[Federal Register: January 27, 2009 (Volume 74, Number 16)]
[Notices]
[Page 4733-4734]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27ja09-13]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-840]
Certain Orange Juice From Brazil: Final Results of Antidumping
Duty Changed Circumstances Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: January 27, 2009.
SUMMARY: The Department of Commerce (the Department) has conducted a
changed circumstances review on certain orange juice (OJ) from Brazil
to determine whether the antidumping duty order should be revoked with
respect to imports of ultra low pulp orange juice (ULPOJ). On October
10, 2008, the Department published the preliminary results of its
changed circumstances review, in which we found that there was
sufficient interest on the part of the domestic industry to justify
maintaining the order with respect to ULPOJ. See Certain Orange Juice
from Brazil: Preliminary Results of Antidumping Duty Changed
Circumstances Review and Intent Not to Revoke, In Part, 73 FR 60241
(Oct. 10, 2008) (Preliminary Results).
We invited parties to comment on our preliminary results of review.
Based on our analysis of the comments received, we have not changed the
final results from those presented in the Preliminary Results.
FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood or Henry Almond;
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 or (202) 482-0049, respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 9, 2006, the Department published in the Federal Register
an antidumping duty order on OJ from Brazil. See Antidumping Duty
Order:
[[Page 4734]]
Certain Orange Juice From Brazil, 72 FR 12183 (Mar. 9, 2006).
On April 29, 2008, at the request of Tropicana Products, Inc.
(Tropicana), a domestic producer of orange juice, the Department
initiated a changed circumstances review of the order to consider
partially revoking the order with respect to ULPOJ, pursuant to section
751(b)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR
351.216(b) and 351.222(g)(1)(i). See Certain Orange Juice From Brazil:
Initiation of Antidumping Duty Changed Circumstances Review, 73 FR
23182 (Apr. 29, 2008). On October 10, 2008, the Department published
the preliminary results of this changed circumstances review. See
Preliminary Results, 73 FR 60241. In the Preliminary Results, we found
that there was sufficient interest on the part of the domestic OJ
industry to justify maintaining the order with respect to ULPOJ.
We invited parties to comment on our preliminary results of review.
In November 2008, we received case and rebuttal briefs from Tropicana
and the petitioners in this case (i.e., Florida Citrus Mutual, A. Duda
& Sons, Inc. (doing business as Citrus Belle), and Citrus World,
Inc.).\1\ Based on our analysis of the comments received, we have not
changed the final results from those presented in the Preliminary
Results.
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\1\ These entities are opposing revocation of the order in part
in this changed circumstances review; however, another petitioner,
Southern Gardens Citrus Processing Corporation, has not joined these
entities in opposing Tropicana's request.
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Scope of the Order
The scope of this 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 this 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.;
Sucocitrico Cutrale, S.A.; Fischer S.A. Comercio, Industria and
Agricutura; and Montecitrus Trading 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.
Scope of Changed Circumstances Review
The product subject to this changed circumstances review is ULPOJ,
which is concentrated orange juice with a pulp content of two percent
or less by weight/volume on an 11.8 degree brix equivalent base. This
product is a form of FCOJM and is commonly used in the manufacture of
soft drink concentrates.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this changed circumstances review, and to which we have responded, are
listed in the Appendix to this notice and addressed in the Issues and
Decision Memorandum (Decision Memo), which is adopted by this notice.
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 1117, 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 Changed Circumstances Review
More than 15 percent of the domestic industry has expressed
opposition to excluding ULPOJ from the antidumping duty order on OJ
from Brazil. As a result, we determine that producers accounting for
substantially all of the production of the domestic like product have
not expressed a lack of interest in maintaining the order with respect
to ULPOJ. Thus, we find that changed circumstances sufficient to
warrant revocation in part of the antidumping duty order on OJ from
Brazil do not exist. The current requirements for the cash deposit of
estimated antidumping duties on the subject merchandise will remain in
effect until further notice.
This notice also serves as a reminder to parties subject to
administrative protective orders (APOs) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.306. Timely written notification of
the return/destruction of APO materials or conversion to judicial
protective order is hereby requested. Failure to comply with the
regulations and terms of an APO is a sanctionable violation.
We are issuing and publishing this notice in accordance with
sections 751(b)(1) and 777(i)(1) of the Act and 19 CFR 351.216.
Dated: January 16, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
Appendix--Issue in the Decision Memorandum
Issue: Whether the Department Should Include Growers in its
Industry Support Determination.
[FR Doc. E9-1586 Filed 1-26-09; 8:45 am]
BILLING CODE 3510-DS-P