[Federal Register Volume 72, Number 203 (Monday, October 22, 2007)]
[Notices]
[Pages 59512-59513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-20751]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-351-840)


Notice of Final Results of Antidumping Duty Changed Circumstances 
Review: Certain Orange Juice from Brazil

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) has determined, 
pursuant to section 751(b) of the Tariff Act of 1930, as amended (the 
Act), that Fischer S.A. Comecio, Industria, and Agricultura (Fischer 
Comercio) is the successor-in-interest to Fischer S/A Agroindustria 
(Fischer Agroindustria). Thus, we find that Fischer Comercio should 
receive the same antidumping duty cash deposit rate (i.e., 12.46 
percent) with respect to the subject merchandise as Fischer 
Agroindustria, its predecessor company, as of the date of publication 
of this notice in the Federal Register.

EFFECTIVE DATE: (October 22, 2007.

FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood, 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.

SUPPLEMENTARY INFORMATION:

Background

    On September 11, 2007, the Department initiated this changed 
circumstances review based on a request from Fischer Agroindustria and 
simultaneously issued its preliminary results that Fischer Comercio is 
the successor-in-interest to Fischer Agroindustria and should receive 
Fischer Agroindustria's cash deposit rate of 12.46 percent. See Notice 
of Initiation and Preliminary Results of Antidumping Duty Changed 
Circumstances Review: Certain Orange Juice from Brazil, 72 FR 51798 
(Sept. 11, 2007) (Initiation and Preliminary Results). In the 
Initiation and Preliminary Results, we stated that interested parties 
could request a hearing or submit case briefs and/or written comments 
to the Department no later than 30 days after publication of the 
Initiation and Preliminary Results noticein the Federal Register, and 
submit rebuttal briefs, limited tothe issues raised in those case 
briefs, seven days subsequent to the due date of the case briefs. We 
did not receive any hearing requests or comments on the Initiation and 
Preliminary Results.

Scope of the 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 FCOJM; and (2) pasteurized single-strength orange juice which has 
not been concentrated, referred to as 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 Agroindustria, 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[lsqb]deg[rsqb] 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.

Final Results of Changed Circumstances Review

    Based on the information provided by Fischer Agroindustria, and the 
fact that the Department did not receive any comments during the 
comment period following the preliminary results of this review, the 
Department confirms its preliminary determination that Fischer Comercio 
is the successor-in-interest to Fischer Agroindustria for antidumping 
duty cash deposit purposes.

[[Page 59513]]

Instructions to U.S. Customs and Border Protection (CBP)

    The Department will instruct CBP to suspend liquidation of all 
shipments of the subject merchandise produced and exported by Fischer 
Comercio entered, or withdrawn from warehouse, for consumption, on or 
after the publication date of this notice at 12.46 percent (i.e., 
Fischer Agroindustria's cash deposit rate). This deposit rate shall 
remain in effect until publication of the final results of the ongoing 
administrative review, in which Fischer Comercio/Fischer Agroindustria 
is participating.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.306. Timely written notification of 
the return/destruction of APO materials or conversion to judicial 
protective order is hereby requested. Failure to comply with the 
regulations and terms of an APO is a sanctionable violation.
    This notice is published in accordance with sections 751(b) and 
777(i)(1) of the Act, and section 351.216(e) of the Department's 
regulations.

    Dated: October 16, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E7-20751 Filed 10-19-07; 8:45 am]
BILLING CODE 3510-DS-S