Notice2022-08956
White Grape Juice Concentrate From the Republic of Argentina: Initiation of Countervailing Duty 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 24945-24949]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-08956]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-357-826]
White Grape Juice Concentrate From the Republic of Argentina:
Initiation of Countervailing Duty Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable April 20, 2022.
FOR FURTHER INFORMATION CONTACT: Gene H. Calvert, 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) 482-3586.
SUPPLEMENTARY INFORMATION:
[[Page 24946]]
The Petition
On March 31, 2022, the Department of Commerce (Commerce) received a
countervailing duty (CVD) 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 WGJC.\1\ The Petition was accompanied by an antidumping
duty (AD) 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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On April 5, 13, and 14, 2022, Commerce requested supplemental
information pertaining to certain aspects of the Petition.\3\ The
petitioner filed timely responses to these requests between April 11
and 14, 2022.\4\
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\3\ See Commerce's Letters, ``Petition for the Imposition of
Countervailing Duties on Imports of White Grape Juice Concentrate
from Argentina: Supplemental Questions,'' dated April 5, 2022;
``Petition for the Imposition of Countervailing Duties on Imports of
White Grape Juice Concentrate from Argentina: Second Supplemental
Questionnaire,'' dated April 13, 2022; ``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 Supplemental); and
``Petitions for the Imposition of Antidumping and Countervailing
Duties on Imports of White Grape Juice Concentrate from Argentina:
Second Supplemental Questions,'' dated April 14, 2022.
\4\ See Petitioner's Letters, ``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); ``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); and ``Petition for the
Imposition of Antidumping and Countervailing Duties: White Grape
Juice Concentrate from Argentina,'' dated April 14, 2022,
referencing questions regarding alleged CVD programs.
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In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that the Government of
Argentina (GOA) is providing countervailable subsidies, within the
meaning of sections 701 and 771(5) of the Act, to producers of WGJC in
Argentina, and that such imports are materially injuring, or
threatening material injury to, the domestic industry producing WGJC in
the United States. Consistent with section 702(b)(1) of the Act and 19
CFR 351.202(b), for the alleged program on which we are initiating a
CVD investigation, the Petition was 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 with respect to the
initiation of the requested CVD investigation.\5\
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\5\ See ``Determination of Industry Support for the Petition''
section, infra.
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Period of Investigation
Because the Petition was filed on March 31, 2022, the period of
investigation (POI) is January 1, 2021, through December 31, 2021.\6\
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\6\ See 19 CFR 351.204(b)(2).
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Scope of the Investigation
The merchandise 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 product for
which the industry is seeking relief.\7\ On April 13, 2022, the
petitioner provided a narrative clarification regarding the scope.\8\
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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\7\ See General Issues Supplemental at 4.
\8\ 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 (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
determination. 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 scope comments by 5:00 p.m. Eastern Time
(ET) 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 deadline.
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\9\ See Antidumping Duties; Countervailing Duties; Final Rule,
62 FR 27323 (May 19, 1977) (Preamble).
\10\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
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Commerce requests that any factual information the parties consider
relevant to the scope of this investigation be submitted during this
time 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 comments must be filed on
the record of the concurrent AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically using
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 it is due. Note that
Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
further notice.\12\
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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 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>.
\12\ 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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Consultations
Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce
notified the GOA of the receipt of the Petition and provided it the
opportunity for consultations with respect to the CVD petition.\13\ The
GOA requested
[[Page 24947]]
consultations,\14\ which were held via video conference on April 11,
2022.\15\
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\13\ See Commerce's Letter, ``Countervailing Duty Petition on
White Grape Juice Concentrate from the Argentine Republic:
Invitation for Consultations to Discuss the Countervailing Duty
Petition,'' dated April 4, 2022.
\14\ See GOA's Letter, ``Countervailing Duty Petition on White
Grape Juice Concentrate from the Argentine Republic: Invitation for
Consultations to Discuss the Countervailing Duty Petition,'' dated
April 5, 2022.
\15\ 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 (CVD Consultations Memorandum).
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Determination of Industry Support for the Petition
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(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 702(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,\16\ 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.\17\
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\16\ See section 771(10) of the Act.
\17\ 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.\18\ 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.\19\
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\18\ See Petition at 16-20.
\19\ For a discussion of the domestic like product analysis as
applied to this case and information regarding industry support, see
Countervailing Duty Investigation Initiation Checklist: White Grape
Juice Concentrate from Argentina (Argentina CVD 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
702(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).\20\ The petitioner also provided the total
volume of grapes crushed for concentrate during crop year 2020,
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).\21\
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.\22\ 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.\23\ We relied on data provided by the
petitioner for purposes of measuring industry support.\24\
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\20\ 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.
\21\ See Petition at 5-8 and Exhibits 21 and 22.
\22\ 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.
\23\ See Petition at 8-10.
\24\ 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 Exhibit 14. For further
discussion, see Attachment II of the Argentina CVD Initiation
Checklist.
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On April 11, 2022, the GOA raised industry support comments during
the consultations held regarding the CVD Petition.\25\
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\25\ See CVD Consultations Memorandum at Attachment.
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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.\26\ 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).\27\ Second, the domestic producers (or workers) have
met the statutory criteria for industry support under section
702(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.\28\ Finally, the domestic
producers (or workers) have met the statutory criteria for industry
support under section 702(c)(4)(A)(ii) of the Act 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
[[Page 24948]]
expressing support for, or opposition to, the Petition.\29\
Accordingly, Commerce determines that the Petition was filed on behalf
of the domestic industry within the meaning of section 702(b)(1) of the
Act.\30\
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\26\ See Petition at 5-11 and Exhibits 14, 21, 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 Argentina CVD Initiation Checklist.
\27\ See Attachment II of the Argentina CVD Initiation
Checklist; see also section 702(c)(4)(D) of the Act.
\28\ See Attachment II of the Argentina CVD Initiation
Checklist.
\29\ Id.
\30\ Id.
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Injury Test
Because Argentina is a ``Subsidies Agreement Country'' within the
meaning of section 701(b) of the Act, section 701(a)(2) of the Act
applies to this investigation. Accordingly, the ITC must determine
whether imports of the subject merchandise from Argentina materially
injure, or threaten material injury to, a U.S. industry.
Allegations and Evidence of Material Injury and Causation
The petitioner alleges that imports of the subject merchandise are
benefitting from countervailable subsidies and that such imports are
causing, or threaten to cause, material injury to the U.S. industry
producing the domestic like product. In addition, the petitioner
alleges that subject imports exceed the negligibility threshold
provided for under section 771(24)(A) of the Act.\31\
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\31\ 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; and the loss of producers of WGJC and grape growers.\32\ 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.\33\
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\32\ 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; 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.
\33\ See Argentina CVD 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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Initiation of CVD Investigation
Based on our examination of the Petition and supplemental
responses, we find the Petition meets the requirements of section 702
of the Act. Therefore, we are initiating a CVD investigation to
determine whether imports of WGJC from Argentina benefit from
countervailable subsidies conferred by the GOA. Based on our review of
the Petition, we find that there is sufficient information to initiate
a CVD investigation on one of the two alleged programs. For a full
discussion of the basis for our decision, see the Argentina CVD
Initiation Checklist. The CVD Initiation Checklist for this
investigation is available on ACCESS. In accordance with section
703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless postponed, we
will make our preliminary determination no later than 65 days after the
date of this initiation.
Respondent Selection
The petitioner named eight companies in Argentina as producers and/
or exporters of WGJC.\34\ Commerce intends to follow its standard
practice in CVD investigations and calculate company-specific subsidy
rates in this investigation. In the event that Commerce determines that
the number of companies is large and that it cannot individually
examine each company based on Commerce's resources, where appropriate,
Commerce intends to select respondents based on U.S. Customs and Border
Protection (CBP) data for U.S. imports of WGJC from Argentina during
the POI under the appropriate Harmonized Tariff Schedule of the United
States subheadings listed in the ``Scope of the Investigations,'' in
the appendix to this notice.
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\34\ See Petition at Exhibit 4.
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On April 19, 2022, Commerce released CBP data for U.S. 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 regarding the CBP data and
respondent selection must do so within three business days of the
publication date of the notice of initiation of this CVD
investigation.\35\ Commerce will not accept rebuttal comments regarding
the CBP data or respondent selection. Interested parties wishing to
comment regarding the CBP data and respondent selection must do so
within three business days of the publication date of this notice of
initiation of this CVD investigation. 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>.
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\35\ See Memorandum, ``Countervailing Duty Petition on White
Grape Juice Concentrate from the Republic of Argentina: Release of
U.S. Customs and Border Protection Entry Data,'' dated April 19,
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, by ACCESS no later than 5:00
p.m. ET on the specified deadline.
Distribution of Copies of the Petition
In accordance with section 702(b)(4)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petition has been
provided to the GOA via ACCESS. To the extent practicable, Commerce
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
Commerce will notify the ITC of our initiation, as required by
section 702(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.\36\ A negative ITC
determination will result in this investigation being terminated.\37\
Otherwise, this investigation will proceed according to statutory and
regulatory time limits.
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\36\ See section 733(a) of the Act.
\37\ 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). Any party, when submitting factual
information, must specify under which subsection of 19 CFR
351.102(b)(21) the information is being submitted and, if the
information is submitted to rebut, clarify, or correct
[[Page 24949]]
factual information already on the record, provide an explanation
identifying the information already on the record that the factual
information seeks to rebut, clarify, or correct.\38\ Time limits for
the submission of factual information are address in 19 CFR 351.301,
which provide 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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\38\ See 19 CFR 351.301(b).
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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 the Secretary. 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, Commerce 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, Commerce 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
Commerce will grant untimely-filed requests for the extension of time
limits. Parties should review Commerce's regulations concerning the
extension of time limits prior to submitting extension requests in this
investigation.\39\
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\39\ 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 CVD proceeding
must certify to the accuracy and completeness of that information.\40\
Parties must use the certification formats provided in 19 CFR
351.303(g).\41\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\40\ See section 782(b) of the Act.
\41\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also
frequently asked questions regarding the Final Rule, 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. Instructions for filing such
applications may be found on the Commerce website at <a href="https://enforcement.trade.gov/apo">https://enforcement.trade.gov/apo</a>. Parties wishing to participate in this
investigation should ensure that they meet the requirements of 19 CFR
351.103(d) (e.g., by filing a letter of appearance). Note that Commerce
has temporarily modified certain of its requirements for serving
documents containing business proprietary information, until further
notice.\42\
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\42\ See Temporary Rule.
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This notice is issued and published pursuant to sections 702 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 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. 2022-08956 Filed 4-26-22; 8:45 am]
BILLING CODE 3510-DS-P
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