[Federal Register Volume 76, Number 102 (Thursday, May 26, 2011)]
[Notices]
[Pages 30655-30656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-13088]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-840]


Certain Orange Juice From Brazil: Final Results of the Expedited 
Sunset Review of the Antidumping Duty Order

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

SUMMARY: On February 1, 2011, the Department of Commerce (the 
Department) initiated a sunset review of the antidumping duty order on 
certain orange juice (OJ) from Brazil, pursuant to section 751(c) of 
the Tariff Act of 1930, as amended (the Act). The Department has 
conducted an expedited (120-day) sunset review of this order pursuant 
to 19 CFR 351.218(e)(1)(ii)(C)(2). As a result of this sunset review, 
the Department finds that revocation of the antidumping duty order 
would be likely to lead to the continuation or recurrence of dumping.

DATES: Effective Date: May 26, 2011.

FOR FURTHER INFORMATION: Hector Rodriguez or 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-
0629 and (202) 482-3874, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On February 1, 2011, the Department published the notice of 
initiation of the first sunset review of the antidumping duty order on 
OJ from Brazil, pursuant to section 751(c) of the Act. See Initiation 
of Five-Year (``Sunset'') Review, 76 FR 5563 (Feb. 1, 2011) (Notice of 
Initiation).
    The Department received two separate notices of intent to 
participate from Florida Citrus Mutual, Citrus World, Inc., and Peace 
River Citrus Products, Inc. (the petitioners) and from Southern Gardens 
Citrus Processing Corporation (Southern Gardens), a producer in the 
United States of a domestic like product. Both the petitioners and 
Southern Gardens (collectively, the domestic interested parties) 
claimed interested party status under sections 771(9)(C) and (D) of the 
Act as producers of OJ in the United States.
    The Department received adequate substantive responses to the 
Notice of Initiation from the domestic interested parties within the 
30-day deadline specified in 19 CFR 351.218(d)(3)(i). We received no 
substantive responses from respondent interested parties with respect 
to the order covered by this sunset review. As a result, pursuant to 
section 752(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the 
Department conducted an expedited (120-day) sunset review of the 
antidumping duty order on OJ from Brazil.

[[Page 30656]]

Scope of the Order

    The scope of the 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 the 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), Fischer 
S.A. Comercio, Industria, and Agricultura, Montecitrus Trading S.A., 
and Sucocitrico Cutrale, 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.

Analysis of Comments Received

    All issues raised in this review are addressed in the ``Issues and 
Decision Memorandum for the Expedited Sunset Review of the Antidumping 
Duty Order on Certain Orange Juice from Brazil'' to Ronald K. 
Lorentzen, Deputy Assistant Secretary for Import Administration (May 
19, 2011) (Decision Memo), which is hereby adopted by this notice. The 
issues discussed in the Decision Memo include the likelihood of 
continuation or recurrence of dumping and the magnitude of the margin 
likely to prevail if the order were revoked. 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 Central Records Unit, Room 7046 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.

Final Results of Review

    We determine that revocation of the antidumping duty order on OJ 
from Brazil would be likely to lead to the continuation or recurrence 
of dumping at the following weighted-average percentage margins:

------------------------------------------------------------------------
                                                             Weighted-
            Manufacturers/Exporters/Producers             average margin
                                                             (percent)
------------------------------------------------------------------------
Fischer S.A. Comercio, Industria, and Agricultura *.....           12.46
Montecitrus Trading S.A.................................           60.29
Sucocitrico Cutrale, S.A................................           19.19
All-Others Rate **......................................           16.51
------------------------------------------------------------------------
* Fischer S.A. Comercio, Industria, and Agricultura is the successor-in-
  interest to Fischer S/A--Agroindustria.
** The all-others rate in regards to FCOJM applies to Cargill Citrus
  Limitada and Coinbra-Frutesp (SA). The all-others rate for NFC applies
  to all other companies not identified above.

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of the return or destruction of APO materials or 
conversion to judicial protective orders is hereby requested. Failure 
to comply with the regulations and terms of an APO is a violation which 
is subject to sanction.
    We are issuing and publishing the results and notice in accordance 
with sections 751(c), 752(c), and 777(i)(1) of the Act.

    Dated: May 19, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-13088 Filed 5-25-11; 8:45 am]
BILLING CODE 3510-DS-P