from AD order

Qingdao Nannan Foods Co. (Nannan)1

excluded from AD order

Sanmenxia Lakeside Fruit Juice Co. Ltd. (Lakeside)1

excluded from AD order

Shaanxi Haisheng Fresh Fruit Juice Co. (Haisheng)1

excluded from AD order

SDIC Zhonglu Juice Group Co. (Zhonglu)1

excluded from AD order

Xian YangFuan Juice Co., Ltd. (Xian Yang)2

3.83% (from 14.88%)

1 These five companies are newly excluded from the AD duty order on subject merchandise from China because each has an AD rate of zero in the final determination, upon remand. As a result, an AD cash deposit will no longer be required nor will liquidation be suspended.

2 Although the AD rate in the final determination upon remand for Xian Fang, Xian Asia Qin Fruit Co., Ltd. (Xian Asia), Changsha Industrial Products & Minerals Import & Export Corporation (Changsha), and Shandong Foodstuffs Import & Export Corporation (Shandong) was determined to be 3.83%, only Xian Yang has a new AD cash deposit rate. The ITA states that the other three companies each have an AD cash deposit rate from an administrative review for a more recent time period.

Appraisement Instructions and Liquidation Instructions

The ITA states that it will issue appraisement instructions directly to U.S. Customs and Border Protection.

The ITA also states that as a result of an injunction issued by the Court of International Trade (CIT), entries of subject merchandise manufactured or exported by Oriental, Nannan, Lakeside, Haisheng, Zhonglu, Xian Yang, Xian Asia, Changsha, and Shandong that were entered on or after November 23, 1999, have not been liquidated

Therefore, the ITA states that it is now lifting the injunction and will instruct CBP to liquidate all merchandise covered by the injunction consistent with the terms of injunction and the affirmed remand determinations.

(See ITA notice for more information. See ITT's Online Archives or 06/06/00 news, 00060515 for BP summary of the AD duty order and amended final determination of subject merchandise from China.)

ITA Contact --Audrey Twyman(202) 482-3534

(ITA notice (FR Pub 02/13/04) available at http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2004/pdf/04-3258.pdf)