Notice2022-28012
Certain Lemon Juice From the Republic of South Africa: Final Affirmative Determination of Sales at Less Than Fair Value
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
December 23, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that certain lemon juice (lemon juice) from the Republic of South Africa (South Africa) is being, or is likely to be, sold in the United States at less than fair value (LTFV).
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 246 (Friday, December 23, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 246 (Friday, December 23, 2022)]
[Notices]
[Pages 78928-78929]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-28012]
[[Page 78928]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-791-827]
Certain Lemon Juice From the Republic of South Africa: Final
Affirmative Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
certain lemon juice (lemon juice) from the Republic of South Africa
(South Africa) is being, or is likely to be, sold in the United States
at less than fair value (LTFV).
DATES: Applicable December 23, 2022.
FOR FURTHER INFORMATION CONTACT: Elizabeth Bremer or Zachary Shaykin,
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) 482-4987 or (202)
482-2638, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 4, 2022, Commerce published the Preliminary
Determination.\1\ On September 15, 2022, Commerce postponed the final
determination of this investigation.\2\ A summary of the events that
occurred since Commerce published the Preliminary Determination, as
well as a full discussion of the issues raised by parties for this
final determination, may be found in the Issues and Decision
Memorandum.\3\
---------------------------------------------------------------------------
\1\ See Certain Lemon Juice From the Republic of South Africa:
Preliminary Affirmative Determination of Sales at Less Than Fair
Value, 87 FR 47707 (August 4, 2022) (Preliminary Determination), and
accompanying Preliminary Decision Memorandum.
\2\ See Certain Lemon Juice From the Republic of South Africa:
Postponement of Final Determination and Extension of Provisional
Measures, 87 FR 56631 (September 15, 2022).
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Less-Than-Fair-Value
Investigation of Certain Lemon Juice From the Republic of South
Africa,'' dated concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum)
---------------------------------------------------------------------------
Period of Investigation
The period of investigation is October 1, 2020, through September
30, 2021.
Scope of the Investigation
The products covered by this investigation are certain lemon juice
from South Africa. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
No interested party commented on the scope of the investigation as
it appeared in the Preliminary Determination. Therefore, no changes
were made to the scope of the investigation.
Analysis of Comments Received
All issues raised in the case briefs and rebuttal briefs submitted
by interested parties in this proceeding are discussed in the Issues
and Decision Memorandum. A list of the issues raised by parties and
responded to by Commerce in the Issues and Decision Memorandum is
attached to this notice as Appendix II. The Issues and Decision
Memorandum is a public document and is available 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 Issues and Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Verification
Commerce conducted verification of the information relied upon in
making its final determination in this investigation with respect to
Cape Fruit Processors (Pty) Ltd. (Cape Fruit), in accordance with
section 782(i) of the Tariff Act of 1930, as amended (the Act).\4\
Specifically, Commerce conducted on-site verifications of the home
market sales, U.S. sales, and cost of production responses submitted by
Cape Fruit.
---------------------------------------------------------------------------
\4\ See Memoranda, ``Verification of the Sales Questionnaire
Responses of Cape Fruit Processors (Pty) Ltd. in the Antidumping
Duty Investigation of Certain Lemon Juice from the Republic of South
Africa,'' dated October 4, 2022; and '' Verification of the Cost
Responses of Cape Fruit Processors (Pty) Ltd. in the Antidumping
Duty Investigation of Lemon Juice from the Republic of South
Africa,'' dated October 5, 2022.
---------------------------------------------------------------------------
Changes Since the Preliminary Determination
Based on our analysis of the comments received and additional
information obtained since our preliminary findings, we made certain
changes to the margin calculation for Cape Fruit and certain changes to
the rate for Granor Passi (Pty) Ltd. (Granor Passi) after the
Preliminary Determination. For a discussion of these changes, see the
Issues and Decision Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated
weighted-average dumping margin for all other producers and exporters
not individually investigated shall be equal to the weighted average of
the estimated weighted-average dumping margins established for
individually investigated exporters and producers, excluding any
margins that are zero or de minimis or any margins determined entirely
under section 776 of the Act.
In this investigation, Commerce assigned a rate based entirely on
facts available to Granor Passi. Therefore, the only rate that is not
zero, de minimis, or based entirely on facts otherwise available is the
rate calculated for Cape Fruit. Consequently, the rate calculated for
Cape Fruit is also assigned as the rate for all other producers and
exporters.
Final Determination
The estimated weighted-average dumping margins are as follows:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Cape Fruit Processors (Pty) Ltd............................. 47.89
Granor Passi (Pty) Ltd...................................... * 73.69
All Others.................................................. 47.89
------------------------------------------------------------------------
* Based on total facts available with adverse inferences (AFA). For a
full description of the methodology underlying our conclusions
regarding the application of AFA, see the Issues and Decision
Memorandum.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this final determination within five
days of any public announcement or, if there is no public announcement,
within five days of the date of publication of this notice in
accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we will
instruct U.S. Customs and Border Protection (CBP) to continue the
suspension of liquidation of all appropriate entries of subject
merchandise, as described in Appendix I of this notice, which were
entered, or withdrawn from warehouse, for consumption on or after
August 4, 2022, the date of publication of the Preliminary
Determination in this investigation in the Federal Register.
Pursuant to section 735(c)(1)(B)(ii) of the Act, we will instruct
CBP to require a cash deposit equal to the estimated
[[Page 78929]]
amount by which the normal value exceeds the U.S. price in this final
determination, as follows: (1) the cash deposit rate for each of the
respondents listed in the table above is the company-specific cash
deposit rate listed for the respondent in the table; (2) if the
exporter is not a respondent listed in the table above, but the
producer is, then the cash deposit rate is the company-specific cash
deposit rate listed for the producer of the subject merchandise in the
table above; and (3) the cash deposit rate for all other producers and
exporters is the all-others cash deposit rate listed in the table
above. These suspension of liquidation instructions will remain in
effect until further notice.
U.S. International Trade Commission Notification
In accordance with section 735(d) of the Act, Commerce will notify
the U.S. International Trade Commission (ITC) of its final affirmative
determination of sales at LTFV. Because the final determination in this
proceeding is affirmative, in accordance with section 735(b)(2) of the
Act, the ITC will make its final determination as to whether the
domestic industry in the United States is materially injured, or
threatened with material injury, no later than 45 days after our final
determination. If the ITC determines that material injury or threat of
material injury does not exist, the proceeding will be terminated, and
all cash deposits will be refunded. If the ITC determines that material
injury or threat of material injury does exist, Commerce will issue an
antidumping duty order directing CBP to assess, upon further
instruction by Commerce, antidumping duties on all imports of the
subject merchandise, entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation.
Administrative Protective Order
This notice serves as the only reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the
return or destruction of APO materials or conversion to judicial
protective order is hereby requested. Failure to comply with the
regulations and the terms of an APO is a violation subject to sanction.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 735(d) and 777(i) of the Act, and 19 CFR 351.210(c).
Dated: December 19, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The product covered by this investigation 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 this investigation.
Only the subject lemon juice component of such blended merchandise
is covered by the scope of this investigation. 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 this investigation 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 this investigation is
dispositive.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Changes Since the Preliminary Determination
V. Discussion of the Issues
Comment 1: Whether to Apply Total Adverse Facts Available (AFA)
to Cape Fruit Processors
Comment 2: Whether to Continue to Apply Total AFA to Granor
Passi
VI. Recommendation
[FR Doc. 2022-28012 Filed 12-22-22; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on December 23, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.