[Federal Register Volume 71, Number 46 (Thursday, March 9, 2006)]
[Notices]
[Pages 12183-12184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-3364]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A 351-840)


Antidumping Duty Order: Certain Orange Juice from Brazil

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: March 9, 2006.

FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood or Jill Pollack, 
AD/CVD Operations, Office 2, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482-3874 
or (202) 482-4593, respectively.

SUPPLEMENTARY INFORMATION:

Scope of Order

    The scope of this order includes 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 frozen concentrated orange juice for manufacture (FCOJM); and (2) 
pasteurized single-strength orange juice which has not been 
concentrated, referred to as not-from-concentrate (NFC). At the time of 
the filing of the petition, there was an existing antidumping duty 
order on frozen concentrated orange juice (FCOJ) from Brazil. See 
Antidumping Duty Order; Frozen Concentrated Orange Juice from Brazil, 
52 FR 16426 (May 5, 1987). Therefore, the scope of this order 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 as of December 27, 2004. Those 
companies are Cargill Citrus Limitada (Cargill), Coinbra-Frutesp S.A. 
(Coinbra-Frutesp), Sucocitrico Cutrale, S.A. (Cutrale), Fischer S/A - 
Agroindustria (Fischer), and Montecitrus Trading S.A. (Montecitrus).
    Excluded from the scope of the order are 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 42[deg] 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. The subject 
merchandise is currently classifiable under subheadings 2009.11.00, 
2009.12.25, 2009.12.45, and 2009.19.00 of the Harmonized Tariff 
Schedule of the United States (HTSUS). These HTSUS subheadings are 
provided for convenience and for customs purposes only and are not 
dispositive. Rather, the written description of the scope of this order 
is dispositive.

Antidumping Duty Order

    On February 27, 2006, the International Trade Commission (the ITC) 
notified the Department of Commerce (the Department) of its final 
determination pursuant to section 735(b)(1)(A)(i) of the Tariff Act of 
1930, as amended (the Act), that the industry in the United States 
producing certain orange juice is materially injured by reason of less-
than-fair-value imports of subject merchandise from Brazil. In 
addition, the ITC notified the Department of its final determination 
that critical circumstances do not exist with respect to imports of 
subject merchandise from Brazil that are subject to the Department's 
partial affirmative critical circumstances finding. Therefore, in 
accordance with section 736(a)(1) of the Act, the Department will 
direct U.S. Customs and Border Protection (CBP) to assess, upon further 
advice by the Department, antidumping duties equal to the amount by 
which the normal value of the merchandise exceeds the U.S. price of the 
merchandise for all relevant entries of certain orange juice from 
Brazil. These antidumping duties will be assessed on all unliquidated 
entries of certain orange juice from Brazil entered, or withdrawn from 
the warehouse, for consumption on or after August 24, 2005, the date on 
which the Department published its Notice of Preliminary Determination 
of Sales at Less Than Fair Value, Postponement of Final Determination, 
and Affirmative Preliminary Critical Circumstances Determination: 
Certain Orange Juice from Brazil, 70 FR 49557 (Aug. 24, 2005). With 
regard to the ITC negative critical circumstances determination, we 
will instruct CBP to lift suspension and to release any bond or other 
security, and refund any cash deposit made, to secure the payment of 
antidumping duties with respect to entries of the merchandise entered, 
or withdrawn from warehouse, for consumption on or after May 26, 2005 
(i.e., 90 days prior to the date of publication of the preliminary 
determination in the Federal Register), but before August 24, 2005.
    Section 733(d) of the Act states that instructions issued pursuant 
to an affirmative preliminary determination may not remain in effect 
for more than four months except where exporters representing a 
significant proportion of exports of the subject merchandise extend 
that four-month period to not more than six months. In this 
investigation, the six-month period beginning on the date of the 
publication of the preliminary determination ended on February 19, 
2006. Furthermore, section 737 of the Act states that definitive duties 
are to begin on the date of publication of the ITC's final injury 
determination. Therefore, in accordance with section 733(d) of the Act 
and our practice, we instructed CBP to terminate the suspension of 
liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of certain orange juice from Brazil entered, or 
withdrawn from warehouse, for consumption on or after February 19, 
2006, and before the date of publication of the ITC's final injury 
determination in the Federal Register. See Antidumping Duty Order: 
Certain Color Television Receivers From the

[[Page 12184]]

People's Republic of China, 69 FR 31347 (June 3, 2004). Suspension of 
liquidation will continue on or after this date.
    On or after the date of publication of the ITC's notice of final 
determination in the Federal Register, CBP will require, at the same 
time as importers would normally deposit estimated duties on this 
merchandise, cash deposits for the subject merchandise equal to the 
estimated weighted-average antidumping duty margins listed below. We 
will also instruct CBP that, for NFC, the ``All Others'' rate applies 
to all companies not specifically named below. However, for FCOJM, the 
``All Others'' rate only applies to FCOJM produced and/or exported by 
Cargill and Coinbra-Frutesp.

------------------------------------------------------------------------
                                                            Weighted-
                 Manufacturer/Exporter                    Average Margin
                                                            (percent)
------------------------------------------------------------------------
Fischer S/A - Agroindustria............................          12.46
Montecitrus Trading S.A................................          60.29
Sucocitrico Cutrale, S.A...............................          19.19
All Others.............................................          16.51
------------------------------------------------------------------------

This notice constitutes the antidumping duty order with respect to 
certain orange juice from Brazil, pursuant to section 736(a) of the 
Act. Interested parties may contact the Department's Central Records 
Unit, Room B-099 of the main Commerce building, for copies of an 
updated list of antidumping duty orders currently in effect.
    This order is published in accordance with section 736(a) of the 
Act and 19 CFR 351.211.

    Dated: February 28, 2006.
David M. Spooner,
Assistant Secretary.
[FR Doc. E6-3364 Filed 3-8-06; 8:45 am]
BILLING CODE 3510-DS-S