[Federal Register Volume 71, Number 42 (Friday, March 3, 2006)]
[Notices]
[Page 10993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-3085]


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

INTERNATIONAL TRADE COMMISSION

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


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,\2\ pursuant to section 735(b) of the Tariff 
Act of 1930 (19 U.S.C. 1673d(b)) (the Act), that an industry in the 
United States is materially injured by reason of imports from Brazil of 
certain orange juice, provided for in subheading 2009.11.00, 
2009.12.25, 2009.12.45, and 2009.19.00 of the Harmonized Tariff 
Schedule of the United States, that have been found by the Department 
of Commerce (Commerce) to be sold in the United States at less than 
fair value (LTFV). The Commission makes a negative finding with regard 
to critical circumstances.
---------------------------------------------------------------------------

    \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\ Vice Chairman Deanna Tanner Okun, Commissioner Jennifer A. 
Hillman, and Commissioner Daniel R. Pearson dissenting.
---------------------------------------------------------------------------

Background

    The Commission instituted this investigation effective December 27, 
2004, following receipt of a petition filed with the Commission and 
Commerce by Florida Citrus Mutual, Lakeland, FL; A. Duda & Sons, Inc., 
Ovieda, FL; Citrus World, Inc., Lake Wales, FL; and Southern Garden 
Citrus Processing Corp., Clewiston, FL. The final phase of the 
investigation was scheduled by the Commission following notification of 
a preliminary determination by Commerce that imports of certain orange 
juice from Brazil were being sold at LTFV within the meaning of section 
733(b) of the Act (19 U.S.C. 1673b(b)). Notice of the scheduling of the 
final phase of the Commission's investigation and of a public hearing 
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 September 7, 2005 (70 FR 53251). The hearing was held in 
Washington, DC, on January 10, 2006, 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 February 27, 2006. The views of the 
Commission are contained in USITC Publication 3838 (February 2006), 
entitled Certain Orange Juice from Brazil: Investigation No. 731-TA-
1089 (Final).

    By order of the Commission.

    Issued: February 28, 2006.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E6-3085 Filed 3-2-06; 8:45 am]
BILLING CODE 7020-02-P