[Federal Register Volume 70, Number 2 (Tuesday, January 4, 2005)]
[Notices]
[Pages 387-388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-37]


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

INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-1089 (Preliminary)]


Certain Orange Juice From Brazil

AGENCY: United States International Trade Commission.

ACTION: Institution of antidumping investigation and scheduling of a 
preliminary phase investigation.

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

SUMMARY: The Commission hereby gives notice of the institution of an 
investigation and commencement of preliminary phase antidumping 
investigation No. 731-TA-1089 (Preliminary) under section 733(a) of the 
Tariff Act of 1930 (19 U.S.C. 1673b(a)) (the Act) to determine whether 
there is a reasonable indication that an industry in the United States 
is materially injured or threatened with material injury, or the 
establishment of an industry in the United States is materially 
retarded, by reason of imports from Brazil of certain orange juice,\1\ 
provided for in subheadings 2009.11.00, 2009.12.25, 2009.12.45, and 
2009.19.00 of the Harmonized Tariff Schedule of the United States, that 
are alleged to be sold in the United States at less than fair value. 
Unless the Department of Commerce extends the time for initiation 
pursuant to section 732(c)(1)(B) of the Act (19 U.S.C. 1673a(c)(1)(B)), 
the Commission must reach a preliminary determination in antidumping 
investigations in 45 days, or in this case by February 10, 2005. The 
Commission's views are due at Commerce within five business days 
thereafter, or by February 17, 2005.
---------------------------------------------------------------------------

    \1\ The imported product subject to this investigation is 
certain orange juice for transport and/or manufacturing, produced in 
two different forms: (1) Frozen orange juice in a highly 
concentrated form, referred to as frozen concentrated orange juice 
for further manufacturing (``FCOJM''); and (2) pasteurized single-
strength orange juice which has not been concentrated, referred to 
as not-from-concentrate orange juice. Excluded from the scope of the 
investigation are: (1) Imports of reconstituted orange juice and 
frozen orange juice for retail and (2) imports of FCOJM from 
Brazilian manufacturers/exporters covered by the existing 
antidumping duty order on frozen concentrated orange juice from 
Brazil.
---------------------------------------------------------------------------

    For further information concerning the conduct of this 
investigation and rules of general application, consult the 
Commission's Rules of Practice and Procedure, part 201, subparts A 
through E (19 CFR part 201), and part 207, subparts A and B (19 CFR 
part 207).

EFFECTIVE DATE: December 27, 2004.

FOR FURTHER INFORMATION CONTACT: Elizabeth Haines (202) 205-3200), 
Office of Investigations, U.S. International Trade Commission, 500 E 
Street, SW., Washington, DC 20436. Hearing-impaired persons can obtain 
information on this matter by contacting the Commission's TDD terminal 
on (202) 205-1810. Persons with mobility impairments who will need 
special assistance in gaining access to the Commission should contact 
the Office of the Secretary at (202) 205-2000. General information 
concerning the Commission may also be obtained by accessing its 
Internet server (http://www.usitc.gov). The public record for this 
investigation may be viewed on the Commission's electronic docket 
(EDIS) at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION:
    Background.--This investigation is being instituted in response to 
a petition filed on December 27, 2004, on behalf of Florida Citrus 
Mutual, Lakeland, FL; A. Duda & Sons (d/b/a Citrus Belle) Ovieda, FL; 
Citrus World, Inc., Lake Wales, FL; Peace River Citrus Products, Inc., 
Arcadia, FL; and Southern Garden Citrus Processing Corp. (d/b/a 
Southern Gardens), Clewiston, FL.
    Participation in the investigation and public service list.--
Persons (other than petitioners) wishing to participate in the 
investigation as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in sections 201.11 and 207.10 
of the Commission's rules, not later than seven days after publication 
of this notice in the Federal Register. Industrial users and (if the 
merchandise under

[[Page 388]]

investigation is sold at the retail level) representative consumer 
organizations have the right to appear as parties in Commission 
antidumping investigations. The Secretary will prepare a public service 
list containing the names and addresses of all persons, or their 
representatives, who are parties to this investigation upon the 
expiration of the period for filing entries of appearance.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in this investigation available to authorized 
applicants representing interested parties (as defined in 19 U.S.C. 
1677(9)) who are parties to the investigation under the APO issued in 
the investigation, provided that the application is made not later than 
seven days after the publication of this notice in the Federal 
Register. A separate service list will be maintained by the Secretary 
for those parties authorized to receive BPI under the APO.
    Conference.--The Commission's Director of Operations has scheduled 
a conference in connection with this investigation for 9:30 a.m. on 
January 19, 2005, at the U.S. International Trade Commission Building, 
500 E Street, SW., Washington, DC. Parties wishing to participate in 
the conference should contact Betsy Haines (202) 205-3200 not later 
than January 14, 2005, to arrange for their appearance. Parties in 
support of the imposition of antidumping duties in this investigation 
and parties in opposition to the imposition of such duties will each be 
collectively allocated one hour within which to make an oral 
presentation at the conference. A nonparty who has testimony that may 
aid the Commission's deliberations may request permission to present a 
short statement at the conference.
    Written submissions.--As provided in sections 201.8 and 207.15 of 
the Commission's rules, any person may submit to the Commission on or 
before January 24, 2005, a written brief containing information and 
arguments pertinent to the subject matter of the investigation. Parties 
may file written testimony in connection with their presentation at the 
conference no later than three days before the conference. If briefs or 
written testimony contain BPI, they must conform with the requirements 
of sections 201.6, 207.3, and 207.7 of the Commission's rules. The 
Commission's rules do not authorize filing of submissions with the 
Secretary by facsimile or electronic means, except to the extent 
permitted by section 201.8 of the Commission's rules, as amended, 67 FR 
68036 (November 8, 2002).
    In accordance with sections 201.16(c) and 207.3 of the rules, each 
document filed by a party to the investigation must be served on all 
other parties to the investigation (as identified by either the public 
or BPI service list), and a certificate of service must be timely 
filed. The Secretary will not accept a document for filing without a 
certificate of service.

    Authority: This investigation is being conducted under authority 
of title VII of the Tariff Act of 1930; this notice is published 
pursuant to section 207.12 of the Commission's rules.

    By order of the Commission.

    Issued: December 18, 2004.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05-37 Filed 1-3-05; 8:45 am]
BILLING CODE 7020-02-P