Notice2021-28506
2016 Agreement Suspending the Antidumping Duty Investigation on Lemon Juice From Argentina; Final Results of the Expedited Second Sunset Review of the Suspension Agreement
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
January 4, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
As a result of this sunset review, the U.S. Department of Commerce (Commerce) finds that termination of the 2016 Agreement Suspending the Antidumping Duty Investigation on Lemon Juice from Argentina (2016 Agreement) and the suspended antidumping duty investigation would be likely to lead to continuation or recurrence of dumping at the levels indicated in the "Final Results of Review" section of this notice.
Full Text
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<title>Federal Register, Volume 87 Issue 2 (Tuesday, January 4, 2022)</title>
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[Federal Register Volume 87, Number 2 (Tuesday, January 4, 2022)]
[Notices]
[Pages 215-216]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-28506]
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Notices
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Federal Register / Vol. 87, No. 2 / Tuesday, January 4, 2022 /
Notices
[[Page 215]]
DEPARTMENT OF COMMERCE
International Trade Administration
[A-357-818]
2016 Agreement Suspending the Antidumping Duty Investigation on
Lemon Juice From Argentina; Final Results of the Expedited Second
Sunset Review of the Suspension Agreement
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of this sunset review, the U.S. Department of
Commerce (Commerce) finds that termination of the 2016 Agreement
Suspending the Antidumping Duty Investigation on Lemon Juice from
Argentina (2016 Agreement) and the suspended antidumping duty
investigation would be likely to lead to continuation or recurrence of
dumping at the levels indicated in the ``Final Results of Review''
section of this notice.
DATES: Applicable: January 4, 2022.
FOR FURTHER INFORMATION CONTACT: Sally C. Gannon or Jill Buckles,
Bilateral Agreements Unit, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230, telephone: (202) 482-0162 or (202)
482-6230, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 1, 2021, Commerce published the notice of initiation
of the second sunset review of the suspended investigation of lemon
juice from Argentina,\1\ pursuant to section 751(c) of the Tariff Act
of 1930, as amended (the Act).\2\ On September 15, 2021, Commerce
received a timely and complete notice of intent to participate from
domestic interested party Ventura Coastal LLC (Ventura Coastal) within
the deadline specified in 19 CFR 351.218(d)(1)(i).\3\ Ventura Coastal
claimed interested party status under section 771(9)(C) of the Act.
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\1\ See Lemon Juice from Argentina: Continuation of Suspension
of Antidumping Investigation, 81 FR 74395 (October 26, 2016).
\2\ See Initiation of Five-Year (Sunset) Reviews, 86 FR 48983
(September 1, 2021).
\3\ See Ventura Coastal's Letter, ``2nd Five-Year (`Sunset')
Review of Agreement to Suspend Antidumping Investigation of Lemon
Juice from Argentina: Notice of Intent to Participate,'' dated
September 15, 2021.
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On October 1, 2021, Commerce received an adequate substantive
response from Ventura Coastal within the 30-day deadline specified in
19 CFR 351.218(d)(3)(i).\4\ Commerce did not receive a substantive
response from any respondent interested party and no hearing was
requested. As a result, pursuant to section 751(c)(3)(B) of the Act and
19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited (120-
day) sunset review of the 2016 Agreement and suspended investigation.
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\4\ See Ventura Coastal's Letter, ``2nd Five-Year (`Sunset')
Review of the Agreement to Suspend the Antidumping Duty
Investigation of Lemon Juice from Argentina: Substantive Response of
Domestic Interested Party,'' dated October 1, 2021.
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Scope of the 2016 Agreement
The product covered by the 2016 Agreement is lemon juice for
further manufacture, with or without addition of preservatives, sugar,
or other sweeteners, regardless of the GPL (grams per liter of citric
acid) level of concentration, brix level, brix/acid ratio, pulp
content, clarity, grade, horticulture method (e.g., organic or not),
processed form (e.g., frozen or not-from-concentrate), FDA standard of
identity, the size of the container in which packed, or the method of
packing.
Excluded from the scope are: (1) Lemon juice at any level of
concentration packed in retail-sized containers ready for sale to
consumers, typically at a level of concentration of 48 GPL; and (2)
beverage products such as lemonade that typically contain 20% or less
lemon juice as an ingredient.
Lemon juice is classifiable under subheadings 2009.39.6020,
2009.31.6020, 2009.31.4000, 2009.31.6040, and 2009.39.6040 of the
Harmonized Tariff Schedule of the United States (HTSUS). While HTSUS
subheadings are provided for convenience and customs purposes, our
written description of the scope of the 2016 Agreement is dispositive.
Analysis of Comments Received
All issues raised in this sunset review are addressed in the
accompanying Issues and Decision Memorandum.\5\ The Issues and Decision
Memorandum is a public document and is on file electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. A list of topics
discussed in the Issues and Decision Memorandum is included as an
appendix to this notice. A complete version of the Issues and Decision
Memorandum can be accessed at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\5\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Expedited Sunset Review of the 2016 Agreement
Suspending the Antidumping Duty Investigation on Lemon Juice from
Argentina,'' dated concurrently with and hereby adopted by this
notice (Issues and Decision Memorandum).
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Final Results of Review
Pursuant to sections 751(c)(1) and 752(c) of the Act, Commerce
determines that termination of the 2016 Agreement and suspended
investigation of lemon juice from Argentina would likely lead to
continuation or recurrence of dumping, and that the magnitude of the
weighted-average dumping margins likely to prevail are up to 128.50
percent.\6\
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\6\ See Lemon Juice from Argentina: Preliminary Determination of
Sales at Less Than Fair Value and Affirmative Preliminary
Determination of Critical Circumstances, 72 FR 20820 (April 26,
2007).
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Notification Regarding Administrative Protective Order
This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305. Timely
notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a violation which is
subject to sanction.
[[Page 216]]
Notification to Interested Parties
We are issuing and publishing these final results and notice in
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and
19 CFR 351.218.
Dated: December 29, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy & Negotiations, Performing the
Non-Exclusive Functions and Duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Agreement
IV. History of the Current and Prior Agreements
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or Recurrence of Dumping
2. Magnitude of the Dumping Margins Likely to Prevail
VII. Final Results of Expedited Sunset Review
VIII. Recommendation
[FR Doc. 2021-28506 Filed 1-3-22; 8:45 am]
BILLING CODE 3510-DS-P
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