Notice of Amended Final Determination of Sales at Less Than Fair Value: Certain Orange Juice from Brazil, 8841-8842 [E6-2418]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 71, Number 34 (Tuesday, February 21, 2006)]
[Notices]
[Pages 8841-8842]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-2418]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-351-840)


Notice of Amended Final Determination of Sales at Less Than Fair 
Value: Certain Orange Juice from Brazil

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: February 21, 2006.

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 or (202) 482-4593, 
respectively.

SUPPLEMENTARY INFORMATION:

Amendment to Final Determination

    In accordance with sections 735(a) and 777(i)(1) of the Tariff Act 
of 1930, as amended, (the Act), on January 13, 2006, the Department 
published its notice of final determination of sales at less than fair 
value (LTFV) in the investigation of certain orange juice from Brazil. 
See Notice of Final Determination of Sales at Less Than Fair Value and 
Affirmative Final Determination of Critical Circumstances: Certain 
Orange Juice from Brazil, 71 FR 2183 (Jan. 13, 2006). On January 17, 
2006, we received an allegation, timely filed pursuant to 19 CFR 
351.224(c)(2), from the petitioners (i.e., Florida Citrus Mutual, A. 
Duda & Sons, Inc. (doing business as Citrus Belle), Citrus World, Inc., 
and Southern Garden Citrus Processing Corporation (doing business as 
Southern Gardens)) that the Department made ministerial errors with 
respect to its final determination dumping margin calculations.
    After analyzing the petitioners' submission, we have determined, in 
accordance with 19 CFR 351.224(e), that we made the following 
ministerial errors in the final determination:
     we inadvertently treated Fischer S/A - Agroindustria 
(Fischer) and an affiliated orange juice producer as separate entities 
for purposes of the cost test and product concordance, even though we 
had determined that it was appropriate to collapse them pursuant to 19 
CFR 351.401(f), which resulted in constructed value incorrectly being 
used as the basis for normal value in Fischer's final margin 
calculations;
     we erred in the placement of programming language related 
to the application of adverse facts available to certain of Fischer's 
U.S. sales in the dumping margin program; and
     we mischaracterized the calculation of per-unit net U.S. 
customs duty expenses for Sucocitrico Cutrale Ltda.'s (Cutrale's) U.S. 
sales of frozen concentrated orange juice for manufacture (FCOJM) in 
our final determination. Specifically, we incorrectly stated that we 
recalculated Cutrale's per-unit net U.S. duties by allocating them only 
over Cutrale's period of investigation U.S. sales of FCOJM, rather than 
Cutrale's U.S. sales of both FCOJM and Not-From-Concentrate orange 
juice. However, the calculation of these customs duties itself, as well 
as their application to only FCOJM, was correct.
Correcting these errors results in a revised margin for Fischer. In 
addition, we have revised the calculation of the ``All Others'' rate 
accordingly.
    For a detailed discussion of all ministerial errors alleged by the 
petitioners as well as the Department's analysis, see the February 8, 
2006, memorandum from the team to Irene Darzenta Tzafolias entitled, 
``Ministerial Error Allegations in the Final Determination of the 
Antidumping Duty Investigation on Certain Orange Juice from Brazil.''
    Therefore, in accordance with 19 CFR 351.224(e), we are amending 
the final determination of sales at LTFV in the antidumping duty 
investigation of certain orange juice from Brazil. The revised 
weighted-average dumping margins are as follows:

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                                                Final Determination Weighted-
             Manufacturer/Exporter                Average Margin Percentage     Amended Weighted-Average Margin
                                                                                          Percentage
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Fischer S/A - Agroindustria...................                          9.73                               12.46

[[Page 8842]]

 
Montecitrus Trading S.A.......................                         60.29                               60.29
Sucocitrico Cutrale, S.A......................                         19.19                               19.19
All Others....................................                         15.42                               16.51
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Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we are 
directing U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all entries of certain orange juice from Brazil. 
CBP shall require a cash deposit equal to the estimated amount by which 
the normal value exceeds the U.S. price as indicated in the chart 
above. These instructions suspending liquidation will remain in effect 
until further notice.
    This amended determination is issued and published pursuant to 
section 735(e) of the Act.

    Dated: February 9, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-2418 Filed 2-17-06; 8:45 am]
BILLING CODE 3510-DS-S