Certain Orange Juice From Brazil: Final Results of the Expedited Sunset Review of the Antidumping Duty Order, 30655-30656 [2011-13088]

Download as PDF 30655 Federal Register / Vol. 76, No. 102 / Thursday, May 26, 2011 / Notices the People’s Republic of China: Preliminary Affirmative Countervailing Duty Determination, 75 FR 54302 (September 7, 2010) (Preliminary Determination). In accordance with section 703(d) of the Tariff Act of 1930, as amended (‘‘the Act’’), which states that the suspension of liquidation pursuant to a preliminary determination may not remain in effect for more than four months, the Department terminated suspension of liquidation effective January 6, 2011. On April 4, 2011, the Department published its final determination in the countervailing duty investigation of aluminum extrusions from the PRC. See Final Determination. On May 13, 2011, in accordance with section 705(d) of the Act, the ITC notified the Department of its final determination that the industry in the United States producing aluminum extrusions is materially injured within the meaning of section 705(b)(1)(A)(i) of the Act by reason of subsidized imports of aluminum extrusions from the PRC. See ITC Final Determination. In accordance with section 706(a)(1) of the Act, the Department will direct CBP to reinstitute suspension of liquidation effective the date of publication of the ITC final determination in the Federal Register. The Department will also direct CBP to assess, upon further advice by the Department pursuant to section 706(a)(1) of the Act, countervailing duties for each entry of the subject merchandise in an amount based on the net countervailable subsidy rates for the subject merchandise as noted below. Company Ad valorem net subsidy rate Guang Ya Aluminum Industries Co., Ltd., Foshan Guangcheng Aluminum Co., Ltd., Guang Ya Aluminum Industries Hong Kong, Kong Ah International Company Limited, and Yongji Guanghai Aluminum Industry Co., Ltd. (collectively the Guang Ya Companies). Zhaoqing New Zhongya Aluminum Co., Ltd., Zhongya Shaped Aluminum HK Holding Ltd., and Karlton Aluminum Company Ltd. (collectively the Zhongya Companies). Dragonluxe Limited ....................................................................................................................................................... Miland Luck Limited ...................................................................................................................................................... Liaoyang Zhongwang Aluminum Profile Co. Ltd./Liaoning Zhongwang Group (collectively, the Zhongwang Group). All Others Rate ............................................................................................................................................................. This notice constitutes the countervailing duty order with respect to aluminum extrusions from the PRC, pursuant to section 706(a) of the Act. Interested parties may contact the Department’s Central Records Unit, Room 7046 of the main Commerce building, for copies of an updated list of countervailing duty orders currently in effect. Termination of Suspension of Liquidation for Finished Heat Sinks mstockstill on DSK4VPTVN1PROD with NOTICES Because the ITC made a negative determination of material injury with respect to finished heat sinks, the Department will direct CBP to terminate the suspension of liquidation for entries of finished heat sinks from the PRC entered, or withdrawn from warehouse, and to release any bond or other security, and refund any cash deposit, posted to secure the payment of estimated countervailing duties with respect to these entries. This order is issued and published in accordance with section 706(a) of the Act, 19 CFR 351.211(b) and 19 CFR 351.224(e). Dated: May 20, 2011. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. [FR Doc. 2011–13103 Filed 5–25–11; 8:45 am] BILLING CODE 3510–DS–P 20:04 May 25, 2011 Jkt 223001 8.02 percent ad valorem. 374.15 374.15 374.15 374.15 percent percent percent percent ad ad ad ad valorem. valorem. valorem. valorem. DEPARTMENT OF COMMERCE Background International Trade Administration On February 1, 2011, the Department published the notice of initiation of the first sunset review of the antidumping duty order on OJ from Brazil, pursuant to section 751(c) of the Act. See Initiation of Five-Year (‘‘Sunset’’) Review, 76 FR 5563 (Feb. 1, 2011) (Notice of Initiation). The Department received two separate notices of intent to participate from Florida Citrus Mutual, Citrus World, Inc., and Peace River Citrus Products, Inc. (the petitioners) and from Southern Gardens Citrus Processing Corporation (Southern Gardens), a producer in the United States of a domestic like product. Both the petitioners and Southern Gardens (collectively, the domestic interested parties) claimed interested party status under sections 771(9)(C) and (D) of the Act as producers of OJ in the United States. The Department received adequate substantive responses to the Notice of Initiation from the domestic interested parties within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). We received no substantive responses from respondent interested parties with respect to the order covered by this sunset review. As a result, pursuant to section 752(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the Department conducted an expedited (120-day) sunset review of the antidumping duty order on OJ from Brazil. [A–351–840] Certain Orange Juice From Brazil: Final Results of the Expedited Sunset Review of the Antidumping Duty Order Import Administration, International Trade Administration, Department of Commerce. AGENCY: On February 1, 2011, the Department of Commerce (the Department) initiated a sunset review of the antidumping duty order on certain orange juice (OJ) from Brazil, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). The Department has conducted an expedited (120-day) sunset review of this order pursuant to 19 CFR 351.218(e)(1)(ii)(C)(2). As a result of this sunset review, the Department finds that revocation of the antidumping duty order would be likely to lead to the continuation or recurrence of dumping. SUMMARY: DATES: Effective Date: May 26, 2011. Hector Rodriguez or Elizabeth Eastwood, 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) 482–0629 and (202) 482–3874, respectively. FOR FURTHER INFORMATION: SUPPLEMENTARY INFORMATION: VerDate Mar<15>2010 9.94 percent ad valorem. PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\26MYN1.SGM 26MYN1 30656 Federal Register / Vol. 76, No. 102 / Thursday, May 26, 2011 / Notices Scope of the Order The scope of the 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 the 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 (SA), Fischer S.A. Comercio, Industria, and Agricultura, Montecitrus Trading S.A., and Sucocitrico Cutrale, 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. mstockstill on DSK4VPTVN1PROD with NOTICES Analysis of Comments Received All issues raised in this review are addressed in the ‘‘Issues and Decision Memorandum for the Expedited Sunset Review of the Antidumping Duty Order on Certain Orange Juice from Brazil’’ to Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration (May 19, 2011) (Decision Memo), which is hereby adopted by this notice. The issues discussed in the Decision Memo VerDate Mar<15>2010 20:04 May 25, 2011 Jkt 223001 include the likelihood of continuation or recurrence of dumping and the magnitude of the margin likely to prevail if the order were revoked. Parties can find a complete discussion of all issues raised in this review and the corresponding recommendations in this public memorandum which is on file in the Central Records Unit, Room 7046 of the main Department building. In addition, a complete version of the Decision Memo can be accessed directly on the Web at http://ia.ita.doc.gov/frn. The paper copy and electronic version of the Decision Memo are identical in content. Final Results of Review We determine that revocation of the antidumping duty order on OJ from Brazil would be likely to lead to the continuation or recurrence of dumping at the following weighted-average percentage margins: Manufacturers/Exporters/ Producers Weightedaverage margin (percent) Fischer S.A. Comercio, Industria, and Agricultura * Montecitrus Trading S.A. ...... Sucocitrico Cutrale, S.A. ...... All-Others Rate ** .................. 12.46 60.29 19.19 16.51 * Fischer S.A. Comercio, Industria, and Agricultura is the successor-in-interest to Fischer S/A—Agroindustria. ** The all-others rate in regards to FCOJM applies to Cargill Citrus Limitada and CoinbraFrutesp (SA). The all-others rate for NFC applies to all other companies not identified above. This notice also serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of the return or destruction of APO materials or conversion to judicial protective orders is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. We are issuing and publishing the results and notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act. Dated: May 19, 2011. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. [FR Doc. 2011–13088 Filed 5–25–11; 8:45 am] BILLING CODE 3510–DS–P PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration [A–570–970] Multilayered Wood Flooring From the People’s Republic of China: Preliminary Determination of Sales at Less Than Fair Value Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: May 26, 2011. SUMMARY: The Department of Commerce (‘‘Department’’) preliminarily determines that multilayered wood flooring from the People’s Republic of China (‘‘PRC’’) is being, or is likely to be, sold in the United States at less than fair value (‘‘LTFV’’), as provided in section 733 of the Tariff Act of 1930, as amended (‘‘the Act’’). The estimated margins of sales at LTFV are shown in the ‘‘Preliminary Determination’’ section of this notice. FOR FURTHER INFORMATION CONTACT: Charles Riggle, John Hollwitz, Brandon Petelin or Erin Kearney, AD/CVD Operations, Office 4, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–0650, (202) 482– 2336, (202) 482–8173 or (202) 482–0167, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On October 21, 2010, the Department received a petition concerning imports of multilayered wood flooring from the PRC filed in proper form by the Coalition for American Hardwood Parity 1 (‘‘Petitioner’’).2 On October 27, 2010, the Department issued several requests for information and clarification of certain areas of the petition, to which Petitioner timely filed additional responses. On November 4, 2010, the Department received comments from Lumber Liquidators Services, LLC (‘‘Lumber Liquidators’’) and Home Legend LLC (‘‘Home Legend’’), U.S. importers of wood flooring. Lumber Liquidators and Home Legend are interested parties as defined by section 771(9)(A) of the Act. Additionally, on November 9, 2010, we 1 The Coalition for American Hardwood Parity is comprised of Anderson Hardwood Floors, LLC, Award Hardwood Floors, Baker’s Creek Wood Floors, Inc., From the Forest, Howell Hardwood Flooring, Mannington Mills, Inc., Nydree Flooring and Shaw Industries Group, Inc. 2 See Petitions for the Imposition of Antidumping and Countervailing Duties: Multilayered Wood Flooring from the People’s Republic of China, dated October 21, 2010 (‘‘Petition’’). E:\FR\FM\26MYN1.SGM 26MYN1

Agencies

[Federal Register Volume 76, Number 102 (Thursday, May 26, 2011)]
[Notices]
[Pages 30655-30656]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13088]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-840]


Certain Orange Juice From Brazil: Final Results of the Expedited 
Sunset Review of the Antidumping Duty Order

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

SUMMARY: On February 1, 2011, the Department of Commerce (the 
Department) initiated a sunset review of the antidumping duty order on 
certain orange juice (OJ) from Brazil, pursuant to section 751(c) of 
the Tariff Act of 1930, as amended (the Act). The Department has 
conducted an expedited (120-day) sunset review of this order pursuant 
to 19 CFR 351.218(e)(1)(ii)(C)(2). As a result of this sunset review, 
the Department finds that revocation of the antidumping duty order 
would be likely to lead to the continuation or recurrence of dumping.

DATES: Effective Date: May 26, 2011.

FOR FURTHER INFORMATION: Hector Rodriguez or Elizabeth Eastwood, 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-
0629 and (202) 482-3874, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On February 1, 2011, the Department published the notice of 
initiation of the first sunset review of the antidumping duty order on 
OJ from Brazil, pursuant to section 751(c) of the Act. See Initiation 
of Five-Year (``Sunset'') Review, 76 FR 5563 (Feb. 1, 2011) (Notice of 
Initiation).
    The Department received two separate notices of intent to 
participate from Florida Citrus Mutual, Citrus World, Inc., and Peace 
River Citrus Products, Inc. (the petitioners) and from Southern Gardens 
Citrus Processing Corporation (Southern Gardens), a producer in the 
United States of a domestic like product. Both the petitioners and 
Southern Gardens (collectively, the domestic interested parties) 
claimed interested party status under sections 771(9)(C) and (D) of the 
Act as producers of OJ in the United States.
    The Department received adequate substantive responses to the 
Notice of Initiation from the domestic interested parties within the 
30-day deadline specified in 19 CFR 351.218(d)(3)(i). We received no 
substantive responses from respondent interested parties with respect 
to the order covered by this sunset review. As a result, pursuant to 
section 752(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the 
Department conducted an expedited (120-day) sunset review of the 
antidumping duty order on OJ from Brazil.

[[Page 30656]]

Scope of the Order

    The scope of the 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 the 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 (SA), Fischer 
S.A. Comercio, Industria, and Agricultura, Montecitrus Trading S.A., 
and Sucocitrico Cutrale, 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.

Analysis of Comments Received

    All issues raised in this review are addressed in the ``Issues and 
Decision Memorandum for the Expedited Sunset Review of the Antidumping 
Duty Order on Certain Orange Juice from Brazil'' to Ronald K. 
Lorentzen, Deputy Assistant Secretary for Import Administration (May 
19, 2011) (Decision Memo), which is hereby adopted by this notice. The 
issues discussed in the Decision Memo include the likelihood of 
continuation or recurrence of dumping and the magnitude of the margin 
likely to prevail if the order were revoked. Parties can find a 
complete discussion of all issues raised in this review and the 
corresponding recommendations in this public memorandum which is on 
file in the Central Records Unit, Room 7046 of the main Department 
building.
    In addition, a complete version of the Decision Memo can be 
accessed directly on the Web at http://ia.ita.doc.gov/frn. The paper 
copy and electronic version of the Decision Memo are identical in 
content.

Final Results of Review

    We determine that revocation of the antidumping duty order on OJ 
from Brazil would be likely to lead to the continuation or recurrence 
of dumping at the following weighted-average percentage margins:

------------------------------------------------------------------------
                                                             Weighted-
            Manufacturers/Exporters/Producers             average margin
                                                             (percent)
------------------------------------------------------------------------
Fischer S.A. Comercio, Industria, and Agricultura *.....           12.46
Montecitrus Trading S.A.................................           60.29
Sucocitrico Cutrale, S.A................................           19.19
All-Others Rate **......................................           16.51
------------------------------------------------------------------------
* Fischer S.A. Comercio, Industria, and Agricultura is the successor-in-
  interest to Fischer S/A--Agroindustria.
** The all-others rate in regards to FCOJM applies to Cargill Citrus
  Limitada and Coinbra-Frutesp (SA). The all-others rate for NFC applies
  to all other companies not identified above.

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of the return or destruction of APO materials or 
conversion to judicial protective orders is hereby requested. Failure 
to comply with the regulations and terms of an APO is a violation which 
is subject to sanction.
    We are issuing and publishing the results and notice in accordance 
with sections 751(c), 752(c), and 777(i)(1) of the Act.

    Dated: May 19, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-13088 Filed 5-25-11; 8:45 am]
BILLING CODE 3510-DS-P