[Federal Register Volume 69, Number 172 (Tuesday, September 7, 2004)]
[Notices]
[Pages 54117-54118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-2082]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-605]


Frozen Concentrated Orange Juice From Brazil; Final Results of 
the Expedited Sunset Review of the Antidumping Order

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

ACTION: Notice of final results of expedited sunset review of the 
antidumping order on frozen concentrated orange juice from Brazil.

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SUMMARY: On April 1, 2004, the Department of Commerce (``the 
Department'') initiated a sunset review of the antidumping duty order 
on frozen concentrated orange juice (``FCOJ'') from Brazil pursuant to 
section 751(c) of the Tariff Act of 1930, as amended (``the Act''). On 
the basis of a notice of intent to participate and an adequate 
substantive response filed on behalf of domestic interested parties and 
inadequate response from respondent interested parties, the Department 
conducted an expedited (120-day) sunset review. As a result of this 
sunset review, the Department finds that revocation of the antidumping 
duty order would be likely to lead to continuation or recurrence of 
dumping. The dumping margins are identified in the Final Results of 
Review section of to this notice.

EFFECTIVE DATE: September 7, 2004.

FOR FURTHER INFORMATION: Hilary E. Sadler, Esq., Office of Policy for 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street & Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-4340.

[[Page 54118]]


SUPPLEMENTARY INFORMATION:

Background

    On April 1, 2004, the Department published the notice of initiation 
of the sunset review of the antidumping duty order on FCOJ from 
Brazil.\1\ On April 16, 2004, the Department received a Notice of 
Intent to Participate from Florida Citrus Mutual; Citrus Belle; Citrus 
World, Inc.; Peace River Citrus Products, Inc.; and Southern Gardens 
Citrus Processors Corporation (collectively ``domestic interested 
parties'') within the deadline specified in section 315.218(d)(1)(i) of 
the Department's regulations. The domestic interested parties claimed 
interested party status under section 771(9)(C) of the Act, as U.S. 
producers of FCOJ. On May 3, 2004, the Department received complete 
substantive responses from the domestic interested parties within the 
deadline specified in section 351.218(d)(3)(i) of the Department's 
regulations. We did not receive responses from any respondent 
interested parties to this proceeding, except a participation waiver 
from Citrovita Agro Industrial, Ltda., a respondent interested party. 
See response of Citrovita Agro Industrial, Ltda., ``FCOJ from Brazil 
Sunset Review: Clarification'' (May 10, 2004). As a result, pursuant to 
section 751(c)(3)(B) of the Act and section 351.218(e)(1)(ii)(C)(2) of 
the Department's regulations, the Department determined to conduct an 
expedited review of this order.
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    \1\ See Initiation of Five-Year (``Sunset'') Reviews, 69 FR 
17129 (April 1, 2004) (''Initiation Notice'').
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Scope of the Order

    The merchandise covered by this order is FCOJ from Brazil. The 
merchandise is currently classifiable under subheading 2009.11.00 of 
the Harmonized Tariff Schedule United States (``HTS''). The HTS 
subheading is provided for convenience and customs purposes. The 
written description remains dispositive.

Analysis of Comments Received

    All issues raised in these reviews are addressed in the ``Issues 
and Decision Memorandum'' (``Decision Memo'') from Ronald K. Lorentzen, 
Acting Director, Office of Policy, Import Administration, to James J. 
Jochum, Assistant Secretary for Import Administration, dated August 30, 
2004, which is hereby adopted by this notice. The issues discussed in 
the Decision Memo include the likelihood of continuation or recurrence 
of dumping and the magnitude of the margins likely to prevail if the 
order were to be revoked. 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 room B-099 of the main 
Commerce Building.
    In addition, a complete version of the Decision Memo can be 
accessed directly on the Web at http://ia.ita.doc.gov/frn, under the 
heading ``September 2004.'' The paper copy and electronic version of 
the Decision Memorandum are identical in content.

Final Results of Reviews

    We determine that revocation of the antidumping duty order on FCOJ 
from Brazil would be likely to lead to continuation or recurrence of 
dumping at the following percentage weighted-average percentage 
margins:

------------------------------------------------------------------------
                                                                Weighted
                                                                average
              Manufacturers/exporters/producers                  margin
                                                               (percent)
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Citrovita....................................................      15.98
All Others...................................................       1.96
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    We are issuing and publishing the results and notice in accordance 
with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: August 30, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
 [FR Doc. E4-2082 Filed 9-3-04; 8:45 am]
BILLING CODE 3510-DS-P