[Federal Register Volume 70, Number 75 (Wednesday, April 20, 2005)]
[Notices]
[Pages 20595-20596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7938]


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INTERNATIONAL TRADE COMMISSION

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


Certain Orange Juice From Brazil

Determination

    On the basis of the record \1\ developed in the subject 
investigation, the United States International Trade Commission 
(Commission) determines, pursuant to section 733(a) of the Tariff Act 
of 1930 (19 U.S.C. 1673b(a)) (the Act), that there is a reasonable 
indication that an industry in the United States is materially injured 
by reason of imports from Brazil of certain orange juice,\2\ 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 
(LTFV).\3\
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    \1\ The record is defined in sec. 207.2(f) of the Commission's 
Rules of Practice and Procedure (19 CFR 207.2(f)).
    \2\ 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 (``NFCOJ'').
    \3\ Vice Chairman Deanna Tanner Okun, Commissioner Jennifer A. 
Hillman, and Commissioner Daniel R. Pearson find two domestic like 
products in this investigation--FCOJM and NFCOJ. They determine that 
there is a reasonable indication that an industry in the United 
States is materially injured by reason of imports of FCOJM from 
Brazil. They also determine that there is no reasonable indication 
that an industry in the United States is materially injured or 
threatened with material injury, or that the establishment of an 
industry in the United States is materially retarded, by reason of 
imports of NFCOJ from Brazil.
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Commencement of Final Phase Investigation

    Pursuant to section 207.18 of the Commission's rules, the 
Commission also gives notice of the commencement of the final phase of 
its investigation. The Commission will issue a final phase notice of 
scheduling, which will be published in the Federal Register as provided 
in section 207.21 of the Commission's rules, upon notice from the 
Department of Commerce (Commerce) of an affirmative preliminary 
determination in the investigation under section 733(b) of the Act, or, 
if the preliminary determination is negative, upon notice of an 
affirmative final determination in that investigation under section 
735(a) of the Act. Parties that filed entries of appearance in the 
preliminary phase of the investigation need not enter a separate 
appearance for the final phase of the investigation. Industrial users, 
and, if the merchandise under investigation is sold at the retail 
level, representative consumer organizations have the right to appear 
as parties in Commission antidumping and countervailing duty 
investigations. The Secretary will prepare a public service list 
containing the names and addresses of all persons, or their 
representatives, who are parties to the investigation.

Background

    On December 27, 2004, a petition was filed with the Commission and 
Commerce on behalf of Florida Citrus Mutual, Lakeland, FL; A. Duda & 
Sons (d/b/a Citrus Belle) Oviedo, FL; Citrus World, Inc., Lake Wales, 
FL; Peace River Citrus Products, Inc., Arcadia, FL; \4\ and Southern 
Garden Citrus Processing Corp. (d/b/a Southern Gardens), Clewiston, FL, 
alleging that an industry in the United States is materially injured 
and threatened with material injury by reason of LTFV imports of 
certain orange juice from Brazil. Accordingly, effective December 27, 
2004, the Commission instituted antidumping duty investigation No. 731-
TA-1089 (Preliminary).
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    \4\ On January 31, 2005, petitioners submitted a letter to the 
Commission modifying the petition to remove Peace River as a 
petitioner. In a letter sent to Commerce on January 27, 2005, Peace 
River stated that it opposes the petition until resolution of the 
ongoing sunset review of the existing order on frozen concentrated 
orange juice from Brazil. It reserves its right to change its 
position on the petition based on the outcome of the sunset review.
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    Notice of the institution of the Commission's investigation and of 
a public conference to be held in connection therewith was given by 
posting copies of the notice in the Office of the Secretary, U.S. 
International Trade Commission, Washington, DC, and by publishing the 
notice in the Federal Register of January 4, 2005 (70 FR 387, January 
4, 2005). The conference was held in Washington, DC, on January 19, 
2005, and all persons who requested the opportunity were permitted to 
appear in person or by counsel.
    The Commission transmitted its determination in this investigation 
to the Secretary of Commerce on March 7, 2005, and its views were 
transmitted on March 14, 2005. The views of the Commission are 
contained in USITC Publication 3757 (February 2005), entitled Certain 
Orange Juice from Brazil: Investigation No. 731-TA-1089 (Preliminary).

    Issued: April 15, 2005.


[[Page 20596]]


    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05-7938 Filed 4-19-05; 8:45 am]
BILLING CODE 7020-02-P