[Federal Register Volume 70, Number 172 (Wednesday, September 7, 2005)]
[Notices]
[Pages 53251-53252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17659]


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INTERNATIONAL TRADE COMMISSION

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


Certain Orange Juice From Brazil

AGENCY: International Trade Commission.

ACTION: Scheduling of the final phase of an antidumping investigation.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping investigation No. 731-TA-1089 (Final) under 
section 735(b) of the Tariff Act of 1930 (19 U.S.C. 1673d(b)) (the Act) 
to determine whether 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 
less-than-fair-value imports from Brazil of certain orange juice, 
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.\1\
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    \1\ For purposes of this investigation, the Department of 
Commerce (Commerce) has defined the subject imports as certain 
orange juice for transport and/or further manufacturing, produced in 
two different forms: (1) Frozen orange juice in a highly 
concentrated form, sometimes referred to as FCOJM; and (2) 
pasteurized single-strength orange juice which has not been 
concentrated, referred to as NFC.
    The scope of this investigation with regard to FCOJM covers only 
FCOJM produced and/or exported by those companies which were 
excluded or revoked from the pre-existing antidumping order on FCOJ 
from Brazil (52 FR 16426 (May 5, 1987)) as of December 27, 2004. 
Those companies are Cargill Citrus Limitada, Fischer S/A--
Agroindustria (formerly Citrosuco Paulista S.A.), Montecitrus 
Industria e Comercio Limitada, and Sucocitrico Cutrale, S.A. 
Commerce also revoked the pre-existing antidumping duty order on 
FCOJ with regard to two additional companies, Coopercitrus 
Industrial Frutesp and Frutropic S.A. that are now doing business 
under the name COINBRA-Frutesp. Commerce must make successor-in-
interest findings with respect to each entity no later than its 
final determination in this case, and should they find COINBRA-
Frutesp to be the successor-in-interest to one or both of these 
companies, imports of FCOJM from the successor company will be 
included in the scope of this proceeding.
    Excluded from the scope of the investigation are imports of 
reconstituted orange juice and frozen concentrated orange juice for 
retail (FCOJR). Reconstituted orange juice is produced through 
further manufacture of FCOJM, by adding water, oils and essences to 
the orange juice concentrate. FCOJR is concentrated orange juice, 
typically at 42E Brix, in a frozen state, packed in retail-sized 
containers ready for sale to consumers. FCOJR, a finished consumer 
product, is produced through further manufacture of FCOJM, a bulk 
manufacturer's product.
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    For further information concerning the conduct of this phase of the 
investigation, hearing procedures, 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 C 
(19 CFR part 207).

DATES: Effective date: August 24, 2005.

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.--The final phase of this 
investigation is being scheduled as a result of an affirmative 
preliminary determination by the Department of Commerce that imports of 
certain orange juice from Brazil are being sold in the United States at 
less than fair value within the meaning of section 733 of the Act (19 
U.S.C. 1673b). The investigation was requested in a petition filed on 
December 27, 2004, by Florida Citrus Mutual, A. Duda & Sons, Inc., 
Citrus World, Inc., Peace River Citrus Products, Inc., and Southern 
Garden Citrus Processing Corp.
    Participation in the investigation and public service list.--
Persons, including industrial users of the subject merchandise and, if 
the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the final phase of this 
investigation as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in section 201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of the investigation need not file an 
additional notice of appearance during this final phase. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
investigation.
    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 the final phase of this investigation 
available to authorized applicants under the APO issued in the 
investigation, provided that the application is made no later than 21 
days prior to the hearing date specified in this notice. Authorized 
applicants must represent interested parties, as defined by 19 U.S.C. 
1677(9), who are parties to the investigation. A party granted access 
to BPI in the preliminary phase of the investigation need not reapply 
for such access. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Staff report.--The prehearing staff report in the final phase of 
this investigation will be placed in the nonpublic record on December 
20, 2005, and a public version will be issued thereafter, pursuant to 
section 207.22 of the Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
final phase of this investigation beginning at 9:30 a.m. on January 10, 
2006, at the

[[Page 53252]]

U.S. International Trade Commission Building. Requests to appear at the 
hearing should be filed in writing with the Secretary to the Commission 
on or before January 3, 2006. A nonparty who has testimony that may aid 
the Commission's deliberations may request permission to present a 
short statement at the hearing. All parties and nonparties desiring to 
appear at the hearing and make oral presentations should attend a 
prehearing conference to be held at 9:30 a.m. on January 6, 2006, at 
the U.S. International Trade Commission Building. Oral testimony and 
written materials to be submitted at the public hearing are governed by 
sections 201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules. 
Parties must submit any request to present a portion of their hearing 
testimony in camera no later than 7 business days prior to the date of 
the hearing.
    Written submissions.--Each party who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of section 207.23 of the Commission's 
rules; the deadline for filing is December 29, 2005. Parties may also 
file written testimony in connection with their presentation at the 
hearing, as provided in section 207.24 of the Commission's rules, and 
posthearing briefs, which must conform with the provisions of section 
207.25 of the Commission's rules. The deadline for filing posthearing 
briefs is January 17, 2006; witness testimony must be filed no later 
than three days before the hearing. In addition, any person who has not 
entered an appearance as a party to the investigation may submit a 
written statement of information pertinent to the subject of the 
investigation, including statements of support or opposition to the 
petition, on or before January 17, 2006. On February 2, 2006, the 
Commission will make available to parties all information on which they 
have not had an opportunity to comment. Parties may submit final 
comments on this information on or before February 6, 2006, but such 
final comments must not contain new factual information and must 
otherwise comply with section 207.30 of the Commission's rules. All 
written submissions must conform with the provisions of section 201.8 
of the Commission's rules; any submissions that contain BPI must also 
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). Even where 
electronic filing of a document is permitted, certain documents must 
also be filed in paper form, as specified in II (C) of the Commission's 
Handbook on Electronic Filing Procedures, 67 FR 68168, 68173 (November 
8, 2002).
    Additional written submissions to the Commission, including 
requests pursuant to section 201.12 of the Commission's rules, shall 
not be accepted unless good cause is shown for accepting such 
submissions, or unless the submission is pursuant to a specific request 
by a Commissioner or Commission staff.
    In accordance with sections 201.16(c) and 207.3 of the Commission's 
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 207.21 of the Commission's rules.

    By order of the Commission.

    Issued: August 31, 2005.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05-17659 Filed 9-6-05; 8:45 am]
BILLING CODE 7020-02-P