Notice2022-19523
Lemon Juice From Argentina: Continuation of Suspension of Antidumping 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
September 9, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
As a result of the respective determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that termination of the 2016 Agreement Suspending the Antidumping Duty Investigation on Lemon Juice from Argentina (2016 Agreement) and the underlying antidumping duty investigation on lemon juice from Argentina would likely lead to continuation or recurrence of dumping and material injury to an industry in the United States, Commerce is publishing this notice of continuation of the 2016 Agreement.
Full Text
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<title>Federal Register, Volume 87 Issue 174 (Friday, September 9, 2022)</title>
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[Federal Register Volume 87, Number 174 (Friday, September 9, 2022)]
[Notices]
[Pages 55397-55398]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-19523]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-357-818]
Lemon Juice From Argentina: Continuation of Suspension of
Antidumping Duty Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the respective determinations by the U.S.
Department of Commerce (Commerce) and the U.S. International Trade
Commission (ITC) that termination of the 2016 Agreement Suspending the
Antidumping Duty Investigation on Lemon Juice from Argentina (2016
Agreement) and the underlying antidumping duty investigation on lemon
juice from Argentina would likely lead to continuation or recurrence of
dumping
[[Page 55398]]
and material injury to an industry in the United States, Commerce is
publishing this notice of continuation of the 2016 Agreement.
DATES: Applicable September 9, 2022.
FOR FURTHER INFORMATION CONTACT: Sally C. Gannon or Jill Buckles,
Bilateral Agreements Unit, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230, telephone: (202) 482-0162 or (202)
482-6230, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 20, 2016, Commerce and substantially all producers/
exporters of lemon juice from Argentina signed the 2016 Agreement.\1\
On September 1, 2021, Commerce initiated,\2\ and the ITC instituted,\3\
the second sunset review of the suspended antidumping duty
investigation on lemon juice from Argentina, pursuant to section 751(c)
of the Tariff Act of 1930, as amended (the Act). As a result of its
review, pursuant to sections 751(c) and 752 of the Act, Commerce
determined that termination of the 2016 Agreement and suspended
antidumping duty investigation on lemon juice from Argentina would
likely lead to a continuation or recurrence of dumping and notified the
ITC of the magnitude of the margins likely to prevail, should the 2016
Agreement be terminated.\4\ On September 2, 2022, pursuant to section
751(c) of the Act, the ITC published its determination that termination
of the suspended antidumping duty investigation on lemon juice from
Argentina would be likely to lead to continuation or recurrence of
material injury to an industry in the United States within a reasonably
foreseeable time.\5\
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\1\ See Lemon Juice from Argentina: Continuation of Suspension
of Antidumping Investigation, 81 FR 74395 (October 26, 2016).
\2\ See Initiation of Five-Year (Sunset) Reviews, 86 FR 48983
(September 1, 2021).
\3\ See Lemon Juice from Argentina; Institution of a Five-Year
Review, 86 FR 49054 (September 1, 2021).
\4\ See 2016 Agreement Suspending the Antidumping Duty
Investigation on Lemon Juice from Argentina; Final Results of the
Expedited Second Sunset Review of the Suspension Agreement, 87 FR
215 (January 4, 2022).
\5\ See Lemon Juice from Argentina, 87 FR 54263 (September 2,
2022) (Investigation No. 731-TA-1105 (Second Review)).
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Scope of the 2016 Agreement
The product covered by the 2016 Agreement is lemon juice for
further manufacture, with or without addition of preservatives, sugar,
or other sweeteners, regardless of the GPL (grams per liter of citric
acid) level of concentration, brix level, brix/acid ratio, pulp
content, clarity, grade, horticulture method (e.g., organic or not),
processed form (e.g., frozen or not-from-concentrate), FDA standard of
identity, the size of the container in which packed, or the method of
packing.
Excluded from the scope are: (1) Lemon juice at any level of
concentration packed in retail-sized containers ready for sale to
consumers, typically at a level of concentration of 48 GPL; and (2)
beverage products such as lemonade that typically contain 20% or less
lemon juice as an ingredient.
Lemon juice is classifiable under subheadings 2009.39.6020,
2009.31.6020, 2009.31.4000, 2009.31.6040, and 2009.39.6040 of the
Harmonized Tariff Schedule of the United States (HTSUS). While HTSUS
subheadings are provided for convenience and customs purposes, our
written description of the scope of the 2016 Agreement is dispositive.
Continuation of Suspension of Investigation
As a result of the respective determinations by Commerce and the
ITC that termination of the 2016 Agreement and suspended antidumping
duty investigation on lemon juice from Argentina would likely lead to
continuation or recurrence of dumping and material injury to an
industry in the United States, consistent with section 751(d)(2) of the
Act, Commerce hereby gives notice of the continuation of the 2016
Agreement. The effective date of continuation will be the date of
publication in the Federal Register of this notice of continuation.
Pursuant to section 751(c)(2) of the Act and 19 CFR 351.218(c)(2),
Commerce intends to initiate the next five-year review of the 2016
Agreement not later than 30 days prior to the fifth anniversary of the
effective date of continuation.
Administrative Protective Order
This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return/destruction or conversion to judicial protective
order of proprietary information disclosed under APO in accordance with
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which
may be subject to sanctions.
Notification to Interested Parties
This five-year (sunset) review and notice are in accordance with
section 751(c) of the Act and published pursuant to section 777(i)(1)
of the Act and 19 CFR 351.218(f)(4).
Dated: September 2, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-19523 Filed 9-8-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 9, 2022.
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