Notice2021-18787
Lemon Juice From Argentina; Institution of a Five-Year Review
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 1, 2021
Issuing agencies
International Trade Commission
Abstract
The Commission hereby gives notice that it has instituted a review pursuant to the Tariff Act of 1930 ("the Act"), as amended, to determine whether termination of the suspended antidumping duty investigation on lemon juice from Argentina would be likely to lead to continuation or recurrence of material injury. Pursuant to the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission.
Full Text
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<title>Federal Register, Volume 86 Issue 167 (Wednesday, September 1, 2021)</title>
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[Federal Register Volume 86, Number 167 (Wednesday, September 1, 2021)]
[Notices]
[Pages 49054-49057]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-18787]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 731-TA-1105 (Second Review)]
Lemon Juice From Argentina; Institution of a Five-Year Review
AGENCY: United States International Trade Commission.
ACTION: Notice.
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SUMMARY: The Commission hereby gives notice that it has instituted a
review pursuant to the Tariff Act of 1930 (``the Act''), as amended, to
determine whether termination of the suspended antidumping duty
investigation on lemon juice from Argentina would be likely to lead to
continuation or recurrence of material injury. Pursuant to the Act,
interested parties are requested to respond to this notice by
submitting the information specified below to the Commission.
DATES: Instituted September 1, 2021. To be assured of consideration,
the deadline for responses is October 1, 2021. Comments on the adequacy
of responses may be filed with the Commission by November 16, 2021.
FOR FURTHER INFORMATION CONTACT: Lawrence Jones (202-205-3358), 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 (<a href="https://www.usitc.gov">https://www.usitc.gov</a>). The public record for this
proceeding may be viewed on the Commission's electronic docket (EDIS)
at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>.
SUPPLEMENTARY INFORMATION:
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Background
Effective September 10, 2007, the Department of Commerce
(``Commerce'') suspended an antidumping duty investigation on imports
of lemon juice from Argentina (72 FR 53991). On August 1, 2012,
Commerce initiated and the Commission instituted its first five-year
review of the suspended investigation (77 FR 45589 and 77 FR 45653). On
August 1, 2013, pursuant to section 751(c) of the Act, the Commission
determined that termination of the suspended investigation on lemon
juice from Argentina would be likely to lead to continuation or
recurrence of material injury to an industry in the United States
within a reasonably foreseeable time (78 FR 46610). As a result, on
August 7, 2013, Commerce published notice of the continuation of the
suspended investigation on lemon juice from Argentina. Following the
first five-year reviews by Commerce and the Commission, effective
October 20, 2016, Commerce signed a new suspension agreement with
substantially all growers/exporters of lemon juice from Argentina and
issued a continuation of the suspended investigation on imports of
lemon juice from Argentina (81 FR 74395). The Commission is now
conducting a second review pursuant to section 751(c) of the Act, as
amended (19 U.S.C. 1675(c)), to determine whether termination of the
suspended investigation would be likely to lead to continuation or
recurrence of material injury to the domestic industry within a
reasonably foreseeable time. Provisions concerning the conduct of this
proceeding may be found in the Commission's Rules of Practice and
Procedure at 19 CFR part 201, subparts A and B, and 19 CFR part 207,
subparts A and F. The Commission will assess the adequacy of interested
party responses to this notice of institution to determine whether to
conduct a full review or an expedited review. The Commission's
determination in any expedited review will be based on the facts
available, which may include information provided in response to this
notice.
Definitions
The following definitions apply to this review:
(1) Subject Merchandise is the class or kind of merchandise that is
within the scope of the five-year review, as defined by the Department
of Commerce.
(2) The Subject Country in this review is Argentina.
(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
preliminary determination, the Commission defined a single Domestic
Like Product consisting of all lemon juice for further manufacturing,
coextensive with the scope of the investigation. In its five-year
review determination of the suspended antidumping duty investigation,
the Commission defined the Domestic Like Product as consisting of
certain lemon juice, coextensive with the scope of the review.
(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 preliminary
determination, the Commission defined a single Domestic Industry
consisting of all domestic producers of lemon juice for further
manufacture, corresponding to the subject merchandise in the
investigation. The Commission found that the lemon growers did not meet
the criteria for inclusion in the Domestic Industry pursuant to the
statutory grower/processor provision. In its five-year review
determination, the Commission defined the Domestic Industry as
consisting of all domestic producers of lemon juice for further
manufacture, and again did not include lemon growers as part of the
domestic industry.
(5) 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 Proceeding 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 proceeding as parties must
file an entry of appearance with the Secretary to the Commission, as
provided in Sec. 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 proceeding.
Former Commission employees who are seeking to appear in Commission
five-year reviews are advised that they may appear in a review even if
they participated personally and substantially in the corresponding
underlying original investigation or an earlier review of the same
underlying investigation. The Commission's designated agency ethics
official has advised that a five-year review is not the same particular
matter as the underlying original investigation, and a five-year review
is not the same particular matter as an earlier review of the same
underlying investigation for purposes of 18 U.S.C. 207, the post-
employment statute for Federal employees, and Commission rule 201.15(b)
(19 CFR 201.15(b)), 79 FR 3246 (Jan. 17, 2014), 73 FR 24609 (May 5,
2008). Consequently, former employees are not required to seek
Commission approval to appear in a review under Commission rule 19 CFR
201.15, even if the corresponding underlying original investigation or
an earlier review of the same underlying investigation was pending when
they were Commission employees. For further ethics advice on this
matter, contact Charles Smith, Office of the General Counsel, at 202-
205-3408.
Limited Disclosure of Business Proprietary Information (BPI) Under an
Administrative Protective Order (APO) and APO Service List
Pursuant to Sec. 207.7(a) of the Commission's rules, the Secretary
will make BPI submitted in this proceeding available to authorized
applicants under the APO issued in the proceeding, 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. 1677(9), who are parties to
the proceeding. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
Certification
Pursuant to Sec. 207.3 of the Commission's rules, any person
submitting information to the Commission in connection with this
proceeding must certify that the information is accurate and complete
to the best of the submitter's knowledge. In making the certification,
the submitter will acknowledge that information submitted in response
to this request for information and throughout this proceeding or other
proceeding may be disclosed to and used: (i) By the Commission, its
employees and Offices, and contract personnel (a) for developing or
maintaining the records of this or a related proceeding, or (b) in
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internal investigations, audits, reviews, and evaluations relating to
the programs, personnel, and operations of the Commission including
under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and
contract personnel, solely for cybersecurity purposes. All contract
personnel will sign appropriate nondisclosure agreements.
Written Submissions
Pursuant to Sec. 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 October 1, 2021.
Pursuant to Sec. 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 an expedited or full review. The
deadline for filing such comments is November 16, 2021. All written
submissions must conform with the provisions of Sec. 201.8 of the
Commission's rules; any submissions that contain BPI must also conform
with the requirements of Sec. Sec. 201.6, 207.3, and 207.7 of the
Commission's rules. The Commission's Handbook on Filing Procedures,
available on the Commission's website at <a href="https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf">https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf</a>, elaborates upon the
Commission's procedures with respect to filings. Also, in accordance
with Sec. Sec. 201.16(c) and 207.3 of the Commission's rules, each
document filed by a party to the proceeding must be served on all other
parties to the proceeding (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 proceeding you do
not need to serve your response).
Please note the Secretary's Office will accept only electronic
filings at this time. Filings must be made through the Commission's
Electronic Document Information System (EDIS, <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>).
No in-person paper-based filings or paper copies of any electronic
filings will be accepted until further notice.
No response to this request for information is required if a
currently valid Office of Management and Budget (``OMB'') number is not
displayed; the OMB number is 3117 0016/USITC No. 21-5-497, expiration
date June 30, 2023. Public reporting burden for the request is
estimated to average 15 hours per response. Please send comments
regarding the accuracy of this burden estimate to the Office of
Investigations, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436.
Inability To Provide Requested Information
Pursuant to Sec. 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 Sec. 776(b) of the Act
(19 U.S.C. 1677e(b)) in making its determination in the review.
Information To Be Provided in Response to This Notice of Institution
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) and name, telephone number, fax number, and Email
address of the certifying official.
(2) A statement indicating whether your firm/entity is an
interested party under 19 U.S.C. 1677(9) and if so, how, including
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 (a majority of whose
members are interested parties under the statute), 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 this proceeding by providing information requested by
the Commission.
(4) A statement of the likely effects of the termination of the
suspended investigation 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. 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. 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 after 2016.
(7) A list of 3-5 leading purchasers in the U.S. market for the
Domestic Like Product and the Subject Merchandise (including street
address, World Wide Web address, and the name, telephone number, fax
number, and Email address of a responsible official at each firm).
(8) A list of known sources of information on national or regional
prices for the Domestic Like Product or the Subject Merchandise in the
U.S. or other markets.
(9) 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 2020, except as noted (report quantity
data in 1,000 gallons @ 400 GPL and value data in 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;
(b) Capacity (quantity) of your firm to produce the Domestic Like
Product (that is, the level of production that your establishment(s)
could reasonably have expected to attain during the year, assuming
normal operating conditions (using equipment and machinery in place and
ready to operate), normal operating levels (hours per week/weeks per
year), time for downtime, maintenance, repair, and cleanup, and a
typical or representative product mix);
(c) the quantity and value of U.S. commercial shipments of the
Domestic Like Product produced in your U.S. plant(s);
(d) the quantity and value of U.S. internal consumption/company
transfers of the Domestic Like Product produced in your U.S. plant(s);
and
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(e) the value of (i) net sales, (ii) cost of goods sold (COGS),
(iii) gross profit, (iv) selling, general and administrative (SG&A)
expenses, and (v) operating income of the Domestic Like Product
produced in your U.S. plant(s) (include both U.S. and export commercial
sales, internal consumption, and company transfers) for your most
recently completed fiscal year (identify the date on which your fiscal
year ends).
(10) 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 2020 (report quantity data in 1,000
gallons @ 400 GPL and value data in 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;
(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; and
(c) the quantity and value (f.o.b. U.S. port, including antidumping
and/or countervailing duties) of U.S. internal consumption/company
transfers of Subject Merchandise imported from the Subject Country.
(11) 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 2020 (report quantity
data in 1,000 gallons @400 GPL and value data in 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;
(b) Capacity (quantity) of your firm(s) to produce the Subject
Merchandise in the Subject Country (that is, the level of production
that your establishment(s) could reasonably have expected to attain
during the year, assuming normal operating conditions (using equipment
and machinery in place and ready to operate), normal operating levels
(hours per week/weeks per year), time for downtime, maintenance,
repair, and cleanup, and a typical or representative product mix); and
(c) 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.
(12) 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 after 2016 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 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.
(13) (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: This proceeding is 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.
By order of the Commission.
Issued: August 26, 2021.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2021-18787 Filed 8-31-21; 8:45 am]
BILLING CODE 7020-02-P
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