[Federal Register Volume 74, Number 153 (Tuesday, August 11, 2009)]
[Notices]
[Pages 40167-40168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19223]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-840]


Certain Orange Juice from Brazil: Final Results of Antidumping 
Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On April 6, 2009, the Department of Commerce published its 
preliminary results of the administrative review of the antidumping 
duty order on certain orange juice from Brazil. The period of review 
(POR) is March 1, 2007, through February 29, 2008.
    Based on our analysis of the comments received, we have made 
certain changes in the margin calculations. Therefore, the final 
results differ from the preliminary results. The final weighted-average 
dumping margins for the reviewed firms are listed below in the section 
entitled ``Final Results of Review.''

EFFECTIVE DATE: August 11, 2009.

FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood or Miriam Eqab, 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) 482-3693, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On April 6, 2009, the Department published in the Federal Register 
the preliminary results of administrative review of the antidumping 
duty order on certain orange juice from Brazil. See Certain Orange 
Juice from Brazil: Preliminary Results of Antidumping Duty 
Administrative Review, 74 FR 15438 (Apr. 6, 2009) (Preliminary 
Results).
    We invited parties to comment on our preliminary results of review. 
In May 2009, we received case briefs from the petitioners (i.e., 
Florida Citrus Mutual, A. Duda & Sons, Citrus World Inc., and Southern 
Gardens Citrus Processing Corporation) and the respondents (i.e., 
Fischer S.A. Comercio, Industria, and Agricultura (Fischer) and 
Sucocitrico Cutrale, S.A. (Cutrale)). Also in May 2009, we received 
rebuttal briefs from the petitioners and the respondents.
     The Department has conducted this administrative review in 
accordance with section 751 of the Tariff Act of 1930, as amended (the 
Act).

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 (SA), Cutrale, 
Fischer, 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.

Period of Review

    The POR is March 1, 2007, through February 29, 2008.

Cost of Production

    As discussed in the preliminary results, we conducted an 
investigation to determine whether Cutrale and Fischer made home market 
sales of the foreign like product during the POR at prices below their 
costs of production (COP) within the meaning of section 773(b) of the 
Act. See Preliminary Results, 74 FR at 15442. For these final results, 
we performed the cost test following the same methodology as in the 
Preliminary Results, except as discussed in the Issues and Decision 
Memorandum (the Decision Memo).
    We found 20 percent or more of each respondent's sales of a given 
product during the reporting period were at prices less than the 
weighted-average COP for this period. Thus, we determined that these 
below-cost sales were made in ``substantial quantities'' within an 
extended period of time and at prices which did not permit the recovery 
of all costs within a reasonable period of time in the normal course of 
trade. See sections 773(b)(1) and (2) of the Act.
    Therefore, for purposes of these final results, we found that 
Cutrale and Fischer made below-cost sales not in the ordinary course of 
trade. Consequently, we disregarded these sales for each respondent and 
used the remaining sales as the basis for determining normal value 
pursuant to section 773(b)(1) of the Act.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review, and to which we have responded, are listed 
in the Appendix to this notice and addressed in the Decision Memo, 
which is adopted by this notice. Parties can find a complete discussion 
of all issues raised in this review and the corresponding 
recommendations in this public memorandum, which is on file in the

[[Page 40168]]

Central Records Unit, room 1117, of the main Department Building.
    In addition, a complete version of the Decision Memo can be 
accessed directly on the Web at http://ia.ita.doc.gov/frn/. The paper 
copy and electronic version of the Decision Memo are identical in 
content.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we have made 
certain changes to the margin calculations. These changes are discussed 
in the relevant sections of the Decision Memo.

Final Results of Review

    We determine that the following weighted-average margin percentages 
exist for the period March 1, 2007, through February 29, 2008:

------------------------------------------------------------------------
                Manufacturer/Exporter                   Percent Margin
------------------------------------------------------------------------
Fischer S.A. Comercio, Industria, and Agricultura...                0.00
Sucocitrico Cutrale, S.A............................                2.17
------------------------------------------------------------------------

Assessment

    The Department shall determine, and CBP shall assess, antidumping 
duties on all appropriate entries.
    We have calculated importer-specific ad valorem duty assessment 
rates based on the ratio of the total amount of antidumping duties 
calculated for the examined sales to the total entered value of the 
sales. We will instruct CBP to assess antidumping duties on all 
appropriate entries covered by this review if any importer-specific 
assessment rate calculated in the final results of this review is above 
de minimis (i.e., less than 0.50 percent). The Department intends to 
issue assessment instructions to CBP 15 days after the date of 
publication of these final results of review.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). This 
clarification will apply to entries of subject merchandise during the 
POR produced by companies included in these final results of review for 
which the reviewed companies did not know their merchandise was 
destined for the United States. In such instances, we will instruct CBP 
to liquidate unreviewed entries at the all-others rate established in 
the less-than-fair-value (LTFV) investigation if there is no rate for 
the intermediate company(ies) involved in the transaction.

Cash Deposit Requirements

    Further, the following deposit requirements will be effective for 
all shipments of certain orange juice from Brazil entered, or withdrawn 
from warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided for by section 
751(a)(2)(C) of the Act: 1) the cash deposit rates for the reviewed 
companies will be the rates shown above, except if the rate is less 
than 0.50 percent, de minimis within the meaning of 19 CFR 
351.106(c)(1), the cash deposit will be zero; 2) for previously 
investigated companies not listed above, the cash deposit rate will 
continue to be the company-specific rate published for the most recent 
period; 3) if the exporter is not a firm covered in this review, or the 
LTFV investigation, but the manufacturer is, the cash deposit rate will 
be the rate established for the most recent period for the manufacturer 
of the merchandise; and 4) the cash deposit rate for all other 
manufacturers or exporters will continue to be 16.51 percent, the all-
others rate established in the LTFV investigation. See Antidumping Duty 
Order: Certain Orange Juice from Brazil, 72 FR 12183 (Mar. 9, 2006). 
These deposit requirements shall remain in effect until further notice.

Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility, under 19 CFR 351.402(f)(2), to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    This notice serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return/destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.
    We are issuing and publishing these results of review in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act and section 
351.221(b)(5) of the Department's regulations.

    Dated: August 4, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

Appendix - Issues in Decision Memorandum

1. Offsetting of Negative Margins
2. Constructed Export Price Offset for Cutrale
3. Capping of Certain Revenues Received by Cutrale by the Amount of 
Reported Expenses
4. Calculation of the Indirect Selling Expense Ratios for Cutrale's 
U.S. Affilates, Citrus Products Inc. and Cutrale Citrus Juices
5. Ministerial Errors for Cutrale
6. Calculation of the Denominator used in the General and 
Administrative (G&A) and Financial Expense Ratios for Cutrale
7. Classification of Amortized Goodwill for Cutrale
8. Including Adiantamentos Sobre Contraltos de Cambio Financing Costs 
in Cutrale's Financial Expense Ratio
9. Conversion of U.S. Sales of NFC for Fischer from Gallons to Pounds 
Solids
10. Calculation of International Freight Expenses for Fischer
11. Window Period Sales for Fischer
12. Calculation of Fischer's U.S. Dollar Borrowing Rate
13. Raw Material Cost-Allocation Methodology for Fischer
14. Capitalized Costs Related to the Videira Plant for Fischer
15. Omission of Certain Costs in Calculating Fischer's Cost of 
Manufacture
16. Calculation of the G&A Expense Ratio for Fischer
17. Calculation of the Financial Expense Ratio for Fischer
[FR Doc. E9-19223 Filed 8-10-09; 8:45 am]
BILLING CODE 3510-DS-S