[Federal Register Volume 63, Number 193 (Tuesday, October 6, 1998)]
[Notices]
[Page 53639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26662]
[[Page 53639]]
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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, DOA.
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
(202) 720-2974.
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 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 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 10-16, 1998, the
daily price for frozen concentrated orange juice was less than the
trigger price.
Issued at Washington, DC the 25th day of September, 1998.
Lon Hatamiya,
Administrator, Foreign Agricultural Service.
[FR Doc. 98-26662 Filed 10-5-98; 8:45 am]
BILLING CODE 3410-10-M
