[Federal Register Volume 88, Number 57 (Friday, March 24, 2023)]
[Notices]
[Pages 17808-17813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06123]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-357-825]
White Grape Juice Concentrate From Argentina: Suspension of
Antidumping Duty Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) has suspended the
antidumping duty investigation on white grape juice concentrate (WGJC)
from Argentina. The basis for this action is an agreement between
Commerce and signatory producers/exporters accounting for substantially
all imports of WGJC from Argentina, wherein each signatory producer/
exporter has agreed to revise its prices to eliminate completely the
injurious effects of exports of the subject merchandise to the United
States.
DATES: Applicable March 17, 2023.
FOR FURTHER INFORMATION CONTACT: Sally C. Gannon or David Cordell,
Bilateral Agreements Unit, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-0162 or (202)
482-0408, respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 20, 2022, Commerce initiated an antidumping duty
investigation under section 732 of the Tariff Act of 1930, as amended
(the Act), to determine whether imports of WGCJ from Argentina are
being, or are likely to be, sold in the United States at less than fair
value (LTFV).\1\ On May 16, 2022, the U.S. International Trade
Commission (ITC) notified Commerce of its affirmative preliminary
injury determination. On November 3, 2022, Commerce preliminarily
determined that WGCJ from Argentina is being, or is likely to be, sold
in the United States at LTFV, as provided in section 733 of the Act,
and postponed the final determination in the investigation until no
later than 135 days after the date of publication of the Preliminary
Determination in the Federal Register.\2\
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\1\ See White Grape Juice Concentrate from Argentina: Initiation
of Less-Than-Fair-Value Investigation, 87 FR 24934 (April 27, 2022).
\2\ See 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, 87 FR 66269 (November 3, 2022) (Preliminary
Determination).
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On December 21, 2022, Commerce issued a letter that formally opened
consultations with Federaci[oacute]n de Cooperativas Vitivinicolas
Argentinas Coop. Ltda (Fecovita) and any other producers/exporters of
WGJC from Argentina with respect to a possible antidumping duty
suspension agreement under section 734(c) of the Act.\3\ Since that
time, Commerce has continued to negotiate with representatives of the
Argentine producers/exporters and, in parallel, has continually
consulted with the petitioner, Delano Growers Grape Products.
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\3\ See Commerce's Letter, ``Consultations on Potential
Agreement Suspending the Antidumping Duty (AD) Investigation on
White Grape Juice Concentrate from Argentina,'' dated December 21,
2022.
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On February 13, 2023, Commerce and representatives of certain
producers/exporters initialed a proposed agreement to suspend the
antidumping duty investigation on WGJC from Argentina. Consistent with
section 734(e) of the Act, Commerce notified the petitioner and the
other parties, released the initialed draft agreement to the interested
parties, and invited interested parties to provide written comments on
the draft suspension agreement by no later than the close of business
on March 13, 2023.\4\ Consistent with 734(e)(1) of the Act, Commerce
consulted with the petitioner concerning its intention to suspend the
antidumping duty investigation on WGJC from Argentina. Commerce also
notified the ITC of the proposed agreement,\5\ consistent with
734(e)(1) of the Act, and released a draft statutory memorandum
explaining how the agreement will be implemented and enforced, and how
the agreement will meet the applicable statutory requirements,
consistent with section 734(e)(2) of the Act.\6\ Commerce received
comments from the petitioner and the mandatory respondents, Fecovita
and Cepas Argentinas S.A. (Cepas), by the March 13, 2023, deadline.\7\
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\4\ See Commerce's Letter, ``Draft Agreement Suspending the
Antidumping Duty Investigation on White Grape Juice Concentrate from
Argentina,'' dated February 13, 2023.
\5\ See Commerce's Letter, ``Initialed Draft Suspension
Agreements,'' dated February 14, 2023.
\6\ See Commerce's Letter, ``Draft Agreement Suspending the
Antidumping Duty Investigation on White Grape Juice Concentrate from
Argentina: Assessment of Statutory Requirements Memorandum,'' dated
February 14, 2023.
\7\ See Petitioner's Letter, ``Comments in support of the
Suspension Agreements in the Anti-dumping and Countervailing duty of
White Grape Juice Concentrate (WGJC) from Argentina,'' dated March
13, 2023; see also Cepas and Fecovita's Letter, ``Comments on Draft
Suspension Agreements on Behalf of Exporters of White Grape Juice
Concentrate from Argentina,'' dated March 13, 2023.
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On March 17, 2023, Commerce and representatives of the signatory
producers/exporters accounting for substantially all imports of WGJC
from Argentina signed the Agreement Suspending the Antidumping Duty
Investigation on White Grape Juice Concentrate from Argentina (AD
Agreement), attached hereto.
Scope of Agreement
See Section I, Product Coverage, of the AD Agreement.
[[Page 17809]]
Suspension of Investigation
Commerce consulted with the Argentine WGJC producers/exporters and
the petitioner and has considered the comments submitted by interested
parties with respect to the draft suspension agreement. In accordance
with section 734(c) of the Act, we have determined that extraordinary
circumstances are present in this case, as defined by section 734(c)(2)
of the Act.
The AD Agreement provides that, in accordance with 734(c)(1) of the
Act, the subject merchandise will be sold at or above the established
reference price and, for each entry of each exporter, the amount by
which the estimated normal value exceeds the export price (or the
constructed export price) will not exceed 15 percent of the weighted-
average amount by which the estimated normal value exceeded the export
price (or the constructed export price) for all less-than-fair-value
entries of the producer/exporter examined during the course of the
investigation. We have determined that the AD Agreement will eliminate
completely the injurious effect of exports to the United States of the
subject merchandise and prevent the suppression or undercutting of
price levels of domestic WGJC by imports of that merchandise from
Argentina, as required by section 734(c)(1) of the Act. We have also
determined that the AD Agreement is in the public interest and can be
monitored effectively, as required under section 734(d) of the Act.
For the reasons outlined above, we find that the AD Agreement meets
the criteria of section 734(c) and (d) of the Act.
The AD Agreement, signed March 17, 2023, is attached to this
notice.
International Trade Commission
In accordance with section 734(f) of the Act, Commerce has notified
the ITC of the AD Agreement.
Suspension of Liquidation
The suspension of liquidation ordered in the Preliminary
Determination shall continue to be in effect, subject to section
734(h)(3) of the Act.\8\ Section 734(f)(2)(B) of the Act provides that
Commerce may adjust the security required to reflect the effect of the
AD Agreement. Commerce has found that the AD Agreement eliminates
completely the injurious effects of imports and, thus, Commerce is
adjusting the security required from signatory producers/exporters to
zero. The security rates in effect for imports from any non-signatory
producers/exporters remain as published in the Preliminary
Determination. If there is no request for review of suspension under
section 734(h) of the Act, or if the ITC conducts such a review and
finds that the injurious effect of imports of the subject merchandise
is eliminated completely by the AD Agreement, Commerce will terminate
the suspension of liquidation of all entries of WGJC from Argentina and
refund any cash deposits collected on entries of WGJC from Argentina
consistent with section 734(h)(3) of the Act.
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\8\ See Preliminary Determination, 87 FR at 66271.
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Notwithstanding the AD Agreement, Commerce will continue the
investigation if it receives such a request within 20 days after the
date of publication of this notice in the Federal Register, in
accordance with section 734(g) of the Act. Pursuant to Section III of
the AD Agreement, if Argentine producers/exporters accounting for a
significant proportion of exports of WGJC from Argentina request
continuation of the antidumping duty investigation, Commerce retains
the right to modify or terminate this AD Agreement. Commerce may also
modify or terminate the AD Agreement if the Government of Argentina
requests continuation of the countervailing duty investigation on WGJC
from Argentina.
Administrative Protective Order Access
The Administrative Protective Order (APO) Commerce granted in the
investigation segment of this proceeding remains in place. While the
investigation is suspended, parties subject to the APO may retain, but
may not use, information received under that APO. All parties wishing
access to business proprietary information submitted during the
administration of the AD Agreement must submit new APO applications in
accordance with Commerce's regulations currently in effect.\9\ An APO
for the administration of the AD Agreement will be placed on the record
within five days of the date of publication of this notice in the
Federal Register.
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\9\ See section 777(c)(1) of the Act; see also 19 CFR 351.103,
351.304, 351.305, and 351.306.
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We are issuing and publishing this notice in accordance with
section 734(f)(1)(A) of the Act and 19 CFR 351.208(g)(2).
Dated: March 17, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Agreement Suspending the Antidumping Duty Investigation on White Grape
Juice Concentrate From Argentina
Pursuant to the requirements of section 734(c) of the Tariff Act of
1930, as amended (the Act) and 19 CFR 351.208, and in satisfaction of
the requirements of those provisions, the U.S. Department of Commerce
(Commerce) and the signatory producers and exporters of White Grape
Juice Concentrate (WGJC) from Argentina (collectively, the Signatories)
enter into this agreement suspending the antidumping duty investigation
on WGJC from Argentina (AD Agreement).
I. Product Coverage
The merchandise covered by this AD Agreement is WGJC with a Brix
level of 65 to 68, whether in frozen or non-frozen forms. WGJC 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 AD Agreement covers WGJC regardless
of whether it has been certified as kosher, organic, or organic kosher.
The WGJC subject to this AD Agreement 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 WGJC produced from
grapes of the Vitis labrusca species (e.g., Niagara). The products
covered by this AD Agreement 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.
II. Definitions
For purposes of the AD Agreement, the following definitions apply:
A. ``Adjustment Mechanism'' is the means by which the Reference
Price(s) may change as described in Appendix I.
B. ``Anniversary Month'' means the month in which the AD Agreement
becomes effective.
C. ``Argentina'' means the customs territory of Argentina and
foreign trade
[[Page 17810]]
zones located within the territory of Argentina.
D. ``Consignment Sales'' means arrangements in which a seller
(``consignor'') exports goods to an entity (``consignee'') in the
United States, which takes custody and holds the goods without taking
title to the goods. The consignee then either purchases the goods or
sells the goods to a third party. The sale is considered to occur at
the time at which the purchase (either by the consignee or the third
party) occurs. The goods are not sold to the consignee or to the third-
party buyer until after importation into the United States.
E. ``Date of Export'' means the date on which the product is
exported from Argentina to the United States.
F. ``Effective Date'' means the date on which Commerce and the
Signatories sign the AD Agreement.
G. Quarter--means the relevant calendar quarter, consistent with
the following schedule:
[cir] First Quarter--April 1-June 30
[cir] Second Quarter--July 1-September 30
[cir] Third Quarter--October 1-December 31
[cir] Fourth Quarter--January 1-March 31
H. ``Interested Party'' means any person or entity that meets the
definitions provided in section 771(9) of the Act.
I. ``Reference Price'' means the minimum price at which merchandise
subject to this AD Agreement can be sold in the United States.
J. ``Substantially all'' of the subject merchandise means not less
than 85 percent by value or volume.
K. ``United States'' means the customs territory of the United
States of America (the 50 States, the District of Columbia, and Puerto
Rico) and foreign trade zones located within the territory of the
United States.
L. ``Violation'' means noncompliance with the terms of the AD
Agreement, whether through an act or omission, except for noncompliance
that is inconsequential or inadvertent and does not materially
frustrate the purposes of the AD Agreement.
M. ``White Grape Juice Concentrate,'' or ``WGJC,'' means the
product described in Section I, ``Product Coverage,'' of the AD
Agreement.
Any term or phrase not defined by this section shall be defined
using either a definition provided in the Act for that term or phrase,
or the plain meaning of that term, as appropriate.
III. Suspension of Investigation
As of the Effective Date, in accordance with section 734(c) of the
Act and 19 CFR 351.208, Commerce will suspend its antidumping duty
investigation on WGJC from Argentina initiated on April 20, 2022,
subject to the terms and provisions set out below.\10\
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\10\ See White Grape Juice Concentrate from Argentina:
Initiation of Less-Than-Fair-Value Investigation, 87 FR 24934 (April
27, 2022).
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The Argentine producers/exporters of WGJC from Argentina and the
Government of Argentina have indicated they will not exercise the right
to request continuation of the antidumping duty or countervailing duty
investigations, respectively, on WGJC from Argentina. If Argentine
producers/exporters accounting for a significant proportion of exports
of WGJC from Argentina request continuation of the antidumping duty
investigation, Commerce retains the right to modify or terminate this
AD Agreement. Commerce may also modify or terminate the AD Agreement if
the Government of Argentina requests continuation of the countervailing
duty investigation on WGJC from Argentina.
IV. U.S. Import Coverage
In accordance with section 734(c)(1) of the Act, the Signatories
are the producers and exporters in Argentina which account for
substantially all of the subject merchandise imported into the United
States, within the meaning of 19 CFR 351.208(c). Commerce may at any
time during the period of the AD Agreement require additional
producers/exporters in Argentina to accede to the AD Agreement to
ensure that not less than substantially all imports into the United
States are subject to this AD Agreement.
V. Statutory Conditions for the AD Agreement
In accordance with section 734(c)(2) of the Act, Commerce has
determined that extraordinary circumstances are present in this
investigation because the suspension of the investigation will be more
beneficial to the domestic industry than the continuation of the
investigation and the investigation is complex.
In accordance with section 734(d) of the Act, Commerce has
determined that the suspension of the investigation is in the public
interest and that effective monitoring of the AD Agreement by the
United States is practicable. Section 734(a)(2)(B) of the Act provides
that the public interest includes the relative impact on consumer
prices and the availability of supplies of the merchandise, the
relative impact on the international economic interests of the United
States, and the relative impact on the competitiveness of the domestic
industry producing the like merchandise, including any such impact on
employment and investment in that industry. Accordingly, if a domestic
producer requests an administrative review of the status of, and
compliance with, the AD Agreement, Commerce will take these factors
into account in conducting that review. If Commerce finds that the AD
Agreement is not working as intended in this regard, Commerce will
explore all appropriate measures, including renegotiation of the terms
of the AD Agreement to resolve the problem or measures under section
751(d)(1) of the Act.
VI. Price Undertaking
Each Signatory individually agrees that, to prevent price
suppression or undercutting, it will not sell in the United States, on
or after the Effective Date, WGJC at prices that are less than the
Reference Prices, as established in Appendix I.
Each Signatory individually agrees that for each entry the amount
by which the estimated normal value exceeds the export price (or the
constructed export price) will not exceed 15 percent of the weighted-
average amount by which the estimated normal value exceeded the export
price (or constructed export price) for all less-than-fair-value
entries of the producer/exporter examined during the course of the
investigation, in accordance with the Act and Commerce's regulations
and procedures, including but not limited to the calculation
methodologies described in Appendix II.
VII. Monitoring of the AD Agreement
A. Import Monitoring
1. Commerce will monitor entries of WGJC from Argentina to ensure
compliance with Section VI of this AD Agreement.
2. Commerce will review publicly available data and other official
import data, including, as appropriate, records maintained by U.S.
Customs and Border Protection (CBP), to determine whether there have
been imports that are inconsistent with the provisions of this AD
Agreement.
B. Compliance Monitoring
1. Commerce may require, and each Signatory agrees to provide
confirmation through documentation provided to Commerce, that the price
received on any sale subject to this AD Agreement was not less than the
established Reference Prices. Commerce may require that such
documentation be provided and be subject to verification.
[[Page 17811]]
2. Commerce may require, and each Signatory agrees to report in the
prescribed format and using the prescribed method of data compilation,
each sale of WGJC, either directly or indirectly to unrelated
purchasers in the United States, including each adjustment applicable
to each sale, as specified by Commerce. The information to be reported
may include, for example, sales value (Ex Works), unit price, invoice
price, date of sale, sales order number(s), importer of record, trading
company, customer, customer relationship, destination, as well as any
other information deemed by Commerce to be relevant. Each Signatory
agrees to permit review and on-site inspection of all information
deemed necessary by Commerce to verify the reported information.
3. Commerce may initiate administrative reviews under section
751(a) of the Act in the month immediately following the Anniversary
Month, upon request or upon its own initiative, to ensure that exports
of WGJC from Argentina satisfy the requirements of sections
734(c)(1)(A) and (B) of the Act. Commerce may conduct administrative
reviews under sections 751(b) and (c) of the Act, and reviews regarding
prevention of circumvention under section 781 of the Act, as
appropriate. Commerce may perform verifications pursuant to
administrative reviews conducted under section 751 of the Act.
4. At any time it deems appropriate, and without prior notice,
Commerce will conduct verifications of persons or entities handling
Signatory merchandise to determine whether they are selling Signatory
merchandise in accordance with the terms of this AD Agreement. Commerce
will also conduct verifications at locations and times it deems
appropriate to ensure compliance with the terms of this AD Agreement.
C. Shipping and Other Arrangements
1. The Reference Prices are expressed in U.S. Dollars ($) per
Gallon, for WGJC from Argentina, in accordance with Appendix I. All
Reference Prices are on the basis of Ex Works Argentina (i.e., from the
Argentine production facility, packed for shipment to the United
States) (for example, Ex Works Mendoza or Ex Works San Juan,
Argentina). The Reference Prices include all expenses for WGJC incurred
prior to shipment from the Argentine production facility. In accordance
with the terms of sale, the final sales price to the first unaffiliated
U.S. customer for all WGJC from Argentina exported directly, or
indirectly through a third country, to the United States shall include
all relevant movement and handling expenses beyond the point of
departure from the Argentine production facility and in excess of the
Reference Price, i.e., the Ex Works Argentina price. The Reference
Prices may be adjusted by means of the Adjustment Mechanism described
in Appendix I.
2. Signatories agree not to sell WGJC from Argentina in the United
States by means of Consignment Sales, as defined in Section II.D.
3. Signatories agree not to take any action that would circumvent
or otherwise evade, or defeat the purpose of, this AD Agreement.\11\
Signatories agree to undertake any measures that will help to prevent
circumvention.
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\11\ Signatories agree that shipping to the United States WGJC
from Argentina with a Brix level from over 68 up to and including 70
could constitute circumvention of this AD Agreement.
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4. Not later than 30 days after the end of each Quarter, each
Signatory will submit a written statement to Commerce certifying that
all sales during the most recently completed Quarter were at net
prices, after rebates, discounts, or other adjustments, at or above the
Reference Prices in effect and were not part of or related to any act
or practice which would have the effect of hiding the real price of the
WGJC being sold. Further, each Signatory will certify in this same
statement that all sales made during the relevant Quarter were not part
of or related to any bundling arrangement, discounts/free goods/
financing package, swap or other exchange where such arrangement is
designed to circumvent the basis of the AD Agreement. Each Signatory
will also include the quantity and value of sales and, separately, of
shipments during the most recently completed Quarter. Each Signatory
that did not export WGJC to the United States during any given Quarter
will submit a written statement to Commerce certifying that it made no
sales to the United States during the most recently completed Quarter.
Each Signatory agrees to permit full verification of its certification
as Commerce deems necessary. Failure to provide a quarterly
certification may be considered a Violation of the AD Agreement.
D. Rejection of Submissions
Commerce may reject: (1) any information submitted after the
deadlines set forth in this AD Agreement; (2) any submission that does
not comply with the filing, format, translation, service, and
certification of documents requirements under 19 CFR 351.303; (3)
submissions that do not comply with the procedures for establishing
business proprietary treatment under 19 CFR 351.304; and (4)
submissions that do not comply with any other applicable regulations,
as appropriate. If information is not submitted in a complete and
timely fashion or is not fully verifiable, Commerce may use facts
otherwise available for the basis of its decision, as it determines
appropriate, consistent with section 776 of the Act.
E. Consultations
1. Compliance Consultations
a. When Commerce identifies, through import or compliance
monitoring or otherwise, that sales may have been made at prices
inconsistent with Section VI of this AD Agreement, or that the sales
are otherwise in circumvention of this AD Agreement, Commerce will
notify each Signatory which it believes is responsible or, if
applicable, notify the Signatory's representative. Commerce will
consult with each such party for a period of up to 60 days to establish
a factual basis regarding sales that may be inconsistent with Section
VI of this AD Agreement.
b. During the consultation period, Commerce will examine any
information that it develops or which is submitted, including
information requested by Commerce under any provision of this AD
Agreement.
c. If Commerce is not satisfied at the conclusion of the
consultation period that sales by such Signatory are being made in
compliance with Section VI of this AD Agreement, or that the sales are
not circumventing this AD Agreement, Commerce may evaluate under
section 351.209 of its regulations, or section 751 of the Act, whether
this AD Agreement is being violated, as defined in Sections II.L and
VIII of this AD Agreement, by such Signatory.
d. These compliance consultation provisions do not limit Commerce's
ability to make an immediate determination under section 351.209(b) of
its regulations when it determines that a Signatory has violated the AD
Agreement.
If Commerce concludes that sales by a Signatory have been made at
prices inconsistent with Section VI of this AD Agreement, or that sales
are circumventing the AD Agreement, Commerce shall take action, as
warranted. The provisions of this section do not supersede the
provisions of paragraphs VIII.A-VIII.C if Commerce determines that the
entries were made at prices inconsistent with Section VI of this AD
Agreement.
2. Operations Consultations
Commerce will consult with the Signatories regarding the operation
of
[[Page 17812]]
this AD Agreement. Commerce or the Signatories, collectively, may
request such consultations at any time, except for consultations to
revise the Reference Prices which must be requested in accordance with
the ``Adjustment Mechanism'' described in Appendix I.
VIII. Violations of the AD Agreement
A. If Commerce determines that a Violation of the AD Agreement has
occurred or that the AD Agreement no longer meets the requirements of
section 734(c) or (d) of the Act, Commerce shall take action it
determines appropriate under section 734(i) of the Act and section
351.209 of Commerce's regulations.
B. Pursuant to section 734(i) of the Act, Commerce will refer to
CBP any Violations of the AD Agreement that appear to be intentional.
Any person who intentionally commits a Violation of the AD Agreement
shall be subject to a civil penalty assessed in the same amount, in the
same manner, and under the same procedures as the penalty imposed for a
fraudulent violation of section 592(a) of the Act. A fraudulent
violation of section 592(a) of the Act is punishable by a civil penalty
in an amount not to exceed the domestic value of the merchandise. For
purposes of the AD Agreement, the domestic value of the merchandise
will be deemed to be not less than the Reference Prices, as the
Signatories agree to not sell the subject merchandise at prices that
are less than the Reference Prices and to ensure that sales of the
subject merchandise are made consistent with the terms of the AD
Agreement, including Section VI.
C. In addition, Commerce will examine the activities of Signatories
and any other party to a sale subject to the AD Agreement to determine
whether any activities conducted by any party aided or abetted another
party's Violation of the AD Agreement. If any such parties are found to
have aided or abetted another party's Violation of the AD Agreement,
they shall be subject to the same civil penalties described in Section
VIII.B above. Signatories to this AD Agreement consent to release of
all information presented to or obtained by Commerce during the conduct
of verifications to CBP.
D. Examples of activities which Commerce may deem to be Violations
of the AD Agreement include:
1. Sales that are at net prices (after rebates, back-billing,
discounts, and other claims) that are below the Reference Prices.
2. Any act or practice which would have the effect of hiding the
real price of the WGJC being sold.
3. Any other material violation or breach, as determined by
Commerce.
IX. Disclosure and Comment
This section provides the terms for disclosure and comment
following consultations or during segments of the proceeding not
involving a review under section 751 of the Act.
A. Commerce may make available to representatives of each
Interested Party, pursuant to and consistent with 19 CFR 351.304-
351.306, any business proprietary information submitted to and/or
collected by Commerce pursuant to Section VII of this AD Agreement, as
well as the results of Commerce's analysis of that information.
B. If Commerce proposes to revise the Reference Price(s) as a
result of consultations under Section VII.E.2, Commerce shall provide
disclosures pursuant to the Adjustment Mechanism in Appendix I of this
AD Agreement.
C. The Signatories and any other Interested Party shall file all
communications and other submissions via Commerce's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS),
which is available to registered users at https://access.trade.gov and
to all parties at the following address: U.S. Department of Commerce,
Central Records Unit, Room B8024, 1401 Constitution Ave. NW,
Washington, DC 20230.
Such communications and submissions shall be filed consistent with
the requirements provided in 19 CFR 351.303.
X. Duration of the AD Agreement
A. This AD Agreement has no scheduled termination date. Termination
of the suspended investigation shall be considered in accordance with
the five-year review provisions of section 751(c) of the Act, and
section 351.218 of Commerce's regulations.
B. An individual Signatory may withdraw from this AD Agreement at
any time. The Signatory's withdrawal shall be effective no later than
60 days after the date written notice of withdrawal is provided to
Commerce.
C. Commerce or the Signatories, collectively, may withdraw from
this AD Agreement at any time. Termination of the AD Agreement shall be
effective no later than 60 days after the date the written notice of
withdrawal is provided to the Signatories or Commerce, respectively.
D. Upon termination of the AD Agreement, Commerce shall follow the
procedures outlined in section 734(i)(1) of the Act.
XI. Other Provisions
A. Upon request, Commerce will advise any Signatory of Commerce's
methodology for calculating its export price (or constructed export
price) and normal value in accordance with the Act and Commerce's
regulations and procedures, including but not limited to, the
calculation methodologies described in Appendix II of this AD
Agreement.
B. By entering into the AD Agreement, the Signatories do not admit
that exports of WGJC from Argentina are having or have had an injurious
effect on WGJC producers in the United States, have caused the
suppression or undercutting of price, or have been sold at less than
fair value.
C. As of the Effective Date, Commerce shall instruct CBP to refund
any cash deposits collected as a result of the antidumping duty
investigation on WGJC from Argentina. Commerce shall instruct CBP to
terminate the suspension of liquidation consistent with section
734(f)(2)(B) of the Act.
For the U.S. Department of Commerce:
Ryan Majerus-----------------------------------------------------------
Deputy Assistant Secretary for Policy & Negotiations
Enforcement and Compliance
March 17, 2023
Date
For the Argentine Signatory Producers and Exporters:
The following parties hereby certify that the following producers/
exporters of WGJC from Argentina, which have authorized the undersigned
to sign this AD Agreement on their behalf, agree to abide by all terms
of the AD Agreement:
David Townsend---------------------------------------------------------
Counsel for Allub Hermanos S.R.L.; Cepas Argentinas S.A.; Enav S.A.;
Jugos Australes S.A.; Jugos Y Vinos Andinos S.A.; Juviar S.A.; Mosto
Mat S.A.; Recoleto S.A.; and Vi[ntilde]a Montpellier S.A.
March 17, 2023
Date
Gregory J. Spak--------------------------------------------------------
Counsel for Federaci[oacute]n de Cooperativas Vitivin[iacute]colas
Argentinas Coop. Ltda
March 17, 2023
Date
Appendix I--Agreement Suspending the Antidumping Duty Investigation on
White Grape Juice Concentrate From Argentina--Reference Prices
Consistent with the requirements of section 734(c) of the Act,
to eliminate completely the injurious effect of exports to the
United States and to prevent the suppression or undercutting of
price levels of domestic WGJC, the Reference Prices are as follows:
[[Page 17813]]
The Ex Works Argentina (i.e., from the Argentine production
facility, packed for shipment to the United States) Reference Prices
for WGJC are:
U.S. $7.40 per gallon for Standard WGJC; \12\
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\12\ The Reference Price for Standard WGJC shall apply also to
WGJC sold as ``de-ionized,'' provided that the de-ionized WGJC does
not qualify as either Organic or Kosher. In the latter cases, the
Reference Price applicable to the relevant qualification (Organic or
Kosher) applies.
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U.S. $8.40 per gallon for Organic Standard WGJC;
U.S. $9.40 per gallon for Kosher WGJC; and
U.S. $11.40 per gallon for Organic Kosher WGJC.
The Reference Prices include all expenses incurred prior to
shipment from the Argentine production facility. In accordance with
the terms of sale, the final sales price to the first unaffiliated
U.S. customer for all WGJC from Argentina exported directly, or
indirectly through a third country, to the United States shall
include all relevant movement and handling expenses beyond the point
of departure from the Argentine production facility (e.g., in
Mendoza or San Juan, Argentina) and in excess of the Reference
Prices, i.e., the Ex Works, Argentina, price.
The parties agree to the following formulae for the conversions
between metric tons and gallons:
[rarr] 1 metric ton (MT) of 65-68 Brix WGJC = 198 gallons
[rarr] 1 gallon of 65-68 Brix WGJC = 0.00505 MT
Additional product types within the scope of the merchandise
covered by this AD Agreement (see Section I, ``Product Coverage'')
may be added to the AD Agreement. Signatories may request that
Commerce add a new product type and corresponding Reference Price by
filing a written public request on the official record of the AD
Agreement. Within 10 days of the filing of the request, interested
parties may comment on the requested product type, including whether
the product type is within the scope of the merchandise covered by
this AD Agreement and the appropriate Reference Price that should
apply to the new product type. Commerce will consider such requests
for new product types and issue a determination in a timely manner.
Additional product types and the corresponding Reference Prices
would apply to U.S. sales of all Signatories going forward.
Adjustment Mechanism
The Reference Price(s) may be adjusted via the following
mechanism:
Consultations on revisions to the Reference Prices may only
occur after March 31, 2024, and pursuant to Operations Consultations
requested by Commerce or the Signatories, collectively, under
Section VII.E.2. Further, such consultations may be requested only
if exports of WGJC from Argentina to the United States are equal to
100 percent of the Export Limit \13\ by the end of March in the
Annual Export Limit Period,\14\ as reported by the Government of
Argentina to Commerce 60 days following the end of March.\15\ If
requested, such consultations shall be completed within 10 days,
followed by Commerce's disclosure of any preliminary revised
Reference Prices and any relevant calculation methodology to
interested parties, with an opportunity to comment provided
thereafter. Commerce will normally issue any final revised Reference
Prices within 30 days of a request for consultations. However, if
needed and with good cause, Commerce may extend these consultation
deadlines.
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\13\ ``Export Limit'' is defined in Section II.G of the
Agreement Suspending the Countervailing Duty Investigation on White
Grape Juice Concentrate from Argentina (CVD Agreement).
\14\ ``Annual Export Limit Period'' is defined in Section II.H
of the CVD Agreement.
\15\ See Section VIII.B.2 of the CVD Agreement.
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If any extenuating circumstances occur in the U.S. market for
WGJC, Commerce may, at its discretion, request consultations on
revisions to the Reference Prices at any time pursuant to Section
VII.E.2.
Appendix II--Agreement Suspending the Antidumping Duty Investigation on
White Grape Juice Concentrate From Argentina--Analysis of Prices at
Less Than Fair Value
A. Normal Value
The cost or price information reported to Commerce that will
form the basis of the normal value (NV) calculations for purposes of
the AD Agreement must be comprehensive in nature and based on a
reliable accounting system (e.g., a system based on well-established
standards and can be tied either to the audited financial statements
or to the tax return filed with the Argentine government).
1. Based on Sales Prices in the Comparison Market \16\
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\16\ Typically, the ``comparison market'' would be the home
market (i.e. Argentina). It could also be a Third-Country market if
the home market is not viable under section 773 of the Act and 19
CFR 351.404.
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When Commerce bases NV on sales prices, such prices will be the
prices at which the foreign like product is first sold for
consumption in the comparison market in the usual commercial
quantities and in the ordinary course of trade. Also, to the extent
practicable, the comparison shall be made at the same level of trade
as the export price (EP) or constructed export price (CEP).
Calculation of NV:
Gross Unit Price
+/-Billing Adjustments
-Movement Expenses
-Discounts and Rebates
-Direct Selling Expenses
-Commissions
-Comparison Market Packing Expenses
= Normal Value (NV)
2. Constructed Value
When NV is based on constructed value (CV), Commerce will
compute CVs, as appropriate, based on the sum of each respondent's
costs, plus amounts for selling, general and administrative expenses
(SG&A), U.S. packing costs, and profit. Commerce will collect this
cost data in order to determine the accurate per-unit CV.
Calculation of CV:
+ Direct Materials
+ Direct Labor
+ Variable Factory Overhead
+ Fixed Factory Overhead
= Cost of Manufacturing
+ G&A Expenses
+ Financial Expenses
= Cost of Production
+ Selling Expenses *
+ Profit *
+ U.S. Packing
= Constructed Value (CV)
* Selling expenses and profit are typically based on comparison
market sales of the foreign like product made in the ordinary course
of trade. G&A expenses are typically based on the experience of the
respondent producer. Selling Expenses include movement expenses.
B. Export Price and Constructed Export Price
EP and CEP refer to the two types of calculated prices for
merchandise imported into the United States. Both EP and CEP are
based on the price at which the subject merchandise is first sold to
a person not affiliated with the foreign producer or exporter.
Calculation of EP:
Gross Unit Price
-Movement Expenses
-Discounts and Rebates
+/-Billing Adjustments
+ Packing Expenses
+ Rebated Import Duties
= Export Price (EP)
Calculation of CEP:
Gross Unit Price
-Movement Expenses
-Discounts and Rebates
+/-Billing Adjustments
-Direct Selling Expenses
-Indirect Selling Expenses that relate to commercial activity in the
United States
-Cost of any further manufacture or assembly incurred in the United
States
-CEP Profit
+ Rebated Import Duties
-Commissions
= Constructed Export Price (CEP)
C. Fair Comparisons
To ensure that a fair comparison with EP or CEP is made,
Commerce will make adjustments to NV. Commerce will adjust for
physical differences between the merchandise sold in the United
States and the merchandise sold in the comparison market. For EP
sales, Commerce will add in U.S. direct selling expenses, U.S.
commissions,\17\ and packing expenses. For CEP sales, Commerce will
subtract the amount of the CEP offset, if warranted, and add in U.S.
packing expenses.
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\17\ If there are not commissions in both markets, then Commerce
will apply a commission offset.
[FR Doc. 2023-06123 Filed 3-23-23; 8:45 am]
BILLING CODE 3510-DS-P