[Federal Register Volume 87, Number 149 (Thursday, August 4, 2022)]
[Notices]
[Pages 47697-47699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16640]



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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-858]


Certain Lemon Juice From Brazil: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value, Postponement of Final 
Determination, and Extension of Provisional Measures

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that certain lemon juice (lemon juice) from Brazil is being, 
or is likely to be, sold in the United States at less than fair value 
(LTFV). The period of investigation (POI) is October 1, 2020, through 
September 30, 2021. Interested parties are invited to comment on this 
preliminary determination.

DATES: Applicable August 4, 2022.

FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian or Dakota Potts, 
AD/CVD Operations, Office IV, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-6412 or (202) 
482-0223, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on January 25, 
2022.\1\ On May 19, 2022, Commerce postponed the preliminary 
determination of this investigation and the revised deadline is now 
July 28, 2022.\2\ For a complete description of the events that 
followed the initiation of this investigation, see the Preliminary 
Decision Memorandum.\3\ A list of topics included in the Preliminary 
Decision Memorandum is included as Appendix II to this notice. The 
Preliminary 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. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \1\ See Lemon Juice from Brazil and South Africa: Initiation of 
Less-Than-Fair-Value Investigations, 87 FR 3768 (January 25, 2022) 
(Initiation Notice).
    \2\ See Certain Lemon Juice from Brazil and the Republic of 
South Africa: Postponement of Preliminary Determinations in the 
Less-Than-Fair-Value Investigations, 87 FR 30452 (May 19, 2022).
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Affirmative Determination in the Less-Than-Fair-Value Investigation 
of Certain Lemon Juice from Brazil,'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Investigation

    The product covered by this investigation is lemon juice from 
Brazil. For a complete description of the scope of this investigation, 
see Appendix I.

Scope Comments

    In accordance with the preamble to Commerce's regulations,\4\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\5\ No interested party 
commented on the scope of the investigation as it appeared in the 
Initiation Notice. Commerce is not preliminarily modifying the scope 
language as it appeared in the Initiation Notice. See the scope in 
Appendix I to this notice.
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    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice.
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Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Commerce has calculated export prices in 
accordance with section 772(a) of the Act. Constructed export prices 
have been calculated in accordance with section 772(b) of the Act. 
Normal value (NV) is calculated in accordance with section 773 of the 
Act. For a full description of the methodology underlying the 
preliminary determination, see the Preliminary Decision Memorandum.

All-Others Rate

    Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in 
the preliminary determination Commerce shall determine an estimated 
all-others rate for all exporters and producers not individually 
examined. This rate shall be an amount equal to the weighted average of 
the estimated weighted-average dumping margins established for 
exporters and producers individually investigated, excluding any zero 
and de minimis margins, and any margins determined entirely under 
section 776 of the Act.
    In this investigation, Commerce calculated estimated weighted-
average dumping margins for the mandatory respondents, Citrus Juice 
Eireli (Citrus Juice) and Louis Dreyfus Company Sucos S.A. (LDC), that 
are not zero, de minimis, or based entirely on facts otherwise 
available. Commerce calculated the all-others rate by applying a simple 
average of the estimated weighted-average dumping margins that it 
calculated for the individually examined respondents.\6\
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    \6\ With two respondents under examination, Commerce normally 
calculates (A) a weighted-average of the estimated weighted-average 
dumping margins calculated for the examined respondents; (B) a 
simple average of the estimated weighted-average dumping margins 
calculated for the examined respondents; and (C) a weighted-average 
of the estimated weighted-average dumping margins calculated for the 
examined respondents using each company's publicly-ranged U.S. sale 
quantities for the merchandise under consideration. Commerce then 
compares (B) and (C) to (A) and selects the rate closest to (A) as 
the most appropriate rate for all other producers and exporters. See 
Ball Bearings and Parts Thereof from France, Germany, Italy, Japan, 
and the United Kingdom: Final Results of Antidumping Duty 
Administrative Reviews, Final Results of Changed-Circumstances 
Review, and Revocation of an Order in Part, 75 FR 53661, 53663 
(September 1, 2010). As complete publicly ranged sales data was 
unavailable, Commerce based the all-others rate on the simple 
average of the estimated weighted-average dumping margins of the 
mandatory respondents. For a complete analysis of the data, please 
see the All-Others Rate Calculation Memorandum.
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Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist:
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    \7\ Commerce preliminarily determines that Citrus Juice Eireli 
and Sucos Kiki Eireli are a single entity. See Preliminary Decision 
Memorandum; see also Memorandum, ``Analysis Memorandum for the 
Preliminary Determination in the Less-Than-Fair-Value Investigation 
of Certain Lemon Juice from Brazil: Citrus Juice Eireli,'' dated 
July 28, 2022.

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/Producer                         dumping
                                                                margin
                                                               (percent)
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Citrus Juice Eireli \7\.....................................       21.49
Louis Dreyfus Company Sucos S.A.............................        4.45
All Others..................................................       12.97
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Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, Commerce will 
direct U.S. Customs and Border Protection (CBP) to suspend liquidation 
of entries of subject merchandise, as described in Appendix I, entered, 
or withdrawn from warehouse, for consumption on or after the date of 
publication of this notice in the Federal Register. Further, pursuant 
to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will 
instruct CBP to require a cash deposit equal to the estimated weighted-
average dumping margin or the estimated all-others rate, as follows: 
(1) the cash

[[Page 47698]]

deposit rate for the respondents listed above will be equal to the 
company-specific estimated weighted-average dumping margins determined 
in this preliminary determination; (2) if the exporter is not a 
respondent identified above, but the producer is, then the cash deposit 
rate will be equal to the company-specific estimated weighted-average 
dumping margin established for that producer of the subject 
merchandise; and (3) the cash deposit rate for all other producers and 
exporters will be equal to the all-others estimated weighted-average 
dumping margin.
    Should the final estimated weighted-average dumping margin be zero 
or de minimis for the producer/exporter combinations identified above, 
entries of shipments of subject merchandise from these producer/
exporter combinations will be excluded from the potential antidumping 
duty order. Such exclusions are not applicable to merchandise exported 
to the United States by these respondents in any other producer/
exporter combinations or by third parties that sourced subject 
merchandise from the excluded producer/exporter combinations. These 
suspension of liquidation instructions will remain in effect until 
further notice.

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this preliminary determination 
within five days of any public announcement or, if there is no public 
announcement, within five days of the date of publication of this 
notice in accordance with 19 CFR 351.224(b).

Verification

    As provided in section 782(i)(1) of the Act, Commerce intends to 
verify the information relied upon in making its final determination.

Public Comment

    A timeline for the submission of case briefs and written comments 
will be notified to interested parties at a later date. Rebuttal 
briefs, limited to issues raised in case briefs, may be submitted no 
later than seven days after the deadline for case briefs.\8\ Note that 
Commerce has temporarily modified certain of its requirements for 
serving documents containing business proprietary information, until 
further notice.\9\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties 
who submit case briefs or rebuttal briefs in this investigation are 
encouraged to submit with each argument: (1) a statement of the issue; 
(2) a brief summary of the argument; and (3) a table of authorities.
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    \8\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
    \9\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19, 85 FR 17006 (March 26, 2020); and Temporary Rule 
Modifying AD/CVD Service Requirements Due to COVID-19; Extension of 
Effective Period, 85 FR 41363 (July 10, 2020).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance within 30 days after the date of publication 
of this notice. Requests should contain (1) the party's name, address, 
and telephone number; (2) the number of participants; (3) whether any 
participant is a foreign national; and (4) a list of the issues to be 
discussed. If a request for a hearing is made, Commerce intends to hold 
the hearing at a time and date to be determined. Parties should confirm 
by telephone the date, time, and location of the hearing two days 
before the scheduled date.

Postponement of Final Determination and Extension of Provisional 
Measures

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such postponement 
is made by exporters who account for a significant proportion of 
exports of the subject merchandise, or in the event of a negative 
preliminary determination, a request for such postponement is made by 
the petitioner. Section 351.210(e)(2) of Commerce's regulations 
requires that a request by exporters for postponement of the final 
determination be accompanied by a request for extension of provisional 
measures from a four-month period to a period not more than six months 
in duration.
    On July 21, 2022, pursuant to 19 CFR 351.210(e), Citrus Juice 
requested that Commerce postpone the final determination and that 
provisional measures be extended to a period not to exceed six 
months.\10\ In accordance with section 735(a)(2)(A) of the Act and 19 
CFR 351.210(b)(2)(ii), because: (1) the preliminary determination is 
affirmative; (2) the requesting exporter accounts for a significant 
proportion of exports of the subject merchandise; and (3) no compelling 
reasons for denial exist, Commerce is postponing the final 
determination and extending the provisional measures from a four-month 
period to a period not greater than six months. Accordingly, Commerce 
will make its final determination no later than 135 days after the date 
of publication of this preliminary determination.
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    \10\ See Citrus Juice's Letter, ``Lemon Juice from Brazil: 
Request for Postponement of Final Antidumping Determination,'' dated 
July 21, 2022.
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International Trade Commission Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its preliminary 
determination. If the final determination is affirmative, the ITC will 
determine before the later of 120 days after the date of this 
preliminary determination or 45 days after the final determination 
whether these imports are materially injuring, or threaten material 
injury to, the U.S. industry.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c) and 9 
CFR 351.210(g).

    Dated: July 28, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I--Scope of the Investigation

    The product covered by this investigation is certain lemon 
juice. Lemon juice is covered: (1) with or without addition of 
preservatives, sugar, or other sweeteners; (2) regardless of the GPL 
(grams per liter of citric acid) level of concentration, brix level, 
brix/acid ratio, pulp content, clarity; (3) regardless of the grade, 
horticulture method (e.g., organic or not), processed form (e.g., 
frozen or not-from-concentrate), the size of the container in which 
packed, or the method of packing; and (4) regardless of the U.S. 
Department of Agriculture Food and Drug Administration (FDA) 
standard of identity (as defined under 19 CFR 146.114 et seq.) 
(i.e., whether or not the lemon juice meets an FDA standard of 
identity).
    Excluded from the scope are: (1) lemon juice at any level of 
concentration packed in retail-sized containers ready for sale to 
consumers; and (2) beverage products, such as lemonade, that contain 
20 percent or less lemon juice as an ingredient by actual volume. 
``Retail-sized containers'' are defined as lemon juice products sold 
in ready-for-sale packaging (e.g., clearly visible branding, 
nutritional facts listed, etc.) containing up to 128 ounces of lemon 
juice by actual volume.
    The scope also includes certain lemon juice that is blended with 
certain lemon juice from sources not subject to this investigation. 
Only the subject lemon juice component of such blended merchandise 
is covered by the scope of this investigation. Blended lemon juice 
is defined as certain lemon juice with two distinct component parts 
of differing

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country(s) of origin mixed together to form certain lemon juice 
where the component parts are no longer individually 
distinguishable.
    The product subject to this investigation is currently 
classifiable under subheadings 2009.31.4000, 2009.31.6020, 
2009.31.6040, 2009.39.6020, and 2009.39.6040 of the Harmonized 
Tariff Schedule of the United States (HTSUS). Although the HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description of the scope of this investigation is 
dispositive.

Appendix II--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Postponement of Final Determination and Extension of Provisional 
Measures
VI. Affiliation/Single Entity
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation

[FR Doc. 2022-16640 Filed 8-3-22; 8:45 am]
BILLING CODE 3510-DS-P