[Federal Register Volume 87, Number 2 (Tuesday, January 4, 2022)]
[Notices]
[Pages 215-216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-28506]


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 Notices
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
 and investigations, committee meetings, agency decisions and rulings, 
 delegations of authority, filing of petitions and applications and agency 
 statements of organization and functions are examples of documents 
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  Federal Register / Vol. 87, No. 2 / Tuesday, January 4, 2022 / 
Notices  

[[Page 215]]



DEPARTMENT OF COMMERCE

International Trade Administration

[A-357-818]


2016 Agreement Suspending the Antidumping Duty Investigation on 
Lemon Juice From Argentina; Final Results of the Expedited Second 
Sunset Review of the Suspension Agreement

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: As a result of this sunset review, the U.S. Department of 
Commerce (Commerce) finds that termination of the 2016 Agreement 
Suspending the Antidumping Duty Investigation on Lemon Juice from 
Argentina (2016 Agreement) and the suspended antidumping duty 
investigation would be likely to lead to continuation or recurrence of 
dumping at the levels indicated in the ``Final Results of Review'' 
section of this notice.

DATES: Applicable: January 4, 2022.

FOR FURTHER INFORMATION CONTACT: Sally C. Gannon or Jill Buckles, 
Bilateral Agreements Unit, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230, telephone: (202) 482-0162 or (202) 
482-6230, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 1, 2021, Commerce published the notice of initiation 
of the second sunset review of the suspended investigation of lemon 
juice from Argentina,\1\ pursuant to section 751(c) of the Tariff Act 
of 1930, as amended (the Act).\2\ On September 15, 2021, Commerce 
received a timely and complete notice of intent to participate from 
domestic interested party Ventura Coastal LLC (Ventura Coastal) within 
the deadline specified in 19 CFR 351.218(d)(1)(i).\3\ Ventura Coastal 
claimed interested party status under section 771(9)(C) of the Act.
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    \1\ See Lemon Juice from Argentina: Continuation of Suspension 
of Antidumping Investigation, 81 FR 74395 (October 26, 2016).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 86 FR 48983 
(September 1, 2021).
    \3\ See Ventura Coastal's Letter, ``2nd Five-Year (`Sunset') 
Review of Agreement to Suspend Antidumping Investigation of Lemon 
Juice from Argentina: Notice of Intent to Participate,'' dated 
September 15, 2021.
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    On October 1, 2021, Commerce received an adequate substantive 
response from Ventura Coastal within the 30-day deadline specified in 
19 CFR 351.218(d)(3)(i).\4\ Commerce did not receive a substantive 
response from any respondent interested party and no hearing was 
requested. As a result, pursuant to section 751(c)(3)(B) of the Act and 
19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited (120-
day) sunset review of the 2016 Agreement and suspended investigation.
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    \4\ See Ventura Coastal's Letter, ``2nd Five-Year (`Sunset') 
Review of the Agreement to Suspend the Antidumping Duty 
Investigation of Lemon Juice from Argentina: Substantive Response of 
Domestic Interested Party,'' dated October 1, 2021.
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Scope of the 2016 Agreement

    The product covered by the 2016 Agreement is 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-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 the 2016 Agreement is dispositive.

Analysis of Comments Received

    All issues raised in this sunset review are addressed in the 
accompanying Issues and Decision Memorandum.\5\ The Issues and Decision 
Memorandum is a public document and is on file electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov. A list of topics 
discussed in the Issues and Decision Memorandum is included as an 
appendix to this notice. A complete version of the Issues and Decision 
Memorandum can be accessed at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \5\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Expedited Sunset Review of the 2016 Agreement 
Suspending the Antidumping Duty Investigation on Lemon Juice from 
Argentina,'' dated concurrently with and hereby adopted by this 
notice (Issues and Decision Memorandum).
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Final Results of Review

    Pursuant to sections 751(c)(1) and 752(c) of the Act, Commerce 
determines that termination of the 2016 Agreement and suspended 
investigation of lemon juice from Argentina would likely lead to 
continuation or recurrence of dumping, and that the magnitude of the 
weighted-average dumping margins likely to prevail are up to 128.50 
percent.\6\
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    \6\ See Lemon Juice from Argentina: Preliminary Determination of 
Sales at Less Than Fair Value and Affirmative Preliminary 
Determination of Critical Circumstances, 72 FR 20820 (April 26, 
2007).
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Notification Regarding Administrative Protective Order

    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 order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a violation which is 
subject to sanction.

[[Page 216]]

Notification to Interested Parties

    We are issuing and publishing these final results and notice in 
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and 
19 CFR 351.218.

    Dated: December 29, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy & Negotiations, Performing the 
Non-Exclusive Functions and Duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Agreement
IV. History of the Current and Prior Agreements
V. Legal Framework
VI. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of Dumping
    2. Magnitude of the Dumping Margins Likely to Prevail
VII. Final Results of Expedited Sunset Review
VIII. Recommendation

[FR Doc. 2021-28506 Filed 1-3-22; 8:45 am]
BILLING CODE 3510-DS-P