96-25104. Special Provision for Frozen Concentrated Orange Juice Under the North American Free Trade Agreement Implementation Act

[Federal Register Volume 61, Number 191 (Tuesday, October 1, 1996)]
[Notices]
[Page 51258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25104]


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DEPARTMENT OF AGRICULTURE

Special Provision for Frozen Concentrated Orange Juice Under the 
North American Free Trade Agreement Implementation Act

AGENCY: Foreign Agricultural Service, USDA.

ACTION: Notice of Determination of Existence of Price Conditions 
Necessary for Imposition of Temporary Duty on Frozen Concentrated 
Orange Juice from Mexico.

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SUMMARY: Pursuant to Section 309(a) of the North American Free Trade 
Agreement Implementation Act of 1993 (``NAFTA Implementation Act''), 
this is a notification that for 5 consecutive business days the daily 
price for frozen concentrated orange juice was lower than the trigger 
price.

FOR FURTHER INFORMATION CONTACT:
Joseph Somers, Horticultural and Tropical Products Division, Foreign 
Agricultural Service, U.S. Department of Agriculture, Washington, DC 
20250-1000 or telephone at [phone].

SUPPLEMENTARY INFORMATION: The NAFTA Implementation Act authorizes the 
imposition of a temporary duty (snapback) for Mexican frozen 
concentrated orange juice when certain conditions exist. Mexican 
articles falling under subheading 2009.11.00 of the Harmonized Tariff 
Schedule of the United States (HTS) are subject to the snapback duty 
provision.
    Under Section 309(a) of the NAFTA Implementation Act, certain price 
conditions must exist before the United States can apply a snapback 
duty on imports of Mexican frozen concentrated orange juice. In 
addition, such imports must exceed specified amounts before the 
snapback duty can be applied. The price conditions exist when for each 
period of 5 consecutive business days the daily price for frozen 
concentrated orange juice is less than the trigger price.
    For the purpose of this provision, the term ``daily price'' means 
the daily closing price of the New York Cotton Exchange, or any 
successor as determined by the Secretary of Agriculture (the 
``Exchange''), for the closest month in which contracts for frozen 
concentrated orange juice are being traded on the Exchange. The term 
``business day'' means a day in which contracts for frozen concentrated 
orange juice are being traded on the Exchange.
    The term ``trigger price'' means the average daily closing price of 
the Exchange for the corresponding month during the previous 5-year 
period, excluding the year with the highest average price for the 
corresponding month and the year with the lowest average price for the 
corresponding month.
    Price conditions no longer exist when the Secretary determines that 
for a period of 5 consecutive business days the daily price for frozen 
concentrated orange juice has exceeded the trigger price. Whenever the 
price conditions are determined to exist or to cease to exist or to 
cease to exist the Secretary is required to immediately notify the 
Commissioner of Customs of such determination. Whenever the 
determination is that the price conditions exist and the quantity of 
Mexican articles of frozen concentrated orange juice entered exceeds 
(1) 264,978,000 liters (single strength equivalent) in any of calendar 
years 1994 through 2002, or (2) 340,560,000 liters (single strength 
equivalent) in any of calendar years 2003 through 2007, the rate of 
duty on Mexican articles of frozen concentrated orange juice that are 
entered after the date on which the applicable quantity limitation is 
reached and before the date of publication in the Federal Register of 
the determination that the price conditions have ceased to exist shall 
be the lower of--(1) the column 1--General rate of duty in effect for 
such articles on July 1, 1991; or (2) the column 1--General rate of 
duty in effect on that day. For the purpose of this provision, the term 
``entered'' means entered or withdrawn from warehouse for consumption 
in the customs territory of the United States.
    In accordance with Section 309(a) of the NAFTA Implementation Act, 
it has been determined that for the period September 11-17, 1996, the 
daily price for frozen concentrated orange juice was less than the 
trigger price.

    Issued at Washington, D.C. the 23d day of September, 1996.
Timothy J. Galvin,
Acting Administrator, Foreign Agricultural Service.
[FR Doc. 96-25104 Filed 9-30-96; 8:45 am]
BILLING CODE 3410-10-M