Notice2022-19190
White Grape Juice Concentrate From Argentina: Preliminary Affirmative Countervailing Duty Determination
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 6, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of white grape juice concentrate from Argentina. The period of investigation is January 1, 2021, through December 31, 2021. Interested parties are invited to comment on this preliminary determination.
Full Text
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<title>Federal Register, Volume 87 Issue 171 (Tuesday, September 6, 2022)</title>
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[Federal Register Volume 87, Number 171 (Tuesday, September 6, 2022)]
[Notices]
[Pages 54455-54456]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-19190]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-357-826]
White Grape Juice Concentrate From Argentina: Preliminary
Affirmative Countervailing Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies are being provided to
producers and exporters of white grape juice concentrate from
Argentina. The period of investigation is January 1, 2021, through
December 31, 2021. Interested parties are invited to comment on this
preliminary determination.
DATES: Applicable September 6, 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:
Background
This preliminary determination is made in accordance with section
703(b) of the Tariff Act of 1930, as amended (the Act). On April 20,
2022, Commerce initiated a countervailing duty (CVD) investigation of
imports of white grape juice concentrate from Argentina.\1\ On June 9,
2022, Commerce postponed the preliminary determination until August 29,
2022.\2\ For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Determination
Memorandum.\3\ A list of topics discussed in the Preliminary Decision
Memorandum is included as Appendix II to this notice. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\1\ See White Grape Juice Concentrate from the Republic of
Argentina: Initiation of Countervailing Duty Investigation, 87 FR
24945 (April 27, 2022) (Initiation Notice).
\2\ See White Grape Juice Concentrate from Argentina:
Postponement of Preliminary Determination in the Countervailing Duty
Investigation, 87 FR 35164 (June 9, 2022).
\3\ See Memorandum, ``Decision Memorandum for the Affirmative
Preliminary Determination in the Countervailing Duty Investigation
of White Grape Juice Concentrate from Argentina,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Investigation
The product covered by this investigation is white grape juice
concentrate from Argentina. For a complete description of the scope of
this investigation, see Appendix I.
Scope Comments
In accordance with the Preamble to Commerce's regulations,\4\
Commerce set aside a period of time in the Initiation Notice for
parties to raise issues regarding product coverage (i.e., scope).\5\
Commerce received no comments from interested parties concerning the
scope of the concurrent antidumping duty and CVD investigations of WGJC
from Argentina.\6\
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\4\ See Antidumping Duties; Countervailing Duties; Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice, 87 FR at 24946.
\6\ Although Commerce received comments within this deadline
from Delano Growers Grape Products, LLC (the petitioner), these
comments did not relate to the scope language published in the
Initiation Notice. See Petitioner's Letter, ``Petition for the
Imposition of Antidumping and Countervailing Duties: White Grape
Juice Concentrate from Argentina,'' dated May 24, 2022.
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Methodology
Commerce is conducting this investigation in accordance with
section 701 of the Act. For each of the subsidy programs found to be
countervailable, Commerce preliminarily determines that there is a
subsidy, i.e., a financial contribution by an ``authority'' that gives
rise to a benefit to the recipient, and that the subsidy is
specific.\7\
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\7\ See section 771(5)(B) of the Act regarding financial
contribution; section 771(5)(E) of the Act regarding benefit; and
section 771(5A) of the Act regarding specificity.
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All-Others Rate
Sections 703(d) and 705(c)(5)(A) of the Act provide that in the
preliminary determination, Commerce shall determine an estimated all-
others rate for companies not individually examined. This rate shall be
an amount equal to the weighted average of the estimated subsidy rates
established for those companies individually examined, excluding any
zero and de minimis rates and any rates based entirely under section
776 of the Act.
In this investigation, Commerce calculated estimated
countervailable subsidy rates for Cepas Argentinas S.A. (Cepas) and for
Federacion de Cooperativas Vitivinicolas Argentinas Coop. Ltda
(Fecovita), the two individually-examined exporters/producers, that are
not zero, de minimis, or based entirely on facts otherwise available.
Commerce calculated the all-others rate using a weighted average of the
individual estimated subsidy rates calculated for the examined
respondents using each company's publicly-ranged sales values for the
merchandise under consideration.\8\
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\8\ With two respondents under examination, Commerce normally
calculates: (A) a weighted-average of the estimated subsidy rates
calculated for the examined respondents; (B) a simple average of the
estimated subsidy rates calculated for the examined respondents; and
(C) a weighted-average of the estimated subsidy rates calculated for
the examined respondents using each company's publicly-ranged U.S.
sales values for the merchandise under consideration. Commerce then
compares (B) and (C) to (A) and selects the rate closest to (A) as
the most appropriate rate for all other producers and exporters. For
a complete analysis of the data, see Memorandum, ``Preliminary
Determination of Subsidy Rate for All Others,'' dated April 29,
2022.
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Preliminary Determination
Commerce preliminarily determines that the following estimated net
countervailable subsidy rates exist:
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Subsidy rate
Company (percent ad
valorem)
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Cepas Argentinas S.A. \9\............................... 3.71
Federacion de Cooperativas Vitivinicolas Argentinas 7.16
Coop. Ltda \10\........................................
All Others.............................................. 5.54
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Suspension of Liquidation
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\9\ As discussed in the Preliminary Decision Memorandum,
Commerce has preliminarily found Cepas Argentinas S.A. and San
Lamberto Inversiones S.A. to be cross-owned, pursuant to 19 CFR
351.525(b)(6)(vi).
\10\ Fecovita is also known as ``Fecovita Coop Ltd.'' See
Memorandum, ``Respondent Selection,'' dated June 3, 2022.
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In accordance with sections 703(d)(1)(B) and (d)(2) of the Act,
[[Page 54456]]
Commerce will direct U.S. Customs and Border Protection (CBP) to
suspend liquidation of entries of subject merchandise as described in
the scope of the investigation section entered, or withdrawn from
warehouse, for consumption on or after the date of publication of this
notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d),
Commerce will instruct CBP to require a cash deposit equal to the rates
indicated above.
Disclosure
Commerce intends to disclose its calculations and analysis
performed in this preliminary determination to interested parties
within five days of its public announcement, or if there is no public
announcement, within five days of the date of this notice in accordance
with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the last verification report is issued in this
investigation. Rebuttal briefs, limited to issues raised in case
briefs, may be submitted no later than seven days after the deadline
date for case briefs.\11\ Note that Commerce has temporarily modified
certain of its requirements for serving documents containing business
proprietary information, until further notice.\12\ Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who submit case or rebuttal briefs in
this investigation are encouraged to submit with each argument: (1) a
statement of the issue; (2) a brief summary of the argument; and (3) a
table of authorities.
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\11\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\12\ 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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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance within 30 days after the date of publication
of this notice. Requests should contain the party's name, address, and
telephone number, the number of participants, whether any participant
is a foreign national, and a list of the issues to be discussed. If a
request for a hearing is made, Commerce intends to hold the hearing at
a time and date to be determined. Parties should confirm by telephone
the date, time, and location of the hearing two days before the
scheduled date.
U.S. International Trade Commission Notification
In accordance with section 703(f) of the Act, Commerce will notify
the U.S. International Trade Commission (ITC) of its determination. If
the final determination is affirmative, the ITC will determine before
the later of 120 days after the date of this preliminary determination
or 45 days after the final determination whether imports of white grape
juice concentrate from Argentina are materially injuring, or threaten
material injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act, and 19 CFR 351.205(c).
Dated: August 29, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
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.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Injury Test
IV. Scope Comments
V. Scope of the Investigation
VI. Subsidies Valuation
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2022-19190 Filed 9-2-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 6, 2022.
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