Lemon Juice from Mexico: Preliminary Results of Full Sunset Review of the Suspended Antidumping Duty Investigation, 75998-75999 [2012-31101]

Download as PDF 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 http:// 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 http://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]


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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 http://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 http://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