[Federal Register Volume 59, Number 203 (Friday, October 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26204]


[[Page Unknown]]

[Federal Register: October 21, 1994]


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DEPARTMENT OF COMMERCE
[A-351-605]

 

Frozen Concentrated Orange Juice From Brazil; Final Results of 
Antidumping Duty Administrative Review and Revocation of Order in Part

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of final results of antidumping duty administrative 
review and revocation in part.

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SUMMARY: On February 3, 1994, the Department of Commerce (the 
Department) published the preliminary results of its administrative 
review of the antidumping duty order on frozen concentrated orange 
juice (FCOJ) from Brazil, and its intent to revoke the order in part 
(59 FR 5174). We have now completed this review and determined the 
margins for Branco Peres, Citropectina, and Frutropic to be zero or de 
minimis during the period May 1, 1991 through April 30, 1992. We have 
also determined that Frutropic has met the requirements for revocation.

EFFECTIVE DATE: October 21, 1994.

FOR FURTHER INFORMATION CONTACT:
Stephen Lebowitz or Kelly Parkhill, Office of Countervailing 
Compliance, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-2786.

SUPPLEMENTARY INFORMATION: 

Background

    On May 5, 1987, the Department published in the Federal Register an 
antidumping duty order on FCOJ from Brazil (52 FR 16424). On May 31, 
1992, pursuant to the Department's notice of ``Opportunity to Request 
Administrative Review'' (57 FR 19412) of the order for the period May 
1, 1991 through April 30, 1992, Branco Peres, Citropectina, and 
Frutropic requested an administrative review. Accordingly, the 
Department initiated this administrative review on June 18, 1992 (57 FR 
27212).
    On May 29, 1992, Frutropic submitted a timely request for 
revocation of the antidumping duty order, accompanied by the 
certification required by 19 CFR 353.25(b)(1). Frutropic did not submit 
an agreement to immediate reinstatement of the order under 19 CFR 
353.25(a)(2)(iii). Frutropic claimed that it was not required to do so 
because Frutropic was not originally investigated and had never been 
found to have sold at less than foreign market value (FMV) in any 
administrative review.
    On February 3, 1994, the Department published the preliminary 
results of its administrative review and its intent to revoke the order 
in part (59 FR 51174). We gave interested parties an opportunity to 
comment on the preliminary results. No comments were received.
    In the preliminary results of this review, we erroneously stated 
that FMV periods of less than one month were used because distortions 
could result from the application of a monthly FMV due to 
hyperinflation. In fact, shorter periods were used to avoid distortions 
which would have been created through the use of a monthly FMV due to 
significant price fluctuations unrelated to hyperinflation. The 
Department has now completed this administrative review in accordance 
with section 751 of the Tariff Act of 1930, as amended (the Act).

Scope of Review

    Imports covered by the administrative review are shipments of FCOJ 
from Brazil. The merchandise is currently classifiable under item 
2009.11.00 of the Harmonized Tariff Schedule (HTS). The HTS item number 
is provided for convenience and Customs purposes. The written 
description remains dispositive.

Final Results of the Review

    The final results of our review are identical to those in the 
preliminary results of review:

------------------------------------------------------------------------
                                                                 Margin 
           Manufacturer/Exporter               Time period     (percent)
------------------------------------------------------------------------
Branco Peres...............................    5/1/91-4/30/92      0.03 
Citropectina...............................    5/1/91-4/30/92         0 
Frutropic..................................    5/1/91-4/30/92         0 
------------------------------------------------------------------------

    The Department hereby revokes the antidumping duty order with 
respect to Frutropic, as it has demonstrated three consecutive years of 
sales at not less than FMV, and it is not likely that Frutropic will 
sell subject merchandise at less than FMV in the future. As required by 
19 CFR 353.25(c)(2)(ii), the Department has conducted a verification of 
all factual information submitted by Frutropic in this administrative 
review.
    We have also examined Frutropic's claim that it is not required to 
file an agreement under 19 CFR 353.25(a)(2)(iii). Section 
353.35(a)(2)(iii) states that:

For producers or resellers that the Secretary previously has 
determined to have sold the merchandise at less than foreign market 
value, the producers or resellers agree in writing to their 
immediate reinstatement in the order, as long as any producer or 
reseller is subject to the order, if the Secretary concludes under 
section 353.22(f) that the producer or reseller, subsequent to the 
revocation, sold the merchandise at less than foreign market value.

As Frutropic was not originally investigated and has not been found to 
have sold at less than FMV in the first administrative review or in any 
of the other years in which the company was reviewed, we determine that 
Frutropic has not sold the merchandise at less than FMV for purposes of 
19 CFR 353.25(a)(2)(iii), and is not required to submit an agreement to 
immediate reinstatement in the order. The Department is, therefore, 
revoking the order with respect to Frutropic.
    However, if the Department concludes from available information 
that changed circumstances sufficient to warrant a review exist with 
respect to exports of FCOJ from Frutropic, the Department will initiate 
a changed circumstances antidumping administrative review under 19 CFR 
353.22(f). Further, if as a result of this changed circumstances 
review, the Department concludes that, subsequent to revocation, 
Frutropic sold the subject merchandise at less-than-fair-value (LTFV), 
the Department will reinstate the order with respect to Frutropic.
    The Department will instruct the U.S. Customs Service to assess 
antidumping duties on all appropriate entries. With respect to 
Frutropic's entries, the Department will instruct Customs to terminate 
suspension of liquidation, to liquidate all entries without regard to 
antidumping duties and to cease collecting cash deposits. Since the 
margins for Branco Peres and Citropectina are de minimis and zero, 
respectively, the Department shall not require a cash deposit of 
antidumping duties on entries of FCOJ from these companies.
    Furthermore, the following deposit requirements will be effective 
upon publication of this notice of final results of administrative 
review for all shipments of the subject merchandise, entered or 
withdrawn from warehouse, for consumption on or after the publication 
date, as provided for by section 751(a)(1) of the Act: (1) the cash 
deposit rate for the reviewed companies will be as outlined above; (2) 
for previously reviewed or investigated companies not listed above, the 
cash deposit rate will continue to be the company-specific rate 
published for the most recent period; (3) if the exporter is not a firm 
covered in this review, a prior review, or the original LTFV 
investigation, but the manufacturer is, the cash deposit rate will be 
the rate established for the most recent period for the manufacture of 
the merchandise; (4) the cash deposit rate for all other manufacturers 
or exporters will be 1.96 percent, the ``all other'' rate established 
in the original LTFV investigation by the Department (52 FR 9324, March 
17, 1989), in accordance with the decisions of the Court of 
International Trade in Floral Trade Council v. United States, Slip Op. 
993-79, and Federal-Mogul Corporation v. United States, Slip Op. 93-83.
    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 353.26 to file a certificate regarding the 
reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this review period. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This notice serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibilities 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 353.34(d). Failure to 
comply is a violation of the APO. This administrative review and notice 
are in accordance with sections 751(a)(1)(B) of the Act (19 U.S.C. 
1675(a)(1)(B)) and 19 CFR 353.22 and 353.25.

    Dated: October 11, 1994.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 94-26204 Filed 10-20-94; 8:45 am]
BILLING CODE 3510-DS-M