[Federal Register Volume 72, Number 108 (Wednesday, June 6, 2007)]
[Notices]
[Pages 31342-31343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-10846]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 731-TA-1105-1106 (Final)]


Lemon Juice From Argentina and Mexico

AGENCY: United States International Trade Commission.

ACTION: Scheduling of final phase antidumping investigations.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping investigation Nos. 731-TA-1105-1106 (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 Argentina and 
Mexico of lemon juice, provided for in subheadings 2009.31.40, 
2009.31.60, and 2009.39.60 of the Harmonized Tariff Schedule of the 
United States.\1\
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    \1\ For purposes of these investigations, the Department of 
Commerce has defined the subject merchandise as:
    ``* * * includes certain lemon juice for further manufacture, 
with or without addition of preservatives, sugar, or other 
sweeteners, regardless of the GPL (grams per liter of citric acid) 
level of concentration, brix level, brix/acid ratio, pulp content, 
clarity, grade, horticulture method (e.g., organic or not), 
processed form (e.g., frozen or not-from-concentrate), FDA standard 
of identity, the size of the container in which packed, or the 
method of packing.
    Excluded from the scope are: (1) Lemon juice at any level of 
concentration packed in retail-sized containers ready for sale to 
consumers, typically at a level of concentration of 48 GPL; and (2) 
beverage products such as lemonade that typically contain 20 percent 
or less lemon juice as an ingredient.''
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    For further information concerning the conduct of this phase of the 
investigations, 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: April 26, 2007.

FOR FURTHER INFORMATION CONTACT: Jim McClure (202-205-3191), 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 these investigations may 
be viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: Background.--The final phase of these 
investigations is being scheduled as a result of affirmative 
preliminary determinations by the Department of Commerce that imports 
of lemon juice from Argentina and Mexico 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 investigations were requested in a petition 
filed on September 21, 2006, by Sunkist Growers, Inc., Sherman Oaks, 
CA.
    Participation in the investigations 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 these 
investigations 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 investigations 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 
investigations.
    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 these investigations 
available to authorized applicants under the APO issued in the 
investigations, 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 investigations. A party granted access 
to BPI in the preliminary phase of the investigations 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 
these investigations will be placed in the nonpublic record on August 
28, 2007, 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 these investigations beginning at 9:30 a.m. on September 
11, 2007, at the 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 August 31, 2007. A nonparty who has 
testimony

[[Page 31343]]

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 September 6, 
2007, 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 September 4, 2007. 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 September 18, 2007; 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 investigations may submit a 
written statement of information pertinent to the subject of the 
investigations, including statements of support or opposition to the 
petition, on or before September 18, 2007. On October 5, 2007, 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 October 9, 2007, 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 Fed. Reg. 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 investigations must be 
served on all other parties to the investigations (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: These investigations are 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.

    Issued: May 31, 2007.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E7-10846 Filed 6-5-07; 8:45 am]
BILLING CODE 7020-02-P