[Federal Register Volume 73, Number 83 (Tuesday, April 29, 2008)]
[Notices]
[Pages 23182-23183]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-9337]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-840]


Certain Orange Juice from Brazil: Initiation of Antidumping Duty 
Changed Circumstances Review

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

EFFECTIVE DATE: April 29, 2008.
SUMMARY: Tropicana Products, Inc. (Tropicana) has requested that the 
Department initiate a changed circumstances review to consider 
partially revoking the order on certain orange juice from Brazil to 
exclude ultra low pulp orange juice (ULPOJ) pursuant to section 
751(b)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 
351.216(b) and 351.222(g)(1)(i). In response to this request, the 
Department of Commerce (the Department) is

[[Page 23183]]

initiating a changed circumstances review.

FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood or Henry Almond; 
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) 482-0049, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On March 9, 2006, the Department published in the Federal Register 
an antidumping duty order on certain orange juice from Brazil. See 
Antidumping Duty Order: Certain Orange Juice from Brazil, 72 FR 12183 
(Mar. 9, 2006).
    On June 14, 2007, Tropicana requested that the Department initiate 
a changed circumstances review to consider partially revoking the 
antidumping duty order on certain orange juice from Brazil to exclude 
ULPOJ. According to Tropicana, producers accounting for substantially 
all of the production of the domestic like product have no interest in 
maintaining the order on ULPOJ.
    On July 24, 2007, we requested documentation from Tropicana 
regarding its industry support assertions and the documentation to 
support the pulp content of ULPOJ. On January 31, 2008, Tropicana 
responded to the Department's request for information, providing: 1) 
letters of support from processors either supporting or not opposing 
Tropicana's request to exclude ULPOJ from the order; 2) a calculation 
of the level of industry support; and 3) documentation regarding the 
pulp content of ULPOJ.
    On February 29, 2008, we received comments from Florida Citrus 
Mutual, A. Duda & Sons, Inc. (doing business as Citrus Belle), and 
Citrus World, Inc. (collectively, ``the petitioners''), regarding 
Tropicana's request. The petitioners contend that the Department must 
consider the position of the entire domestic industry (i.e., both 
processors and growers) when determining the level of industry support, 
as was done for purposes of the initiation of this proceeding. 
According to the petitioners, when the growers are considered, there 
will be an insufficient level of industry support necessary for the 
Department to partially revoke the order under 19 CFR 351.222(g)(1)(i). 
In addition, the petitioners note that, contrary to Tropicana's 
assertion, the U.S. domestic industry is capable of producing ULPOJ. 
Therefore, the petitioners urge the Department to reject Tropicana's 
request and not initiate this changed circumstances review.
    On March 6, 2008, we requested additional information from 
Tropicana regarding an incomplete letter contained in its January 31 
response. On March 10, 2008, Tropicana submitted the requested 
information.

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 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, Coinbra-Frutesp S.A., 
Sucocitrico Cutrale, S.A. , Fischer S/A - Agroindustria, and 
Montecitrus Trading S.A.
    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 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 the order 
is dispositive.

Initiation of Changed Circumstances Review

    Pursuant to section 751(b)(1) of the Act, the Department will 
conduct a changed circumstances review upon receipt of information 
concerning, or a request from an interested party for a review of, an 
antidumping duty order which shows changed circumstances sufficient to 
warrant a review of the order. In accordance with 19 CFR 351.216(d), 
the Department finds there is sufficient information to warrant 
initiating a changed circumstances review. Therefore, pursuant to 
section 751(b)(1) of the Act and 19 CFR 351.216(d), we are initiating a 
changed circumstances review to determine whether the Department should 
partially revoke the order on certain orange juice from Brazil to 
exclude ULPOJ.
    While Tropicana contends that it has sufficient industry support 
under 19 CFR 351.222(g)(1)(i) for the Department to partially revoke 
the order to exclude ULPOJ, we note that the petitioners have 
questioned Tropicana's exclusion of orange growers from the calculation 
of industry support. We will address the level of industry support for 
Tropicana's request in the context of this proceeding.
    The Department will publish in the Federal Register a notice of 
preliminary results of changed circumstances review in accordance with 
19 CFR 351.221(b)(4) and 351.221(c)(3)(i), which will set forth the 
Department's preliminary factual and legal conclusions. Pursuant to 19 
CFR 351.221(b)(4)(ii), interested parties will have an opportunity to 
comment on the preliminary results. The Department will issue its final 
results of review in accordance with the time limits set forth in 19 
CFR 351.216(e).
    This notice is in accordance with section 751(b)(1) of the Act.

    Dated: April 23, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-9337 Filed 4-28-08; 8:45 am]
BILLING CODE 3510-DS-S