[Federal Register Volume 87, Number 81 (Wednesday, April 27, 2022)]
[Notices]
[Pages 24934-24939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08951]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-357-825]


White Grape Juice Concentrate From Argentina: Initiation of Less-
Than-Fair-Value Investigation

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

DATES: Applicable April 20, 2022.

FOR FURTHER INFORMATION CONTACT: Myrna Lobo, AD/CVD Operations, Office 
VII, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-2371.

SUPPLEMENTARY INFORMATION: 

The Petition

    On March 31, 2022, the Department of Commerce (Commerce) received 
an antidumping duty (AD) petition concerning imports of white grape 
juice concentrate (WGJC) from Argentina filed in proper form on behalf 
of Delano Growers Grape Products, LLC (the petitioner), a domestic 
producer of

[[Page 24935]]

WGJC.\1\ The Petition was accompanied by a countervailing duty (CVD) 
petition concerning imports of WGJC from Argentina.\2\
---------------------------------------------------------------------------

    \1\ See Petitioner's Letter, ``Petition for the Imposition of 
Antidumping and Countervailing Duties: White Grape Juice Concentrate 
from Argentina,'' dated March 31, 2022 (the Petition).
    \2\ Id.
---------------------------------------------------------------------------

    Between April 5 and 14, 2022, Commerce requested supplemental 
information pertaining to certain aspects of the Petition.\3\ The 
petitioner filed timely responses to each request.\4\
---------------------------------------------------------------------------

    \3\ See Commerce's Letters, ``Petitions for the Imposition of 
Antidumping and Countervailing Duties on Imports of White Grape 
Juice Concentrate from Argentina: Supplemental Questions,'' dated 
April 5, 2022 (General Issues Questionnaire); ``Second Supplemental 
Questions,'' dated April 14, 2022; and AD Supplemental 
Questionnaires, dated April 5 and 14, 2022.
    \4\ See Petitioner's Letters, ``Petition for the Imposition of 
Antidumping and Countervailing Duties: White Grape Juice Concentrate 
from Argentina,'' dated April 13, 2022 (First General Issues 
Supplement); ``Petition for the Imposition of Antidumping and 
Countervailing Duties: White Grape Juice Concentrate from 
Argentina,'' dated April 14, 2022 (Second General Issues 
Supplement); ``Petition for the Imposition of Antidumping and 
Countervailing Duties: White Grape Juice Concentrate from 
Argentina,'' dated April 11, 2022; ``Petition for the Imposition of 
Antidumping and Countervailing Duties: White Grape Juice Concentrate 
from Argentina,'' dated April 11, 2022 (Updated Declarations); and 
``Petition for the Imposition of Antidumping and Countervailing 
Duties: White Grape Juice Concentrate from Argentina,'' dated April 
15, 2022.
---------------------------------------------------------------------------

    In accordance with section 732(b) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that imports of WGJC from 
Argentina are being, or are likely to be, sold in the United States at 
less than fair value (LTFV) within the meaning of section 731 of the 
Act, and that imports of such products are materially injuring, or 
threatening material injury to, the WGJC industry in the United States. 
Consistent with section 732(b)(1) of the Act, the Petition is 
accompanied by information reasonably available to the petitioner 
supporting its allegations.
    Commerce finds that the petitioner filed the Petition on behalf of 
the domestic industry, because the petitioner is an interested party, 
as defined in section 771(9)(C) of the Act. Commerce also finds that 
the petitioner demonstrated sufficient industry support for the 
initiation of the requested LTFV investigation.\5\
---------------------------------------------------------------------------

    \5\ See infra, section titled ``Determination of Industry 
Support for the Petition.''
---------------------------------------------------------------------------

Period of Investigation

    Because the Petition was filed on March 31, 2022, the period of 
investigation (POI) for this LTFV investigation is January 1, 2021, 
through December 31, 2021, pursuant to 19 CFR 351.204(b)(1).

Scope of the Investigation

    The product covered by this investigation is WGJC from Argentina. 
For a full description of the scope of this investigation, see the 
appendix to this notice.

Comments on the Scope of the Investigation

    On April 5, 2022, Commerce requested further information from the 
petitioner regarding the proposed scope, to ensure that the scope 
language in the Petition is an accurate reflection of the products for 
which the domestic industry is seeking relief.\6\ On April 13, 2022, 
the petitioner provided a narrative clarification regarding the 
scope.\7\ The description of the merchandise covered by this 
investigation, as described in the appendix to this notice, reflects 
the products for which the domestic industry is seeking relief.
---------------------------------------------------------------------------

    \6\ See General Issues Questionnaire.
    \7\ See First General Issues Supplement at 2.
---------------------------------------------------------------------------

    As discussed in the Preamble to Commerce's regulations, we are 
setting aside a period for interested parties to raise issues regarding 
product coverage (i.e., scope).\8\ Commerce will consider all comments 
received from interested parties and, if necessary, will consult with 
interested parties prior to the issuance of the preliminary 
determination. If scope comments include factual information,\9\ all 
such factual information should be limited to public information. To 
facilitate preparation of its questionnaires, Commerce requests that 
all interested parties submit such comments by 5:00 p.m. Eastern Time 
(ET) on May 10, 2022, which is 20 calendar days from the signature date 
of this notice. Any rebuttal comments, which may include factual 
information, must be filed by 5:00 p.m. ET on May 20, 2022, which is 
ten calendar days from the initial comment deadline.
---------------------------------------------------------------------------

    \8\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble).
    \9\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
---------------------------------------------------------------------------

    Commerce requests that any factual information that parties 
consider relevant to the scope of this investigation be submitted 
during this period. However, if a party subsequently finds that 
additional factual information pertaining to the scope of this 
investigation may be relevant, the party may contact Commerce and 
request permission to submit the additional information. All such 
submissions must be filed on the records of each of the concurrent AD 
and CVD investigations.

Filing Requirements

    All submissions to Commerce must be filed electronically via 
Enforcement and Compliance's Antidumping Duty and Countervailing Duty 
Centralized Electronic Service System (ACCESS), unless an exception 
applies.\10\ An electronically filed document must be received 
successfully in its entirety by the time and date on which it is due. 
Note that Commerce has temporarily modified certain of its requirements 
for serving documents containing business proprietary information, 
until further notice.\11\
---------------------------------------------------------------------------

    \10\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and 
Compliance; Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014) for details of Commerce's electronic filing 
requirements, effective August 5, 2011. Information on help using 
ACCESS can be found at https://access.trade.gov/help.aspx and a 
handbook can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
    \11\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020) (Temporary Rule).
---------------------------------------------------------------------------

Comments on Product Characteristics

    Commerce is providing interested parties an opportunity to comment 
on the appropriate physical characteristics of WGJC to be reported in 
response to Commerce's AD questionnaires. This information will be used 
to identify the key physical characteristics of the subject merchandise 
in order to report the relevant costs of production accurately, as well 
as to develop appropriate product comparison criteria.
    Interested parties may provide any information or comments that 
they feel are relevant to the development of an accurate list of 
physical characteristics. Specifically, they may provide comments as to 
which characteristics are appropriate to use as: (1) General product 
characteristics; and (2) product comparison criteria. We note that it 
is not always appropriate to use all product characteristics as product 
comparison criteria. We base product comparison criteria on meaningful 
commercial differences among products. In other words, although there 
may be some physical product characteristics utilized by manufacturers 
to describe WGJC, it may be that only a select few product 
characteristics take into account commercially meaningful physical 
characteristics. In addition, interested parties may comment on the 
order in which the physical characteristics should be used in matching 
products. Generally, Commerce attempts to list

[[Page 24936]]

the most important physical characteristics first and the least 
important characteristics last.
    In order to consider the suggestions of interested parties in 
developing and issuing the AD questionnaires, all product 
characteristics comments must be filed by 5:00 p.m. ET on May 10, 2022, 
which is 20 calendar days from the signature date of this notice. Any 
rebuttal comments must be filed by 5:00 p.m. ET on May 20, 2022, which 
is ten calendar days from the initial comment deadline. All comments 
and submissions to Commerce must be filed electronically using ACCESS, 
as explained above, on the record of the LTFV investigation.

Determination of Industry Support for the Petition

    Section 732(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 732(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) At least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, Commerce shall: (i) 
Poll the industry or rely on other information in order to determine if 
there is support for the petition, as required by subparagraph (A); or 
(ii) determine industry support using a statistically valid sampling 
method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs Commerce to look to producers and workers who produce the 
domestic like product. The U.S. International Trade Commission (ITC), 
which is responsible for determining whether ``the domestic industry'' 
has been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both Commerce and the 
ITC must apply the same statutory definition regarding the domestic 
like product,\12\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, Commerce's determination 
is subject to limitations of time and information. Although this may 
result in different definitions of the like product, such differences 
do not render the decision of either agency contrary to law.\13\
---------------------------------------------------------------------------

    \12\ See section 771(10) of the Act.
    \13\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------

    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
petition).
    With regard to the domestic like product, the petitioner does not 
offer a definition of the domestic like product distinct from the scope 
of the investigation.\14\ Based on our analysis of the information 
submitted on the record, we have determined that WGJC, as defined in 
the scope, constitutes a single domestic like product, and we have 
analyzed industry support in terms of that domestic like product.\15\
---------------------------------------------------------------------------

    \14\ See Petition at 16-20.
    \15\ For a discussion of the domestic like product analysis as 
applied to this case and information regarding industry support, see 
Antidumping Duty Investigation Initiation Checklist: White Grape 
Juice Concentrate from Argentina (AD Initiation Checklist) at 
Attachment II, Analysis of Industry Support for the Antidumping and 
Countervailing Duty Petitions Covering White Grape Juice Concentrate 
from Argentina (Attachment II). This checklist is dated concurrently 
with this notice and on file electronically via ACCESS.
---------------------------------------------------------------------------

    In determining whether the petitioner has standing under section 
732(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petition with reference to the domestic like product 
as defined in the ``Scope of the Investigation,'' in the appendix to 
this notice. To establish industry support, the petitioner provided the 
total volume of grapes it crushed for WGJC during crop year 2020 (i.e., 
August 2020-July 2021).\16\ The petitioner also provided the total 
volume of grapes crushed for concentrate during crop year 2020, as 
reported by the U.S. Department of Agriculture's National Agricultural 
Statistics Service (USDA NASS) in its July 29, 2021, 2020 Errata to the 
California Grape Crush Report (July 2021 USDA Grape Crush Report).\17\ 
Because the data in the July 2021 USDA Grape Crush Report reflect the 
total volume of grapes crushed for concentrate, including other 
concentrate products that are not part of the domestic like product, 
the petitioner adjusted the volume reported in the July 2021 USDA Grape 
Crush Report in order to estimate the total volume of grapes crushed 
for WGJC.\18\ The petitioner then compared its own volume of grapes 
crushed for WGJC to the estimated total volume of grapes crushed for 
WGJC in crop year 2020.\19\ We relied on data provided by the 
petitioner for purposes of measuring industry support.\20\
---------------------------------------------------------------------------

    \16\ See Petition at 5 and 9-10; see also Petitioner's Letter, 
``Petition for the Imposition of Antidumping and Countervailing 
Duties: White Grape Juice Concentrate from Argentina,'' dated March 
31, 2022 (Exhibit 10 Declaration); and Updated Declarations at 
Exhibit 10.
    \17\ See Petition at 5-8 and Exhibits 21 and 22.
    \18\ Id. at 5-8 and Exhibits 14 and 22; see also First General 
Issues Supplement at Answer to Question 6; and Updated Declarations 
at Exhibit 14.
    \19\ See Petition at 8-10.
    \20\ Id. at 5-11 and Exhibits 14, 21, and 22; see also Exhibit 
10 Declaration; First General Issues Supplement at 2-4 and Answer to 
Question 6; and Updated Declarations at Exhibits 10 and 14. For 
further discussion, see Attachment II of the AD Initiation 
Checklist.
---------------------------------------------------------------------------

    On April 11, 2022, the Government of Argentina (GOA) raised 
industry support comments during the consultations held regarding the 
CVD Petition.\21\
---------------------------------------------------------------------------

    \21\ See Memorandum, ``Countervailing Duty Petition on Imports 
of White Grape Juice Concentrate from the Republic of Argentina: 
Consultations with Officials from the Government of Argentina,'' 
dated April 20, 2022.
---------------------------------------------------------------------------

    Our review of the data provided in the Petition, Exhibit 10 
Declaration, the First General Issues Supplement, the Updated 
Declarations, and other information readily available to Commerce 
indicates that the petitioner has established industry support for the 
Petition.\22\ First, the Petition established support from domestic 
producers (or workers) accounting for more than 50 percent of the total 
production of the domestic like product and, as such, Commerce is not 
required to take further action in order to evaluate industry support 
(e.g., polling).\23\ Second, the domestic producers (or workers) have 
met the statutory criteria for industry support under section 
732(c)(4)(A)(i) of the Act because the domestic producers (or workers) 
who support the Petition account for at least 25 percent of the total 
production of the domestic like product.\24\ Finally, the domestic 
producers (or workers) have met the statutory criteria for industry 
support under section 732(c)(4)(A)(ii) of the Act

[[Page 24937]]

because the domestic producers (or workers) who support the Petition 
account for more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the Petitions.\25\ Accordingly, Commerce 
determines that the Petition was filed on behalf of the domestic 
industry within the meaning of section 732(b)(1) of the Act.\26\
---------------------------------------------------------------------------

    \22\ See Petition at 5-11 and Exhibits 14 and 22; see also 
Exhibit 10 Declaration; First General Issues Supplement at 3-4; and 
Updated Declarations at Exhibits 10 and 14. For further discussion, 
see Attachment II of the AD Initiation Checklist.
    \23\ See Attachment II of the AD Initiation Checklist; see also 
section 732(c)(4)(D) of the Act.
    \24\ See Attachment II of the AD Initiation Checklist.
    \25\ Id.
    \26\ Id.
---------------------------------------------------------------------------

Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that the U.S. industry producing the 
domestic like product is being materially injured, or is threatened 
with material injury, by reason of the imports of the subject 
merchandise sold at LTFV. In addition, the petitioner alleges that 
subject imports exceed the negligibility threshold provided for under 
section 771(24)(A) of the Act.\27\
---------------------------------------------------------------------------

    \27\ See Petition at 21 and Exhibit 6.
---------------------------------------------------------------------------

    The petitioner contends that the industry's injured condition is 
illustrated by underselling and price suppression; lost sales and 
revenues; decline in the U.S. industry's production over the years; 
inventory carryover into the next crush year; removal of grape vine 
acreage, which impacts the petitioner's ability to operate at full 
capacity; the loss of producers of WGJC and grape growers; and the 
magnitude of the alleged dumping margin.\28\ We assessed the 
allegations and supporting evidence regarding material injury, threat 
of material injury, causation, as well as negligibility, and we have 
determined that these allegations are properly supported by adequate 
evidence, and meet the statutory requirements for initiation.\29\
---------------------------------------------------------------------------

    \28\ Id. at 20-34 and Exhibits 2, 5-8, 13, 23-24, and 32-34; see 
also Exhibit 10 Declaration; Updated Declarations at Exhibits 10 and 
14; First General Issues Supplement at 1-10 and Answer to Question 
17, Supplemental to Exhibits 10 and 33, and Updated Exhibit 10; 
Second General Issues Supplement at 1-6 and Updated Declaration of 
Jeff Bitter, Supplemental Exhibits 1-3, and Updated Supplement to 
Exhibit 10; and Petitioner's Letter, ``Petition for the Imposition 
of Antidumping and Countervailing Duties: White Grape Juice 
Concentrate from Argentina,'' dated April 19, 2022 (Exhibit 37 
Declaration).
    \29\ See AD Initiation Checklist at Attachment III, Analysis of 
Allegations and Evidence of Material Injury and Causation for the 
Antidumping and Countervailing Duty Petitions Covering White Grape 
Juice Concentrate from Argentina.
---------------------------------------------------------------------------

Allegations of Sales at LTFV

    The following is a description of the allegation of sales at LTFV 
upon which Commerce based its decision to initiate this LTFV 
investigation of imports of WGJC from Argentina. The sources of data 
for the deductions and adjustments relating to U.S. price and normal 
value (NV) are discussed in greater detail in the Argentina AD 
Initiation Checklist.

U.S. Price

    The petitioner established export price (EP) based on pricing 
information for a sale, or offer for sale, of WGJC produced in and 
exported from Argentina during the POI. To calculate an ex-factory, net 
U.S. price, the petitioner deducted movement and other expenses.\30\
---------------------------------------------------------------------------

    \30\ See AD Initiation Checklist.
---------------------------------------------------------------------------

Normal Value Based on Constructed Value 31
---------------------------------------------------------------------------

    \31\ In accordance with section 773(b)(2) of the Act, for this 
investigation, Commerce will request information necessary to 
calculate the CV and cost of production (COP) to determine whether 
there are reasonable grounds to believe or suspect that sales of the 
foreign like product have been made at prices that represent less 
than the COP of the product.
---------------------------------------------------------------------------

    The petitioner stated it was unable to obtain home market or third 
country prices for WGJC to use as a basis for NV. Therefore, the 
petitioner calculated NV based on constructed value (CV).\32\
---------------------------------------------------------------------------

    \32\ See AD Initiation Checklist.
---------------------------------------------------------------------------

    Pursuant to section 773(e) of the Act, the petitioner calculated CV 
as the sum of the cost of manufacturing, selling, general, and 
administrative expenses, financial expenses, and profit.\33\ In 
calculating the cost of manufacturing, the petitioner relied on its own 
production experience and input consumption rates as a U.S. WGJC 
producer, valued using publicly available information, where 
applicable.\34\ In calculating selling, general, and administrative 
expenses, the petitioner relied on its own financial statements for the 
year ended June 30, 2021. For the profit ratio, the petitioner relied 
upon the 2020 financial statements of a producer of wine in 
Argentina.\35\
---------------------------------------------------------------------------

    \33\ Id.
    \34\ Id.
    \35\ Id.
---------------------------------------------------------------------------

Fair Value Comparisons

    Based on the data provided by the petitioner, there is reason to 
believe that imports of WGJC from Argentina are being, or are likely to 
be, sold in the United States at LTFV. Based on comparisons of EP to CV 
in accordance with section 773 of the Act, the estimated dumping margin 
for WGJC from Argentina covered by this initiation is 101.26 
percent.\36\
---------------------------------------------------------------------------

    \36\ Id.
---------------------------------------------------------------------------

Initiation of LTFV Investigation

    Based upon the examination of the Petition and supplemental 
responses, we find that they meet the requirements of section 732 of 
the Act. Therefore, we are initiating this LTFV investigation to 
determine whether imports of WGJC from Argentina are being, or are 
likely to be, sold in the United States at LTFV. In accordance with 
section 733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless 
postponed, we will make our preliminary determination no later than 140 
days after the date of this initiation.

Respondent Selection

    In the Petition, the petitioner identified eight companies in 
Argentina as producers and/or exporters of WGJC.\37\ Following standard 
practice in LTFV investigations involving market economy countries, in 
the event that Commerce determines that the number of exporters or 
producers in any individual case is large such that Commerce cannot 
individually examine each company based upon its resources, where 
appropriate, Commerce intends to select mandatory respondents in that 
case based on U.S. Customs and Border Protection (CBP) data for U.S. 
imports under the appropriate Harmonized Tariff Schedule of the United 
States subheadings listed in the ``Scope of the Investigation,'' in the 
appendix to this notice.
---------------------------------------------------------------------------

    \37\ See Petition at 15 and Exhibit 4.
---------------------------------------------------------------------------

    On April 18, 2022, Commerce released CBP data on imports of WGJC 
from Argentina under administrative protective order (APO) to all 
parties with access to information protected by APO, and indicated that 
interested parties wishing to comment on the CBP data must do so within 
three business days after the publication date of the notice of 
initiation of this investigation.\38\ Commerce will not accept rebuttal 
comments regarding the CBP data or respondent selection.
---------------------------------------------------------------------------

    \38\ See Memorandum, ``Release of U.S. Customs and Border 
Protection Data,'' dated April 18, 2022.
---------------------------------------------------------------------------

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305(b). Instructions for filing such 
applications may be found on Commerce's website at https://enforcement.trade.gov/apo.
    Comments on CBP data and respondent selection must be filed 
electronically using ACCESS. An electronically filed document must be 
received successfully in its entirety via ACCESS by 5:00 p.m. ET on the 
specified deadline.

[[Page 24938]]

Distribution of Copies of the Petition

    In accordance with section 732(b)(3)(A) of the Act and 19 CFR 
351.202(f), copies of the public version of the Petition have been 
provided to the GOA via ACCESS. To the extent practicable, we will 
attempt to provide a copy of the public version of the Petition to each 
exporter named in the Petition, as provided under 19 CFR 351.203(c)(2).

ITC Notification

    We will notify the ITC of our initiation, as required by section 
732(d) of the Act.

Preliminary Determination by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petition was filed, whether there is a reasonable 
indication that imports of WGJC from Argentina are materially injuring, 
or threatening material injury to, a U.S. industry.\39\ A negative ITC 
determination will result in the investigation being terminated.\40\ 
Otherwise, this LTFV investigation will proceed according to statutory 
and regulatory time limits.
---------------------------------------------------------------------------

    \39\ See section 733(a) of the Act.
    \40\ Id.
---------------------------------------------------------------------------

Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
Evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by Commerce; and (v) evidence other than factual 
information described in (i)-(iv). Section 351.301(b) of Commerce's 
regulations requires any party, when submitting factual information, to 
specify under which subsection of 19 CFR 351.102(b)(21) the information 
is being submitted \41\ and, if the information is submitted to rebut, 
clarify, or correct factual information already on the record, to 
provide an explanation identifying the information already on the 
record that the factual information seeks to rebut, clarify, or 
correct.\42\ Time limits for the submission of factual information are 
addressed in 19 CFR 351.301, which provides specific time limits based 
on the type of factual information being submitted. Interested parties 
should review the regulations prior to submitting factual information 
in this investigation.
---------------------------------------------------------------------------

    \41\ See 19 CFR 351.301(b).
    \42\ See 19 CFR 351.301(b)(2).
---------------------------------------------------------------------------

Particular Market Situation Allegation

    Section 773(e) of the Act addresses the concept of particular 
market situation (PMS) for purposes of CV, stating that ``if a 
particular market situation exists such that the cost of materials and 
fabrication or other processing of any kind does not accurately reflect 
the cost of production in the ordinary course of trade, the 
administering authority may use another calculation methodology under 
this subtitle or any other calculation methodology.'' When an 
interested party submits a PMS allegation pursuant to section 773(e) of 
the Act, Commerce will respond to such a submission consistent with 19 
CFR 351.301(c)(2)(v). If Commerce finds that a PMS exists under section 
773(e) of the Act, then it will modify its dumping calculations 
appropriately.
    Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v), set 
a deadline for the submission of PMS allegations and supporting factual 
information. However, in order to administer section 773(e) of the Act, 
Commerce must receive PMS allegations and supporting factual 
information with enough time to consider the submission. Thus, should 
an interested party wish to submit a PMS allegation and supporting new 
factual information pursuant to section 773(e) of the Act, it must do 
so no later than 20 days after submission of a respondent's initial 
section D questionnaire response.

Extension of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301, or as 
otherwise specified by Commerce. In general, an extension request will 
be considered untimely if it is filed after the expiration of the time 
limit established under 19 CFR 351.301. For submissions that are due 
from multiple parties simultaneously, an extension request will be 
considered untimely if it is filed after 10:00 a.m. ET on the due date. 
Under certain circumstances, we may elect to specify a different time 
limit by which extension requests will be considered untimely for 
submissions which are due from multiple parties simultaneously. In such 
a case, we will inform parties in a letter or memorandum of the 
deadline (including a specified time) by which extension requests must 
be filed to be considered timely. An extension request must be made in 
a separate, stand-alone submission; under limited circumstances, we 
will grant untimely filed requests for the extension of time limits. 
Parties should review Commerce's regulations concerning factual 
information prior to submitting factual information in this 
investigation.\43\
---------------------------------------------------------------------------

    \43\ See 19 CFR 351.301; see also Extension of Time Limits; 
Final Rule, 78 FR 57790 (September 20, 2013), available at http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
---------------------------------------------------------------------------

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\44\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\45\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
---------------------------------------------------------------------------

    \44\ See section 782(b) of the Act.
    \45\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to 
frequently asked questions regarding the Final Rule are available at 
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
---------------------------------------------------------------------------

Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. Parties wishing to participate 
in this investigation should ensure that they meet the requirements of 
19 CFR 351.103(d) (e.g., by the filing a letter of appearance as 
discussed). Note that Commerce has temporarily modified certain of its 
requirements for serving documents containing business proprietary 
information, until further notice.\46\
---------------------------------------------------------------------------

    \46\ See Temporary Rule.
---------------------------------------------------------------------------

    This notice is issued and published pursuant to sections 732(c)(2) 
and 777(i) of the Act, and 19 CFR 351.203(c).

    Dated: April 20, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Investigation

    The scope of this investigation covers white grape juice 
concentrate with a Brix level of 65 to 68, whether in frozen or non-
frozen forms. White grape juice concentrate is concentrated grape 
juice produced from grapes of the Vitis vinifera L. species with a 
white flesh, including fresh market table grapes and raisin grapes 
(e.g., Thompson Seedless), as well as several varietals of wine 
grapes (e.g., Chardonnay, Chenin Blanc, Sauvignon Blanc, Colombard, 
etc.). The scope of this investigation covers white grape juice 
concentrate regardless of whether it has been certified as kosher, 
organic, or organic

[[Page 24939]]

kosher. The white grape juice concentrate subject to this 
investigation consists of 100 percent grape juice with no other 
types of juice intermixed and no additional sugars or additives 
included.
    The scope does not cover white grape juice concentrate produced 
from grapes of the Vitis labrusca species (e.g., Niagara).
    The products covered by this investigation are currently 
classified under the following Harmonized Tariff Schedule of the 
United States (HTSUS) subheadings: 2009.69.0040 and 2009.69.0060. 
The HTSUS subheadings and specifications are provided for 
convenience and customs purposes; the written description of the 
scope is dispositive.

[FR Doc. 2022-08951 Filed 4-26-22; 8:45 am]
BILLING CODE 3510-DS-P