[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