[Federal Register Volume 77, Number 247 (Wednesday, December 26, 2012)]
[Notices]
[Pages 75998-75999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-31101]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-835]
Lemon Juice from Mexico: Preliminary Results of Full Sunset
Review of the Suspended Antidumping Duty Investigation
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective December 26, 2012.
SUMMARY: On August 1, 2012, the Department of Commerce (``Department'')
published in the Federal Register the notice of initiation of the
sunset review of the suspended antidumping duty investigation on lemon
juice from Mexico. On September 19, 2012, based on the adequacy of
responses from both the domestic and the respondent interested parties,
the Department determined to conduct a full sunset review as provided
for in section 751(c)(5)(A) of the Act and in 19 CFR 351.218(e)(2). As
a result of its analysis, the Department preliminarily finds that
termination of the suspended antidumping duty investigation would be
likely to lead to continuation or recurrence of dumping at the margins
indicated in the ``Preliminary Results of Review'' section of this
notice.
FOR FURTHER INFORMATION CONTACT: Maureen Price or Sally C. Gannon,
Bilateral Agreements Unit, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4271 or (202) 482-0162, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 1, 2012, the Department initiated a sunset review of the
suspended antidumping duty investigation on lemon juice from Mexico,
pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the
Act'').\1\ The Department received a notice of intent to participate
from the domestic interested party, Ventura Coastal, LLC (``Ventura''),
a joint venture between Ventura Coastal and Sunkist Growers, Inc., the
petitioner in the underlying investigation, within the deadline
specified in 19 CFR 351.218(d)(1)(i). Ventura claimed interested party
status under section 771(9)(C) of the Act as a U.S. producer of the
subject merchandise. On August 31, 2012, the Department received
complete substantive responses from the domestic interested party and
the respondent interested parties, The Coca-Cola Company and its
subsidiary, The Coca-Cola Export Corporation, Mexico Branch
(collectively, ``TCCC'') and Procimart Citrus (``Procimart''), within
the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). On September
7, 2012, the Department received timely filed rebuttals to the
substantive responses from Ventura and Procimart. As a result, pursuant
to 19 CFR 351.218(e)(2), the Department determined to conduct a full
sunset review.\2\
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\1\ See Initiation of Five-Year (``Sunset'') Review and
Correction, 77 FR 45589 (August 1, 2012).
\2\ See Memorandum to Sally C. Gannon, Director for Bilateral
Agreements, Office of Policy, on ``Sunset Review of the Agreement
Suspending the Antidumping Investigation of Lemon Juice from Mexico:
Adequacy Determination'' dated September 19, 2012.
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Scope of the Suspended Investigation
The merchandise covered by the suspended investigation includes
certain lemon juice for further manufacture, with or without addition
of preservatives, sugar, or other sweeteners, regardless of the GPL
(grams per liter of citric acid) level of concentration, brix level,
brix/acid ratio, pulp content, clarity, grade, horticulture method
(e.g., organic or not), processed form (e.g., frozen or not-from-
concentrate), FDA standard of identity, the size of the container in
which packed, or the method of packing.
Excluded from the scope are: (1) Lemon juice at any level of
concentration packed in retail-sized containers ready for sale to
consumers, typically at a level of concentration of 48 GPL; and (2)
beverage products such as lemonade that typically contain 20% or less
lemon juice as an ingredient.
Lemon juice is classifiable under subheadings 2009.39.6020,
2009.31.6020, 2009.31.4000, 2009.31.6040, and 2009.39.6040 of the
Harmonized Tariff Schedule of the United States (HTSUS). While HTSUS
subheadings are provided for convenience and customs purposes, our
written description of the scope of this Agreement is dispositive.
Analysis of Comments Received
All issues raised in this review are addressed in the Issues and
Decision Memorandum (``Decision Memorandum'') from Lynn Fischer Fox,
Deputy Assistant Secretary for Policy & Negotiations, to Paul Piquado,
Assistant Secretary for Import Administration, dated concurrently with
this notice, which is hereby adopted by this notice. The issues
discussed in the Decision Memorandum include the likelihood of
continuation or recurrence of dumping, the magnitude of the margin of
dumping likely to prevail if the suspended investigation were
terminated, and the standing of Ventura as the domestic interested
party. Parties can find a complete discussion of all issues raised in
this sunset review and the corresponding recommendations in this public
memorandum, which is on file electronically via Import Administration's
Antidumping and Countervailing Duty Centralized Electronic Service
System (``IA ACCESS''). Access to IA ACCESS is available to registered
users at http://iaaccess.trade.gov/ and in the Central Records Unit
(``CRU''), Room 7046 of the main Department of Commerce building. In
addition, a complete version of the Decision Memorandum can be accessed
directly on the Internet at http://ia.ita.doc.gov/frn. The paper copy
and electronic version of the Decision Memorandum are identical in
content.
Preliminary Results of Review
Pursuant to sections 751(c)(1) and (3) of the Act, the Department
preliminarily determines that termination of the suspended antidumping
duty investigation on lemon juice from Mexico would likely lead to
continuation or recurrence of dumping at the following weighted-average
percentage margins:
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Manufacturer/Exporter CHED H=1>Weighted-Average
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Margin (percent)
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The Coca-Cola Export Corporation, Mexico Branch............ 146.10
Citrotam Internacional S.P.R. de R.L.(Citrotam)/Productos 205.37
Naturales de Citricos (Pronacit)..........................
All Others................................................. 146.10
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Interested parties may submit case briefs no later than 50 days
after the date of publication of the preliminary results of this full
sunset review, in accordance with 19 CFR 51.309(c)(1)(i). Any
interested party may request a hearing within 30 days of publication of
this notice in accordance with 19 CFR 351.310(c). Rebuttal briefs,
which must be limited to issues raised in the case briefs, may be filed
not later than the five days after the time limit for filing
[[Page 75999]]
case briefs in accordance with 19 CFR 351.309(d).
A hearing, if requested, will be held two days after the date the
rebuttal briefs are due. The Department will issue a notice of final
results of this full sunset review, which will include the results of
its analysis of issues raised in any such comments, no later than March
29, 2013.
The Department is issuing and publishing the results and notice in
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act.
Dated: December 19, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-31101 Filed 12-21-12; 4:15 pm]
BILLING CODE 3510-DS-P