[Federal Register Volume 70, Number 17 (Thursday, January 27, 2005)]
[Notices]
[Pages 3904-3905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-314]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-605]


Frozen Concentrated Orange Juice from Brazil; Initiation of 
Changed Circumstances Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is initiating a 
changed circumstances administrative review of the antidumping duty 
order on frozen concentrated orange juice (FCOJ) from Brazil (see 
Notice of Antidumping Duty Order: Frozen Concentrated Orange Juice from 
Brazil (52 FR 16426, May 5, 1987)) in response to a request from Louis 
Dreyfus Citrus Inc., a U.S. importer of FCOJ from Brazil, COINBRA-
Frutesp, S.A. (COINBRA-Frutesp), a manufacturer/exporter of FCOJ from 
Brazil, and the affiliated companies of the Louis Dreyfus group 
(collectively ``Louis Dreyfus''). These entities have requested that 
the Department conduct a changed circumstances review to determine that 
COINBRA-Frutesp is the successor-in-interest to Coopercitrus Industrial 
Frutesp, S.A. (Frutesp), and as a result to find that FCOJ from Brazil 
manufactured and exported by COINBRA-Frutesp is not subject to the 
antidumping duty order on FCOJ from Brazil.

EFFECTIVE DATE: January 27, 2005.

FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood or Jill Pollack, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230; telephone (202) 482-3874 and (202) 482-4593, 
respectively.

SUPPLEMENTARY INFORMATION:

Background:

    On May 5, 1987, the Department published in the Federal Register an 
antidumping duty order on FCOJ from Brazil covering all Brazilian 
producers except Sucocitrico Cultrale, S.A. See Antidumping Duty Order; 
Frozen Concentrated Orange Juice from Brazil, 52 FR 16426 (May 5, 
1987). On October 21, 1991, the Department revoked the antidumping duty 
order with regard to Frutesp. See Frozen Concentrated Orange Juice from 
Brazil; Final Results and Termination in Part of Antidumping Duty 
Administrative Review; Revocation in Part of Antidumping Duty Order, 56 
FR 52510 (Oct. 21, 1991).
    In 1993, Louis Dreyfus purchased the shares and assets of Frutesp, 
and the following year Frutesp changed its name to COINBRA-Frutesp.
    On August 3, 2004, Louis Dreyfus informed the Department that it 
controls, through its member companies, all the assets of COINBRA-
Frutesp. In this submission, Louis Dreyfus requested an expedited 
changed circumstances review to determine that FCOJ from Brazil 
manufactured by Louis Dreyfus or its affiliates and exported by 
COINBRA-Frutesp is not subject to the antidumping duty order on FCOJ 
from Brazil.
    On September 17 and November 5, 2004, we requested additional 
clarification from Louis Dreyfus with respect to the companies that are 
the subject of its request for a changed circumstances review. On 
September 20 and November 15, 2004, Louis Dreyfus clarified that it is 
requesting that COINBRA-Frutesp be designated as the successor-in-
interest to Frutesp. According to Louis Dreyfus, this action is 
necessary because on March 18, 2004, U.S. Customs and Border Protection 
(CBP) informed Louis Dreyfus that entries of FCOJ manufactured by 
COINBRA-Frutesp are, in fact, subject to the antidumping duty order on 
FCOJ, and CBP is currently requiring the payment of cash deposits on 
such merchandise. Louis Dreyfus asserts that the CBP had not required 
cash deposits on COINBRA-Frutesp's exports prior to that time.

Scope of the Review

    The merchandise covered by this order is FCOJ from Brazil, and 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 customs purposes. The Department's written 
description of the scope of the review remains dispositive.

Initiation of Changed Circumstances Review

    Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended 
(the Act), the Department will conduct a changed circumstances review 
upon request from an interested party or receipt of information 
concerning an antidumping

[[Page 3905]]

duty order, when either of which shows changed circumstances sufficient 
to warrant a review of the order. Thus, in accordance with section 
751(b) of the Act, the Department is initiating a changed circumstances 
review to determine whether COINBRA-Frutesp is the successor-in-
interest to Frutesp for purposes of determining antidumping duty 
liability with respect to imports of FCOJ from Brazil produced and 
exported by COINBRA-Frutesp.
    In making a successor-in-interest determination, the Department 
examines several factors including, but not limited to, changes in: (1) 
Management; (2) production facilities; (3) supplier relationships; and 
(4) customer base. See, e.g., Notice of Final Results of Changed 
Circumstances Antidumping Duty Administrative Review: Polychloroprene 
Rubber From Japan, 67 FR 58 (Jan. 2, 2002); Brass Sheet and Strip from 
Canada: Final Results of Antidumping Duty Administrative Review, 57 FR 
20460, 20462 (May 13, 1992). While no single factor or combination of 
these factors will necessarily provide a dispositive indication of a 
successor-in-interest relationship, the Department will generally 
consider the new company to be the successor to the previous company if 
the new company's resulting operation is not materially dissimilar to 
that of its predecessor. See, e.g., Fresh and Chilled Atlantic Salmon 
from Norway; Final Results of Changed Circumstances Antidumping Duty 
Administrative Review, 64 FR 9979 (Mar. 1, 1999); Industrial Phosphoric 
Acid from Israel; Final Results of Changed Circumstances Review, 59 FR 
6944 (Feb. 14, 1994). Thus, if the evidence demonstrates that, with 
respect to the production and sale of the subject merchandise, the new 
company operates as the same business entity as the former company, the 
Department will accord the new company the same antidumping treatment 
as its predecessor.
    With regard to Frutesp, Louis Dreyfus claims that the production 
facilities and contractual relationships with suppliers and customers 
remained unchanged after Louis Dreyfus assumed control of this company. 
According to Louis Dreyfus, COINBRA-Frutesp and its assets have 
remained essentially the same as those of Frutesp for which the order 
was revoked. In addition, Louis Dreyfus states that changes in the 
corporate name and ownership are the only material aspects of COINBRA-
Frutesp's business that have changed since the Department revoked the 
antidumping duty order with regard to Frutesp.
    In this case, the Department finds that the information submitted 
by Louis Dreyfus provides sufficient evidence of changed circumstances 
to warrant a review to determine whether COINBRA-Frutesp is the 
successor-in-interest to Frutesp. Thus, in accordance with section 
751(b)(1) of the Act, we are initiating a changed circumstances review 
based upon the information contained in Louis Dreyfus' submissions to 
determine whether the revocation of the order as to Frutesp should 
apply to merchandise manufactured and exported by COINBRA-Frutesp. 
Because it is the Department's practice to examine changes in 
management and customer base as part of its analysis in such a 
determination, and Louis Dreyfus has not addressed these factors, we 
are not conducting the changed circumstances review on an expedited 
basis.
    The Department will publish in the Federal Register a notice of 
preliminary results of changed circumstances review, in accordance with 
19 CFR 351.221(c)(3)(i) (2004), which will set forth the factual and 
legal conclusions upon which our preliminary results are based, and a 
description of any action proposed based on those results. Interested 
parties may submit comments for consideration in the Department's 
preliminary results not later than 60 days after publication of this 
notice. Responses to those comments may be submitted not later than 10 
days following submission of the comments. All written comments must be 
submitted in accordance with 19 CFR 351.303 (2004), and must be served 
on all interested parties on the Department's service list in 
accordance with 19 CFR 351.303(f) (2004). The Department will also 
issue its final results of review within 270 days after the date on 
which the changed circumstances review is initiated, in accordance with 
19 CFR 351.216(e) (2004), and will publish these results in the Federal 
Register.
    The current requirement for a cash deposit of estimated antidumping 
duties on all subject merchandise will continue unless and until it is 
modified pursuant to the final results of this changed circumstances 
review.
    This notice is in accordance with sections 751(b)(1) of the Act and 
19 CFR 351.216 and 351.222 of the Department's regulations.

    Dated: January 19, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-314 Filed 1-26-05; 8:45 am]
BILLING CODE 3510-DS-S