[Federal Register Volume 76, Number 102 (Thursday, May 26, 2011)]
[Notices]
[Pages 30655-30656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-13088]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-840]
Certain Orange Juice From Brazil: Final Results of the Expedited
Sunset Review of the Antidumping Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On February 1, 2011, the Department of Commerce (the
Department) initiated a sunset review of the antidumping duty order on
certain orange juice (OJ) from Brazil, pursuant to section 751(c) of
the Tariff Act of 1930, as amended (the Act). The Department has
conducted an expedited (120-day) sunset review of this order pursuant
to 19 CFR 351.218(e)(1)(ii)(C)(2). As a result of this sunset review,
the Department finds that revocation of the antidumping duty order
would be likely to lead to the continuation or recurrence of dumping.
DATES: Effective Date: May 26, 2011.
FOR FURTHER INFORMATION: Hector Rodriguez or Elizabeth Eastwood, AD/CVD
Operations, Office 2, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
0629 and (202) 482-3874, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 1, 2011, the Department published the notice of
initiation of the first sunset review of the antidumping duty order on
OJ from Brazil, pursuant to section 751(c) of the Act. See Initiation
of Five-Year (``Sunset'') Review, 76 FR 5563 (Feb. 1, 2011) (Notice of
Initiation).
The Department received two separate notices of intent to
participate from Florida Citrus Mutual, Citrus World, Inc., and Peace
River Citrus Products, Inc. (the petitioners) and from Southern Gardens
Citrus Processing Corporation (Southern Gardens), a producer in the
United States of a domestic like product. Both the petitioners and
Southern Gardens (collectively, the domestic interested parties)
claimed interested party status under sections 771(9)(C) and (D) of the
Act as producers of OJ in the United States.
The Department received adequate substantive responses to the
Notice of Initiation from the domestic interested parties within the
30-day deadline specified in 19 CFR 351.218(d)(3)(i). We received no
substantive responses from respondent interested parties with respect
to the order covered by this sunset review. As a result, pursuant to
section 752(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the
Department conducted an expedited (120-day) sunset review of the
antidumping duty order on OJ from Brazil.
[[Page 30656]]
Scope of the Order
The scope of the order includes certain orange juice for transport
and/or further manufacturing, produced in two different forms: (1)
Frozen orange juice in a highly concentrated form, sometimes referred
to as frozen concentrated orange juice for manufacture (FCOJM); and (2)
pasteurized single-strength orange juice which has not been
concentrated, referred to as not-from-concentrate (NFC). At the time of
the filing of the petition, there was an existing antidumping duty
order on frozen concentrated orange juice (FCOJ) from Brazil. See
Antidumping Duty Order; Frozen Concentrated Orange Juice From Brazil,
52 FR 16426 (May 5, 1987). Therefore, the scope of the order with
regard to FCOJM covers only FCOJM produced and/or exported by those
companies which were excluded or revoked from the pre-existing
antidumping order on FCOJ from Brazil as of December 27, 2004. Those
companies are Cargill Citrus Limitada, Coinbra-Frutesp (SA), Fischer
S.A. Comercio, Industria, and Agricultura, Montecitrus Trading S.A.,
and Sucocitrico Cutrale, S.A.
Excluded from the scope of the order are reconstituted orange juice
and frozen concentrated orange juice for retail (FCOJR). Reconstituted
orange juice is produced through further manufacture of FCOJM, by
adding water, oils and essences to the orange juice concentrate. FCOJR
is concentrated orange juice, typically at 42 Brix, in a frozen state,
packed in retail-sized containers ready for sale to consumers. FCOJR, a
finished consumer product, is produced through further manufacture of
FCOJM, a bulk manufacturer's product.
The subject merchandise is currently classifiable under subheadings
2009.11.00, 2009.12.25, 2009.12.45, and 2009.19.00 of the Harmonized
Tariff Schedule of the United States (HTSUS). These HTSUS subheadings
are provided for convenience and for customs purposes only and are not
dispositive. Rather, the written description of the scope of the order
is dispositive.
Analysis of Comments Received
All issues raised in this review are addressed in the ``Issues and
Decision Memorandum for the Expedited Sunset Review of the Antidumping
Duty Order on Certain Orange Juice from Brazil'' to Ronald K.
Lorentzen, Deputy Assistant Secretary for Import Administration (May
19, 2011) (Decision Memo), which is hereby adopted by this notice. The
issues discussed in the Decision Memo include the likelihood of
continuation or recurrence of dumping and the magnitude of the margin
likely to prevail if the order were revoked. Parties can find a
complete discussion of all issues raised in this review and the
corresponding recommendations in this public memorandum which is on
file in the Central Records Unit, Room 7046 of the main Department
building.
In addition, a complete version of the Decision Memo can be
accessed directly on the Web at http://ia.ita.doc.gov/frn. The paper
copy and electronic version of the Decision Memo are identical in
content.
Final Results of Review
We determine that revocation of the antidumping duty order on OJ
from Brazil would be likely to lead to the continuation or recurrence
of dumping at the following weighted-average percentage margins:
------------------------------------------------------------------------
Weighted-
Manufacturers/Exporters/Producers average margin
(percent)
------------------------------------------------------------------------
Fischer S.A. Comercio, Industria, and Agricultura *..... 12.46
Montecitrus Trading S.A................................. 60.29
Sucocitrico Cutrale, S.A................................ 19.19
All-Others Rate **...................................... 16.51
------------------------------------------------------------------------
* Fischer S.A. Comercio, Industria, and Agricultura is the successor-in-
interest to Fischer S/A--Agroindustria.
** The all-others rate in regards to FCOJM applies to Cargill Citrus
Limitada and Coinbra-Frutesp (SA). The all-others rate for NFC applies
to all other companies not identified above.
This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305. Timely
notification of the return or destruction of APO materials or
conversion to judicial protective orders is hereby requested. Failure
to comply with the regulations and terms of an APO is a violation which
is subject to sanction.
We are issuing and publishing the results and notice in accordance
with sections 751(c), 752(c), and 777(i)(1) of the Act.
Dated: May 19, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-13088 Filed 5-25-11; 8:45 am]
BILLING CODE 3510-DS-P