Law Offices

George R. Tuttle

A Professional Corporation

Three Embarcadero Center, Suite 1160

San Francisco, California 94111

Phone: 415 986 8780  Fax: 415 986 0908

Web Site:  http:\\www.tuttlelaw.com

July 13, 2001

GEORGE R. TUTTLE                                                                STEPHEN S. SPRAITZAR

STEPHEN S. SPRAITZAR                                                        (415) 288-0427

CARL D. CAMMARATA                                                           E-mail:  sss@tuttlelaw.com
GEORGE R. TUTTLE, III                                                            File Reference No. 0012

 

 

                                                                                               

U.S. COMMERCE DEPARTMENT INITIATES ANTIDUMPING INVESTIGATION
ON RED RASPBERRIES FROM CHILE

 

            We wish to advise you that in a Federal Register Notice dated June 28, 2001, the U.S. Department of Commerce announced that it had initiated an antidumping investigation on individually quick frozen (IQF) whole or broken red raspberries from Chile.  The notice indicates that based upon the information submitted in the petition, the estimated antidumping duty rate ranges from 2.73% to 61.27%.  However, this could change substantially after Commerce has reviewed the responses from the Chilean exporters to the antidumping questionnaire.

 

            The U.S. International Trade Commission (ITC) is scheduled to vote on its preliminary determination of injury by July 16, 2001.  If the vote by the ITC is in the affirmative, then Commerce will issue its antidumping questionnaires to the Chilean exporters.  If the vote is in the negative, then the entire antidumping proceeding is halted.

 

            If you are a trader or importer of this type of raspberries from Chile, it is critical that you identify yourself to Commerce if the petition is accepted, so that you can receive a questionnaire and respond to it.  Commerce will not necessarily be able to identify all respondents, and non-responding exporters may be subject to very high “all others” duty rates.

           

 

            It is important that responses to either ITC or Commerce questionnaires be accurate and complete.  In the case of the Commerce questionnaire, the responses are utilized by Commerce to determine the antidumping duty rate.  Even if you respond to the questionnaire, failure to satisfy the agency that you have provided accurate and complete information can result in very high antidumping margins.  Often, high antidumping duty rates can be reduced by providing comprehensive data that is responsive to the Commerce questionnaire and by understanding how to present and explain the data so that Commerce will calculate dumping margins properly. 

            Needless to say, the area of antidumping duties is a difficult and complicated one.  Professional advice should be sought with regard to completing a questionnaire and in participating effectively in these antidumping proceedings.  Our firm specializes in international trade law, including the area of antidumping duties.  We are especially fortunate to have associated with a consultant who was a former antidumping analyst at Commerce.  In addition, we wish to advise you that we are currently representing a respondent in Certain Preserved Mushrooms From Chile, an antidumping proceeding currently pending before Commerce.  Thus, we have had experience with antidumping matters on products imported from Chile.  If you would like a referral on this matter,  we would be pleased to provide it to you.

            If you have an interest in the petition filed on red raspberries from Chile, we can provide the necessary legal assistance in advising you and responding to these investigations, should the ITC and Commerce proceed with this case.  If you have any questions on the issues raised in this newsletter, please contact Stephen S. Spraitzar at (415) 288-0427, or by email at sss@tuttlelaw.com.