Notice2025-01678
Lemon Juice From Argentina: Amendment to the Agreement Suspending the 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
January 24, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) and a representative of the signatory lemon juice producers/exporters accounting for substantially all imports of lemon juice from Argentina have signed an amendment to the Agreement Suspending the Antidumping Duty Investigation on Lemon Juice from Argentina (2016 Agreement) (collectively, amended 2016 Agreement). The amendment to the 2016 Agreement revises the reference prices and provides for enhanced monitoring and enforcement mechanisms.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 15 (Friday, January 24, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 15 (Friday, January 24, 2025)]
[Notices]
[Pages 8116-8119]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-01678]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-357-818]
Lemon Juice From Argentina: Amendment to the Agreement Suspending
the Antidumping Duty Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) and a
representative of the signatory lemon juice producers/exporters
accounting for substantially all imports of lemon juice from Argentina
have signed an amendment to the Agreement Suspending the Antidumping
Duty Investigation on Lemon Juice from Argentina (2016 Agreement)
(collectively, amended 2016 Agreement). The amendment to the 2016
Agreement revises the reference prices and provides for enhanced
monitoring and enforcement mechanisms.
DATES: Applicable January 17, 2025.
FOR FURTHER INFORMATION CONTACT: Sally C. Gannon or Jill Buckles at
(202) 482-0162 or (202) 482-6230, respectively; Bilateral Agreements
Unit, Office of Policy, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On September 10, 2007, Commerce entered into an agreement to
suspend the antidumping duty investigation on lemon juice from
Argentina.\1\ On October 20, 2016, Commerce and producers/exporters
accounting for substantially all imports of lemon juice from Argentina
signed the 2016 Agreement.\2\
---------------------------------------------------------------------------
\1\ See Suspension of Antidumping Duty Investigation: Lemon
Juice From Argentina, 72 FR 53991 (September 21, 2007) (2007
Agreement).
\2\ See Lemon Juice from Argentina: Continuation of Suspension
of Antidumping Investigation, 81 FR 74395 (October 26, 2016).
---------------------------------------------------------------------------
On May 22, 2024, Commerce formally opened consultations with the
signatory producers/exporters with respect to possible revisions to the
2016 Agreement.\3\ On December 20, 2024, Commerce released a draft
initialed agreement and invited comments from interested parties.\4\ On
January 2, 2025, Commerce released its draft statutory assessment
memorandum pursuant to the draft amendment and invited interested party
comments.\5\ We received comments on the draft amendment from the
following parties: Ventura Coastal, LLC (petitioner); Latin Lemon S.A.
and Cooperativa de Productores Citricolas de Tafi Viejo (collectively,
Latin Lemon and COTA); the Government of Argentina (GOA); and S.A. San
Miguel A.G.I.C.I. y F, La Moraleja S.A., Citromax S.A.C.I., Vicente
Trapani S.A., Citrusvil S.A., Pablo Padilla, Ledesma S.A.A.I.,
Ram[oacute]n Tuma S.A., Argenti Lemon S.A., FGF Trapani S.A., Acheral,
Litoral Citrus, Veracruz, Los Pempa Agroganadera S.A., and
Induc[iacute]trica S.A (collectively, Argentine Exporters). In
addition, Commerce received comments on the draft statutory assessment
memorandum from the GOA.
---------------------------------------------------------------------------
\3\ See Commerce's Letter, ``Consultations on Potential
Amendment to the 2016 Agreement Suspending the Antidumping Duty
Investigation on Lemon Juice from Argentina,'' dated May 22, 2024.
\4\ See Commerce's Letter, ``Draft Amendment to the Agreement
Suspending the Antidumping Duty Investigation on Lemon Juice from
Argentina,'' dated December 20, 2024.
\5\ See Commerce's Letter, ``Draft Amendment to the Agreement
Suspending the Antidumping Duty Investigation on Lemon Juice from
Argentina: Draft Assessment of Statutory Requirements Memorandum,''
dated January 2, 2025.
---------------------------------------------------------------------------
Amendment to the 2016 Agreement
On January 17, 2025, after consideration of the interested party
and other comments received, Commerce and a representative of the
signatory producers/exporters accounting for substantially all imports
of lemon juice from Argentina signed a finalized amendment to the 2016
Agreement.\6\ In accordance with section 734(c) of the Act, we have
determined that extraordinary circumstances, as defined by section
734(c)(2)(A) of the Act, exist with respect to the amended 2016
Agreement. We have also determined that the amended 2016 Agreement will
eliminate completely the injurious effect of exports to the United
States of the subject merchandise and prevent the suppression or
undercutting of price levels of domestic lemon juice by imports of that
merchandise from Argentina, as required by section 734(c)(1) of the
Act. We have also determined that the amended 2016 Agreement is in the
public interest and can be monitored effectively, as required under
section 734(d) of the Act. For these reasons, we find that the amended
2016 Agreement meets the criteria of section 734(c) and (d) of the Act.
The text of the amendment to the
[[Page 8117]]
2016 Agreement follows in the Annex of this notice.
---------------------------------------------------------------------------
\6\ See Memorandum, ``Amendment to the Agreement Suspending the
Antidumping Duty Investigation on Lemon Juice from Argentina,''
dated January 17, 2025.
---------------------------------------------------------------------------
Scope of the Amended 2016 Agreement
The product covered by this amended 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 this 2016 Agreement is dispositive.
Administrative Protective Order Access
The administrative protective order (APO) Commerce granted in the
suspension agreement segment of this proceeding remains in place and
effective for the amended 2016 Agreement. All new interested parties
requesting access to business proprietary information submitted during
the administration of the amended 2016 Agreement, under the APO
currently in effect, must submit an APO application in accordance with
Commerce's regulations currently in effect.\7\
---------------------------------------------------------------------------
\7\ See section 777(c)(1) of the Act; see also 19 CFR 351.103,
351.304, 351.305, and 351.306.
---------------------------------------------------------------------------
We are issuing and publishing this notice in accordance with
section 734(f)(1)(A) of the Act and 19 CFR 351.208(g)(2).
Dated: January 17, 2025.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Annex: Amendment to the Agreement Suspending the Antidumping Duty
Investigation on Lemon Juice From Argentina
The Agreement Suspending the Antidumping Duty Investigation on
Lemon Juice from Argentina signed on October 20, 2016 (2016 Agreement)
is amended as set forth below (2025 Amendment) (collectively,
Agreement).
If a provision of the 2016 Agreement conflicts with a provision of
this 2025 Amendment, the provision of the 2025 Amendment shall
supersede the provision of the 2016 Agreement to the extent of the
conflict. All other provisions of the 2016 Agreement and their
applicability continue with full force.
The United States Department of Commerce (the Department) and the
signatory producers and exporters of Lemon Juice from Argentina
(individually, Signatory; collectively, Signatories) hereby agree as
follows:
Section II--Definitions--is amended as follows:
Section II.D is replaced with the following (changes in italics):
``Effective Date of the 2016 Agreement'' means the date on which
the Department and the signatory producers and exporters signed the
2016 Agreement. Additionally, the ``Effective Date of the 2025
Amendment'' means the date on which the Department and the Signatories
sign the 2025 Amendment.
New Section II.K is added as follows:
``Adjustment Mechanism'' is the means by which the Reference Prices
may change as described in Appendix I.
Section VI--Price Undertaking--is amended as follows:
The first paragraph is replaced with the following (changes in
italics):
Each Signatory individually agrees that, to prevent price
suppression or undercutting, it will not sell for export to the United
States, on or after the Effective Date of the 2025 Amendment, Lemon
Juice at prices that are less than the Reference Prices established in
Appendix 1I (as amended by the 2025 Amendment), except for shipments
pursuant to Section VII.C.4 which must be sold at prices that are at or
above the Reference Prices established in Appendix I of the 2016
Agreement for sales from signatory producers/exporters to the 2016
Agreement.
Section VII--Monitoring of the Agreement--is amended as follows:
Section VII.C--Shipping and Other Arrangements--is amended as
follows by replacing Paragraphs 1 through 3 with the following (changes
in italics) and adding new Paragraphs 4 and 5 as follows:
1. All rReference pPrices will be expressed in U.S. $/Gallon in
accordance with Appendix I of this Agreement. All rReference pPrices
are F.O.B. Buenos Aires, Argentina. The Reference Prices may be
adjusted by means of the Adjustment Mechanism described in Appendix I.
2. Signatories agree not to take any action that would circumvent
or otherwise evade, or defeat the purpose of, this Agreement.
Signatories agree to undertake any measures that will help to prevent
circumvention, including entering into consultations with the
Department, as requested, under Section VII.E.1 of the Agreement.
3. Not later than thirty days after the end of each quarter, each
Signatory will submit a written statement to the Department certifying
that all sales during the most recently completed quarter were at net
prices (after rebates, back billing, discounts for quality and other
claims) at or above the Reference Prices in effect and were not part
of, or related to, any act or practice which would have the effect of
hiding the real price of the Lemon Juice being sold. Further, each
Signatory will certify in this same statement that all sales made
during the relevant quarter were not part of or related to any bundling
arrangement, discounts/free goods/financing package, end-of-year
rebates, swap, or other exchange where such arrangement is designed to
circumvent the basis of the Agreement. Each Signatory will also include
the quantity and value of sales, by product type, and, separately, of
shipments, by product type, during the most recently completed quarter.
Each Signatory will additionally submit a written statement to the
Department certifying that neither it nor its affiliates has undertaken
any exports of Lemon Juice to the United States made indirectly through
third countries that are not in compliance with or are otherwise
circumventing the Agreement. Each Signatory that did not export Lemon
Juice to the United States during any given quarter will submit a
written statement to the Department certifying that it made no sales to
the United States during the most recently completed quarter. Each
Signatory agrees to permit full verification of its these quarterly
certifications as the Department deems necessary. Failure to provide a
the relevant quarterly certifications may be considered a Violation of
the Agreement.
4. For the period from the Effective Date of the 2025 Amendment
through 30 days from Effective Date of the 2025 Amendment, Signatories
may proceed with shipments of Lemon Juice to their first unaffiliated
U.S. customers made pursuant to any and all sales agreements entered
into prior to the Effective Date
[[Page 8118]]
of the 2025 Amendment. All such shipments must have physically entered
into the United States no later than 30 days from the Effective Date of
the 2025 Amendment and, for signatory producers/exporters to the 2016
Agreement, must be in compliance with the terms, including the
Reference Prices in Appendix I and subsequent updates, of the 2016
Agreement.
Any Signatory making shipments during the above-referenced period
(i.e., 30 days from the Effective Date of the 2025 Amendment) of
subject merchandise pursuant to sales agreements entered into prior to
the Effective Date of the 2025 Amendment must provide a one-time report
to the Department, within 60 days of the Effective Date of the 2025
Amendment, which contains a listing of: the contract or purchase order
dates; the delivery quantities; the dates of export, entry, and
delivery; and the prices at which the subject merchandise was sold.
This information will be subject to verification in accordance with
Section VII.B.4 of the Agreement.
At any time, should the Department determine that the sales
agreement date was not the appropriate date of sale for a Signatory
making such shipments, or that such shipments for signatory producers/
exporters to the 2016 Agreement did not otherwise comply with the terms
of the 2016 Agreement, the Department may consider such deliveries to
be a Violation of the Agreement.
5. The parties to this Agreement acknowledge that, in accordance
with Argentine regulations, Argentine lemon juice producers and
exporters exporting to the United States will become Signatories to the
Agreement. Signatories will fully comply with all Argentine regulations
and requirements related to the Government of Argentina's export
authorization system covering Signatory shipments of Lemon Juice from
Argentina to the United States. The Signatories acknowledge that
compliance with the Argentine export authorization system supports the
operation of the Agreement. Furthermore, pursuant to any data exchange
program between U.S. and Government of Argentina agencies, the
Department will review, as appropriate, monthly reports of such
authorizations to determine whether there have been imports that are
inconsistent with the provisions of the Agreement.
Section VII.E--Consultations--is amended as follows:
Section VII.E.1--Compliance Consultations--New Sub-paragraph 1.e is
added as follows:
1.e If through compliance consultations under Section VII.E.1 the
Department determines that a Signatory has committed acts of non-
compliance not found to meet the definition of a Violation under the
terms of the Agreement, the Department may temporarily suspend the
Signatory's status as a signatory. The Department's actions with regard
to non-compliance found to meet the definition of a Violation will be
governed by Section VIII (``Violations'') of the Agreement.
Section VII.E.2--Operations Consultations--Paragraphs 2.a and b are
replaced with the following (changes in italics):
a. The Department will consult with the Signatories regarding the
operation of this Agreement. A party to the Agreement The Department or
the Signatories, collectively, may request such consultations, as
necessary, except for consultations to revise the Reference Prices
which must be requested in accordance with the Adjustment Mechanism
described in Appendix I.
b. Notwithstanding the previous paragraph, the parties may agree to
revise the Reference Prices subject to consultations.
Appendix I is replaced with the following:
Consistent with the requirements of section 734(c) of the Act, to
eliminate completely the injurious effect of exports to the United
States and to prevent the suppression or undercutting of price levels
of domestic lemon juice, the Reference Prices are as follows:
Reference Price U.S. Dollars per Gallon
[FOB Buenos Aires, Argentina]
----------------------------------------------------------------------------------------------------------------
Up to 75
Lemon juice processed form Clarity 400 GPL GPL 200 GPL 280 GPL 300 GPL
----------------------------------------------------------------------------------------------------------------
Conversion 75/400 200/400 280/400 300/400
factors
----------------------------------------------------------------
Frozen, concentrated......... Clear (Less than $11.16 ........... $5.58 $7.82 $8.37
0.5% pulp).
Frozen, concentrated......... Cloudy (0.5% 10.50 ........... 5.25 7.35 7.88
pulp or
greater).
Not-from-concentrate......... Cloudy (0.5% ........... 1.97 ........... ........... ...........
pulp or
greater).
----------------------------------------------------------------------------------------------------------------
325 GPL 330 GPL 340 GPL 350 GPL 370 GPL
----------------------------------------------------------------
325/400 330/400 340/400 350/400 370/400
----------------------------------------------------------------
Frozen, concentrated......... Clear (Less than ........... 9.21 9.49 9.77 10.33
0.5% pulp).
Frozen, concentrated......... Cloudy (0.5% 8.53 8.66 8.93 9.19 9.71
pulp or
greater).
----------------------------------------------------------------------------------------------------------------
380 GPL 430 GPL 500 GPL 550 GPL 600 GPL
----------------------------------------------------------------
380/400 430/400 500/400 550/400 600/400
----------------------------------------------------------------
Frozen, concentrated......... Clear (Less than 10.61 12.00 13.96 15.35 16.75
0.5% pulp).
Frozen, concentrated......... Cloudy (0.5% 9.98 11.29 13.13 14.44 15.75
pulp or
greater).
----------------------------------------------------------------------------------------------------------------
The Reference Prices specified above are for all sales of Lemon
Juice at the specified GPL, regardless of horticultural method (i.e.,
whether organic or not).
The Reference Prices include all expenses incurred prior to
shipment from the port of export in Argentina. In accordance with the
terms of sale, the final sales price to the first unaffiliated U.S.
customer for all Lemon Juice from Argentina exported directly, or
indirectly through a third country, to the United States shall include
all relevant movement and handling
[[Page 8119]]
expenses beyond the port of export in Argentina (e.g., Buenos Aires,
Argentina) and in excess of the Reference Prices, i.e., the F.O.B.
Buenos Aires, Argentina, price.
Reference Price Requests
Additional conversion factors and product types may be added to the
Agreement. Signatories may request that the Department add a new
conversion factor or product type by filing a written public request on
the official record of the Agreement. Within ten days of the filing of
the request, interested parties may comment on the requested additional
conversion factor or product types, including the appropriate reference
price that should apply to a new product type. The Department will
consider such requests for new conversion factors or product types and
issue a determination in a timely manner. Additional conversion factors
or product types would apply to sales by all Signatories going forward.
Adjustment Mechanism
The Reference Prices shall remain in effect through December 31,
2025.
Before January 15, 2026, and on or before January 15 of any
subsequent year, the parties to the proceeding may request that the
Department adjust the Reference Prices. The Department will normally
issue any final revised Reference Prices within 30 days of receiving
the written request. However, if needed, and with good cause, the
Department may extend the deadline.
For purposes of the Adjustment Mechanism, the following definitions
apply:
A. ``Base Reference Prices'' means the minimum prices for clear and
cloudy frozen, concentrated Lemon Juice at 400 GPL.
B. ``Weighted-Average Import Price'' means the total value of U.S.
imports of lemon juice divided by the total volume of U.S. imports of
lemon juice from Argentina and, unless good cause is demonstrated, from
all countries not subject to antidumping duty orders or investigations.
The source of the import value and volume will be publicly available
import statistics from the United States Census Bureau (Census), using
the HTSUS subheading(s) applicable to clear and cloudy frozen
concentrated Lemon Juice at 400GPL.
The Reference Prices may be adjusted via the following mechanism:
1. On or before January 15, a party to the proceeding may submit a
written request for an adjustment to the Base Reference Prices.
2. The written request must demonstrate that the Weighted-Average
Import Price has changed significantly during a period of no less than
4 months prior to the request. For the purposes of the Adjustment
Mechanism, ``significantly'' means a change of at least 10 percentage
points (higher or lower) than the starting point of the data series
used for the demonstration. The data series must include at least 4
months, and must include the month for which the most recent data is
available from Census.
3. If, after review of the request and consultations with the
parties, the Department concludes that the Weighted-Average Import
Price has changed significantly, then the Department will adjust the
Base Reference Prices. Any such adjustment shall be based on a
percentage change to the Base Reference Prices that is equal to half of
the measured change in the Weighted-Average Import Price. For example,
if the Base Reference Price is $10.50/gallon for 400 GPL cloudy Lemon
Juice and
a. the Weighted-Average Import Price has fallen by 10 percent, then
the Base Reference Price would be adjusted to $9.98/gallon (i.e.,
$10.50-(10% * 50% * $10.50)).
b. the Weighted-Average Import Price has increased by 10 percent,
then the Base Reference Price would be adjusted to $11.03/gallon (i.e.,
$10.50 + (10% * 50% * $10.50)).
4. In addition to the Base Reference Prices, the Department will
adjust all Reference Prices for the conversion factors in effect in the
Reference Price chart, as updated, in Appendix I of the Agreement
according to the Department's established methodology.
If any extenuating circumstances occur in the U.S. market for lemon
juice, the Department may, at its discretion, request consultations on
revisions to the Reference Prices at any time.
For the U.S. Department of Commerce
-----------------------------------------------------------------------
Abdelali Elouaradia
Deputy Assistant Secretary for Enforcement and Compliance
For the Argentine Producers and Exporters
The following party hereby certifies that the following producers/
exporters of Lemon Juice from Argentina, which have authorized the
undersigned to sign this Agreement on their behalf, agree to abide by
all terms of the Agreement:
-----------------------------------------------------------------------
Gregory J. Spak
On behalf of: S.A. San Miguel A.G.I.C.I. y F; La Moraleja S.A.;
Citromax S.A.C.I.; Vicente Trapani S.A.; Citrusvil S.A.; Pablo Padilla;
Ledesma S.A.A.I.; Ram[oacute]n Tuma S.A.; Argenti Lemon S.A.; FGF
Trapani S.A.; Acheral S.A.; Litoral Citrus S.A.; SA Veracruz; Los Pempa
Agroganadera S.A.; and Induc[iacute]trica S.A.
[FR Doc. 2025-01678 Filed 1-23-25; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on January 24, 2025.
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.