[Federal Register Volume 59, Number 203 (Friday, October 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26204]
[[Page Unknown]]
[Federal Register: October 21, 1994]
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DEPARTMENT OF COMMERCE
[A-351-605]
Frozen Concentrated Orange Juice From Brazil; Final Results of
Antidumping Duty Administrative Review and Revocation of Order in Part
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of final results of antidumping duty administrative
review and revocation in part.
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SUMMARY: On February 3, 1994, the Department of Commerce (the
Department) published the preliminary results of its administrative
review of the antidumping duty order on frozen concentrated orange
juice (FCOJ) from Brazil, and its intent to revoke the order in part
(59 FR 5174). We have now completed this review and determined the
margins for Branco Peres, Citropectina, and Frutropic to be zero or de
minimis during the period May 1, 1991 through April 30, 1992. We have
also determined that Frutropic has met the requirements for revocation.
EFFECTIVE DATE: October 21, 1994.
FOR FURTHER INFORMATION CONTACT:
Stephen Lebowitz or Kelly Parkhill, Office of Countervailing
Compliance, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-2786.
SUPPLEMENTARY INFORMATION:
Background
On May 5, 1987, the Department published in the Federal Register an
antidumping duty order on FCOJ from Brazil (52 FR 16424). On May 31,
1992, pursuant to the Department's notice of ``Opportunity to Request
Administrative Review'' (57 FR 19412) of the order for the period May
1, 1991 through April 30, 1992, Branco Peres, Citropectina, and
Frutropic requested an administrative review. Accordingly, the
Department initiated this administrative review on June 18, 1992 (57 FR
27212).
On May 29, 1992, Frutropic submitted a timely request for
revocation of the antidumping duty order, accompanied by the
certification required by 19 CFR 353.25(b)(1). Frutropic did not submit
an agreement to immediate reinstatement of the order under 19 CFR
353.25(a)(2)(iii). Frutropic claimed that it was not required to do so
because Frutropic was not originally investigated and had never been
found to have sold at less than foreign market value (FMV) in any
administrative review.
On February 3, 1994, the Department published the preliminary
results of its administrative review and its intent to revoke the order
in part (59 FR 51174). We gave interested parties an opportunity to
comment on the preliminary results. No comments were received.
In the preliminary results of this review, we erroneously stated
that FMV periods of less than one month were used because distortions
could result from the application of a monthly FMV due to
hyperinflation. In fact, shorter periods were used to avoid distortions
which would have been created through the use of a monthly FMV due to
significant price fluctuations unrelated to hyperinflation. The
Department has now completed this administrative review in accordance
with section 751 of the Tariff Act of 1930, as amended (the Act).
Scope of Review
Imports covered by the administrative review are shipments of FCOJ
from Brazil. The merchandise is currently classifiable under item
2009.11.00 of the Harmonized Tariff Schedule (HTS). The HTS item number
is provided for convenience and Customs purposes. The written
description remains dispositive.
Final Results of the Review
The final results of our review are identical to those in the
preliminary results of review:
------------------------------------------------------------------------
Margin
Manufacturer/Exporter Time period (percent)
------------------------------------------------------------------------
Branco Peres............................... 5/1/91-4/30/92 0.03
Citropectina............................... 5/1/91-4/30/92 0
Frutropic.................................. 5/1/91-4/30/92 0
------------------------------------------------------------------------
The Department hereby revokes the antidumping duty order with
respect to Frutropic, as it has demonstrated three consecutive years of
sales at not less than FMV, and it is not likely that Frutropic will
sell subject merchandise at less than FMV in the future. As required by
19 CFR 353.25(c)(2)(ii), the Department has conducted a verification of
all factual information submitted by Frutropic in this administrative
review.
We have also examined Frutropic's claim that it is not required to
file an agreement under 19 CFR 353.25(a)(2)(iii). Section
353.35(a)(2)(iii) states that:
For producers or resellers that the Secretary previously has
determined to have sold the merchandise at less than foreign market
value, the producers or resellers agree in writing to their
immediate reinstatement in the order, as long as any producer or
reseller is subject to the order, if the Secretary concludes under
section 353.22(f) that the producer or reseller, subsequent to the
revocation, sold the merchandise at less than foreign market value.
As Frutropic was not originally investigated and has not been found to
have sold at less than FMV in the first administrative review or in any
of the other years in which the company was reviewed, we determine that
Frutropic has not sold the merchandise at less than FMV for purposes of
19 CFR 353.25(a)(2)(iii), and is not required to submit an agreement to
immediate reinstatement in the order. The Department is, therefore,
revoking the order with respect to Frutropic.
However, if the Department concludes from available information
that changed circumstances sufficient to warrant a review exist with
respect to exports of FCOJ from Frutropic, the Department will initiate
a changed circumstances antidumping administrative review under 19 CFR
353.22(f). Further, if as a result of this changed circumstances
review, the Department concludes that, subsequent to revocation,
Frutropic sold the subject merchandise at less-than-fair-value (LTFV),
the Department will reinstate the order with respect to Frutropic.
The Department will instruct the U.S. Customs Service to assess
antidumping duties on all appropriate entries. With respect to
Frutropic's entries, the Department will instruct Customs to terminate
suspension of liquidation, to liquidate all entries without regard to
antidumping duties and to cease collecting cash deposits. Since the
margins for Branco Peres and Citropectina are de minimis and zero,
respectively, the Department shall not require a cash deposit of
antidumping duties on entries of FCOJ from these companies.
Furthermore, the following deposit requirements will be effective
upon publication of this notice of final results of administrative
review for all shipments of the subject merchandise, entered or
withdrawn from warehouse, for consumption on or after the publication
date, as provided for by section 751(a)(1) of the Act: (1) the cash
deposit rate for the reviewed companies will be as outlined above; (2)
for previously reviewed or investigated companies not listed above, the
cash deposit rate will continue to be the company-specific rate
published for the most recent period; (3) if the exporter is not a firm
covered in this review, a prior review, or the original LTFV
investigation, but the manufacturer is, the cash deposit rate will be
the rate established for the most recent period for the manufacture of
the merchandise; (4) the cash deposit rate for all other manufacturers
or exporters will be 1.96 percent, the ``all other'' rate established
in the original LTFV investigation by the Department (52 FR 9324, March
17, 1989), in accordance with the decisions of the Court of
International Trade in Floral Trade Council v. United States, Slip Op.
993-79, and Federal-Mogul Corporation v. United States, Slip Op. 93-83.
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 353.26 to file a certificate regarding the
reimbursement of antidumping duties prior to liquidation of the
relevant entries during this review period. Failure to comply with this
requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibilities
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 353.34(d). Failure to
comply is a violation of the APO. This administrative review and notice
are in accordance with sections 751(a)(1)(B) of the Act (19 U.S.C.
1675(a)(1)(B)) and 19 CFR 353.22 and 353.25.
Dated: October 11, 1994.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 94-26204 Filed 10-20-94; 8:45 am]
BILLING CODE 3510-DS-M
