[Federal Register Volume 60, Number 231 (Friday, December 1, 1995)]
[Notices]
[Page 61682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29344]
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Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
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Federal Register / Vol. 60, No. 231 / Friday, December 1, 1995 /
Notices
[[Page 61682]]
DEPARTMENT OF AGRICULTURE
Foreign Agricultural Service
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: This is notification that for 5 consecutive business days the
daily price for frozen concentrated orange juice was greater than the
applicable average daily closing price of the New York Cotton Exchange.
This precludes at this time imposition of a snapback tariff on Mexican
frozen concentrated orange juice.
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 North American Free Trade Agreement
Implementation Act (``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 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 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 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 October 18-24, 1995, the
daily price for frozen concentrated orange juice exceeded the trigger
price.
Issued at Washington, DC the 24th day of November, 1995.
August Schumacher, Jr.,
Administrator, Foreign Agricultural Service.
[FR Doc. 95-29344 Filed 11-30-95; 8:45 am]
BILLING CODE 3410-10-M
