[Federal Register Volume 87, Number 234 (Wednesday, December 7, 2022)]
[Notices]
[Pages 75066-75067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26521]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-681 and 731-TA-1591 (Final)]


White Grape Juice Concentrate From Argentina; Scheduling of the 
Final Phase of Anti-Dumping and Countervailing Duty Investigations

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping and countervailing duty investigation nos. 
701-TA-681 and 731-TA-1591 (Final) pursuant to the Tariff Act of 1930 
(``the Act'') to determine whether an industry in the United States is 
materially injured or threatened with material injury, or the 
establishment of an industry in the United States is materially 
retarded, by reason of imports of white grape juice concentrate 
(``WGJC'') from Argentina, provided for in subheading 2009.69.00 of the 
Harmonized Tariff Schedule of the United States, preliminarily 
determined by the Department of Commerce (``Commerce'') to be 
subsidized and sold at less-than-fair-value.

DATES: November 3, 2022.

FOR FURTHER INFORMATION CONTACT: Ahdia Bavari ((202) 205-3191), Office 
of Investigations, U.S. International Trade Commission, 500 E Street 
SW, Washington, DC 20436. Hearing-impaired persons can obtain 
information on this matter by contacting the Commission's TDD terminal 
on 202-205-1810. Persons with mobility impairments who will need 
special assistance in gaining access to the Commission should contact 
the Office of the Secretary at 202-205-2000. General information 
concerning the Commission may also be obtained by accessing its 
internet server (https://www.usitc.gov). The public record for these 
investigations may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: 
    Scope.-- For purposes of these investigations, Commerce has defined 
the subject merchandise as ``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.''
    Background.--The final phase of these investigations is being 
scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of 
1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative 
preliminary determinations by Commerce that certain benefits which 
constitute subsidies within the meaning of section 703 of the Act (19 
U.S.C. 1671b) are being provided to manufacturers, producers, or 
exporters in Argentina of WGJC, and that such products are being sold 
in the United States at less than fair value within the meaning of 
section 733 of the Act (19 U.S.C. 1673b). The investigations were 
requested in petitions filed on March 31, 2022 by Delano Growers Grape 
Products, LLC, Delano, California.
    For further information concerning the conduct of this phase of the 
investigations, hearing procedures, and rules of general application, 
consult the Commission's Rules of Practice and Procedure, part 201, 
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19 
CFR part 207).
    Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if 
the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the final phase of these 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in section 201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of the investigations need not file an 
additional notice of appearance during this final phase. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
investigations.
    Please note the Secretary's Office will accept only electronic 
filings during this time. Filings must be made through the Commission's 
Electronic Document Information System (EDIS, https://edis.usitc.gov.) 
No in-person paper-based filings or paper copies of any electronic 
filings will be accepted until further notice.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in the final phase of these investigations 
available to authorized applicants under the APO issued in the

[[Page 75067]]

investigations, provided that the application is made no later than 21 
days prior to the hearing date specified in this notice. Authorized 
applicants must represent interested parties, as defined by 19 U.S.C. 
1677(9), who are parties to the investigations. A party granted access 
to BPI in the preliminary phase of the investigations need not reapply 
for such access. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Staff report.--The prehearing staff report in the final phase of 
these investigations will be placed in the nonpublic record on March 2, 
2023, and a public version will be issued thereafter, pursuant to 
section 207.22 of the Commission's rules.
    Hearing.-- The Commission will hold a hearing in connection with 
the final phase of these investigations beginning at 9:30 a.m. on March 
16, 2023. Information about the place and form of the hearing, 
including about how to participate in and/or view the hearing, will be 
posted on the Commission's website at https://www.usitc.gov/calendarpad/calendar.html. Interested parties should check the 
Commission's website periodically for updates. Requests to appear at 
the hearing should be filed in writing with the Secretary to the 
Commission on or before March 9, 2023. Any requests to appear as a 
witness via videoconference must be included with your request to 
appear. Requests to appear via videoconference must include a statement 
explaining why the witness cannot appear in person; the Chairman, or 
other person designated to conduct the investigations, may in their 
discretion for good cause shown, grant such a request. Requests to 
appear as remote witness due to illness or a positive COVID-19 test 
result may be submitted by 3pm the business day prior to the hearing.
    A nonparty who has testimony that may aid the Commission's 
deliberations may request permission to present a short statement at 
the hearing. All parties and nonparties desiring to appear at the 
hearing and make oral presentations should attend a prehearing 
conference, if deemed necessary, to be held at 9:30 a.m. on March 14, 
2023. Parties shall file and serve written testimony and presentation 
slides in connection with their presentation at the hearing by no later 
than 4:00pm on March 15, 2023. Oral testimony and written materials to 
be submitted at the public hearing are governed by sections 
201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules. Parties 
must submit any request to present a portion of their hearing testimony 
in camera no later than 7 business days prior to the date of the 
hearing.
    Written submissions.--Each party who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of section 207.23 of the Commission's 
rules; the deadline for filing is March 9, 2023. Parties shall also 
file written testimony in connection with their presentation at the 
hearing, and posthearing briefs, which must conform with the provisions 
of section 207.25 of the Commission's rules. The deadline for filing 
posthearing briefs is March 23, 2023. In addition, any person who has 
not entered an appearance as a party to the investigations may submit a 
written statement of information pertinent to the subject of the 
investigations, including statements of support or opposition to the 
petition, on or before March 23, 2023. On April 13, 2023, the 
Commission will make available to parties all information on which they 
have not had an opportunity to comment. Parties may submit final 
comments on this information on or before April 17, 2023, but such 
final comments must not contain new factual information and must 
otherwise comply with section 207.30 of the Commission's rules. All 
written submissions must conform with the provisions of section 201.8 
of the Commission's rules; any submissions that contain BPI must also 
conform with the requirements of sections 201.6, 207.3, and 207.7 of 
the Commission's rules. The Commission's Handbook on Filing Procedures, 
available on the Commission's website at https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf, elaborates upon the 
Commission's procedures with respect to filings.
    Additional written submissions to the Commission, including 
requests pursuant to section 201.12 of the Commission's rules, shall 
not be accepted unless good cause is shown for accepting such 
submissions, or unless the submission is pursuant to a specific request 
by a Commissioner or Commission staff.
    In accordance with sections 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the investigations must be 
served on all other parties to the investigations (as identified by 
either the public or BPI service list), and a certificate of service 
must be timely filed. The Secretary will not accept a document for 
filing without a certificate of service.
    Authority: These investigations are being conducted under authority 
of title VII of the Tariff Act of 1930; this notice is published 
pursuant to section 207.21 of the Commission's rules.

    By order of the Commission.

    Issued: December 1, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-26521 Filed 12-6-22; 8:45 am]
BILLING CODE 7020-02-P