[Federal Register Volume 67, Number 115 (Friday, June 14, 2002)]
[Notices]
[Pages 40913-40914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-15100]


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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.

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SUMMARY: On April 17, 2002, the Department of Commerce published the 
preliminary results of administrative review of the antidumping duty 
order on frozen concentrated orange juice from Brazil (67 FR 18859). 
This review covers four manufacturers/exporters of the subject 
merchandise to the United States. This review covers the period May 1, 
2000, through April 30, 2001. We have made no changes in the margin 
calculations. Therefore, the final results do not differ from the 
preliminary results.
    We have determined that no sales have been made below the normal 
value by Branco Peres Citrus S.A. in this review. In addition, we have 
determined to rescind the review with respect to Citrovita Agro-
Industrial Ltda., because the request for review was withdrawn, and 
with respect to 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: June 14, 2002.

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 (2001).

Background

    This review covers four manufacturers/exporters (i.e., Branco Peres 
Citrus S.A. (Branco Peres); Citrovita Agro Industrial Ltda. and its 
affiliated parties Cambuhy MC Industrial Ltda. and Cambuhy Citrus 
Comercial e Exportadora (collectively, ``Citrovita''); CTM Citrus S.A. 
(CTM); and Sucorrico S.A. (Sucorrico)).
    On April 17, 2002, 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, 67 FR 
18859 (Apr. 17, 2002) (Preliminary Results).
    Sucorrico claimed that it did not have shipments of subject 
merchandise to the United States. Because we were able to confirm this 
with the Customs Service, and because we were also able to confirm that 
CTM also had no shipments, in accordance with 19 CFR 351.213(d)(3) and 
consistent with our practice, we are rescinding our review for CTM and 
Sucorrico. In January 2002, the petitioners withdrew their request

[[Page 40914]]

for review for Citrovita. Consequently, we are also rescinding our 
review for Citrovita. 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. 
On May 20, 2002, Branco Peres submitted a case brief. However, Branco 
Peres withdrew this submission on May 28, 2002, and, thus, we have not 
considered it for the final results. The Department has conducted this 
administrative review in accordance with section 751 of the Act.

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 (POR) is May 1, 2000, through April 30, 2001.

Partial Rescission of Review

    As noted above, Sucorrico informed the Department that it had no 
shipments of subject merchandise to the United States during the POR. 
We have confirmed with the Customs Service that neither Sucorrico nor 
CTM had shipments of subject merchandise during the POR. 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 CTM 
and Sucorrico. (See e.g., Certain Welded Carbon Steel Pipe and Tube 
from Turkey; Final Results and Partial Rescission of Antidumping 
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).)
    In addition, on January 9, 2002, the petitioners withdrew their 
request for an administrative review of Citrovita. Although the 
petitioners asked to withdraw their review request after the 90-day 
time limit specified in 19 CFR 351.213(d)(1), the review for this 
company had not yet progressed beyond a point where it would have been 
unreasonable to allow the petitioners to withdraw their request for 
review. Therefore, in accordance with 19 CFR 351.213(d)(1) and 
consistent with our practice, we are also rescinding our review with 
respect to Citrovita.

Cost of Production

    As discussed in the Preliminary Results, we conducted an 
investigation to determine whether Branco Peres 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 Branco Peres' 
home market sales were made at prices above the COP. Therefore, we did 
not disregard any home market sales made by Branco Peres during the 
POR. For further discussion, see the Preliminary Results, 67 FR at 
18859.

Changes Since the Preliminary Results

    We have made no changes to the margin calculation since the 
Preliminary Results.

Final Results of Review

    We determine that the following weighted-average margin percentage 
exists for the period May 1, 2000, through April 30, 2001:

------------------------------------------------------------------------
                Manufacturer/exporter                    Percent margin
------------------------------------------------------------------------
Branco Peres.........................................               0.00
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    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 less-than-fair-value (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 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: June 7, 2002.
Faryar Shirzad,
Assistant Secretary For Import Administration.
[FR Doc. 02-15100 Filed 6-13-02; 8:45 am]
BILLING CODE 3510-DS-S