[Federal Register Volume 78, Number 125 (Friday, June 28, 2013)]
[Notices]
[Pages 38944-38945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-15446]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-835]


Lemon Juice From Mexico: Final Results of Full Sunset Review of 
the Suspended Antidumping Duty Investigation

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

DATES: Effective Date: June 28, 2013.
SUMMARY: On August 1, 2012, the Department of Commerce (``Department'') 
published in the Federal Register the notice of initiation of the 
sunset review of the suspended antidumping duty investigation on lemon 
juice from Mexico. The Department finds that termination of the 
suspended antidumping duty investigation would be likely to lead to 
continuation or recurrence of dumping at the margins indicated in the 
``Final Results of Review'' section of this notice.

FOR FURTHER INFORMATION CONTACT: Maureen Price or Sally C. Gannon, 
Bilateral Agreements Unit, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4271 or (202) 482-0162, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On August 1, 2012, the Department initiated a sunset review of the 
suspended antidumping duty investigation on lemon juice from Mexico, 
pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the 
Act'').\1\ The Department received a notice of intent to participate 
from the domestic interested party, Ventura Coastal, LLC (``Ventura''), 
a joint venture between Ventura Coastal and Sunkist Growers, Inc., the 
petitioner in the underlying investigation, within the deadline 
specified in 19 CFR 351.218(d)(1)(i). Ventura claimed interested party 
status under section 771(9)(C) of the Act as a U.S. producer of the 
subject merchandise. On August 31, 2012, the Department received 
complete substantive responses from the domestic interested party and 
the respondent interested parties, The Coca-Cola Company and its 
subsidiary, The Coca-Cola Export Corporation, Mexico Branch 
(collectively, ``TCCC'') and Procimart Citrus (``Procimart''), within 
the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). On September 
7, 2012, the Department received timely filed rebuttals to the 
substantive responses from Ventura and Procimart. As a result, pursuant 
to 19 CFR 351.218(e)(2), the Department conducted a full sunset 
review.\2\ On December 26, 2012, the Department preliminarily 
determined that termination of the suspended antidumping duty 
investigation on lemon juice from Mexico would likely lead to 
continuation or recurrence of dumping.\3\ Procimart filed a request for 
a hearing on January 25, 2013, which it later withdrew.\4\ On February 
14, 2013, the respondent interested parties submitted comments on the 
Preliminary Results \5\ and, on February 19, 2013, Ventura submitted 
rebuttal comments.\6\ On March 18, 2013, the Department extended the 
deadline for the final results of full sunset review of the Agreement 
and the suspended antidumping duty investigation to July 1, 2013.
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    \1\ Initiation of Five-Year (``Sunset'') Review and Correction, 
77 FR 45589 (August 1, 2012).
    \2\ Memorandum to Sally C. Gannon, Director for Bilateral 
Agreements, Office of Policy, Sunset Review of the Agreement 
Suspending the Antidumping Investigation of Lemon Juice from Mexico: 
Adequacy Determination, September 19, 2012.
    \3\ Lemon Juice from Mexico: Preliminary Results of Full Sunset 
Review of the Suspended Antidumping Duty Investigation, 77 FR 75998 
(December 26, 2012) (``Preliminary Results'').
    \4\ Lemon Juice from Mexico; Request to Participate at Hearing 
on behalf of Procimart Citrus, January 25, 2013; Lemon Juice from 
Mexico; Withdraw of Hearing Request Sunset Review on behalf of 
Procimart Citrus, February 15, 2013.
    \5\ Lemon Juice from Mexico (A-201-835) Sunset Review; TCCC Case 
Brief, February 14, 2013; Procimart SA de CV and the Citrus Team 
Company Brief, February 14, 2013.
    \6\ Lemon Juice from Mexico--Rebuttal Brief on behalf of Ventura 
Coastal, LLC (Rebuttal Brief), February 19, 2013.
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 Scope of the Suspended Investigation

    The merchandise covered by the suspended investigation 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-

[[Page 38945]]

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% or less 
lemon juice as an ingredient.
    Lemon juice is classifiable under subheadings 2009.39.6020, 
2009.31.6020, 2009.31.4000, 2009.31.6040, and 2009.39.6040 of the 
Harmonized Tariff Schedule of the United States (HTSUS). While HTSUS 
subheadings are provided for convenience and customs purposes, our 
written description of the scope of this Agreement is dispositive.

Analysis of Comments Received

    All issues raised in this review are addressed in the Issues and 
Decision Memorandum (``Decision Memorandum'') from Lynn Fischer Fox, 
Deputy Assistant Secretary for Policy & Negotiations, to Ronald K. 
Lorentzen, Acting Assistant Secretary for Import Administration, dated 
concurrently with this notice, which is hereby adopted by this notice. 
The issues discussed in the Decision Memorandum include the likelihood 
of continuation or recurrence of dumping, the magnitude of the margin 
of dumping likely to prevail if the suspended investigation were 
terminated, and whether to disregard Ventura's response. Parties can 
find a complete discussion of all issues raised in this sunset review 
and the corresponding recommendations in this public memorandum, which 
is on file electronically via Import Administration's Antidumping and 
Countervailing Duty Centralized Electronic Service System (``IA 
ACCESS''). Access to IA ACCESS is available to registered users at 
http://iaaccess.trade.gov/ and in the Central Records Unit (``CRU''), 
Room 7046 of the main Department of Commerce building. In addition, a 
complete version of the Decision Memorandum can be accessed directly on 
the Internet at http://ia.ita.doc.gov/frn. The paper copy and 
electronic version of the Decision Memorandum are identical in content.

Final Results of Review

    Pursuant to sections 751(c)(1) and (3) of the Act, the Department 
determines that termination of the suspended antidumping duty 
investigation on lemon juice from Mexico would likely lead to 
continuation or recurrence of dumping and that the magnitude of the 
margin of dumping likely to prevail if the suspended investigation were 
terminated is 146.10 percent for The Coca-Cola Export Corporation, 
Mexico Branch, 205.37 percent for Citrotam Internacional S.P.R. de R.L. 
(Citrotam)/Productos Naturales de Citricos (Pronacit) and 146.10 
percent for all other exporters.

Notification to Interested Parties

    This notice also serves as the only reminder to parties subject to 
an 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 order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a violation which is 
subject to sanction.
    The Department is issuing and publishing the results and notice in 
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act.

    Dated: June 20, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. 2013-15446 Filed 6-27-13; 8:45 am]
BILLING CODE 3510-DS-P