[Federal Register Volume 77, Number 77 (Friday, April 20, 2012)]
[Notices]
[Pages 23659-23660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9592]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-840]
Revocation of Antidumping Duty Order: Certain Orange Juice From
Brazil
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.\1\ On April 13, 2012, the
International Trade Commission (ITC) determined that revocation of this
order would not be likely to lead to continuation or recurrence of
material injury to an industry in the United States within a reasonably
foreseeable time, pursuant to section 751(c) of the Tariff Act of 1930,
as amended (the Act).\2\ Therefore, pursuant to section 751(d)(2) of
the Act and 19 CFR 351.222(i)(1)(iii), the Department is revoking the
antidumping duty order on OJ from Brazil.
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\1\ See Initiation of Five-Year (``Sunset'') Review, 76 FR 5563
(Feb. 1, 2011) (Initiation Notice).
\2\ See Certain Orange Juice From Brazil, 77 FR 22343 (Apr. 13,
2012) (ITC Final).
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DATES: Effective Date: March 9, 2011.
FOR FURTHER INFORMATION CONTACT: 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) 482-3874.
SUPPLEMENTARY INFORMATION:
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.\3\
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 S.A.,\4\ Fischer S.A. Comercio, Industria, and
Agricultura, Montecitrus Trading S.A., and Sucocitrico Cutrale, S.A.
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\3\ See Antidumping Duty Order; Frozen Concentrated Orange Juice
From Brazil, 52 FR 16426 (May 5, 1987).
\4\ The Department preliminarily found that Louis Dreyfus
Commodities Agroindustrial S.A. (Louis Dreyfus) is the successor-in-
interest to Coinbra Frutesp (SA). See Certain Orange Juice From
Brazil: Preliminary Results of Antidumping Duty Administrative
Review and Preliminary No Shipment Determination, 77 FR 21724 (Apr.
11, 2012).
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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.
Background
On March 9, 2006, the Department published in the Federal Register
an antidumping duty order on OJ from Brazil.\5\
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\5\ See Antidumping Duty Order: Certain Orange Juice from
Brazil, 71 FR 12183 (Mar. 9, 2006).
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On February 1, 2011, the Department initiated, and the ITC
instituted, a sunset review of the antidumping duty order on OJ from
Brazil. See Initiation Notice. As a result of its sunset review of this
order, the Department found that revocation of the antidumping duty
order would be likely to lead to the continuation or recurrence of
dumping.\6\ The Department notified the ITC of the magnitude of the
margins likely to prevail were the antidumping duty order to be
revoked.
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\6\ See Certain Orange Juice From Brazil: Final Results of the
Expedited Sunset Review of the Antidumping Duty Order, 76 FR 30655
(May 26, 2011).
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On April 13, 2012, the ITC determined, pursuant to section 751(c)
of the Act, that revocation of this order would not be likely to lead
to continuation or recurrence of material injury to an industry in the
United States within a reasonably foreseeable time.\7\
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\7\ See ITC Final and USITC Publication 4311 (April 2012),
titled Certain Orange Juice from Brazil (Inv. No. 731-TA-1089).
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Revocation
As a result of the determination by the ITC that revocation of this
order is not likely to lead to the continuation or recurrence of
material injury to an industry in the United States, the Department,
pursuant to section 751(d) of the Act, is revoking the antidumping duty
order on OJ from Brazil. Pursuant to section 751(d)(2) of the Act and
19 CFR 351.222(i)(2)(i), the effective date of revocation is March 9,
2011 (i.e., the fifth anniversary of the date of publication in the
Federal Register of the antidumping duty order). The Department will
notify U.S. Customs and Border Protection to discontinue suspension of
liquidation and collection of cash deposits on entries of the subject
merchandise entered or withdrawn from warehouse on or after March 9,
2011, the effective date of revocation of the antidumping duty order.
The Department will complete any pending administrative reviews of this
order.
This revocation and notice are issued in accordance with section
751(d)(2) of the Act and published pursuant to section 777(i)(1) of the
Act.
[[Page 23660]]
Dated: April 16, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-9592 Filed 4-19-12; 8:45 am]
BILLING CODE 3510-DS-P