Certain Orange Juice from Brazil: Initiation of Antidumping Duty Changed Circumstances Review, 23182-23183 [E8-9337]

Download as PDF 23182 Federal Register / Vol. 73, No. 83 / Tuesday, April 29, 2008 / Notices area of Maryland, New Jersey, and New York. Applications were due by January 4, 2008. There were four applicants for designation to provide official services: • Maryland Department of Agriculture (Maryland) applied for Maryland. Maryland is not currently designated. • D. R. Schaal Agency, Inc. (Schaal) applied for New Jersey and New York. • Kankakee Grain Inspection, Inc. (Kankakee) applied for Maryland, New Jersey, and New York. • Mid-Iowa Grain Inspection, Inc. (Mid-Iowa) applied for Maryland, New Jersey and New York. In the February 15, 2008, Federal Register (73 FR 8851), we requested comments on the applications for designation to provide official services in Maryland, New Jersey, and New York. Comments were due by March 17, 2008. GIPSA received no comments. We evaluated all available information regarding the designation criteria in section 7(f)(l) of USGSA (7 U.S.C. 79 (f)) and determined that Maryland and Schaal are best able to provide official services in the geographic areas specified in the December 5, 2007, Federal Register, for which they applied. Maryland is designated for the entire State of Maryland, except those export port locations served by GIPSA, effective June 1, 2008, and terminating June 30, 2010. Effective June 1, 2008, Schaal’s present geographic area is amended to include the entire States of New Jersey and New York, except those export port locations served by GIPSA. Schaal’s current designation to provide official services terminates September 30, 2010. Interested persons may obtain official services by calling the telephone numbers listed below. Official agency Headquarters location and telephone Maryland ............................................................ Schaal ................................................................ Annapolis, MD 410–841–5769 ................................................................ Belmond, IA 641–444–3122 .................................................................... Additional Location: Albert Lea, MN. Section 7(f)(1) of the USGSA, authorizes GIPSA’s Administrator to designate a qualified applicant to provide official services in a specified area after determining that the applicant is better able than any other applicant to provide such official services (7 U.S.C. 79(f)(1)). Section 7(g)(1) of USGSA provides that designations of official agencies will terminate not later than three years and may be renewed according to the criteria and procedures prescribed in section 7(f) of USGSA. presentations by witnesses discussing changes in local and state safety oversight that have been proposed since the November 22, 2006, accident at CAI/ Arnel. This will be followed by a public comment period prior to a Board vote on the report. On November 22, 2006, at about 2:45 a.m., a violent explosion at the CAI/ Arnel manufacturing facility rocked the town of Danvers, MA. The explosion and subsequent fire destroyed the facility, heavily damaged dozens of nearby homes and businesses, and shattered windows as far away as one mile. At least 10 residents required hospital treatment for cuts and bruises. More than 16 homes and three businesses were damaged beyond repair. Dozens of boats at the nearby marina were heavily damaged by blast overpressure and debris strikes. Local authorities ordered the evacuation of more than 300 residents within a half-mile of the facility. Many residents could not return for many months while they waited for their houses to be rebuilt or repaired. Seventeen months after the explosion, six homes had yet to be reoccupied as repairs were not completed. Following the conclusion of the public comment period, the Board will consider whether to approve the final report and recommendations. All staff presentations are preliminary and are intended solely to allow the Board to consider in a public forum the issues and factors involved in this case. No factual analyses, conclusions or findings presented by staff should be considered final. Only after the Board has considered the final staff presentation, listened to the witnesses and the public Authority: 7 U.S.C. 71–87k. James E. Link, Administrator, Grain Inspection, Packers and Stockyards Administration. [FR Doc. E8–9324 Filed 4–28–08; 8:45 am] BILLING CODE 3410–KD–P CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD sroberts on PROD1PC70 with NOTICES Sunshine Act Meeting—May 13, 2008— 6:30 p.m. In connection with its investigation into the cause of a November 22, 2006, explosion and fire at the CAI/Arnel manufacturing facility in Danvers, Massachusetts, the United States Chemical Safety and Hazard Investigation Board (CSB) announces that it will convene a public meeting on May 13, 2008, starting at 6:30 p.m. in the North Shore ballroom at the Sheraton Ferncroft Resort, 50 Ferncroft Road, Danvers, MA 01923. At the meeting CSB staff will present to the Board the results of their investigation into this incident. After the presentation by the CSB investigators there will be VerDate Aug<31>2005 21:01 Apr 28, 2008 Jkt 214001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 Designation start-end 6/1/2008–6/30/2010 6/1/2008–9/30/2010 comments, and approved the staff report will there be an approved final record of this incident. The meeting will be open to the public. Please notify CSB if a translator or interpreter is needed, at least 5 business days prior to the public meeting. For more information, please contact the Chemical Safety and Hazard Investigation Board at (202) 261–7600, or visit our Web site at: https:// www.csb.gov. Christopher W. Warner, General Counsel. [FR Doc. 08–1200 Filed 4–25–08; 3:33pm] BILLING CODE 6350–01–P DEPARTMENT OF COMMERCE International Trade Administration [A–351–840] Certain Orange Juice from Brazil: Initiation of Antidumping Duty Changed Circumstances Review Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: April 29, 2008. SUMMARY: Tropicana Products, Inc. (Tropicana) has requested that the Department initiate a changed circumstances review to consider partially revoking the order on certain orange juice from Brazil to exclude ultra low pulp orange juice (ULPOJ) pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.216(b) and 351.222(g)(1)(i). In response to this request, the Department of Commerce (the Department) is AGENCY: E:\FR\FM\29APN1.SGM 29APN1 Federal Register / Vol. 73, No. 83 / Tuesday, April 29, 2008 / Notices sroberts on PROD1PC70 with NOTICES initiating a changed circumstances review. FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood or Henry Almond; AD/CVD Operations, Office 2, 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– 0049, respectively. SUPPLEMENTARY INFORMATION: Background On March 9, 2006, the Department published in the Federal Register an antidumping duty order on certain orange juice from Brazil. See Antidumping Duty Order: Certain Orange Juice from Brazil, 72 FR 12183 (Mar. 9, 2006). On June 14, 2007, Tropicana requested that the Department initiate a changed circumstances review to consider partially revoking the antidumping duty order on certain orange juice from Brazil to exclude ULPOJ. According to Tropicana, producers accounting for substantially all of the production of the domestic like product have no interest in maintaining the order on ULPOJ. On July 24, 2007, we requested documentation from Tropicana regarding its industry support assertions and the documentation to support the pulp content of ULPOJ. On January 31, 2008, Tropicana responded to the Department’s request for information, providing: 1) letters of support from processors either supporting or not opposing Tropicana’s request to exclude ULPOJ from the order; 2) a calculation of the level of industry support; and 3) documentation regarding the pulp content of ULPOJ. On February 29, 2008, we received comments from Florida Citrus Mutual, A. Duda & Sons, Inc. (doing business as Citrus Belle), and Citrus World, Inc. (collectively, ‘‘the petitioners’’), regarding Tropicana’s request. The petitioners contend that the Department must consider the position of the entire domestic industry (i.e., both processors and growers) when determining the level of industry support, as was done for purposes of the initiation of this proceeding. According to the petitioners, when the growers are considered, there will be an insufficient level of industry support necessary for the Department to partially revoke the order under 19 CFR 351.222(g)(1)(i). In addition, the petitioners note that, contrary to Tropicana’s assertion, the U.S. domestic industry is capable of producing ULPOJ. Therefore, the VerDate Aug<31>2005 21:01 Apr 28, 2008 Jkt 214001 petitioners urge the Department to reject Tropicana’s request and not initiate this changed circumstances review. On March 6, 2008, we requested additional information from Tropicana regarding an incomplete letter contained in its January 31 response. On March 10, 2008, Tropicana submitted the requested information. Scope of the Order The scope of this order includes certain orange juice for transport and/or further manufacturing, produced in two different forms: (1) frozen orange juice in a highly concentrated form, sometimes referred to as frozen concentrated orange juice for manufacture (FCOJM); and (2) pasteurized single–strength orange juice which has not been concentrated, referred to as not–from-concentrate (NFC). At the time of the filing of the petition, there was an existing antidumping duty order on frozen concentrated orange juice (FCOJ) from Brazil. See Antidumping Duty Order; Frozen Concentrated Orange Juice from Brazil, 52 FR 16426 (May 5, 1987). Therefore, the scope of this order with regard to FCOJM covers only FCOJM produced and/or exported by those companies which were excluded or revoked from the pre–existing antidumping order on FCOJ from Brazil as of December 27, 2004. Those companies are Cargill Citrus Limitada, Coinbra–Frutesp S.A., Sucocitrico Cutrale, S.A. , Fischer S/A Agroindustria, and Montecitrus Trading S.A. Excluded from the scope of the order are reconstituted orange juice and frozen concentrated orange juice for retail (FCOJR). Reconstituted orange juice is produced through further manufacture of FCOJM, by adding water, oils and essences to the orange juice concentrate. FCOJR is concentrated orange juice, typically at 42 Brix, in a frozen state, packed in retail–sized containers ready for sale to consumers. FCOJR, a finished consumer product, is produced through further manufacture of FCOJM, a bulk manufacturer’s product. The subject merchandise is currently classifiable under subheadings 2009.11.00, 2009.12.25, 2009.12.45, and 2009.19.00 of the Harmonized Tariff Schedule of the United States (HTSUS). These HTSUS subheadings are provided for convenience and for customs purposes only and are not dispositive. Rather, the written description of the scope of the order is dispositive. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 23183 Initiation of Changed Circumstances Review Pursuant to section 751(b)(1) of the Act, the Department will conduct a changed circumstances review upon receipt of information concerning, or a request from an interested party for a review of, an antidumping duty order which shows changed circumstances sufficient to warrant a review of the order. In accordance with 19 CFR 351.216(d), the Department finds there is sufficient information to warrant initiating a changed circumstances review. Therefore, pursuant to section 751(b)(1) of the Act and 19 CFR 351.216(d), we are initiating a changed circumstances review to determine whether the Department should partially revoke the order on certain orange juice from Brazil to exclude ULPOJ. While Tropicana contends that it has sufficient industry support under 19 CFR 351.222(g)(1)(i) for the Department to partially revoke the order to exclude ULPOJ, we note that the petitioners have questioned Tropicana’s exclusion of orange growers from the calculation of industry support. We will address the level of industry support for Tropicana’s request in the context of this proceeding. The Department will publish in the Federal Register a notice of preliminary results of changed circumstances review in accordance with 19 CFR 351.221(b)(4) and 351.221(c)(3)(i), which will set forth the Department’s preliminary factual and legal conclusions. Pursuant to 19 CFR 351.221(b)(4)(ii), interested parties will have an opportunity to comment on the preliminary results. The Department will issue its final results of review in accordance with the time limits set forth in 19 CFR 351.216(e). This notice is in accordance with section 751(b)(1) of the Act. Dated: April 23, 2008. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E8–9337 Filed 4–28–08; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration North American Free Trade Agreement (NAFTA), Article 1904; Binational Panel Reviews: Notice of Consent Motion To Terminate Panel Review NAFTA Secretariat, United States Section, International Trade AGENCY: E:\FR\FM\29APN1.SGM 29APN1

Agencies

[Federal Register Volume 73, Number 83 (Tuesday, April 29, 2008)]
[Notices]
[Pages 23182-23183]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-9337]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-840]


Certain Orange Juice from Brazil: Initiation of Antidumping Duty 
Changed Circumstances Review

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

EFFECTIVE DATE: April 29, 2008.
SUMMARY: Tropicana Products, Inc. (Tropicana) has requested that the 
Department initiate a changed circumstances review to consider 
partially revoking the order on certain orange juice from Brazil to 
exclude ultra low pulp orange juice (ULPOJ) pursuant to section 
751(b)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 
351.216(b) and 351.222(g)(1)(i). In response to this request, the 
Department of Commerce (the Department) is

[[Page 23183]]

initiating a changed circumstances review.

FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood or Henry Almond; 
AD/CVD Operations, Office 2, 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) 482-0049, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On March 9, 2006, the Department published in the Federal Register 
an antidumping duty order on certain orange juice from Brazil. See 
Antidumping Duty Order: Certain Orange Juice from Brazil, 72 FR 12183 
(Mar. 9, 2006).
    On June 14, 2007, Tropicana requested that the Department initiate 
a changed circumstances review to consider partially revoking the 
antidumping duty order on certain orange juice from Brazil to exclude 
ULPOJ. According to Tropicana, producers accounting for substantially 
all of the production of the domestic like product have no interest in 
maintaining the order on ULPOJ.
    On July 24, 2007, we requested documentation from Tropicana 
regarding its industry support assertions and the documentation to 
support the pulp content of ULPOJ. On January 31, 2008, Tropicana 
responded to the Department's request for information, providing: 1) 
letters of support from processors either supporting or not opposing 
Tropicana's request to exclude ULPOJ from the order; 2) a calculation 
of the level of industry support; and 3) documentation regarding the 
pulp content of ULPOJ.
    On February 29, 2008, we received comments from Florida Citrus 
Mutual, A. Duda & Sons, Inc. (doing business as Citrus Belle), and 
Citrus World, Inc. (collectively, ``the petitioners''), regarding 
Tropicana's request. The petitioners contend that the Department must 
consider the position of the entire domestic industry (i.e., both 
processors and growers) when determining the level of industry support, 
as was done for purposes of the initiation of this proceeding. 
According to the petitioners, when the growers are considered, there 
will be an insufficient level of industry support necessary for the 
Department to partially revoke the order under 19 CFR 351.222(g)(1)(i). 
In addition, the petitioners note that, contrary to Tropicana's 
assertion, the U.S. domestic industry is capable of producing ULPOJ. 
Therefore, the petitioners urge the Department to reject Tropicana's 
request and not initiate this changed circumstances review.
    On March 6, 2008, we requested additional information from 
Tropicana regarding an incomplete letter contained in its January 31 
response. On March 10, 2008, Tropicana submitted the requested 
information.

Scope of the Order

    The scope of this order includes certain orange juice for transport 
and/or further manufacturing, produced in two different forms: (1) 
frozen orange juice in a highly concentrated form, sometimes referred 
to as frozen concentrated orange juice for manufacture (FCOJM); and (2) 
pasteurized single-strength orange juice which has not been 
concentrated, referred to as not-from-concentrate (NFC). At the time of 
the filing of the petition, there was an existing antidumping duty 
order on frozen concentrated orange juice (FCOJ) from Brazil. See 
Antidumping Duty Order; Frozen Concentrated Orange Juice from Brazil, 
52 FR 16426 (May 5, 1987). Therefore, the scope of this order with 
regard to FCOJM covers only FCOJM produced and/or exported by those 
companies which were excluded or revoked from the pre-existing 
antidumping order on FCOJ from Brazil as of December 27, 2004. Those 
companies are Cargill Citrus Limitada, Coinbra-Frutesp S.A., 
Sucocitrico Cutrale, S.A. , Fischer S/A - Agroindustria, and 
Montecitrus Trading S.A.
    Excluded from the scope of the order are reconstituted orange juice 
and frozen concentrated orange juice for retail (FCOJR). Reconstituted 
orange juice is produced through further manufacture of FCOJM, by 
adding water, oils and essences to the orange juice concentrate. FCOJR 
is concentrated orange juice, typically at 42 Brix, in a frozen state, 
packed in retail-sized containers ready for sale to consumers. FCOJR, a 
finished consumer product, is produced through further manufacture of 
FCOJM, a bulk manufacturer's product.
    The subject merchandise is currently classifiable under subheadings 
2009.11.00, 2009.12.25, 2009.12.45, and 2009.19.00 of the Harmonized 
Tariff Schedule of the United States (HTSUS). These HTSUS subheadings 
are provided for convenience and for customs purposes only and are not 
dispositive. Rather, the written description of the scope of the order 
is dispositive.

Initiation of Changed Circumstances Review

    Pursuant to section 751(b)(1) of the Act, the Department will 
conduct a changed circumstances review upon receipt of information 
concerning, or a request from an interested party for a review of, an 
antidumping duty order which shows changed circumstances sufficient to 
warrant a review of the order. In accordance with 19 CFR 351.216(d), 
the Department finds there is sufficient information to warrant 
initiating a changed circumstances review. Therefore, pursuant to 
section 751(b)(1) of the Act and 19 CFR 351.216(d), we are initiating a 
changed circumstances review to determine whether the Department should 
partially revoke the order on certain orange juice from Brazil to 
exclude ULPOJ.
    While Tropicana contends that it has sufficient industry support 
under 19 CFR 351.222(g)(1)(i) for the Department to partially revoke 
the order to exclude ULPOJ, we note that the petitioners have 
questioned Tropicana's exclusion of orange growers from the calculation 
of industry support. We will address the level of industry support for 
Tropicana's request in the context of this proceeding.
    The Department will publish in the Federal Register a notice of 
preliminary results of changed circumstances review in accordance with 
19 CFR 351.221(b)(4) and 351.221(c)(3)(i), which will set forth the 
Department's preliminary factual and legal conclusions. Pursuant to 19 
CFR 351.221(b)(4)(ii), interested parties will have an opportunity to 
comment on the preliminary results. The Department will issue its final 
results of review in accordance with the time limits set forth in 19 
CFR 351.216(e).
    This notice is in accordance with section 751(b)(1) of the Act.

    Dated: April 23, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-9337 Filed 4-28-08; 8:45 am]
BILLING CODE 3510-DS-S

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