Notice2022-01411
Lemon Juice From Brazil and South Africa: Initiation of Less-Than-Fair-Value Investigations
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 25, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Full Text
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<title>Federal Register, Volume 87 Issue 16 (Tuesday, January 25, 2022)</title>
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[Federal Register Volume 87, Number 16 (Tuesday, January 25, 2022)]
[Notices]
[Pages 3768-3772]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-01411]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-858, A-791-827]
Lemon Juice From Brazil and South Africa: Initiation of Less-
Than-Fair-Value Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable January 19, 2022.
FOR FURTHER INFORMATION CONTACT: Dakota Potts (Brazil) or Ariela
Garvett (South Africa); AD/CVD Operations, Office IV, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone:
(202) 482-0223 and (202) 482-3609, respectively.
SUPPLEMENTARY INFORMATION:
The Petitions
On December 30, 2021, the Department of Commerce (Commerce)
received antidumping duty (AD) petitions concerning imports of lemon
juice from Brazil and South Africa filed in proper form on behalf of
Ventura Coastal, LLC (the petitioner), a domestic producer of lemon
juice.\1\
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\1\ See Petitioner's Letter, ``Antidumping Duty Petition on
Behalf of Ventura Coastal LLC: Lemon Juice from Brazil and South
Africa,'' dated December 30, 2021 (Petitions).
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On January 4 and 11, 2022, Commerce requested supplemental
information pertaining to certain aspects of the Petitions in separate
supplemental questionnaires.\2\ The petitioner filed responses to the
supplemental questionnaires on January 6, 10, and 13, 2022.\3\
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\2\ See Commerce's Letters, ``Petitions for the Imposition of
Antidumping Duties on Imports of Lemon Juice from Brazil and South
Africa: Supplemental Questions,'' dated January 4, 2022 (General
Issues Questionnaire); ``Petition for the Imposition of Antidumping
Duties on Imports of Lemon Juice from Brazil: Supplemental
Questions,'' dated January 4, 2022; ``Petition for the Imposition of
Antidumping Duties on Imports of Lemon Juice from South Africa:
Supplemental Questions,'' dated January 4, 2022; ``Petition for the
Imposition of Antidumping Duties on Imports of Lemon Juice from
Brazil: Second Supplemental Questions,'' dated January 11, 2022; and
``Petition for the Imposition of Antidumping Duties on Imports of
Lemon Juice from South Africa: Supplemental Questions,'' dated
January 11, 2022.
\3\ See Petitioner's Letters, ``Lemon Juice from Brazil and
South Africa: Petitioner's Response to General Issues
Questionnaire,'' dated January 6, 2022 (General Issues Supplement);
``Lemon Juice from Brazil: Petitioner's Response to General Issues
Questionnaire,'' dated January 6, 2022 and ``Lemon Juice from
Brazil: Petitioner's Response to Supplemental Questionnaire (Q5),''
dated January 10, 2022 (collectively, First Brazil AD Supplement);
``Lemon Juice from Brazil: Petitioner's Response to Second
Supplemental Questionnaire,'' dated January 13, 2022 (Second Brazil
AD Supplement); ``Lemon Juice from Brazil {sic{time} : Petitioner's
Response to General Issues Questionnaire,'' dated January 6, 2022
and ``Lemon Juice from South Africa: Petitioner's Response to
Supplemental Questionnaire (Q11),'' dated January 10, 2022
(collectively, First South Africa AD Supplement); and ``Lemon Juice
from South Africa: Petitioner's Response to Second Supplemental
Questionnaire,'' dated January 13, 2022 (Second South Africa AD
Supplement).
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In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that imports of lemon juice
from Brazil and South Africa are being, or are likely to be, sold in
the United States at less than fair value (LTFV) within the meaning of
section 731 of the Act, and that imports of such products are
materially injuring, or threatening material injury to, the lemon juice
industry in the United States. Consistent with section 732(b)(1) of the
Act, the Petitions are accompanied by information reasonably available
to the petitioner supporting its allegations.
Commerce finds that the petitioner filed the Petitions on behalf of
the domestic industry, because the petitioner is an interested party,
as defined in section 771(9)(C) of the Act. Commerce also finds that
the petitioner demonstrated sufficient industry support for the
initiation of the requested LTFV investigations.\4\
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\4\ See infra, section titled ``Determination of Industry
Support for the Petitions.''
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Periods of Investigation
Because the Petitions were filed on December 30, 2021, the period
of investigation (POI) for these LTFV investigations is October 1,
2020, through September 30, 2021, pursuant to 19 CFR 351.204(b)(1).\5\
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\5\ See 19 CFR 351.204(b)(1).
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Scope of the Investigations
The product covered by these investigations is lemon juice from
Brazil and South Africa. For a full description of the scope of these
investigations, see the appendix to this notice.
Comments on the Scope of the Investigations
On January 4, 10, and 12, 2022, Commerce requested further
information and clarification from the petitioner regarding the
proposed scope, to ensure that the scope language in the Petitions is
an accurate reflection of the
[[Page 3769]]
product for which the domestic industry is seeking relief.\6\ On
January 6, 11, and 13, 2022, the petitioner revised the scope.\7\ The
description of the merchandise covered by these investigations, as
described in the appendix to this notice, reflects these
clarifications.\8\
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\6\ See General Issues Questionnaire; see also Memoranda,
``Phone Call with Counsel to the Petitioner,'' dated January 10,
2022; and ``Phone Call with Counsel to the Petitioner'' dated
January 12, 2022.
\7\ See General Issues Supplement at Exhibit SI-15; see also
Petitioner's Letter, ``Lemon Juice from Brazil and South Africa:
Petitioner's Response to Scope Issues Raised in 1/10/22 Phone Call
with Counsel,'' dated January 11, 2022 at Exhibit 2SI-15; Second
Brazil AD Supplement at 1 and Exhibit 3SI-15; and Second South
Africa AD Supplement at 1 and Exhibit 3SI-15.
\8\ We note that the third paragraph of the scope of these
investigations references certain lemon juice that is blended with
certain lemon juice from sources not subject to these
investigations. While Commerce has adopted this scope language for
the purposes of initiation, we invite parties to these proceedings
to comment on this scope language. In particular, we invite parties
to focus on administrability and circumvention concerns.
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As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (i.e., scope).\9\ Commerce will consider all comments
received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary
determinations. If scope comments include factual information,\10\ all
such factual information should be limited to public information. To
facilitate preparation of its questionnaires, Commerce requests that
all interested parties submit such comments by 5:00 p.m. Eastern Time
(ET) on February 8, 2022, which is 20 calendar days from the signature
date of this notice. Any rebuttal comments, which may include factual
information, must be filed by 5:00 p.m. ET on February 18, 2022, which
is ten calendar days from the initial comment deadline.
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\9\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\10\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
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Commerce requests that any factual information that parties
consider relevant to the scope of these investigations be submitted
during this period. However, if a party subsequently finds that
additional factual information pertaining to the scope of these
investigations may be relevant, the party may contact Commerce and
request permission to submit the additional information. All such
submissions must be filed on the records of each of the concurrent
investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\11\ An electronically filed document must be received
successfully in its entirety by the time and date on which it is due.
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\11\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on help using
ACCESS can be found at <a href="https://access.trade.gov/help.aspx">https://access.trade.gov/help.aspx</a> and a
handbook can be found at <a href="https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf">https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf</a>.
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Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of lemon juice to be
reported in response to Commerce's AD questionnaires. This information
will be used to identify the key physical characteristics of the
subject merchandise in order to report the relevant costs of production
accurately, as well as to develop appropriate product-comparison
criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. Specifically, they may provide comments as to
which characteristics are appropriate to use as: (1) General product
characteristics; and (2) product comparison criteria. We note that it
is not always appropriate to use all product characteristics as product
comparison criteria. We base product comparison criteria on meaningful
commercial differences among products. In other words, although there
may be some physical product characteristics utilized by manufacturers
to describe lemon juice, it may be that only a select few product
characteristics take into account commercially meaningful physical
characteristics. In addition, interested parties may comment on the
order in which the physical characteristics should be used in matching
products. Generally, Commerce attempts to list the most important
physical characteristics first and the least important characteristics
last.
In order to consider the suggestions of interested parties in
developing and issuing the AD questionnaires, all product
characteristics comments must be filed by 5:00 p.m. ET on February 8,
2022, which is 20 calendar days from the signature date of this notice.
Any rebuttal comments must be filed by 5:00 p.m. ET on February 18,
2022, which is ten calendar days from the initial comment deadline. All
comments and submissions to Commerce must be filed electronically using
ACCESS, as explained above, on the record of each of the LTFV
investigations.
Determination of Industry Support for the Petitions
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) At least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
Poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The International Trade Commission (ITC), which
is responsible for determining whether ``the domestic industry'' has
been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC must apply the same statutory definition regarding the domestic
like product,\12\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\13\
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\12\ See section 771(10) of the Act.
\13\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F. 2d 240 (Fed. Cir. 1989)).
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[[Page 3770]]
Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the investigations.\14\ Based on our analysis of the information
submitted on the record, we have determined that lemon juice, as
defined in the scope, constitutes a single domestic like product, and
we have analyzed industry support in terms of that domestic like
product.\15\
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\14\ See Petitions at Volume I at 22-27 and Exhibits I-4 and I-
5.
\15\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see Country-Specific AD Checklists, ``Antidumping Duty Investigation
Initiation Checklists: Lemon Juice from Brazil and South Africa,''
dated concurrently with this Federal Register notice and on file
electronically via ACCESS (Country-Specific AD Initiation
Checklists) at Attachment II, Analysis of Industry Support for the
Antidumping Duty Petitions Covering Lemon Juice from Brazil and
South Africa (Attachment II).
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In determining whether the petitioner has standing under section
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions with reference to the domestic like product
as defined in the ``Scope of the Investigations,'' in the appendix to
this notice. To establish industry support, the petitioner provided the
total volume of lemons that it processed during the most recently
completed lemon marketing season (August 1, 2020--July 31, 2021).\16\
The petitioner also provided the total volume of lemons processed in
the United States during the 2020-21 lemon marketing season, as
reported by the U.S. Department of Agriculture's National Agricultural
Statistics Service (USDA NASS) in its September 2021 Citrus Fruits:
2021 Summary.\17\ The petitioner then compared its own volume of lemons
processed to the total volume of lemons processed as reported by USDA
NASS for the 2020-21 lemon marketing season.\18\ We relied on data
provided by the petitioner for purposes of measuring industry
support.\19\
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\16\ See Petitions at Volume I at 3-4 and Exhibits I-1 and I-3;
see also General Issues Supplement at 4-5 and Exhibit SI-1.
\17\ See Petitions at Volume I at 4 and Exhibit I-2.
\18\ See Petitions at Volume I at 3-4 and Exhibit I-3; see also
General Issues Supplement at 4.
\19\ See Petitions at Volume I at 3-5 and Exhibits I-1 through
I-3; see also General Issues Supplement at 4-5 and Exhibit SI-1.
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Our review of the data provided in the Petitions, the General
Issues Supplement, and other information readily available to Commerce
indicates that the petitioner has established industry support for the
Petitions. First, the Petitions established support from domestic
producers (or workers) accounting for more than 50 percent of the total
production of the domestic like product and, as such, Commerce is not
required to take further action in order to evaluate industry support
(e.g., polling). Second, the domestic producers (or workers) have met
the statutory criteria for industry support under section
732(c)(4)(A)(i) of the Act because the domestic producers (or workers)
who support the Petitions account for at least 25 percent of the total
production of the domestic like product. Finally, the domestic
producers (or workers) have met the statutory criteria for industry
support under section 732(c)(4)(A)(ii) of the Act because the domestic
producers (or workers) who support the Petitions account for more than
50 percent of the production of the domestic like product produced by
that portion of the industry expressing support for, or opposition to,
the Petitions. Accordingly, Commerce determines that the Petitions were
filed on behalf of the domestic industry within the meaning of section
732(b)(1) of the Act.
Allegations and Evidence of Material Injury and Causation
The petitioner alleges that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at LTFV. In addition, the petitioner alleges that
subject imports exceed the negligibility threshold provided for under
section 771(24)(A) of the Act.\20\
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\20\ See Petitions at Volume I at 17, 29-30 and Exhibit I-10.
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The petitioner contends that the industry's injured condition is
illustrated by an absolute and relative increase in the volume of
subject imports; increasing market share of subject imports at the
expense of the domestic industry; price reductions and decline in the
unit value of domestic shipments; decreased profitability; declining
sales; decreased capacity utilization; and the magnitude of the alleged
dumping margins.\21\ We assessed the allegations and supporting
evidence regarding material injury, threat of material injury,
causation, as well as negligibility, and we have determined that these
allegations are properly supported by adequate evidence, and meet the
statutory requirements for initiation.\22\
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\21\ See Petitions at Volume I at 17, 28-37, Exhibits I-4, I-5,
I-9, I-10, I-12 through I-14; see also General Issues Supplement at
5.
\22\ See Country-Specific AD Initiation Checklists at Attachment
III, Analysis of Allegations and Evidence of Material Injury and
Causation for the Antidumping Duty Petitions Covering Lemon Juice
from Brazil and South Africa (Attachment III).
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Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV
upon which Commerce based its decision to initiate these LTFV
investigations of imports of lemon juice from Brazil and South Africa.
The sources of data for the deductions and adjustments relating to U.S.
price and normal value (NV) are discussed in greater detail in the
country-specific AD initiation checklists.
U.S. Price
For Brazil and South Africa, the petitioner established U.S. price
on the average unit value of publicly available import data. The
petitioner deducted expenses associated with inland freight incurred in
Brazil and South Africa to calculate an ex-factory, or net, U.S.
price.\23\
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\23\ See Country-Specific AD Initiation Checklists.
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Normal Value Based on Constructed Value \24\
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\24\ In accordance with section 773(b)(2) of the Act, for these
investigations, Commerce will request information necessary to
calculate the CV and cost of production (COP) to determine whether
there are reasonable grounds to believe or suspect that sales of the
foreign like product have been made at prices that represent less
than the COP of the product.
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For Brazil and South Africa, the petitioner stated it was unable to
obtain home-market or third-country prices for lemon juice to use as a
basis for NV. Therefore, for Brazil and South Africa, the petitioner
calculated NV based on constructed value (CV).\25\
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\25\ See Country-Specific AD Initiation Checklists.
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Pursuant to section 773(e) of the Act, the petitioner calculated CV
as the sum of the cost of manufacturing, selling, general, and
administrative expenses, financial expenses, and profit.\26\ For Brazil
and South Africa, in calculating the cost of manufacturing, the
petitioner relied on its own production experience and input
consumption rates, valued using publicly available information
applicable to each respective subject
[[Page 3771]]
country.\27\ For Brazil and South Africa, in calculating selling,
general, and administrative expenses, financial expenses, and profit
ratios (where applicable), the petitioner relied on the 2020 financial
statements of a producer of lemon juice in Brazil, and the 2020-2021
financial statements of a diversified food and beverage company that
produces products incorporating lemon juice in South Africa.\28\
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\26\ Id.
\27\ Id.
\28\ Id.
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Fair Value Comparisons
Based on the data provided by the petitioner, there is reason to
believe that imports of lemon juice from Brazil and South Africa are
being, or are likely to be, sold in the United States at LTFV. Based on
comparisons of U.S. price to CV in accordance with section 773 of the
Act, the estimated dumping margins for lemon juice concerning each of
the countries covered by this initiation are as follows: (1) Brazil--
222.16 percent; and (2) South Africa--97.15 percent.\29\
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\29\ Id.
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Initiation of LTFV Investigations
Based upon the examination of the Petitions and supplemental
responses, we find that they meet the requirements of section 732 of
the Act. Therefore, we are initiating these LTFV investigations to
determine whether imports of lemon juice from Brazil and South Africa
are being, or are likely to be, sold in the United States at LTFV. In
accordance with section 733(b)(1)(A) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will make our preliminary
determinations no later than 140 days after the date of this
initiation.
Respondent Selection
In the Petitions, the petitioner identified two companies in Brazil
and five companies in South Africa as producers and/or exporters of
lemon juice.\30\ With respect to Brazil \31\ and South Africa,
following standard practice in LTFV investigations involving market
economy countries, in the event that Commerce determines that the
number of exporters or producers in any individual case is large such
that Commerce cannot individually examine each company based upon its
resources, where appropriate, Commerce intends to select mandatory
respondents in that case based on U.S. Customs and Border Protection
(CBP) data for U.S. imports under the appropriate Harmonized Tariff
Schedule of the United States subheadings listed in the ``Scope of the
Investigations,'' in the appendix.
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\30\ See Petitions at Volume I at 16 and Exhibit I-8; see also
General Issues Supplement at 1.
\31\ The petitioner states that it relied on its own market
knowledge, company data from Descartes Datamyne, and internet
research to identify producers and/or exporters of lemon juice in
Brazil. See Petitions at Volume I at 16 n.39. The Petitions do not
include supporting information from independent, third-party sources
to support the petitioner's identification of the two Brazilian
companies as the only known producers and/or exporters of lemon
juice in Brazil. Accordingly, we intend to use CBP data to select
mandatory respondents in the Brazil investigation.
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On January 11 and 12, 2022, Commerce released CBP data on imports
of lemon juice from South Africa and Brazil, respectively, under
administrative protective order (APO) to all parties with access to
information protected by APO and indicated that interested parties
wishing to comment on the CBP data must do so within three business
days after the publication date of the notice of initiation of these
investigations.\32\ Commerce will not accept rebuttal comments
regarding the CBP data or respondent selection.
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\32\ See Memoranda, ``Antidumping Duty Petition on Imports of
Lemon Juice from South Africa: Release of U.S. Customs and Border
Protection Data,'' dated January 11, 2022; and ``Antidumping Duty
Petition on Imports of Lemon Juice from Brazil: Release of U.S.
Customs and Border Protection Data,'' dated January 12, 2022.
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Comments on CBP data and respondent selection must be filed
electronically using ACCESS. An electronically filed document must be
received successfully in its entirety via ACCESS by 5:00 p.m. ET on the
specified deadline. Interested parties must submit applications for
disclosure under APO in accordance with 19 CFR 351.305(b). Instructions
for filing such applications may be found on Commerce's website at
<a href="https://enforcement.trade.gov/apo">https://enforcement.trade.gov/apo</a>.
Distribution of Copies of the Petitions
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version of the Petitions have been
provided to the governments of Brazil and South Africa via ACCESS. To
the extent practicable, we will attempt to provide a copy of the public
version of the Petitions to each exporter named in the Petitions, as
provided under 19 CFR 351.203(c)(2).
ITC Notification
We will notify the ITC of our initiation, as required by section
732(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petitions were filed, whether there is a reasonable
indication that imports of lemon juice from Brazil and/or South Africa
are materially injuring, or threatening material injury to, a U.S.
industry.\33\ A negative ITC determination for any country will result
in the investigation being terminated with respect to that country.\34\
Otherwise, these LTFV investigations will proceed according to
statutory and regulatory time limits.
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\33\ See section 733(a) of the Act.
\34\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
Evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Section 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \35\ and, if the information is submitted to rebut,
clarify, or correct factual information already on the record, to
provide an explanation identifying the information already on the
record that the factual information seeks to rebut, clarify, or
correct.\36\ Time limits for the submission of factual information are
addressed in 19 CFR 351.301, which provides specific time limits based
on the type of factual information being submitted. Interested parties
should review the regulations prior to submitting factual information
in these investigations.
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\35\ See 19 CFR 351.301(b).
\36\ See 19 CFR 351.301(b)(2).
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Particular Market Situation Allegation
Section 773(e) of the Act addresses the concept of particular
market situation (PMS) for purposes of CV, stating that ``if a
particular market situation exists such that the cost of materials and
fabrication or other processing of any kind does not accurately reflect
the cost of production in the ordinary course of trade, the
administering authority may use another calculation methodology under
this subtitle or any other calculation methodology.'' When an
interested party submits a PMS allegation pursuant to section 773(e) of
the Act, Commerce will respond to such a submission consistent with 19
CFR 351.301(c)(2)(v). If Commerce finds that a PMS exists
[[Page 3772]]
under section 773(e) of the Act, then it will modify its dumping
calculations appropriately.
Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v), set
a deadline for the submission of PMS allegations and supporting factual
information. However, in order to administer section 773(e) of the Act,
Commerce must receive PMS allegations and supporting factual
information with enough time to consider the submission. Thus, should
an interested party wish to submit a PMS allegation and supporting new
factual information pursuant to section 773(e) of the Act, it must do
so no later than 20 days after submission of a respondent's initial
section D questionnaire response.
Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301. For submissions that are due
from multiple parties simultaneously, an extension request will be
considered untimely if it is filed after 10:00 a.m. ET on the due date.
Under certain circumstances, we may elect to specify a different time
limit by which extension requests will be considered untimely for
submissions which are due from multiple parties simultaneously. In such
a case, we will inform parties in a letter or memorandum of the
deadline (including a specified time) by which extension requests must
be filed to be considered timely. An extension request must be made in
a separate, stand-alone submission; under limited circumstances we will
grant untimely-filed requests for the extension of time limits. Parties
should review Commerce's regulations concerning factual information
prior to submitting factual information in these investigations.\37\
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\37\ See 19 CFR 351.301; see also Extension of Time Limits;
Final Rule, 78 FR 57790 (September 20, 2013), available at <a href="https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm">https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm</a>.
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Certification Requirements
Any party submitting factual information in an AD or countervailing
duty (CVD) proceeding must certify to the accuracy and completeness of
that information.\38\ Parties must use the certification formats
provided in 19 CFR 351.303(g).\39\ Commerce intends to reject factual
submissions if the submitting party does not comply with the applicable
certification requirements.
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\38\ See section 782(b) of the Act.
\39\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to
frequently asked questions regarding the Final Rule are available at
<a href="https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf">https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf</a>.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Parties wishing to participate
in these investigations should ensure that they meet the requirements
of 19 CFR 351.103(d) (e.g., by the filing a letter of appearance as
discussed). Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\40\
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\40\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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This notice is issued and published pursuant to sections 732(c)(2)
and 777(i) of the Act, and 19 CFR 351.203(c).
Dated: January 19, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Investigations
The product covered by these investigations is certain lemon
juice. Lemon juice is covered: (1) With or without addition of
preservatives, sugar, or other sweeteners; (2) regardless of the GPL
(grams per liter of citric acid) level of concentration, brix level,
brix/acid ratio, pulp content, clarity; (3) regardless of the grade,
horticulture method (e.g., organic or not), processed form (e.g.,
frozen or not-from-concentrate), the size of the container in which
packed, or the method of packing; and (4) regardless of the U.S.
Department of Agriculture Food and Drug Administration (FDA)
standard of identity (as defined under 19 CFR 146.114 et seq.)
(i.e., whether or not the lemon juice meets an FDA standard of
identity).
Excluded from the scope are: (1) Lemon juice at any level of
concentration packed in retail-sized containers ready for sale to
consumers; and (2) beverage products, such as lemonade, that contain
20 percent or less lemon juice as an ingredient by actual volume.
``Retail-sized containers'' are defined as lemon juice products sold
in ready-for-sale packaging (e.g., clearly visible branding,
nutritional facts listed, etc.) containing up to 128 ounces of lemon
juice by actual volume.
The scope also includes certain lemon juice that is blended with
certain lemon juice from sources not subject to these
investigations. Only the subject lemon juice component of such
blended merchandise is covered by the scope of these investigations.
Blended lemon juice is defined as certain lemon juice with two
distinct component parts of differing country(s) of origin mixed
together to form certain lemon juice where the component parts are
no longer individually distinguishable.
The product subject to these investigations is currently
classifiable under subheadings 2009.31.4000, 2009.31.6020,
2009.31.6040, 2009.39.6020, and 2009.39.6040 of the Harmonized
Tariff Schedule of the United States (HTSUS). Although the HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the scope of these investigations is
dispositive.
[FR Doc. 2022-01411 Filed 1-24-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on January 25, 2022.
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