Lemon Juice from Mexico: Preliminary Results of Full Sunset Review of the Suspended Antidumping Duty Investigation, 75998-75999 [2012-31101]
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75998
Federal Register / Vol. 77, No. 247 / Wednesday, December 26, 2012 / Notices
Dated: December 19, 2012.
Edward A. O’Malley,
Director, Office of Energy and Environmental
Industries.
[FR Doc. 2012–30969 Filed 12–21–12; 4:15 pm]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–835]
Lemon Juice from Mexico: Preliminary
Results of Full Sunset Review of the
Suspended Antidumping Duty
Investigation
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective December 26, 2012.
SUMMARY: On August 1, 2012, the
Department of Commerce
(‘‘Department’’) published in the
Federal Register the notice of initiation
of the sunset review of the suspended
antidumping duty investigation on
lemon juice from Mexico. On September
19, 2012, based on the adequacy of
responses from both the domestic and
the respondent interested parties, the
Department determined to conduct a
full sunset review as provided for in
section 751(c)(5)(A) of the Act and in 19
CFR 351.218(e)(2). As a result of its
analysis, the Department preliminarily
finds that termination of the suspended
antidumping duty investigation would
be likely to lead to continuation or
recurrence of dumping at the margins
indicated in the ‘‘Preliminary Results of
Review’’ section of this notice.
FOR FURTHER INFORMATION CONTACT:
Maureen Price or Sally C. Gannon,
Bilateral Agreements Unit, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–4271 or (202) 482–
0162, respectively.
SUPPLEMENTARY INFORMATION:
tkelley on DSK3SPTVN1PROD with
AGENCY:
Background
On August 1, 2012, the Department
initiated a sunset review of the
suspended antidumping duty
investigation on lemon juice from
Mexico, pursuant to section 751(c) of
the Tariff Act of 1930, as amended (‘‘the
Act’’).1 The Department received a
notice of intent to participate from the
domestic interested party, Ventura
Coastal, LLC (‘‘Ventura’’), a joint
venture between Ventura Coastal and
1 See Initiation of Five-Year (‘‘Sunset’’) Review
and Correction, 77 FR 45589 (August 1, 2012).
VerDate Mar<15>2010
06:31 Dec 22, 2012
Jkt 229001
Sunkist Growers, Inc., the petitioner in
the underlying investigation, within the
deadline specified in 19 CFR
351.218(d)(1)(i). Ventura claimed
interested party status under section
771(9)(C) of the Act as a U.S. producer
of the subject merchandise. On August
31, 2012, the Department received
complete substantive responses from the
domestic interested party and the
respondent interested parties, The CocaCola Company and its subsidiary, The
Coca-Cola Export Corporation, Mexico
Branch (collectively, ‘‘TCCC’’) and
Procimart Citrus (‘‘Procimart’’), within
the 30-day deadline specified in 19 CFR
351.218(d)(3)(i). On September 7, 2012,
the Department received timely filed
rebuttals to the substantive responses
from Ventura and Procimart. As a result,
pursuant to 19 CFR 351.218(e)(2), the
Department determined to conduct a
full sunset review.2
Scope of the Suspended Investigation
The merchandise covered by the
suspended investigation includes
certain 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-fromconcentrate), 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
Agreement is dispositive.
Analysis of Comments Received
All issues raised in this review are
addressed in the Issues and Decision
Memorandum (‘‘Decision
Memorandum’’) from Lynn Fischer Fox,
2 See Memorandum to Sally C. Gannon, Director
for Bilateral Agreements, Office of Policy, on
‘‘Sunset Review of the Agreement Suspending the
Antidumping Investigation of Lemon Juice from
Mexico: Adequacy Determination’’ dated September
19, 2012.
PO 00000
Frm 00031
Fmt 4703
Sfmt 4703
Deputy Assistant Secretary for Policy &
Negotiations, to Paul Piquado, Assistant
Secretary for Import Administration,
dated concurrently with this notice,
which is hereby adopted by this notice.
The issues discussed in the Decision
Memorandum include the likelihood of
continuation or recurrence of dumping,
the magnitude of the margin of dumping
likely to prevail if the suspended
investigation were terminated, and the
standing of Ventura as the domestic
interested party. Parties can find a
complete discussion of all issues raised
in this sunset review and the
corresponding recommendations in this
public memorandum, which is on file
electronically via Import
Administration’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (‘‘IA
ACCESS’’). Access to IA ACCESS is
available to registered users at https://
iaaccess.trade.gov/ and in the Central
Records Unit (‘‘CRU’’), Room 7046 of
the main Department of Commerce
building. In addition, a complete
version of the Decision Memorandum
can be accessed directly on the Internet
at https://ia.ita.doc.gov/frn. The paper
copy and electronic version of the
Decision Memorandum are identical in
content.
Preliminary Results of Review
Pursuant to sections 751(c)(1) and (3)
of the Act, the Department preliminarily
determines that termination of the
suspended antidumping duty
investigation on lemon juice from
Mexico would likely lead to
continuation or recurrence of dumping
at the following weighted-average
percentage margins:
Manufacturer/Exporter CHED
H=≥1≥≤Weighted-Average
Margin (percent)
The Coca–Cola Export Corporation, Mexico Branch .......
Citrotam Internacional S.P.R.
de R.L.(Citrotam)/Productos
Naturales de Citricos
(Pronacit) ...............................
All Others ..................................
146.10
205.37
146.10
Interested parties may submit case
briefs no later than 50 days after the
date of publication of the preliminary
results of this full sunset review, in
accordance with 19 CFR 51.309(c)(1)(i).
Any interested party may request a
hearing within 30 days of publication of
this notice in accordance with 19 CFR
351.310(c). Rebuttal briefs, which must
be limited to issues raised in the case
briefs, may be filed not later than the
five days after the time limit for filing
E:\FR\FM\26DEN1.SGM
26DEN1
Federal Register / Vol. 77, No. 247 / Wednesday, December 26, 2012 / Notices
case briefs in accordance with 19 CFR
351.309(d).
A hearing, if requested, will be held
two days after the date the rebuttal
briefs are due. The Department will
issue a notice of final results of this full
sunset review, which will include the
results of its analysis of issues raised in
any such comments, no later than
March 29, 2013.
The Department is issuing and
publishing the results and notice in
accordance with sections 751(c), 752(c),
and 777(i)(1) of the Act.
Dated: December 19, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
[FR Doc. 2012–31101 Filed 12–21–12; 4:15 pm]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XC379
2013 Annual Determination for Sea
Turtle Observer Requirement
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice.
AGENCY:
The National Marine
Fisheries Service (NMFS) is providing
notification that the agency will not
identify additional fisheries to observe
on the Annual Determination (AD) for
2013, pursuant to its authority under the
Endangered Species Act (ESA). Through
an AD, NMFS identifies U.S. fisheries
operating in the Atlantic Ocean, Gulf of
Mexico, and Pacific Ocean that will be
required to take observers upon NMFS’
request. The purpose of observing
identified fisheries is to learn more
about sea turtle interactions in a given
fishery, evaluate existing measures to
prevent or reduce prohibited sea turtle
takes, and to determine whether
additional measures to implement the
prohibition against sea turtle takes may
be necessary. Fisheries identified in the
2010 AD (see Table 1) remain on the AD
and are therefore required to carry
observers upon NMFS’ request until
December 31, 2014.
ADDRESSES: See SUPPLEMENTARY
INFORMATION for a listing of all Regional
Offices.
FOR FURTHER INFORMATION CONTACT: Sara
McNulty, Office of Protected Resources,
301–427–8402; Ellen Keane, Northeast
Region, 978–282–8476; Dennis Klemm,
tkelley on DSK3SPTVN1PROD with
SUMMARY:
VerDate Mar<15>2010
06:31 Dec 22, 2012
Jkt 229001
Southeast Region, 727–824–5312;
Christina Fahy, Southwest Region, 562–
980–4023; Dawn Golden, Pacific Islands
Region, 808–944–2252. Individuals who
use a telecommunications device for the
hearing impaired may call the Federal
Information Relay Service at 1–800–
877–8339 between 8 a.m. and 4 p.m.
Eastern time, Monday through Friday,
excluding Federal holidays.
SUPPLEMENTARY INFORMATION:
Availability of Published Materials
Information regarding the Sea Turtle
Observer Requirement for Fisheries (72
FR 43176, August 3, 2007) may be
obtained at www.nmfs.noaa.gov/pr/
species/turtles/regulations.htm or from
any NMFS Regional Office at the
addresses listed below:
• NMFS, Northeast Region, 55 Great
Republic Drive, Gloucester, MA 01930;
• NMFS, Southeast Region, 263 13th
Avenue South, St. Petersburg, FL 33701;
• NMFS, Southwest Region, 501 W.
Ocean Blvd., Suite 4200, Long Beach,
CA 90802;
• NMFS, Pacific Islands Region,
Protected Resources, 1601 Kapiolani
Boulevard, Suite 1100, Honolulu, HI
96814.
Purpose of the Sea Turtle Observer
Requirement
Under the ESA, 16 U.S.C. 1531 et seq.,
NMFS has the responsibility to
implement programs to conserve marine
life listed as endangered or threatened.
All sea turtles found in U.S. waters are
listed as either endangered or
threatened under the ESA. Kemp’s
ridley (Lepidochelys kempii),
loggerhead (Caretta caretta; North
Pacific distinct population segment),
leatherback (Dermochelys coriacea), and
hawksbill (Eretmochelys imbricata) sea
turtles are listed as endangered.
Loggerhead (Caretta caretta; Northwest
Atlantic distinct population segment),
green (Chelonia mydas), and olive
ridley (Lepidochelys olivacea) sea
turtles are listed as threatened, except
for breeding colony populations of green
turtles in Florida and on the Pacific
coast of Mexico, and breeding colony
populations of olive ridleys on the
Pacific coast of Mexico, which are listed
as endangered. Due to the inability to
distinguish between populations of
green and olive ridley turtles away from
the nesting beach, NMFS considers
these turtles endangered wherever they
occur in U.S. waters. While some sea
turtle populations have shown signs of
recovery, many populations continue to
decline.
Incidental take, or bycatch, in fishing
gear is one of the main sources of sea
turtle injury and mortality nationwide.
PO 00000
Frm 00032
Fmt 4703
Sfmt 4703
75999
Section 9 of the ESA prohibits the take
(including harassing, harming,
pursuing, hunting, shooting, wounding,
killing, trapping, capturing, or collecting
or attempting to engage in any such
conduct), including incidental take, of
endangered sea turtles. Pursuant to
section 4(d) of the ESA, NMFS has
issued regulations extending the
prohibition of take, with exceptions, to
threatened sea turtles (50 CFR 223.205
and 223.206). Sections 9 and 11 of the
ESA authorize the issuance of
regulations to enforce the take
prohibitions. NMFS may grant
exceptions to the take prohibitions with
an incidental take statement or an
incidental take permit issued pursuant
to ESA section 7 or 10, respectively. To
do so, NMFS must determine that the
activity that will result in incidental
take is not likely to jeopardize the
continued existence of the affected
listed species. For some Federal
fisheries and most state fisheries, NMFS
has not granted an exception primarily
because we lack information about
fishery-sea turtle interactions.
The most effective way for NMFS to
learn more about sea turtle-fishery
interactions in order to prevent or
minimize take is to place observers
aboard fishing vessels. In 2007, NMFS
issued a regulation (50 CFR 222.402) to
establish procedures through which
each year NMFS will identify, pursuant
to specified criteria and after notice and
opportunity for comment, those
fisheries in which the agency intends to
place observers (72 FR 43176, August 3,
2007). These regulations specify that
NMFS may place observers on U.S.
fishing vessels, either recreational or
commercial, operating in U.S. territorial
waters, the U.S. exclusive economic
zone (EEZ), or on the high seas, or on
vessels that are otherwise subject to the
jurisdiction of the United States. Failure
to comply with the requirements under
this rule may result in civil or criminal
penalties under the ESA.
NMFS and/or interested cooperating
entities will pay the direct costs for
vessels to carry observers. These include
observer salary and insurance costs.
NMFS may also evaluate other potential
direct costs, should they arise. Once
selected, a fishery will be eligible to be
observed for 5 years without further
action by NMFS. This will enable NMFS
to develop an appropriate sampling
protocol to investigate whether, how,
when, where, and under what
conditions incidental takes are
occurring; to evaluate whether existing
measures are minimizing or preventing
takes; and to determine whether
additional measures are needed to
conserve and recover turtles.
E:\FR\FM\26DEN1.SGM
26DEN1
Agencies
[Federal Register Volume 77, Number 247 (Wednesday, December 26, 2012)]
[Notices]
[Pages 75998-75999]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-31101]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-835]
Lemon Juice from Mexico: Preliminary Results of Full Sunset
Review of the Suspended Antidumping Duty Investigation
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective December 26, 2012.
SUMMARY: On August 1, 2012, the Department of Commerce (``Department'')
published in the Federal Register the notice of initiation of the
sunset review of the suspended antidumping duty investigation on lemon
juice from Mexico. On September 19, 2012, based on the adequacy of
responses from both the domestic and the respondent interested parties,
the Department determined to conduct a full sunset review as provided
for in section 751(c)(5)(A) of the Act and in 19 CFR 351.218(e)(2). As
a result of its analysis, the Department preliminarily finds that
termination of the suspended antidumping duty investigation would be
likely to lead to continuation or recurrence of dumping at the margins
indicated in the ``Preliminary Results of Review'' section of this
notice.
FOR FURTHER INFORMATION CONTACT: Maureen Price or Sally C. Gannon,
Bilateral Agreements Unit, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4271 or (202) 482-0162, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 1, 2012, the Department initiated a sunset review of the
suspended antidumping duty investigation on lemon juice from Mexico,
pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the
Act'').\1\ The Department received a notice of intent to participate
from the domestic interested party, Ventura Coastal, LLC (``Ventura''),
a joint venture between Ventura Coastal and Sunkist Growers, Inc., the
petitioner in the underlying investigation, within the deadline
specified in 19 CFR 351.218(d)(1)(i). Ventura claimed interested party
status under section 771(9)(C) of the Act as a U.S. producer of the
subject merchandise. On August 31, 2012, the Department received
complete substantive responses from the domestic interested party and
the respondent interested parties, The Coca-Cola Company and its
subsidiary, The Coca-Cola Export Corporation, Mexico Branch
(collectively, ``TCCC'') and Procimart Citrus (``Procimart''), within
the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). On September
7, 2012, the Department received timely filed rebuttals to the
substantive responses from Ventura and Procimart. As a result, pursuant
to 19 CFR 351.218(e)(2), the Department determined to conduct a full
sunset review.\2\
---------------------------------------------------------------------------
\1\ See Initiation of Five-Year (``Sunset'') Review and
Correction, 77 FR 45589 (August 1, 2012).
\2\ See Memorandum to Sally C. Gannon, Director for Bilateral
Agreements, Office of Policy, on ``Sunset Review of the Agreement
Suspending the Antidumping Investigation of Lemon Juice from Mexico:
Adequacy Determination'' dated September 19, 2012.
---------------------------------------------------------------------------
Scope of the Suspended Investigation
The merchandise covered by the suspended investigation includes
certain 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 Agreement is dispositive.
Analysis of Comments Received
All issues raised in this review are addressed in the Issues and
Decision Memorandum (``Decision Memorandum'') from Lynn Fischer Fox,
Deputy Assistant Secretary for Policy & Negotiations, to Paul Piquado,
Assistant Secretary for Import Administration, dated concurrently with
this notice, which is hereby adopted by this notice. The issues
discussed in the Decision Memorandum include the likelihood of
continuation or recurrence of dumping, the magnitude of the margin of
dumping likely to prevail if the suspended investigation were
terminated, and the standing of Ventura as the domestic interested
party. Parties can find a complete discussion of all issues raised in
this sunset review and the corresponding recommendations in this public
memorandum, which is on file electronically via Import Administration's
Antidumping and Countervailing Duty Centralized Electronic Service
System (``IA ACCESS''). Access to IA ACCESS is available to registered
users at https://iaaccess.trade.gov/ and in the Central Records Unit
(``CRU''), Room 7046 of the main Department of Commerce building. In
addition, a complete version of the Decision Memorandum can be accessed
directly on the Internet at https://ia.ita.doc.gov/frn. The paper copy
and electronic version of the Decision Memorandum are identical in
content.
Preliminary Results of Review
Pursuant to sections 751(c)(1) and (3) of the Act, the Department
preliminarily determines that termination of the suspended antidumping
duty investigation on lemon juice from Mexico would likely lead to
continuation or recurrence of dumping at the following weighted-average
percentage margins:
------------------------------------------------------------------------
Manufacturer/Exporter CHED H=1>Weighted-Average
------------------------------------------------------------
Margin (percent)
------------------------------------------------------------
The Coca-Cola Export Corporation, Mexico Branch............ 146.10
Citrotam Internacional S.P.R. de R.L.(Citrotam)/Productos 205.37
Naturales de Citricos (Pronacit)..........................
All Others................................................. 146.10
------------------------------------------------------------------------
Interested parties may submit case briefs no later than 50 days
after the date of publication of the preliminary results of this full
sunset review, in accordance with 19 CFR 51.309(c)(1)(i). Any
interested party may request a hearing within 30 days of publication of
this notice in accordance with 19 CFR 351.310(c). Rebuttal briefs,
which must be limited to issues raised in the case briefs, may be filed
not later than the five days after the time limit for filing
[[Page 75999]]
case briefs in accordance with 19 CFR 351.309(d).
A hearing, if requested, will be held two days after the date the
rebuttal briefs are due. The Department will issue a notice of final
results of this full sunset review, which will include the results of
its analysis of issues raised in any such comments, no later than March
29, 2013.
The Department is issuing and publishing the results and notice in
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act.
Dated: December 19, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-31101 Filed 12-21-12; 4:15 pm]
BILLING CODE 3510-DS-P