98-29639. Special Provision for Frozen Concentrated Orange Juice Under the North American Free Trade Agreement Implementation Act

[Federal Register Volume 63, Number 214 (Thursday, November 5, 1998)]
[Notices]
[Page 59761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29639]



[[Page 59761]]

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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 Termination 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 has exceeded the trigger 
price.

FOR FURTHER INFORMATION CONTACT:
Mark Petry, 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 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 
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 October 12-16, 1998, the 
daily price for frozen concentrated orange juice has exceeded the 
trigger price.

    Issued at Washington, DC the 30th day of October, 1998.
Lon Hatamiya,
Adminstrator, Foreign Agricultural Service.
[FR Doc. 98-29639 Filed 11-4-98; 8:45 am]
BILLING CODE 3410-10-M