[Federal Register Volume 66, Number 194 (Friday, October 5, 2001)]
[Notices]
[Pages 51008-51010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-25099]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-605]


Frozen Concentrated Orange Juice from Brazil; Final Results and 
Partial Rescission of Antidumping Duty Administrative Review

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

ACTION: Notice of final results of antidumping duty administrative 
review.

-----------------------------------------------------------------------

SUMMARY: On June 4, 2001, the Department of Commerce published the 
preliminary results of administrative review of the antidumping duty 
order on frozen concentrated orange juice from Brazil (66 FR 29330). 
This review covers four manufacturers/exporters of the subject 
merchandise to the United States. This review covers the period May 1, 
1999, through April 30, 2000.
    Based on our analysis of the comments received, we have not made 
changes in the margin calculations. Therefore, the final results do not 
differ from the preliminary results. We have determined to rescind the 
review with respect to Branco Peres Citrus S.A., CTM Citrus S.A., and 
Sucorrico S.A. because they had no shipments of subject merchandise to 
the United States during the period of review. The final weighted-
average dumping margin for the reviewed firm is listed below in the 
section entitled ``Final Results of Review.''

EFFECTIVE DATE: October 5, 2001.

FOR FURTHER INFORMATION CONTACT: Irina Itkin or Elizabeth Eastwood, 
Office of AD/CVD Enforcement, Office 2, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW., Washington, DC 20230; telephone 
(202) 482-0656 or (202) 482-3874, respectively.

SUPPLEMENTARY INFORMATION:

Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (the Act), are references to the provisions effective 
January 1, 1995, the effective date of the amendments made to the Act 
by the Uruguay Round Agreements Act (URAA). In addition, unless 
otherwise indicated, all citations are to the Department of Commerce's 
(the Department's) regulations codified at 19 CFR part 351 (2000).

Background

    This review covers four manufacturers/exporters (i.e., Branco Peres 
Citrus S.A. (Branco Peres); Citrovita Agro Industrial Ltda. (Citrovita) 
and its affiliated parties (Cambuhy MC Industrial Ltda. (Cambuhy) and 
Cambuhy Citrus Comercial e Exportadora (Cambuhy Exportadora)); CTM 
Citrus S.A. (CTM); and Sucorrico S.A. (Sucorrico).
    On June 4, 2001, the Department published in the Federal Register 
the preliminary results of administrative review of the antidumping 
duty order on frozen concentrated orange juice (FCOJ) from Brazil. See 
Frozen Concentrated Orange Juice from Brazil; Preliminary Results and 
Partial Recission of Antidumping Duty Administrative Review, 66 FR 
29330 (June 4, 2001) (Preliminary Results).
    CTM and Sucorrico claimed that they did not have shipments of 
subject merchandise to the United States. Because we were able to 
confirm this with the Customs Service, in accordance with 19 CFR 
351.213(d)(3) and consistent with our practice, we are rescinding our 
review for CTM and Sucorrico. For further discussion, see the ``Partial 
Rescission of Review'' section of this notice, below.
    Regarding Branco Peres, we were informed by the Customs Service 
that there was an entry of subject merchandise produced by Branco Peres 
during the period of review (POR) which was withdrawn from a bonded 
warehouse. We asked Branco Peres to explain the circumstances 
surrounding this entry. Banco Peres responded that it had reported the 
sale associated with the entry in question in the prior 1997-1998 
administrative review of this proceeding. We have confirmed that we 
reviewed the sale associated with this entry in the context of the 
1997-1998 administrative review completed August 11, 1999, and we have, 
therefore, determined that Branco Peres did not have any reviewable 
entries during this POR. Accordingly, we are rescinding our review of 
Branco Peres and intend to order liquidation of the entry in question 
at the rate in effect at the time of entry, in accordance with our 
practice. For further discussion, see the ``Partial Rescission of 
Review'' section of this notice, below.
    We invited parties to comment on our preliminary results of review. 
At the request of Citrovita, a respondent in this review, we held a 
public hearing on August 30, 2001. The Department has conducted this 
administrative review in accordance with section 751 of the Act.

[[Page 51009]]

Scope of the Order

    The merchandise covered by this order is frozen concentrated orange 
juice from Brazil. The merchandise is currently classifiable under item 
2009.11.00 of the Harmonized Tariff Schedule of the United States 
(HTSUS). The HTSUS item number is provided for convenience and for 
customs purposes. The written description of the scope of this 
proceeding is dispositive.

Period of Review

    The period of review is May 1, 1999, through April 30, 2000.

Partial Rescission of Review

    As noted above, Branco Peres, CTM, and Sucorrico informed the 
Department that they had no shipments of subject merchandise to the 
United States during the POR. We have confirmed this with the Customs 
Service and with information submitted by Branco Peres from a previous 
segment of this proceeding. See the Memorandum from Jason M. Hoody to 
the File, entitled ``U.S. Sales of Branco Peres in the 1997-1998 
Antidumping Duty Administrative Review on Frozen Concentrated Orange 
Juice from Brazil,'' dated May 29, 2001. Therefore, in accordance with 
19 CFR 351.213(d)(3) and consistent with the Department's practice, we 
are rescinding our review with respect to Branco Peres, CTM, and 
Sucorrico. (See e.g., Certain Welded Carbon Steel Pipe and Tube from 
Turkey; Final Results and Partial Rescission of Antidumping Duty 
Administrative Review, 63 FR 35190, 35191 (June 29, 1998); and Certain 
Fresh Cut Flowers from Colombia; Final Results and Partial Rescission 
of Antidumping Duty Administrative Review, 62 FR 53287, 53288 (Oct. 14, 
1997).)

Affiliated Producers

    During the previous administrative review, a sister company to 
Citrovita's parent company purchased another Brazilian producer of FCOJ 
and that producer's affiliated trading company (i.e., Cambuhy and 
Cambuhy Exportadora, respectively). In that segment of the proceeding, 
we determined that it was appropriate to treat Citrovita and these 
affiliated parties as a single entity using the criteria outlined in 19 
CFR 351.401(f). See Notice of Final Results of Antidumping Duty 
Administrative Review: Frozen Concentrated Orange Juice from Brazil, 65 
FR 60406, 60407 (Oct. 11, 2000) (FCOJ 1998-1999 Final Results). Because 
neither Citrovita nor Cambuhy has provided any new evidence showing 
that this finding no longer holds true, we have continued to treat 
Citrovita and Cambuhy as a single entity and to calculate a single 
margin for them.\1\ (See e.g., Certain Welded Carbon Steel Pipes and 
Tubes from Thailand: Preliminary Results of Antidumping Duty 
Administrative Review, 64 FR 17998, 17999 (April 13, 1999) (unchanged 
by the final results).) Regarding Cambuhy Exportadora, however, 
Citrovita provided information demonstrating that this company did not 
function as a producer of FCOJ during the POR. Accordingly, we have not 
collapsed Cambuhy Exportadora with Citrovita and Cambuhy for purposes 
of the final results.
---------------------------------------------------------------------------

    \1\ Hereinafter, these companies will be referred to 
collectively as ``Citrovita,'' unless otherwise noted.
---------------------------------------------------------------------------

Cost of Production

    As discussed in the Preliminary Results, we conducted an 
investigation to determine whether Citrovita made home market sales of 
the foreign like product during the POR at prices below its cost of 
production (COP) within the meaning of section 773(b)(1) of the Act. We 
calculated the COP for these final results, and performed the cost 
test, following the same methodology as in the Preliminary Results.
    Based on this analysis, we found that 100 percent of Citrovita's 
home market sales were made at prices less than the COP, and we 
disregarded them. For further discussion, see the Preliminary Results, 
66 FR at 29932.

Analysis of Comments Received

    All issues raised in the case briefs by parties to this 
administrative review are addressed in the ``Issues and Decision 
Memorandum'' (Decision Memo) from Richard W. Moreland, Deputy Assistant 
Secretary, Import Administration, to Faryar Shirzad, Assistant 
Secretary for Import Administration, dated October 2, 2001, which is 
hereby adopted by this notice. A list of the issues which parties have 
raised and to which we have responded, all of which are in the Decision 
Memo, is attached to this notice as an Appendix. 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 B-099, 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. The paper copy 
and electronic version of the Decision Memo are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made no changes 
to the margin calculations. For further discussion, see the Decision 
Memo.

Final Results of Review

    We determine that the following weighted-average margin percentage 
exists for the period May 1, 1999, through April 30, 2000:

------------------------------------------------------------------------
                                                               Percent
                   Manufacturer/exporter                        margin
------------------------------------------------------------------------
Citrovita Agro Industrial Ltda./Cambuhy MC Industrial Ltda.        15.98
------------------------------------------------------------------------

    The Department shall determine, and the Customs Service shall 
assess, antidumping duties on all appropriate entries. Accordingly, we 
have calculated importer-specific duty assessment rates for the 
merchandise in question by aggregating the dumping margins calculated 
for all U.S. sales to each importer and dividing this amount by the 
total quantity of those sales. The assessment rate will be assessed 
uniformly on all entries of that particular importer made during the 
POR.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of administrative review 
for all shipments of FCOJ from Brazil entered, or withdrawn from 
warehouse, for consumption on or after the date of publication, as 
provided by section 751(a)(1) of the Act: (1) The cash deposit rate for 
the reviewed company will be the rate established in the final results 
of this review; (2) for previously 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, or the LTFV investigation, but the 
manufacturer is, the cash deposit rate will be the rate established for 
the most recent period for the manufacturer of the merchandise; and (4) 
the cash deposit rate for all other manufacturers or exporters will 
continue to be 1.96 percent, the ``all others'' rate established in the 
LTFV investigation.
    These deposit requirements, when imposed, shall remain in effect 
until publication of the final results of the next administrative 
review.
    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) 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

[[Page 51010]]

presumption that reimbursement of antidumping duties occurred and the 
subsequent assessment of doubled antidumping duties.
    This notice serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return/destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.
    We are issuing and publishing this determination and notice in 
accordance with sections section 751(a)(1) and 777(i) of the Act.

    Dated: October 1, 2001.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.

Appendix--Issues in Decision Memo

Comments

1. Exchange Rates
2. Financing Expenses
3. Profit Used for Constructed Value
[FR Doc. 01-25099 Filed 10-4-01; 8:45 am]
BILLING CODE 3510-DS-P