Notice2022-08951
White Grape Juice Concentrate From Argentina: Initiation of Less-Than-Fair-Value Investigation
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
April 27, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Full Text
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<title>Federal Register, Volume 87 Issue 81 (Wednesday, April 27, 2022)</title>
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[Federal Register Volume 87, Number 81 (Wednesday, April 27, 2022)]
[Notices]
[Pages 24934-24939]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-08951]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-357-825]
White Grape Juice Concentrate From Argentina: Initiation of Less-
Than-Fair-Value Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable April 20, 2022.
FOR FURTHER INFORMATION CONTACT: Myrna Lobo, AD/CVD Operations, Office
VII, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-2371.
SUPPLEMENTARY INFORMATION:
The Petition
On March 31, 2022, the Department of Commerce (Commerce) received
an antidumping duty (AD) petition concerning imports of white grape
juice concentrate (WGJC) from Argentina filed in proper form on behalf
of Delano Growers Grape Products, LLC (the petitioner), a domestic
producer of
[[Page 24935]]
WGJC.\1\ The Petition was accompanied by a countervailing duty (CVD)
petition concerning imports of WGJC from Argentina.\2\
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\1\ See Petitioner's Letter, ``Petition for the Imposition of
Antidumping and Countervailing Duties: White Grape Juice Concentrate
from Argentina,'' dated March 31, 2022 (the Petition).
\2\ Id.
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Between April 5 and 14, 2022, Commerce requested supplemental
information pertaining to certain aspects of the Petition.\3\ The
petitioner filed timely responses to each request.\4\
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\3\ See Commerce's Letters, ``Petitions for the Imposition of
Antidumping and Countervailing Duties on Imports of White Grape
Juice Concentrate from Argentina: Supplemental Questions,'' dated
April 5, 2022 (General Issues Questionnaire); ``Second Supplemental
Questions,'' dated April 14, 2022; and AD Supplemental
Questionnaires, dated April 5 and 14, 2022.
\4\ See Petitioner's Letters, ``Petition for the Imposition of
Antidumping and Countervailing Duties: White Grape Juice Concentrate
from Argentina,'' dated April 13, 2022 (First General Issues
Supplement); ``Petition for the Imposition of Antidumping and
Countervailing Duties: White Grape Juice Concentrate from
Argentina,'' dated April 14, 2022 (Second General Issues
Supplement); ``Petition for the Imposition of Antidumping and
Countervailing Duties: White Grape Juice Concentrate from
Argentina,'' dated April 11, 2022; ``Petition for the Imposition of
Antidumping and Countervailing Duties: White Grape Juice Concentrate
from Argentina,'' dated April 11, 2022 (Updated Declarations); and
``Petition for the Imposition of Antidumping and Countervailing
Duties: White Grape Juice Concentrate from Argentina,'' dated April
15, 2022.
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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 WGJC from
Argentina 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 WGJC industry in the United States.
Consistent with section 732(b)(1) of the Act, the Petition is
accompanied by information reasonably available to the petitioner
supporting its allegations.
Commerce finds that the petitioner filed the Petition 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 investigation.\5\
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\5\ See infra, section titled ``Determination of Industry
Support for the Petition.''
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Period of Investigation
Because the Petition was filed on March 31, 2022, the period of
investigation (POI) for this LTFV investigation is January 1, 2021,
through December 31, 2021, pursuant to 19 CFR 351.204(b)(1).
Scope of the Investigation
The product covered by this investigation is WGJC from Argentina.
For a full description of the scope of this investigation, see the
appendix to this notice.
Comments on the Scope of the Investigation
On April 5, 2022, Commerce requested further information from the
petitioner regarding the proposed scope, to ensure that the scope
language in the Petition is an accurate reflection of the products for
which the domestic industry is seeking relief.\6\ On April 13, 2022,
the petitioner provided a narrative clarification regarding the
scope.\7\ The description of the merchandise covered by this
investigation, as described in the appendix to this notice, reflects
the products for which the domestic industry is seeking relief.
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\6\ See General Issues Questionnaire.
\7\ See First General Issues Supplement at 2.
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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).\8\ Commerce will consider all comments
received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary
determination. If scope comments include factual information,\9\ 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 May 10, 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 May 20, 2022, which is
ten calendar days from the initial comment deadline.
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\8\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\9\ 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 this investigation be submitted
during this period. However, if a party subsequently finds that
additional factual information pertaining to the scope of this
investigation 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 AD
and CVD 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.\10\ An electronically filed document must be received
successfully in its entirety by the time and date on which it is due.
Note that Commerce has temporarily modified certain of its requirements
for serving documents containing business proprietary information,
until further notice.\11\
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\10\ 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>.
\11\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020) (Temporary Rule).
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Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of WGJC 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 WGJC, 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
[[Page 24936]]
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 May 10, 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 May 20, 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 the LTFV investigation.
Determination of Industry Support for the Petition
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 U.S. 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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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 investigation.\14\ Based on our analysis of the information
submitted on the record, we have determined that WGJC, 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 Petition at 16-20.
\15\ For a discussion of the domestic like product analysis as
applied to this case and information regarding industry support, see
Antidumping Duty Investigation Initiation Checklist: White Grape
Juice Concentrate from Argentina (AD Initiation Checklist) at
Attachment II, Analysis of Industry Support for the Antidumping and
Countervailing Duty Petitions Covering White Grape Juice Concentrate
from Argentina (Attachment II). This checklist is dated concurrently
with this notice and on file electronically via ACCESS.
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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 Petition with reference to the domestic like product
as defined in the ``Scope of the Investigation,'' in the appendix to
this notice. To establish industry support, the petitioner provided the
total volume of grapes it crushed for WGJC during crop year 2020 (i.e.,
August 2020-July 2021).\16\ The petitioner also provided the total
volume of grapes crushed for concentrate during crop year 2020, as
reported by the U.S. Department of Agriculture's National Agricultural
Statistics Service (USDA NASS) in its July 29, 2021, 2020 Errata to the
California Grape Crush Report (July 2021 USDA Grape Crush Report).\17\
Because the data in the July 2021 USDA Grape Crush Report reflect the
total volume of grapes crushed for concentrate, including other
concentrate products that are not part of the domestic like product,
the petitioner adjusted the volume reported in the July 2021 USDA Grape
Crush Report in order to estimate the total volume of grapes crushed
for WGJC.\18\ The petitioner then compared its own volume of grapes
crushed for WGJC to the estimated total volume of grapes crushed for
WGJC in crop year 2020.\19\ We relied on data provided by the
petitioner for purposes of measuring industry support.\20\
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\16\ See Petition at 5 and 9-10; see also Petitioner's Letter,
``Petition for the Imposition of Antidumping and Countervailing
Duties: White Grape Juice Concentrate from Argentina,'' dated March
31, 2022 (Exhibit 10 Declaration); and Updated Declarations at
Exhibit 10.
\17\ See Petition at 5-8 and Exhibits 21 and 22.
\18\ Id. at 5-8 and Exhibits 14 and 22; see also First General
Issues Supplement at Answer to Question 6; and Updated Declarations
at Exhibit 14.
\19\ See Petition at 8-10.
\20\ Id. at 5-11 and Exhibits 14, 21, and 22; see also Exhibit
10 Declaration; First General Issues Supplement at 2-4 and Answer to
Question 6; and Updated Declarations at Exhibits 10 and 14. For
further discussion, see Attachment II of the AD Initiation
Checklist.
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On April 11, 2022, the Government of Argentina (GOA) raised
industry support comments during the consultations held regarding the
CVD Petition.\21\
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\21\ See Memorandum, ``Countervailing Duty Petition on Imports
of White Grape Juice Concentrate from the Republic of Argentina:
Consultations with Officials from the Government of Argentina,''
dated April 20, 2022.
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Our review of the data provided in the Petition, Exhibit 10
Declaration, the First General Issues Supplement, the Updated
Declarations, and other information readily available to Commerce
indicates that the petitioner has established industry support for the
Petition.\22\ First, the Petition 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).\23\ 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 Petition account for at least 25 percent of the total
production of the domestic like product.\24\ Finally, the domestic
producers (or workers) have met the statutory criteria for industry
support under section 732(c)(4)(A)(ii) of the Act
[[Page 24937]]
because the domestic producers (or workers) who support the Petition
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.\25\ Accordingly, Commerce
determines that the Petition was filed on behalf of the domestic
industry within the meaning of section 732(b)(1) of the Act.\26\
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\22\ See Petition at 5-11 and Exhibits 14 and 22; see also
Exhibit 10 Declaration; First General Issues Supplement at 3-4; and
Updated Declarations at Exhibits 10 and 14. For further discussion,
see Attachment II of the AD Initiation Checklist.
\23\ See Attachment II of the AD Initiation Checklist; see also
section 732(c)(4)(D) of the Act.
\24\ See Attachment II of the AD Initiation Checklist.
\25\ Id.
\26\ Id.
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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.\27\
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\27\ See Petition at 21 and Exhibit 6.
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The petitioner contends that the industry's injured condition is
illustrated by underselling and price suppression; lost sales and
revenues; decline in the U.S. industry's production over the years;
inventory carryover into the next crush year; removal of grape vine
acreage, which impacts the petitioner's ability to operate at full
capacity; the loss of producers of WGJC and grape growers; and the
magnitude of the alleged dumping margin.\28\ 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.\29\
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\28\ Id. at 20-34 and Exhibits 2, 5-8, 13, 23-24, and 32-34; see
also Exhibit 10 Declaration; Updated Declarations at Exhibits 10 and
14; First General Issues Supplement at 1-10 and Answer to Question
17, Supplemental to Exhibits 10 and 33, and Updated Exhibit 10;
Second General Issues Supplement at 1-6 and Updated Declaration of
Jeff Bitter, Supplemental Exhibits 1-3, and Updated Supplement to
Exhibit 10; and Petitioner's Letter, ``Petition for the Imposition
of Antidumping and Countervailing Duties: White Grape Juice
Concentrate from Argentina,'' dated April 19, 2022 (Exhibit 37
Declaration).
\29\ See AD Initiation Checklist at Attachment III, Analysis of
Allegations and Evidence of Material Injury and Causation for the
Antidumping and Countervailing Duty Petitions Covering White Grape
Juice Concentrate from Argentina.
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Allegations of Sales at LTFV
The following is a description of the allegation of sales at LTFV
upon which Commerce based its decision to initiate this LTFV
investigation of imports of WGJC from Argentina. 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 Argentina AD
Initiation Checklist.
U.S. Price
The petitioner established export price (EP) based on pricing
information for a sale, or offer for sale, of WGJC produced in and
exported from Argentina during the POI. To calculate an ex-factory, net
U.S. price, the petitioner deducted movement and other expenses.\30\
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\30\ See AD Initiation Checklist.
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Normal Value Based on Constructed Value <SUP>31</SUP>
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\31\ In accordance with section 773(b)(2) of the Act, for this
investigation, 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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The petitioner stated it was unable to obtain home market or third
country prices for WGJC to use as a basis for NV. Therefore, the
petitioner calculated NV based on constructed value (CV).\32\
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\32\ See AD Initiation Checklist.
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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.\33\ In
calculating the cost of manufacturing, the petitioner relied on its own
production experience and input consumption rates as a U.S. WGJC
producer, valued using publicly available information, where
applicable.\34\ In calculating selling, general, and administrative
expenses, the petitioner relied on its own financial statements for the
year ended June 30, 2021. For the profit ratio, the petitioner relied
upon the 2020 financial statements of a producer of wine in
Argentina.\35\
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\33\ Id.
\34\ Id.
\35\ Id.
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Fair Value Comparisons
Based on the data provided by the petitioner, there is reason to
believe that imports of WGJC from Argentina are being, or are likely to
be, sold in the United States at LTFV. Based on comparisons of EP to CV
in accordance with section 773 of the Act, the estimated dumping margin
for WGJC from Argentina covered by this initiation is 101.26
percent.\36\
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\36\ Id.
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Initiation of LTFV Investigation
Based upon the examination of the Petition and supplemental
responses, we find that they meet the requirements of section 732 of
the Act. Therefore, we are initiating this LTFV investigation to
determine whether imports of WGJC from Argentina 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 determination no later than 140
days after the date of this initiation.
Respondent Selection
In the Petition, the petitioner identified eight companies in
Argentina as producers and/or exporters of WGJC.\37\ 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 Investigation,'' in the
appendix to this notice.
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\37\ See Petition at 15 and Exhibit 4.
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On April 18, 2022, Commerce released CBP data on imports of WGJC
from Argentina 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 this investigation.\38\ Commerce will not accept rebuttal
comments regarding the CBP data or respondent selection.
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\38\ See Memorandum, ``Release of U.S. Customs and Border
Protection Data,'' dated April 18, 2022.
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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>.
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.
[[Page 24938]]
Distribution of Copies of the Petition
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version of the Petition have been
provided to the GOA via ACCESS. To the extent practicable, we will
attempt to provide a copy of the public version of the Petition to each
exporter named in the Petition, 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 Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petition was filed, whether there is a reasonable
indication that imports of WGJC from Argentina are materially injuring,
or threatening material injury to, a U.S. industry.\39\ A negative ITC
determination will result in the investigation being terminated.\40\
Otherwise, this LTFV investigation will proceed according to statutory
and regulatory time limits.
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\39\ See section 733(a) of the Act.
\40\ 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 \41\ 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.\42\ 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 this investigation.
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\41\ See 19 CFR 351.301(b).
\42\ 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 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.
Extension 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 this
investigation.\43\
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\43\ See 19 CFR 351.301; see also Extension of Time Limits;
Final Rule, 78 FR 57790 (September 20, 2013), available at <a href="http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm">http://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 CVD proceeding
must certify to the accuracy and completeness of that information.\44\
Parties must use the certification formats provided in 19 CFR
351.303(g).\45\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\44\ See section 782(b) of the Act.
\45\ 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="http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf">http://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 this investigation 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.\46\
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\46\ See Temporary Rule.
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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: April 20, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Investigation
The scope of this investigation covers white grape juice
concentrate with a Brix level of 65 to 68, whether in frozen or non-
frozen forms. White grape juice concentrate is concentrated grape
juice produced from grapes of the Vitis vinifera L. species with a
white flesh, including fresh market table grapes and raisin grapes
(e.g., Thompson Seedless), as well as several varietals of wine
grapes (e.g., Chardonnay, Chenin Blanc, Sauvignon Blanc, Colombard,
etc.). The scope of this investigation covers white grape juice
concentrate regardless of whether it has been certified as kosher,
organic, or organic
[[Page 24939]]
kosher. The white grape juice concentrate subject to this
investigation consists of 100 percent grape juice with no other
types of juice intermixed and no additional sugars or additives
included.
The scope does not cover white grape juice concentrate produced
from grapes of the Vitis labrusca species (e.g., Niagara).
The products covered by this investigation are currently
classified under the following Harmonized Tariff Schedule of the
United States (HTSUS) subheadings: 2009.69.0040 and 2009.69.0060.
The HTSUS subheadings and specifications are provided for
convenience and customs purposes; the written description of the
scope is dispositive.
[FR Doc. 2022-08951 Filed 4-26-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on April 27, 2022.
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