[Federal Register Volume 64, Number 150 (Thursday, August 5, 1999)]
[Notices]
[Pages 42660-42661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20213]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-605]
Continuation of Antidumping Duty Order: Frozen Concentrated
Orange Juice From Brazil.
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of continuation of antidumping duty order: frozen
concentrated orange juice from Brazil.
-----------------------------------------------------------------------
SUMMARY: On April 7, 1999, the Department of Commerce (``the
Department''), pursuant to sections 751(c) and 752 of the Tariff Act
from 1930, as amended (``the Act''), determined that revocation of the
antidumping duty order on frozen concentrated orange juice from Brazil
would be likely to lead to continuation or recurrence of dumping (64 FR
16901 (April 7, 1999)). On May 21, 1999, the International Trade
Commission (``the Commission''), pursuant to section 751(c) of the Act,
determined that revocation of the antidumping duty order on frozen
concentrated orange juice from Brazil would be likely to lead to
continuation or recurrence of material injury to an industry in the
United States within a reasonably foreseeable time (64 FR 27806 (May
21, 1999)). Therefore, pursuant to 19 CFR 351.218(f)(4), the Department
is publishing notice of the continuation of the antidumping duty order
on frozen concentrated orange juice from Brazil.
FOR FURTHER INFORMATION CONTACt: Scott E. Smith or Melissa G. Skinner,
Office of Policy for Import Administration, International Trade
[[Page 42661]]
Administration, U.S. Department of Commerce, 14th and Constitution
Ave., NW, Washington, D.C. 20230; telephone: (202) 482-6397 or (202)
482-1560, respectively.
Effective Date: May 28, 1999.
Background
On December 2, 1998, the Department initiated, and the Commission
instituted, a sunset review (63 FR 66527 and 63 FR 66527, respectively)
of the antidumping duty order on frozen concentrated orange juice from
Brazil pursuant to section 751(c) of the Act. As a result of this
review, the Department found that revocation of the antidumping duty
order would likely lead to continuation or recurrence of dumping and
notified the Commission of the magnitude of the margin likely to
prevail were the order to be revoked (see Final Results of Expedited
Sunset Review: Frozen Concentrated Orange Juice from Brazil, 64 FR
16901 (April 7, 1999)).
On May 21, 1999, the Commission determined, pursuant to section
751(c) of the Act, that revocation of the antidumping duty order on
frozen concentrated orange juice from Brazil would be likely to lead to
continuation or recurrence of material injury to an industry in the
United States within a reasonably foreseeable time (see Frozen
Concentrated Orange Juice from Brazil, 64 FR 27806 (May 21, 1999) and
USITC Pub. 3195, Inv. No. 731-TA-326 (Review) (May 1999)).
Scope
The merchandise covered by this antidumping duty orders is frozen
concentrated orange juice from Brazil. The merchandise is currently
classifiable under subheading 2009.11.00 of the Harmonized Tarriff
Schedule (HTS). The HTS subheading is provided for convenience and
customs purposes. The written description remains dispositive.
Determination
As a result of the determinations by the Department and the
Commission that revocation of this antidumping duty order would be
likely to lead to continuation or recurrence of dumping and material
injury to an industry in the United States, pursuant to section
751(d)(2) of the Act, the Department hereby orders the continuation of
the antidumping duty order on frozen concentrated orange juice from
Brazil. The Department will instruct the U.S. Customs Service to
continue to collect antidumping duty deposits at the rate in effect at
the time of entry for all imports of subject merchandise. Pursuant to
section 751(c)(6)(A)(iii) of the Act, any subsequent five-year review
of this order will be initiated not later than the fifth anniversary of
the effective date of continuation of this order.
Normally, the effective date of continuation of a finding, order,
or suspension agreement will be the date of publication in the Federal
Register of the Notice of Continuation. As provided in 19 CFR
351.218(f)(4), the Department normally will issue its determination to
continue a finding, order, or suspended investigation not later than
seven days after the date of publication in the Federal Register of the
Commission's determination concluding the sunset review and immediately
thereafter will publish its notice of continuation in the Federal
Register. In the instant case, however, the Department's publication of
the Notice of Continuation was delayed. The Department has explicitly
indicated that the effective date of continuation of this order is May
28, 1999, seven days after the date of publication in the Federal
Register of the Commission's determination. As a result, pursuant to
sections 751(c)(2) and 751(c)(6)(A) of the Act, the Department intends
to initiate the next five-year review of this order not later than
April 2004.
Dated: July 30, 1999.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 99-20213 Filed 8-4-99; 8:45 am]
BILLING CODE 3510-DS-P