[Federal Register Volume 88, Number 32 (Thursday, February 16, 2023)]
[Notices]
[Pages 10088-10090]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03282]



[[Page 10088]]

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DEPARTMENT OF COMMERCE

International Trade Adminstration

[A-351-858, A-791-827]


Certain Lemon Juice From Brazil and the Republic of South Africa: 
Antidumping Duty Orders

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

SUMMARY: Based on affirmative final determinations by the U.S. 
Department of Commerce (Commerce) and the U.S. International Trade 
Commission (ITC), Commerce is issuing antidumping duty orders on 
certain lemon juice (lemon juice) from Brazil and the Republic of South 
Africa (South Africa).

DATES: Applicable February 16, 2023.

FOR FURTHER INFORMATION CONTACT: Dakota Potts (Brazil) or Elizabeth 
Bremer and Zachary Shaykin (South Africa), 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) 482-0223, (202) 482-4987, or (202) 482-2638, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with sections 735(d) and 777(i) of the Tariff Act of 
1930, as amended (the Act), on December 23, 2022, Commerce published 
its affirmative final determinations in the less-than-fair-value (LTFV) 
investigations of lemon juice from Brazil and South Africa.\1\ On 
February 6, 2023, the ITC notified Commerce of its final 
determinations, pursuant to section 735(d) of the Act, that an industry 
in the United States is materially injured within the meaning of 
section 735(b)(1)(A)(i) of the Act by reason of LTFV imports of lemon 
juice from Brazil and South Africa.\2\
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    \1\ See Certain Lemon Juice from Brazil: Final Affirmative 
Determination of Sales at Less Than Fair Value, 87 FR 78939 
(December 23, 2022); see also Certain Lemon Juice from the Republic 
of South Africa: Final Affirmative Determination of Sales at Less 
Than Fair Value, 87 FR 78928 (December 23, 2023).
    \2\ See ITC's Letter, Investigation Nos. 731-TA-1578-1579 
(Final), dated February 6, 2023; see also Lemon Juice from Brazil 
and South Africa, 88 FR 8912 (February 10, 2023).
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Scope of the Orders

    The product covered by these orders is lemon juice from Brazil and 
South Africa. For a complete description of the scope of the orders, 
see the appendix to this notice.

Antidumping Duty Orders

    Based on the above-referenced affirmative final determinations by 
the ITC that an industry in the United States is materially injured 
within the meaning of section 735(b)(1)(A)(i) of the Act by reason of 
LTFV imports of lemon juice from Brazil and South Africa,\3\ in 
accordance with sections 735(c)(2) and 736 of the Act, Commerce is 
issuing these antidumping duty orders. Moreover, because the ITC 
determined that imports of lemon juice from Brazil and South Africa are 
materially injuring a U.S. industry, unliquidated entries of such 
merchandise from Brazil and South Africa, entered or withdrawn from 
warehouse for consumption, are subject to the assessment of antidumping 
duties.
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    \3\ Id.
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    Therefore, in accordance with section 736(a)(1) of the Act, 
Commerce will direct U.S. Customs and Border Protection (CBP) to 
assess, upon further instruction by Commerce, antidumping duties equal 
to the amount by which the normal value of the merchandise exceeds the 
export price (or constructed export price) of the merchandise, for all 
relevant entries of lemon juice from Brazil and South Africa. With the 
exception of entries occurring after the expiration of the provisional 
measures period and before publication of the ITC's final affirmative 
injury determinations, as further described below, antidumping duties 
will be assessed on unliquidated entries of lemon juice from Brazil and 
South Africa entered, or withdrawn from warehouse, for consumption, on 
or after August 4, 2022, the date of publication of the Preliminary 
Determinations in the Federal Register.\4\
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    \4\ See Certain Lemon Juice from Brazil: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value, Postponement of 
Final Determination, and Extension of Provisional Measures, 87 FR 
47697 (August 4, 2022) (Brazil Preliminary Determination); see also 
Certain Lemon Juice from the Republic of South Africa: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, 87 FR 
47707 (August 4, 2022) (South Africa Preliminary Determination); and 
Certain Lemon Juice from the Republic of South Africa: Postponement 
of Final Determination and Extension of Provisional Measures, 87 FR 
56631 (September 15, 2022) (South Africa Postponement Notice).
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Continuation of Suspension of Liquidation and Cash Deposits

    Except as noted in the ``Provisional Measures'' section of this 
notice, in accordance with section 736 of the Act, Commerce will 
instruct CBP to continue to suspend liquidation on all relevant entries 
of lemon juice from Brazil and South Africa. These instructions 
suspending liquidation will remain in effect until further notice.
    Commerce will also instruct CBP to require cash deposits equal to 
the amounts indicated below. Accordingly, effective on the date of 
publication in the Federal Register of the notice of the ITC's final 
affirmative injury determination, CBP will require, at the same time as 
importers would normally deposit estimated duties on this subject 
merchandise, a cash deposit equal to the cash deposit rates listed in 
the table below. The all-others rate applies to all producers or 
exporters not specifically listed, as appropriate.

Estimated Weighted-Average Dumping Margins

    The estimated weighted-average dumping margins are as follows:

Brazil

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
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Citrus Juice Eireli.........................................       22.31
Louis Dreyfus Company Sucos S.A.............................    \5\ 0.00
All Others..................................................       22.31
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South Africa
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    \5\ Merchandise produced and exported by Louis Dreyfus Company 
Sucos S.A. (LDC) is excluded from the Brazil order. This exclusion 
does not apply to merchandise produced by LDC and exported by any 
other company or merchandise produced by any other company and 
exported by LDC. Resellers of merchandise produced by LDC are also 
not entitled to this exclusion.

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Cape Fruit Processors Pty. Ltd..............................       47.89
Granor Passi (Pty.) Ltd.....................................       73.69
All Others..................................................       47.89
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Provisional Measures

    Section 733(d) of the Act states that suspension of liquidation 
pursuant to an affirmative preliminary determination may not remain in 
effect for more than four months, except where exporters representing a 
significant proportion of exports of the subject merchandise request 
that Commerce extend the four-month period to no more than six months. 
At the request of exporters that account for a significant proportion 
of exports of lemon juice from Brazil and South Africa, Commerce 
extended the four-month period to six months in

[[Page 10089]]

these investigations.\6\ Commerce published the Preliminary 
Determinations on August 4, 2022.\7\
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    \6\ See Brazil Preliminary Determination; see also South Africa 
Postponement Notice.
    \7\ See Brazil Preliminary Determination; see also South Africa 
Preliminary Determination.
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    The extended provisional measures period, beginning on the date of 
publication of the Preliminary Determinations, ended on January 30, 
2023. Therefore, in accordance with section 733(d) of the Act and our 
practice,\8\ Commerce will instruct CBP to terminate the suspension of 
liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of lemon juice from Brazil and South Africa 
entered, or withdrawn from warehouse, for consumption after January 30, 
2023, the final day on which the provisional measures were in effect, 
until and through the day preceding the date of publication of the 
ITC's final affirmative injury determinations in the Federal Register. 
Suspension of liquidation and the collection of cash deposits will 
resume on the date of publication of the ITC's final determinations in 
the Federal Register.
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    \8\ See, e.g., Certain Corrosion-Resistant Steel Products from 
India, the People's Republic of China, the Republic of Korea and 
Taiwan: Amended Final Affirmative Antidumping Determination for 
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390, 48392 
(July 25, 2016).
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Establishment of the Annual Inquiry Service Lists

    On September 20, 2021, Commerce published the final rule titled 
``Regulations to Improve Administration and Enforcement of Antidumping 
and Countervailing Duty Laws'' in the Federal Register.\9\ On September 
27, 2021, Commerce also published the notice titled ``Scope Ruling 
Application; Annual Inquiry Service List; and Informational Sessions'' 
in the Federal Register.\10\ The Final Rule and Procedural Guidance 
provide that Commerce will maintain an annual inquiry service list for 
each order or suspended investigation, and any interested party 
submitting a scope ruling application or request for circumvention 
inquiry shall serve a copy of the application or request on the persons 
on the annual inquiry service list for that order, as well as any 
companion order covering the same merchandise from the same country of 
origin.\11\
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    \9\ See Regulations to Improve Administration and Enforcement of 
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20, 
2021) (Final Rule).
    \10\ See Scope Ruling Application; Annual Inquiry Service List; 
and Informational Sessions, 86 FR 53205 (September 27, 2021) 
(Procedural Guidance).
    \11\ Id.
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    In accordance with the Procedural Guidance, for orders published in 
the Federal Register after November 4, 2021, Commerce will create an 
annual inquiry service list segment in Commerce's online e-filing and 
document management system, Antidumping and Countervailing Duty 
Electronic Service System (ACCESS), available at https://access.trade.gov, within five business days of publication of the 
notice of the order. Each annual inquiry service list will be saved in 
ACCESS, under each case number, and under a specific segment type 
called ``AISL-Annual Inquiry Service List.'' \12\
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    \12\ This segment will be combined with the ACCESS Segment 
Specific Information (SSI) field which will display the month in 
which the notice of the order or suspended investigation was 
published in the Federal Register, also known as the anniversary 
month. For example, for an order under case number A-000-000 that 
was published in the Federal Register in January, the relevant 
segment and SSI combination will appear in ACCESS as ``AISL-January 
Anniversary.'' Note that there will be only one annual inquiry 
service list segment per case number, and the anniversary month will 
be pre-populated in ACCESS.
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    Interested parties who wish to be added to the annual inquiry 
service list for an order must submit an entry of appearance to the 
annual inquiry service list segment for the order in ACCESS within 30 
days after the date of publication of the order. For ease of 
administration, Commerce requests that law firms with more than one 
attorney representing interested parties in an order designate a lead 
attorney to be included on the annual inquiry service list. Commerce 
will finalize the annual inquiry service list within five business days 
thereafter. As mentioned in the Procedural Guidance, the new annual 
inquiry service list will be in place until the following year, when 
the Opportunity Notice for the anniversary month of the order is 
published.
    Commerce may update an annual inquiry service list at any time as 
needed based on interested parties' amendments to their entries of 
appearance to remove or otherwise modify their list of members and 
representatives, or to update contact information. Any changes or 
announcements pertaining to these procedures will be posted to the 
ACCESS website at https://access.trade.gov.

Special Instructions for Petitioners and Foreign Governments

    In the Final Rule, Commerce stated that, ``after an initial request 
and placement on the annual inquiry service list, both petitioners and 
foreign governments will automatically be placed on the annual inquiry 
service list in the years that follow.'' \13\ Accordingly, as stated 
above, the petitioners and foreign governments should submit their 
initial entry of appearance after publication of this notice in order 
to appear in the first annual inquiry service list. Pursuant to 19 CFR 
351.225(n)(3), the petitioners and foreign governments will not need to 
resubmit their entries of appearance each year to continue to be 
included on the annual inquiry service list. However, the petitioners 
and foreign governments are responsible for making amendments to their 
entries of appearance during the annual update to the annual inquiry 
service list in accordance with the procedures described above.
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    \13\ See Final Rule, 86 FR at 52335.
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Notification to Interested Parties

    This notice constitutes the antidumping duty orders with respect to 
lemon juice from Brazil and South Africa pursuant to section 736(a) of 
the Act. Interested parties can find a list of antidumping duty orders 
currently in effect at https://www.trade.gov/data-visualization/adcvd-proceedings.
    These orders are published in accordance with section 736(a) of the 
Act and 19 CFR 351.211(b).

    Dated: February 10, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Orders

    The product covered by these orders 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,

[[Page 10090]]

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 these orders. Only 
the subject lemon juice component of such blended merchandise is 
covered by the scope of these orders. Blended lemon juice is defined 
as certain lemon juice with two distinct component parts of 
differing country(s) of origin mixed together to form certain lemon 
juice where the component parts are no longer individually 
distinguishable.
    The product subject to these orders 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 these orders is dispositive.

[FR Doc. 2023-03282 Filed 2-15-23; 8:45 am]
BILLING CODE 3510-DS-P