[Federal Register Volume 63, Number 231 (Wednesday, December 2, 1998)]
[Notices]
[Pages 66572-66575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32085]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigations Nos. 701-TA-184 (Review) and 731-TA-326 (Review)]
Frozen Concentrated Orange Juice From Brazil
AGENCY: United States International Trade Commission.
ACTION: Institution of five-year reviews concerning the suspended
countervailing duty investigation and antidumping duty order on frozen
concentrated orange juice from Brazil.
-----------------------------------------------------------------------
SUMMARY: The Commission hereby gives notice that it has instituted
reviews pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C.
Sec. 1675(c)) (the Act) to determine whether termination of the
suspended investigation and/or revocation of the antidumping duty order
on frozen concentrated orange juice from Brazil would be likely to lead
to continuation or recurrence of material injury. Pursuant to section
751(c)(2) of the Act, interested parties are requested to respond to
this notice by submitting the information specified below to the
Commission; the deadline for responses is January 20, 1999. Comments on
the adequacy of responses may be filed with the Commission by February
12, 1999.
For further information concerning the conduct of these reviews and
rules of general application, consult the Commission's Rules of
Practice and Procedure, part 201, subparts A through E (19 CFR part
201), and part 207, subparts A, D, E, and F (19 CFR part 207). Recent
amendments to the Rules of Practice and Procedure pertinent to five-
year reviews, including the text of subpart F of part 207, are
published at 63 FR 30599, June 5, 1998, and may be
[[Page 66573]]
downloaded from the Commission's World Wide Web site at http://
www.usitc.gov/rules.htm.
EFFECTIVE DATE: December 2, 1998.
FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193) or Vera
Libeau (202-205-3176), Office of Investigations, U.S. International
Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing-
impaired persons can obtain information on this matter by contacting
the Commission's TDD terminal on 202-205-1810. Persons with mobility
impairments who will need special assistance in gaining access to the
Commission should contact the Office of the Secretary at 202-205-2000.
General information concerning the Commission may also be obtained by
accessing its internet server (http://www.usitc.gov).
SUPPLEMENTARY INFORMATION:
Background
On March 2, 1983, the Department of Commerce suspended a
countervailing duty investigation on imports of frozen concentrated
orange juice from Brazil (48 F.R. 8839). On May 5, 1987, the Department
of Commerce issued an antidumping duty order on imports of frozen
concentrated orange juice from Brazil (52 F.R. 16426). The Commission
subsequently affirmed its determination in the antidumping
investigation in response to a December 30, 1988, remand order of the
United States Court of International Trade. The Commission is
conducting reviews to determine whether termination of the suspended
investigation and/or revocation of the order would be likely to lead to
continuation or recurrence of material injury to the domestic industry
within a reasonably foreseeable time.
Definitions
The following definitions apply to these reviews:
(1) Subject Merchandise is the class or kind of merchandise that is
within the scope of the five-year reviews, as defined by the Department
of Commerce.
(2) The Subject Country in these reviews is Brazil.
(3) The Domestic Like Product is the domestically produced product
or products which are like, or in the absence of like, most similar in
characteristics and uses with, the Subject Merchandise. In its original
determination concerning the suspended countervailing duty
investigation and in the subsequent review of that determination, the
Commission defined the Domestic Like Product as frozen concentrated
orange juice. In its remand determination concerning the antidumping
duty investigation, three members of the Commission defined the
Domestic Like Product as frozen concentrated orange juice for
manufacturing, a highly concentrated form of frozen concentrated orange
juice. One member of the Commission found a broader Domestic Like
Product consisting of frozen concentrated orange juice (encompassing
frozen concentrated orange juice for manufacturing, frozen concentrated
orange juice for retail, and single strength orange juice). One other
like product combination was also found.
(4) The Domestic Industry is the U.S. producers as a whole of the
Domestic Like Product, or those producers whose collective output of
the Domestic Like Product constitutes a major proportion of the total
domestic production of the product. In its original determination
concerning the suspended countervailing duty investigation and in the
subsequent review of that determination, the Commission defined the
Domestic Industry as growers of ``round oranges'' and processors of
frozen concentrated orange juice. In its remand determination
concerning the antidumping duty investigation, three members of the
Commission defined the Domestic Industry as growers of round oranges
and extractors of orange juice that produce frozen concentrated orange
juice for manufacturing; specifically excluded from the Domestic
Industry were reconstitutors. One member of the Commission defined the
Domestic Industry as growers and processors, including reconstituting
operations of integrated producers. One other domestic industry
definition was also used.
(5) The Order Dates are the dates that the countervailing duty
investigation was suspended and the antidumping duty order under review
became effective. In these reviews, the Order Date for the suspended
countervailing duty investigation is March 2, 1983, and the Order Date
for the antidumping duty investigation is May 5, 1987.
(6) An Importer is any person or firm engaged, either directly or
through a parent company or subsidiary, in importing the Subject
Merchandise into the United States from a foreign manufacturer or
through its selling agent.
Participation in the Reviews and Public Service List
Persons, including industrial users of the Subject Merchandise and,
if the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the reviews as parties must
file an entry of appearance with the Secretary to the Commission, as
provided in section 201.11(b)(4) of the Commission's rules, no later
than 21 days after publication of this notice in the Federal Register.
The Secretary will maintain a public service list containing the names
and addresses of all persons, or their representatives, who are parties
to the reviews.
Limited Disclosure of Business Proprietary Information (BPI) Under
an Administrative Protective Order (APO) and APO Service List
Pursuant to section 207.7(a) of the Commission's rules, the
Secretary will make BPI submitted in these reviews available to
authorized applicants under the APO issued in the reviews, provided
that the application is made no later than 21 days after publication of
this notice in the Federal Register. Authorized applicants must
represent interested parties, as defined in 19 U.S.C. Sec. 1677(9), who
are parties to the reviews. A separate service list will be maintained
by the Secretary for those parties authorized to receive BPI under the
APO.
Certification
Pursuant to section 207.3 of the Commission's rules, any person
submitting information to the Commission in connection with these
reviews must certify that the information is accurate and complete to
the best of the submitter's knowledge. In making the certification, the
submitter will be deemed to consent, unless otherwise specified, for
the Commission, its employees, and contract personnel to use the
information provided in any other reviews or investigations of the same
or comparable products which the Commission conducts under Title VII of
the Act, or in internal audits and investigations relating to the
programs and operations of the Commission pursuant to 5 U.S.C. Appendix
3.
Written Submissions
Pursuant to section 207.61 of the Commission's rules, each
interested party response to this notice must provide the information
specified below. The deadline for filing such responses is January 20,
1999. Pursuant to section 207.62(b) of the Commission's rules, eligible
parties (as specified in Commission rule 207.62(b)(1)) may also file
comments concerning the adequacy of responses to the notice of
institution and whether the Commission should conduct expedited or full
reviews. The
[[Page 66574]]
deadline for filing such comments is February 12, 1999. All written
submissions must conform with the provisions of sections 201.8 and
207.3 of the Commission's rules and any submissions that contain BPI
must also conform with the requirements of sections 201.6 and 207.7 of
the Commission's rules. The Commission's rules do not authorize filing
of submissions with the Secretary by facsimile or electronic means.
Also, in accordance with sections 201.16(c) and 207.3 of the
Commission's rules, each document filed by a party to the reviews must
be served on all other parties to the reviews (as identified by either
the public or APO service list as appropriate), and a certificate of
service must accompany the document (if you are not a party to the
reviews you do not need to serve your response).
Inability to Provide Requested Information
Pursuant to section 207.61(c) of the Commission's rules, any
interested party that cannot furnish the information requested by this
notice in the requested form and manner shall notify the Commission at
the earliest possible time, provide a full explanation of why it cannot
provide the requested information, and indicate alternative forms in
which it can provide equivalent information. If an interested party
does not provide this notification (or the Commission finds the
explanation provided in the notification inadequate) and fails to
provide a complete response to this notice, the Commission may take an
adverse inference against the party pursuant to section 776(b) of the
Act in making its determinations in the reviews.
Information To Be Provided in Resonse to This Notice of Institution
Please provide the requested information for each of the products
defined by Commerce as Subject Merchandise, and provide separate
information for each of the two specific definitions of like product,
as defined by the Commission in its original determinations: (1) Frozen
concentrated orange juice for manufacturing and (2) frozen concentrated
orange juice. Information should also be provided separately for the
two domestic industries corresponding to each of the like product
definitions. As used below, the term ``firm'' includes any related
firms.
(1) The name and address of your firm or entity (including World
Wide Web address if available) and name, telephone number, fax number,
and E-mail address of the certifying official.
(2) A statement indicating whether your firm/entity is a U.S.
producer of the Domestic Like Product, a U.S. union or worker group, a
U.S. importer of the Subject Merchandise, a foreign producer or
exporter of the Subject Merchandise, a U.S. or foreign trade or
business association, or another interested party (including an
explanation). If you are a union/worker group or trade/business
association, identify the firms in which your workers are employed or
which are members of your association.
(3) A statement indicating whether your firm/entity is willing to
participate in these reviews by providing information requested by the
Commission.
(4) A statement of the likely effects of the termination of the
suspended countervailing duty investigation and revocation of the
antidumping duty order on the Domestic Industry in general and/or your
firm/entity specifically. In your response, please discuss the various
factors specified in section 752(a) of the Act (19 U.S.C.
Sec. 1675a(a)) including the likely volume of subject imports, likely
price effects of subject imports, and likely impact of imports of
Subject Merchandise on the Domestic Industry.
(5) A list of all known and currently operating U.S. producers of
the Domestic Like Product. Identify any known related parties and the
nature of the relationship as defined in section 771(4)(B) of the Act
(19 U.S.C. Sec. 1677(4)(B)).
(6) A list of all known and currently operating U.S. importers of
the Subject Merchandise and producers of the Subject Merchandise in the
Subject Country that currently export or have exported Subject
Merchandise to the United States or other countries since 1982.
(7) If you are a U.S. producer of the Domestic Like Product,
provide the following information on your firm's operations on that
product during calendar year 1997 (report quantity data in thousands of
gallons and value data in thousands of U.S. dollars, f.o.b. plant). If
you are a union/worker group or trade/business association, provide the
information, on an aggregate basis, for the firms in which your workers
are employed/which are members of your association.
(a) Production (quantity) and, if known, an estimate of the
percentage of total U.S. production of the Domestic Like Product
accounted for by your firm's(s') production; and
(b) the quantity and value of U.S. commercial shipments of the
Domestic Like Product produced in your U.S. plant(s).
(8) If you are a U.S. importer or a trade/business association of
U.S. importers of the Subject Merchandise from the Subject Country,
provide the following information on your firm's(s') operations on that
product during calendar year 1997 (report quantity data in thousands of
gallons and value data in thousands of U.S. dollars). If you are a
trade/business association, provide the information, on an aggregate
basis, for the firms which are members of your association.
(a) The quantity and value (landed, duty-paid but not including
antidumping or countervailing duties) of U.S. imports and, if known, an
estimate of the percentage of total U.S. imports of Subject Merchandise
from the Subject Country accounted for by your firm's(s') imports; and
(b) the quantity and value (f.o.b. U.S. port, including antidumping
and/or countervailing duties) of U.S. commercial shipments of Subject
Merchandise imported from the Subject Country.
(9) If you are a producer, an exporter, or a trade/business
association of producers or exporters of the Subject Merchandise in the
Subject Country, provide the following information on your firm's(s')
operations on that product during calendar year 1997 (report quantity
data in thousands of gallons and value data in thousands of U.S.
dollars, landed and duty-paid at the U.S. port but not including
antidumping or countervailing duties). If you are a trade/business
association, provide the information, on an aggregate basis, for the
firms which are members of your association.
(a) Production (quantity) and, if known, an estimate of the
percentage of total production of Subject Merchandise in the Subject
Country accounted for by your firm's(s') production; and
(b) the quantity and value of your firm's(s') exports to the United
States of Subject Merchandise and, if known, an estimate of the
percentage of total exports to the United States of Subject Merchandise
from the Subject Country accounted for by your firm's(s') exports.
(10) Identify significant changes, if any, in the supply and demand
conditions or business cycle for the Domestic Like Product that have
occurred in the United States or in the market for the Subject
Merchandise in the Subject Country since the Order Dates, and
significant changes, if any, that are likely to occur within a
reasonably foreseeable time. Supply conditions to consider include
technology; production methods; development efforts; ability to
increase production (including the shift of
[[Page 66575]]
production facilities used for other products and the use, cost, or
availability of major inputs into production); and factors related to
the ability to shift supply among different national markets (including
barriers to importation in foreign markets or changes in market demand
abroad). Demand conditions to consider include end uses and
applications; the existence and availability of substitute products;
and the level of competition among the Domestic Like Product produced
in the United States, Subject Merchandise produced in the Subject
Country, and such merchandise from other countries.
(11) (OPTIONAL) A statement of whether you agree with the above
definitions of the Domestic Like Product and Domestic Industry; if you
disagree with either or both of these definitions, please explain why
and provide alternative definitions.
Authority: These reviews are being conducted under authority of
title VII of the Tariff Act of 1930; this notice is published
pursuant to Sec. 207.61 of the Commission's rules.
Issued: November 25, 1998.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 98-32085 Filed 12-1-98; 8:45 am]
BILLING CODE 7020-02-P
