[Federal Register Volume 61, Number 172 (Wednesday, September 4, 1996)] [Notices] [Page 46617] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-22451] ======================================================================== Notices Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains documents other than rules or proposed rules that are applicable to the public. Notices of hearings and investigations, committee meetings, agency decisions and rulings, delegations of authority, filing of petitions and applications and agency statements of organization and functions are examples of documents appearing in this section. ======================================================================== Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / Notices [[Page 46617]] DEPARTMENT OF AGRICULTURE Foreign Agricultural Service Special Provision for Frozen Concentrated Orange Juice Under the North American Free Trade Agreement Implementation Act AGENCY: Foreign Agricultural Service, USDA. ACTION: Notice of Determination of Termination of Existence of Price Conditions Necessary for Imposition of Temporary Duty on Frozen Concentrated Orange Juice from Mexico. ----------------------------------------------------------------------- SUMMARY: Pursuant to Section 309(a) of the North American Free Trade Agreement Implementation Act of 1993 (``NAFTA Implementation Act''), this is a notification that for 5 consecutive business days the daily price for frozen concentrated orange juice has exceeded the trigger price. FOR FURTHER INFORMATION CONTACT: Joseph Somers, Horticultural and Tropical Products Division, Foreign Agricultural Service, U.S. Department of Agriculture, Washington, DC 20250-1000 or telephone at (202) 720-2974. SUPPLEMENTARY INFORMATION: The NAFTA Implementation Act authorizes the imposition of a temporary duty (snapback) for Mexican frozen concentrated orange juice when certain conditions exist. Mexican articles falling under subheading 2009.11.00 of the Harmonized Tariff Schedule of the United States (HTS) are subject to the snapback duty provision. Under Section 309(a) of the NAFTA Implementation Act, certain price conditions must exist before the United States can apply a snapback duty on imports of Mexican frozen concentrated orange juice. In addition, such imports must exceed specified amounts before the snapback duty can be applied. The price conditions exist when for each period of 5 consecutive business days the daily price for frozen concentrated orange juice is less than the trigger price. For the purpose of this provision, the term ``daily price'' means the daily closing price of the New York Cotton Exchange, or any successor as determined by the Secretary of Agriculture (the ``Exchange''), for the closest month in which contracts for frozen concentrated orange juice are being traded on the Exchange. The term ``business day'' means a day in which contracts for frozen concentrated orange juice are being traded on the Exchange. The term ``trigger price'' means the average daily closing price of the Exchange for the corresponding month during the previous 5-year period, excluding the year with the highest average price for the corresponding month and the year with the lowest average price for the corresponding month. Price conditions no longer exist when the Secretary determines that for a period of 5 consecutive business days the daily price for frozen concentrated orange juice has exceeded the trigger price. Whenever the price conditions are determined to exist or to cease to exist the Secretary is required to immediately notify the Commissioner of Customs of such determination. Whenever the determination is that the price conditions exist and the quantity of Mexican articles of frozen concentrated orange juice entered exceeds (1) 264,978,000 liters (single strength equivalent) in any of calendar years 1994 through 2002, or (2) 340,560,000 liters (single strength equivalent) in any of calendar years 2003 through 2007, the rate of duty on Mexican articles of frozen concentrated orange juice that are entered after the date on which the applicable quantity limitation is reached and before the date of publication in the Federal Register of the determination that the price conditions have ceased to exist shall be the lower of--(1) the column 1--General rate of duty in effect for such articles on July 1, 1991; or (2) the column 1--General rate of duty in effect on that day. For the purpose of this provision, the term ``entered'' means entered or withdrawn from warehouse for consumption in the customs territory of the United States. In accordance with Section 309(a) of the NAFTA Implementation Act, it has been determined that for the period August 5-9, the daily price for frozen concentrated orange juice has exceeded the trigger price. Issued at Washington, DC the 26th day of August 1996. Timothy J. Galvin, Acting Administrator, Foreign Agricultural Service. [FR Doc. 96-22451 Filed 9-3-96; 8:45 am] BILLING CODE 3410-10-M