[Federal Register Volume 87, Number 212 (Thursday, November 3, 2022)]
[Notices]
[Pages 66269-66272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23924]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-357-825]


White Grape Juice Concentrate From Argentina: 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 white grape juice concentrate (WGJC) from Argentina is 
being, or is likely to be, sold in the United States at less than fair 
value (LTFV). The period of investigation (POI) is January 1, 2021, 
through December 31, 2021. Interested parties are invited to comment on 
this preliminary determination.

DATES: Applicable November 3, 2022.

FOR FURTHER INFORMATION CONTACT: Myrna Lobo or Jacob Saude, 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 or (202) 482-0981, 
respectively.

[[Page 66270]]


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 April 27, 
2022.\1\ On August 24, 2022, Commerce postponed the preliminary 
determination of this investigation until October 27, 2022. \2\
---------------------------------------------------------------------------

    \1\ See White Grape Juice Concentrate from Argentina: Initiation 
of Less-Than-Fair-Value Investigation, 87 FR 24934 (April 27, 2022) 
(Initiation Notice).
    \2\ See White Grape Juice Concentrate from Argentina: 
Postponement of Preliminary Determination in the Less-Than-Fair-
Value Investigation, 87 FR 51969 (August 24, 2022).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Less-Than-Fair-Value Investigation of White 
Grape Juice Concentrate from Argentina'' dated concurrently with, 
and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The product covered by this investigation is white grape juice 
concentrate from Argentina. 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.\6\
---------------------------------------------------------------------------

    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice.
    \6\ Although Commerce received comments within this deadline 
from Delano Growers Grape Products, LLC (the petitioner), these 
comments did not relate to the scope language published in the 
Initiation Notice. See Petitioner's Letter, ``Petition for the 
Imposition of Antidumping and Countervailing Duties: White Grape 
Juice Concentrate from Argentina,'' dated May 24, 2022.
---------------------------------------------------------------------------

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 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 rates that 
are zero or de minimis, or that are determined entirely under section 
776 of the Act.
    In this investigation, Commerce calculated estimated weighted-
average dumping margins for Cepas Argentinas S.A. (Cepas) and 
Federacion de Cooperativas Vitivinicolas Argentinas Coop. Ltda. 
(Fecovita), the two mandatory respondents, that are not zero, de 
minimis, or based entirely on facts otherwise available. Commerce 
calculated the all-others rate using a weighted average of the 
estimated weighted-average dumping margins calculated for the examined 
respondents using each company's publicly-ranged values for the 
merchandise under consideration.\7\
---------------------------------------------------------------------------

    \7\ 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. sales 
values 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, 53662 
(September 1, 2010), and accompanying Issues and Decision 
Memorandum, at Comment 1; see also Memorandum, ``Calculation of the 
All-Others Rate for the Preliminary Determination,'' dated October 
27, 2022.
---------------------------------------------------------------------------

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                      Cash deposit rate
                              Estimated  weighted-      (adjusted for
      Producer/exporter          average dumping      subsidy offsets)
                                margin (percent)        (percent) \1\
------------------------------------------------------------------------
Cepas Argentinas S.A........                 12.21                  8.50
Federacion de Cooperativas                   27.17                 23.77
 Vitivinicolas Argentinas
 Coop. Ltda \2\.............
All Others..................                 19.43                 15.88
------------------------------------------------------------------------
\1\ In the preliminary determination of the companion countervailing
  duty (CVD) proceeding, Commerce found that certain of the programs
  conferring a benefit to the two mandatory respondents, Cepas and
  Fecovita, were export contingent subsidies. In accordance with section
  772(c)(1)(C) of the Act, we have preliminarily relied on the CVD rates
  of 3.71 and 3.40 percent (i.e., the rates only related to export
  contingent subsidies) calculated for Cepas and Fecovita, respectively,
  as well as the CVD all others rate of 3.55 percent, for purposes of
  determining the preliminary antidumping duty cash deposit rate. See
  White Grape Juice Concentrate from Argentina: Preliminary Affirmative
  Countervailing Duty Determination, 87 FR 54455 (September 6, 2022),
  and accompanying calculation memoranda for Cepas, Fecovita, and all
  others.
\2\ Fecovita is also known as ``Fecovita Coop. Ltd.'' See Memorandum,
  ``Less-Than-Fair-Value Investigation of White Grape Juice Concentrate
  from Argentina: Respondent Selection,'' dated June 7, 2022.


[[Page 66271]]

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 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. Commerce normally adjusts cash 
deposits for estimated antidumping duties by the amount of export 
subsidies countervailed in a companion CVD proceeding, when CVD 
provisional measures are in effect. Accordingly, where Commerce 
preliminarily made an affirmative determination for countervailable 
export subsidies, Commerce has offset the estimated weighted-average 
dumping margin by the appropriate CVD rate. Any such adjusted cash 
deposit rate may be found in the ``Preliminary Determination'' section 
above.
    Should provisional measures in the companion CVD investigation 
expire prior to the expiration of provisional measures in this LTFV 
investigation, Commerce will direct CBP to begin collecting estimated 
antidumping duty cash deposits unadjusted for countervailed export 
subsidies at the time that the provisional CVD measures expire. 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

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than seven 
days after the date on which the last verification report is issued in 
this investigation. Rebuttal briefs, limited to issues raised in case 
briefs, may be submitted no later than seven days after the deadline 
date for case briefs.\8\ 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. Note that Commerce has temporarily modified certain of its 
requirements for serving documents containing business proprietary 
information, until further notice.\9\
---------------------------------------------------------------------------

    \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; Extension of Effective Period,
    85 FR 41363 (July 10, 2020).
---------------------------------------------------------------------------

    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, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and 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 October 14 and 17, 2022, pursuant to 19 CFR 351.210(e), Fecovita 
and Cepas 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 exporters account 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.
---------------------------------------------------------------------------

    \10\ See Fecovita's Letter, ``Antidumping Duty Investigation of 
White Grape Juice Concentrate from Argentina: Request to Extend 
Final Determination,'' dated October 14, 2022; see also Cepas's 
Letter, ``Antidumping Investigation of White Grape Juice Concentrate 
from Argentina: Request for Extension of Deadline for Final 
Determination, In Event of Affirmative Preliminary Determination,'' 
dated October 17, 2022.
---------------------------------------------------------------------------

U.S. International Trade Commission Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the U.S. 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 19 
CFR 351.210(g).


[[Page 66272]]


    Dated: October 27, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I--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 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.

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. Scope Comments
VI. Postponement of Final Determination and Extension of Provisional 
Measures
VII. Affiliation
VIII. Discussion of the Methodology
IX. Currency Conversion
X. Adjustments to Cash Deposit Rates for Export Subsidies in 
Companion Countervailing Duty Investigation
XI. Recommendation

[FR Doc. 2022-23924 Filed 11-2-22; 8:45 am]
BILLING CODE 3510-DS-P