Notice2023-03282
Certain Lemon Juice From Brazil and the Republic of South Africa: Antidumping Duty Orders
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
February 16, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
Based on affirmative final determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC), Commerce is issuing antidumping duty orders on certain lemon juice (lemon juice) from Brazil and the Republic of South Africa (South Africa).
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 32 (Thursday, February 16, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 32 (Thursday, February 16, 2023)]
[Notices]
[Pages 10088-10090]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-03282]
[[Page 10088]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Adminstration
[A-351-858, A-791-827]
Certain Lemon Juice From Brazil and the Republic of South Africa:
Antidumping Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the U.S.
Department of Commerce (Commerce) and the U.S. International Trade
Commission (ITC), Commerce is issuing antidumping duty orders on
certain lemon juice (lemon juice) from Brazil and the Republic of South
Africa (South Africa).
DATES: Applicable February 16, 2023.
FOR FURTHER INFORMATION CONTACT: Dakota Potts (Brazil) or Elizabeth
Bremer and Zachary Shaykin (South Africa), 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) 482-0223, (202) 482-4987, or (202) 482-2638,
respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(d) and 777(i) of the Tariff Act of
1930, as amended (the Act), on December 23, 2022, Commerce published
its affirmative final determinations in the less-than-fair-value (LTFV)
investigations of lemon juice from Brazil and South Africa.\1\ On
February 6, 2023, the ITC notified Commerce of its final
determinations, pursuant to section 735(d) of the Act, that an industry
in the United States is materially injured within the meaning of
section 735(b)(1)(A)(i) of the Act by reason of LTFV imports of lemon
juice from Brazil and South Africa.\2\
---------------------------------------------------------------------------
\1\ See Certain Lemon Juice from Brazil: Final Affirmative
Determination of Sales at Less Than Fair Value, 87 FR 78939
(December 23, 2022); see also Certain Lemon Juice from the Republic
of South Africa: Final Affirmative Determination of Sales at Less
Than Fair Value, 87 FR 78928 (December 23, 2023).
\2\ See ITC's Letter, Investigation Nos. 731-TA-1578-1579
(Final), dated February 6, 2023; see also Lemon Juice from Brazil
and South Africa, 88 FR 8912 (February 10, 2023).
---------------------------------------------------------------------------
Scope of the Orders
The product covered by these orders is lemon juice from Brazil and
South Africa. For a complete description of the scope of the orders,
see the appendix to this notice.
Antidumping Duty Orders
Based on the above-referenced affirmative final determinations by
the ITC that an industry in the United States is materially injured
within the meaning of section 735(b)(1)(A)(i) of the Act by reason of
LTFV imports of lemon juice from Brazil and South Africa,\3\ in
accordance with sections 735(c)(2) and 736 of the Act, Commerce is
issuing these antidumping duty orders. Moreover, because the ITC
determined that imports of lemon juice from Brazil and South Africa are
materially injuring a U.S. industry, unliquidated entries of such
merchandise from Brazil and South Africa, entered or withdrawn from
warehouse for consumption, are subject to the assessment of antidumping
duties.
---------------------------------------------------------------------------
\3\ Id.
---------------------------------------------------------------------------
Therefore, in accordance with section 736(a)(1) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by Commerce, antidumping duties equal
to the amount by which the normal value of the merchandise exceeds the
export price (or constructed export price) of the merchandise, for all
relevant entries of lemon juice from Brazil and South Africa. With the
exception of entries occurring after the expiration of the provisional
measures period and before publication of the ITC's final affirmative
injury determinations, as further described below, antidumping duties
will be assessed on unliquidated entries of lemon juice from Brazil and
South Africa entered, or withdrawn from warehouse, for consumption, on
or after August 4, 2022, the date of publication of the Preliminary
Determinations in the Federal Register.\4\
---------------------------------------------------------------------------
\4\ See Certain Lemon Juice from Brazil: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Postponement of
Final Determination, and Extension of Provisional Measures, 87 FR
47697 (August 4, 2022) (Brazil Preliminary Determination); see also
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) (South Africa Preliminary Determination); and
Certain Lemon Juice from the Republic of South Africa: Postponement
of Final Determination and Extension of Provisional Measures, 87 FR
56631 (September 15, 2022) (South Africa Postponement Notice).
---------------------------------------------------------------------------
Continuation of Suspension of Liquidation and Cash Deposits
Except as noted in the ``Provisional Measures'' section of this
notice, in accordance with section 736 of the Act, Commerce will
instruct CBP to continue to suspend liquidation on all relevant entries
of lemon juice from Brazil and South Africa. These instructions
suspending liquidation will remain in effect until further notice.
Commerce will also instruct CBP to require cash deposits equal to
the amounts indicated below. Accordingly, effective on the date of
publication in the Federal Register of the notice of the ITC's final
affirmative injury determination, CBP will require, at the same time as
importers would normally deposit estimated duties on this subject
merchandise, a cash deposit equal to the cash deposit rates listed in
the table below. The all-others rate applies to all producers or
exporters not specifically listed, as appropriate.
Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins are as follows:
Brazil
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Citrus Juice Eireli......................................... 22.31
Louis Dreyfus Company Sucos S.A............................. \5\ 0.00
All Others.................................................. 22.31
------------------------------------------------------------------------
South Africa
---------------------------------------------------------------------------
\5\ Merchandise produced and exported by Louis Dreyfus Company
Sucos S.A. (LDC) is excluded from the Brazil order. This exclusion
does not apply to merchandise produced by LDC and exported by any
other company or merchandise produced by any other company and
exported by LDC. Resellers of merchandise produced by LDC are also
not entitled to this exclusion.
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Cape Fruit Processors Pty. Ltd.............................. 47.89
Granor Passi (Pty.) Ltd..................................... 73.69
All Others.................................................. 47.89
------------------------------------------------------------------------
Provisional Measures
Section 733(d) of the Act states that suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months, except where exporters representing a
significant proportion of exports of the subject merchandise request
that Commerce extend the four-month period to no more than six months.
At the request of exporters that account for a significant proportion
of exports of lemon juice from Brazil and South Africa, Commerce
extended the four-month period to six months in
[[Page 10089]]
these investigations.\6\ Commerce published the Preliminary
Determinations on August 4, 2022.\7\
---------------------------------------------------------------------------
\6\ See Brazil Preliminary Determination; see also South Africa
Postponement Notice.
\7\ See Brazil Preliminary Determination; see also South Africa
Preliminary Determination.
---------------------------------------------------------------------------
The extended provisional measures period, beginning on the date of
publication of the Preliminary Determinations, ended on January 30,
2023. Therefore, in accordance with section 733(d) of the Act and our
practice,\8\ Commerce will instruct CBP to terminate the suspension of
liquidation and to liquidate, without regard to antidumping duties,
unliquidated entries of lemon juice from Brazil and South Africa
entered, or withdrawn from warehouse, for consumption after January 30,
2023, the final day on which the provisional measures were in effect,
until and through the day preceding the date of publication of the
ITC's final affirmative injury determinations in the Federal Register.
Suspension of liquidation and the collection of cash deposits will
resume on the date of publication of the ITC's final determinations in
the Federal Register.
---------------------------------------------------------------------------
\8\ See, e.g., Certain Corrosion-Resistant Steel Products from
India, the People's Republic of China, the Republic of Korea and
Taiwan: Amended Final Affirmative Antidumping Determination for
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390, 48392
(July 25, 2016).
---------------------------------------------------------------------------
Establishment of the Annual Inquiry Service Lists
On September 20, 2021, Commerce published the final rule titled
``Regulations to Improve Administration and Enforcement of Antidumping
and Countervailing Duty Laws'' in the Federal Register.\9\ On September
27, 2021, Commerce also published the notice titled ``Scope Ruling
Application; Annual Inquiry Service List; and Informational Sessions''
in the Federal Register.\10\ The Final Rule and Procedural Guidance
provide that Commerce will maintain an annual inquiry service list for
each order or suspended investigation, and any interested party
submitting a scope ruling application or request for circumvention
inquiry shall serve a copy of the application or request on the persons
on the annual inquiry service list for that order, as well as any
companion order covering the same merchandise from the same country of
origin.\11\
---------------------------------------------------------------------------
\9\ See Regulations to Improve Administration and Enforcement of
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20,
2021) (Final Rule).
\10\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
\11\ Id.
---------------------------------------------------------------------------
In accordance with the Procedural Guidance, for orders published in
the Federal Register after November 4, 2021, Commerce will create an
annual inquiry service list segment in Commerce's online e-filing and
document management system, Antidumping and Countervailing Duty
Electronic Service System (ACCESS), available at <a href="https://access.trade.gov">https://access.trade.gov</a>, within five business days of publication of the
notice of the order. Each annual inquiry service list will be saved in
ACCESS, under each case number, and under a specific segment type
called ``AISL-Annual Inquiry Service List.'' \12\
---------------------------------------------------------------------------
\12\ This segment will be combined with the ACCESS Segment
Specific Information (SSI) field which will display the month in
which the notice of the order or suspended investigation was
published in the Federal Register, also known as the anniversary
month. For example, for an order under case number A-000-000 that
was published in the Federal Register in January, the relevant
segment and SSI combination will appear in ACCESS as ``AISL-January
Anniversary.'' Note that there will be only one annual inquiry
service list segment per case number, and the anniversary month will
be pre-populated in ACCESS.
---------------------------------------------------------------------------
Interested parties who wish to be added to the annual inquiry
service list for an order must submit an entry of appearance to the
annual inquiry service list segment for the order in ACCESS within 30
days after the date of publication of the order. For ease of
administration, Commerce requests that law firms with more than one
attorney representing interested parties in an order designate a lead
attorney to be included on the annual inquiry service list. Commerce
will finalize the annual inquiry service list within five business days
thereafter. As mentioned in the Procedural Guidance, the new annual
inquiry service list will be in place until the following year, when
the Opportunity Notice for the anniversary month of the order is
published.
Commerce may update an annual inquiry service list at any time as
needed based on interested parties' amendments to their entries of
appearance to remove or otherwise modify their list of members and
representatives, or to update contact information. Any changes or
announcements pertaining to these procedures will be posted to the
ACCESS website at <a href="https://access.trade.gov">https://access.trade.gov</a>.
Special Instructions for Petitioners and Foreign Governments
In the Final Rule, Commerce stated that, ``after an initial request
and placement on the annual inquiry service list, both petitioners and
foreign governments will automatically be placed on the annual inquiry
service list in the years that follow.'' \13\ Accordingly, as stated
above, the petitioners and foreign governments should submit their
initial entry of appearance after publication of this notice in order
to appear in the first annual inquiry service list. Pursuant to 19 CFR
351.225(n)(3), the petitioners and foreign governments will not need to
resubmit their entries of appearance each year to continue to be
included on the annual inquiry service list. However, the petitioners
and foreign governments are responsible for making amendments to their
entries of appearance during the annual update to the annual inquiry
service list in accordance with the procedures described above.
---------------------------------------------------------------------------
\13\ See Final Rule, 86 FR at 52335.
---------------------------------------------------------------------------
Notification to Interested Parties
This notice constitutes the antidumping duty orders with respect to
lemon juice from Brazil and South Africa pursuant to section 736(a) of
the Act. Interested parties can find a list of antidumping duty orders
currently in effect at <a href="https://www.trade.gov/data-visualization/adcvd-proceedings">https://www.trade.gov/data-visualization/adcvd-proceedings</a>.
These orders are published in accordance with section 736(a) of the
Act and 19 CFR 351.211(b).
Dated: February 10, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Orders
The product covered by these orders 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,
[[Page 10090]]
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 these orders. Only
the subject lemon juice component of such blended merchandise is
covered by the scope of these orders. 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 these orders 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 these orders is dispositive.
[FR Doc. 2023-03282 Filed 2-15-23; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on February 16, 2023.
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.