Frozen Concentrated Orange Juice from Brazil; Initiation of Changed Circumstances Antidumping Duty Administrative Review, 3904-3905 [E5-314]
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Federal Register / Vol. 70, No. 17 / Thursday, January 27, 2005 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[C–351–504, A–351–503, A–122–503, A–570–
502, A–821–801, A–823–801, A–570–001]
Iron Construction Castings From
Brazil, Canada and China; Solid Urea
From Russia and Ukraine; and
Potassium Permanganate From China;
Extension of Time Limits for the Final
Results of Sunset Reviews of
Countervailing and Antidumping Duty
Orders
Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
EFFECTIVE DATE:
January 27, 2005.
Martha Douthit, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202)
482–5050.
Extension of Preliminary and Final
Results of Reviews
In accordance with section
751(c)(5)(B), the Department of
Commerce (‘‘the Department’’) may
extend the period of time for making its
determination by not more than 90 days,
if it determines that the review is
extraordinarily complicated. As set forth
in 751(c)(5)(C)(v) of the Tariff Act of
1930, as amended (‘‘the Act’’), the
Department may treat a sunset review as
extraordinarily complicated if it is a
review of a transition order, as is the
case in these proceedings. Therefore, the
Department has determined, pursuant to
section 751(c)(5)(C)(v) of the Act, that
the sunset reviews of the countervailing
duty order on iron construction castings
from Brazil and the antidumping duty
orders on iron construction castings
from Brazil, Canada and China; solid
urea from Russia and Ukraine; and
potassium permanganate from China,
are extraordinarily complicated and
require additional time for the
Department to complete its analysis.
The Department’s final results of these
sunset reviews were originally
scheduled for January 31, 2005. The
Department will extend the deadlines in
this proceedings and, as a result,
intends to issue the final results of the
sunset reviews on iron construction
castings from Brazil, Canada and China;
solid urea from Russia and Ukraine; and
potassium permanganate from China on
or about March 31, 2005, in accordance
with section 751(c)(5)(B).
17:20 Jan 26, 2005
Jkt 205001
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–351–605]
Frozen Concentrated Orange Juice
from Brazil; Initiation of Changed
Circumstances Antidumping Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is initiating a changed
circumstances administrative review of
the antidumping duty order on frozen
concentrated orange juice (FCOJ) from
Brazil (see Notice of Antidumping Duty
Order: Frozen Concentrated Orange
Juice from Brazil (52 FR 16426, May 5,
1987)) in response to a request from
Louis Dreyfus Citrus Inc., a U.S.
importer of FCOJ from Brazil,
COINBRA–Frutesp, S.A. (COINBRA–
Frutesp), a manufacturer/exporter of
FCOJ from Brazil, and the affiliated
companies of the Louis Dreyfus group
(collectively ‘‘Louis Dreyfus’’). These
entities have requested that the
Department conduct a changed
circumstances review to determine that
COINBRA–Frutesp is the successor–ininterest to Coopercitrus Industrial
Frutesp, S.A. (Frutesp), and as a result
to find that FCOJ from Brazil
manufactured and exported by
COINBRA–Frutesp is not subject to the
antidumping duty order on FCOJ from
Brazil.
EFFECTIVE DATE: January 27, 2005.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Eastwood or Jill Pollack,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue, NW, Washington,
DC 20230; telephone (202) 482–3874
and (202) 482–4593, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
FOR FURTHER INFORMATION CONTACT:
VerDate jul<14>2003
Dated: January 19, 2005.
Gary Taverman,
Acting Deputy Assistant Secretary for Import
Administration.
[FR Doc. E5–313 Filed 1–26–05; 8:45 am]
21, 1991, the Department revoked the
antidumping duty order with regard to
Frutesp. See Frozen Concentrated
Orange Juice from Brazil; Final Results
and Termination in Part of
Antidumping Duty Administrative
Review; Revocation in Part of
Antidumping Duty Order, 56 FR 52510
(Oct. 21, 1991).
In 1993, Louis Dreyfus purchased the
shares and assets of Frutesp, and the
following year Frutesp changed its name
to COINBRA–Frutesp.
On August 3, 2004, Louis Dreyfus
informed the Department that it
controls, through its member
companies, all the assets of COINBRA–
Frutesp. In this submission, Louis
Dreyfus requested an expedited changed
circumstances review to determine that
FCOJ from Brazil manufactured by
Louis Dreyfus or its affiliates and
exported by COINBRA–Frutesp is not
subject to the antidumping duty order
on FCOJ from Brazil.
On September 17 and November 5,
2004, we requested additional
clarification from Louis Dreyfus with
respect to the companies that are the
subject of its request for a changed
circumstances review. On September 20
and November 15, 2004, Louis Dreyfus
clarified that it is requesting that
COINBRA–Frutesp be designated as the
successor–in-interest to Frutesp.
According to Louis Dreyfus, this action
is necessary because on March 18, 2004,
U.S. Customs and Border Protection
(CBP) informed Louis Dreyfus that
entries of FCOJ manufactured by
COINBRA–Frutesp are, in fact, subject
to the antidumping duty order on FCOJ,
and CBP is currently requiring the
payment of cash deposits on such
merchandise. Louis Dreyfus asserts that
the CBP had not required cash deposits
on COINBRA–Frutesp’s exports prior to
that time.
Background:
Scope of the Review
The merchandise covered by this
order is FCOJ from Brazil, and is
currently classifiable under item
2009.11.00 of the Harmonized Tariff
Schedule of the United States (HTSUS).
The HTSUS item number is provided
for convenience and customs purposes.
The Department’s written description of
the scope of the review remains
dispositive.
On May 5, 1987, the Department
published in the Federal Register an
antidumping duty order on FCOJ from
Brazil covering all Brazilian producers
except Sucocitrico Cultrale, S.A. See
Antidumping Duty Order; Frozen
Concentrated Orange Juice from Brazil,
52 FR 16426 (May 5, 1987). On October
Initiation of Changed Circumstances
Review
Pursuant to section 751(b)(1) of the
Tariff Act of 1930, as amended (the Act),
the Department will conduct a changed
circumstances review upon request from
an interested party or receipt of
information concerning an antidumping
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27JAN1
Federal Register / Vol. 70, No. 17 / Thursday, January 27, 2005 / Notices
duty order, when either of which shows
changed circumstances sufficient to
warrant a review of the order. Thus, in
accordance with section 751(b) of the
Act, the Department is initiating a
changed circumstances review to
determine whether COINBRA–Frutesp
is the successor–in-interest to Frutesp
for purposes of determining
antidumping duty liability with respect
to imports of FCOJ from Brazil produced
and exported by COINBRA–Frutesp.
In making a successor–in-interest
determination, the Department
examines several factors including, but
not limited to, changes in: (1)
Management; (2) production facilities;
(3) supplier relationships; and (4)
customer base. See, e.g., Notice of Final
Results of Changed Circumstances
Antidumping Duty Administrative
Review: Polychloroprene Rubber From
Japan, 67 FR 58 (Jan. 2, 2002); Brass
Sheet and Strip from Canada: Final
Results of Antidumping Duty
Administrative Review, 57 FR 20460,
20462 (May 13, 1992). While no single
factor or combination of these factors
will necessarily provide a dispositive
indication of a successor–in-interest
relationship, the Department will
generally consider the new company to
be the successor to the previous
company if the new company’s resulting
operation is not materially dissimilar to
that of its predecessor. See, e.g., Fresh
and Chilled Atlantic Salmon from
Norway; Final Results of Changed
Circumstances Antidumping Duty
Administrative Review, 64 FR 9979
(Mar. 1, 1999); Industrial Phosphoric
Acid from Israel; Final Results of
Changed Circumstances Review, 59 FR
6944 (Feb. 14, 1994). Thus, if the
evidence demonstrates that, with
respect to the production and sale of the
subject merchandise, the new company
operates as the same business entity as
the former company, the Department
will accord the new company the same
antidumping treatment as its
predecessor.
With regard to Frutesp, Louis Dreyfus
claims that the production facilities and
contractual relationships with suppliers
and customers remained unchanged
after Louis Dreyfus assumed control of
this company. According to Louis
Dreyfus, COINBRA–Frutesp and its
assets have remained essentially the
same as those of Frutesp for which the
order was revoked. In addition, Louis
Dreyfus states that changes in the
corporate name and ownership are the
only material aspects of COINBRA–
Frutesp’s business that have changed
since the Department revoked the
antidumping duty order with regard to
Frutesp.
VerDate jul<14>2003
17:20 Jan 26, 2005
Jkt 205001
In this case, the Department finds that
the information submitted by Louis
Dreyfus provides sufficient evidence of
changed circumstances to warrant a
review to determine whether
COINBRA–Frutesp is the successor–ininterest to Frutesp. Thus, in accordance
with section 751(b)(1) of the Act, we are
initiating a changed circumstances
review based upon the information
contained in Louis Dreyfus’ submissions
to determine whether the revocation of
the order as to Frutesp should apply to
merchandise manufactured and
exported by COINBRA–Frutesp.
Because it is the Department’s practice
to examine changes in management and
customer base as part of its analysis in
such a determination, and Louis Dreyfus
has not addressed these factors, we are
not conducting the changed
circumstances review on an expedited
basis.
The Department will publish in the
Federal Register a notice of preliminary
results of changed circumstances
review, in accordance with 19 CFR
351.221(c)(3)(i) (2004), which will set
forth the factual and legal conclusions
upon which our preliminary results are
based, and a description of any action
proposed based on those results.
Interested parties may submit comments
for consideration in the Department’s
preliminary results not later than 60
days after publication of this notice.
Responses to those comments may be
submitted not later than 10 days
following submission of the comments.
All written comments must be
submitted in accordance with 19 CFR
351.303 (2004), and must be served on
all interested parties on the
Department’s service list in accordance
with 19 CFR 351.303(f) (2004). The
Department will also issue its final
results of review within 270 days after
the date on which the changed
circumstances review is initiated, in
accordance with 19 CFR 351.216(e)
(2004), and will publish these results in
the Federal Register.
The current requirement for a cash
deposit of estimated antidumping duties
on all subject merchandise will
continue unless and until it is modified
pursuant to the final results of this
changed circumstances review.
This notice is in accordance with
sections 751(b)(1) of the Act and 19 CFR
351.216 and 351.222 of the
Department’s regulations.
Dated: January 19, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E5–314 Filed 1–26–05; 8:45 am]
BILLING CODE 3510–DS–S
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3905
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. 011905F]
Proposed Information Collection;
Comment Request; Coral Reef
Conservation Program Administration
National Oceanic and
Atmospheric Administration (NOAA).
ACTION: Notice.
AGENCY:
SUMMARY: The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
DATES: Written comments must be
submitted on or before March 28, 2005.
ADDRESSES: Direct all written comments
to Diana Hynek, Departmental
Paperwork Clearance Officer,
Department of Commerce, Room 6625,
14th and Constitution Avenue, NW,
Washington, DC 20230 (or via the
Internet at dHynek@doc.gov).
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to Bill Millhouser 301–713–
3155 x189.
SUPPLEMENTARY INFORMATION:
I. Abstract
The Coral Reef Conservation Grant
Program provides funds to broad-based
applicants with experience in coral reef
conservation to conduct activities to
protect and conserve coral reef
ecosystems. The information submitted
is used to determine: (1) whether the
applicant qualifies for a waiver of
matching funds, and (2) if a proposed
project is consistent with the coral reef
conservation priorities of authorities
with jurisdiction over the area where
the project will be conducted.
II. Method of Collection
Information describing the eligibility
requirements for a waiver of matching
funds is described in the
Announcement for Federal Funding
Opportunity (FFO) for the NOAA Coral
Reef Conservation Grant Program. The
FFO can be obtained at https://
www.grants.gov or https://
www.coralreef.noaa.gov/grants.html.
Respondents are encouraged to email
their letters justifying the need for a
waiver.
E:\FR\FM\27JAN1.SGM
27JAN1
]]>Agencies
[Federal Register Volume 70, Number 17 (Thursday, January 27, 2005)]
[Notices]
[Pages 3904-3905]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-314]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-605]
Frozen Concentrated Orange Juice from Brazil; Initiation of
Changed Circumstances Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is initiating a
changed circumstances administrative review of the antidumping duty
order on frozen concentrated orange juice (FCOJ) from Brazil (see
Notice of Antidumping Duty Order: Frozen Concentrated Orange Juice from
Brazil (52 FR 16426, May 5, 1987)) in response to a request from Louis
Dreyfus Citrus Inc., a U.S. importer of FCOJ from Brazil, COINBRA-
Frutesp, S.A. (COINBRA-Frutesp), a manufacturer/exporter of FCOJ from
Brazil, and the affiliated companies of the Louis Dreyfus group
(collectively ``Louis Dreyfus''). These entities have requested that
the Department conduct a changed circumstances review to determine that
COINBRA-Frutesp is the successor-in-interest to Coopercitrus Industrial
Frutesp, S.A. (Frutesp), and as a result to find that FCOJ from Brazil
manufactured and exported by COINBRA-Frutesp is not subject to the
antidumping duty order on FCOJ from Brazil.
EFFECTIVE DATE: January 27, 2005.
FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood or Jill Pollack,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, NW,
Washington, DC 20230; telephone (202) 482-3874 and (202) 482-4593,
respectively.
SUPPLEMENTARY INFORMATION:
Background:
On May 5, 1987, the Department published in the Federal Register an
antidumping duty order on FCOJ from Brazil covering all Brazilian
producers except Sucocitrico Cultrale, S.A. See Antidumping Duty Order;
Frozen Concentrated Orange Juice from Brazil, 52 FR 16426 (May 5,
1987). On October 21, 1991, the Department revoked the antidumping duty
order with regard to Frutesp. See Frozen Concentrated Orange Juice from
Brazil; Final Results and Termination in Part of Antidumping Duty
Administrative Review; Revocation in Part of Antidumping Duty Order, 56
FR 52510 (Oct. 21, 1991).
In 1993, Louis Dreyfus purchased the shares and assets of Frutesp,
and the following year Frutesp changed its name to COINBRA-Frutesp.
On August 3, 2004, Louis Dreyfus informed the Department that it
controls, through its member companies, all the assets of COINBRA-
Frutesp. In this submission, Louis Dreyfus requested an expedited
changed circumstances review to determine that FCOJ from Brazil
manufactured by Louis Dreyfus or its affiliates and exported by
COINBRA-Frutesp is not subject to the antidumping duty order on FCOJ
from Brazil.
On September 17 and November 5, 2004, we requested additional
clarification from Louis Dreyfus with respect to the companies that are
the subject of its request for a changed circumstances review. On
September 20 and November 15, 2004, Louis Dreyfus clarified that it is
requesting that COINBRA-Frutesp be designated as the successor-in-
interest to Frutesp. According to Louis Dreyfus, this action is
necessary because on March 18, 2004, U.S. Customs and Border Protection
(CBP) informed Louis Dreyfus that entries of FCOJ manufactured by
COINBRA-Frutesp are, in fact, subject to the antidumping duty order on
FCOJ, and CBP is currently requiring the payment of cash deposits on
such merchandise. Louis Dreyfus asserts that the CBP had not required
cash deposits on COINBRA-Frutesp's exports prior to that time.
Scope of the Review
The merchandise covered by this order is FCOJ from Brazil, and is
currently classifiable under item 2009.11.00 of the Harmonized Tariff
Schedule of the United States (HTSUS). The HTSUS item number is
provided for convenience and customs purposes. The Department's written
description of the scope of the review remains dispositive.
Initiation of Changed Circumstances Review
Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended
(the Act), the Department will conduct a changed circumstances review
upon request from an interested party or receipt of information
concerning an antidumping
[[Page 3905]]
duty order, when either of which shows changed circumstances sufficient
to warrant a review of the order. Thus, in accordance with section
751(b) of the Act, the Department is initiating a changed circumstances
review to determine whether COINBRA-Frutesp is the successor-in-
interest to Frutesp for purposes of determining antidumping duty
liability with respect to imports of FCOJ from Brazil produced and
exported by COINBRA-Frutesp.
In making a successor-in-interest determination, the Department
examines several factors including, but not limited to, changes in: (1)
Management; (2) production facilities; (3) supplier relationships; and
(4) customer base. See, e.g., Notice of Final Results of Changed
Circumstances Antidumping Duty Administrative Review: Polychloroprene
Rubber From Japan, 67 FR 58 (Jan. 2, 2002); Brass Sheet and Strip from
Canada: Final Results of Antidumping Duty Administrative Review, 57 FR
20460, 20462 (May 13, 1992). While no single factor or combination of
these factors will necessarily provide a dispositive indication of a
successor-in-interest relationship, the Department will generally
consider the new company to be the successor to the previous company if
the new company's resulting operation is not materially dissimilar to
that of its predecessor. See, e.g., Fresh and Chilled Atlantic Salmon
from Norway; Final Results of Changed Circumstances Antidumping Duty
Administrative Review, 64 FR 9979 (Mar. 1, 1999); Industrial Phosphoric
Acid from Israel; Final Results of Changed Circumstances Review, 59 FR
6944 (Feb. 14, 1994). Thus, if the evidence demonstrates that, with
respect to the production and sale of the subject merchandise, the new
company operates as the same business entity as the former company, the
Department will accord the new company the same antidumping treatment
as its predecessor.
With regard to Frutesp, Louis Dreyfus claims that the production
facilities and contractual relationships with suppliers and customers
remained unchanged after Louis Dreyfus assumed control of this company.
According to Louis Dreyfus, COINBRA-Frutesp and its assets have
remained essentially the same as those of Frutesp for which the order
was revoked. In addition, Louis Dreyfus states that changes in the
corporate name and ownership are the only material aspects of COINBRA-
Frutesp's business that have changed since the Department revoked the
antidumping duty order with regard to Frutesp.
In this case, the Department finds that the information submitted
by Louis Dreyfus provides sufficient evidence of changed circumstances
to warrant a review to determine whether COINBRA-Frutesp is the
successor-in-interest to Frutesp. Thus, in accordance with section
751(b)(1) of the Act, we are initiating a changed circumstances review
based upon the information contained in Louis Dreyfus' submissions to
determine whether the revocation of the order as to Frutesp should
apply to merchandise manufactured and exported by COINBRA-Frutesp.
Because it is the Department's practice to examine changes in
management and customer base as part of its analysis in such a
determination, and Louis Dreyfus has not addressed these factors, we
are not conducting the changed circumstances review on an expedited
basis.
The Department will publish in the Federal Register a notice of
preliminary results of changed circumstances review, in accordance with
19 CFR 351.221(c)(3)(i) (2004), which will set forth the factual and
legal conclusions upon which our preliminary results are based, and a
description of any action proposed based on those results. Interested
parties may submit comments for consideration in the Department's
preliminary results not later than 60 days after publication of this
notice. Responses to those comments may be submitted not later than 10
days following submission of the comments. All written comments must be
submitted in accordance with 19 CFR 351.303 (2004), and must be served
on all interested parties on the Department's service list in
accordance with 19 CFR 351.303(f) (2004). The Department will also
issue its final results of review within 270 days after the date on
which the changed circumstances review is initiated, in accordance with
19 CFR 351.216(e) (2004), and will publish these results in the Federal
Register.
The current requirement for a cash deposit of estimated antidumping
duties on all subject merchandise will continue unless and until it is
modified pursuant to the final results of this changed circumstances
review.
This notice is in accordance with sections 751(b)(1) of the Act and
19 CFR 351.216 and 351.222 of the Department's regulations.
Dated: January 19, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-314 Filed 1-26-05; 8:45 am]
BILLING CODE 3510-DS-S
