Lemon Juice From Mexico: Termination of Suspended Investigation, 48148-48149 [2013-19068]

Download as PDF 48148 Federal Register / Vol. 78, No. 152 / Wednesday, August 7, 2013 / Notices purposes. The written description of the scope of the order is dispositive. Methodology The Department has conducted this review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found countervailable, we preliminarily determine that there is a subsidy, i.e., a government-provided financial contribution that gives rise to a benefit to the recipient, and that the subsidy is specific.1 For a full description of the methodology underlying our conclusions, see the Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations to Paul Piquado, Assistant Secretary for Import Administration, titled Decision Memorandum for the Preliminary Results of Countervailing Duty (CVD) Administrative Review: Polyethylene Terephthalate Film, Sheet and Strip from India (Preliminary Decision Memorandum), dated concurrently with these results and hereby adopted by this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Import Administration’s Antidumping and Countervailing Duty Centralized Electronic Service System (IA ACCESS). IA ACCESS is available to registered users at http://iaaccess.trade.gov and in the Central Records Unit, room 7046 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly on the Internet at http://www.trade.gov/ ia. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content. mstockstill on DSK4VPTVN1PROD with NOTICES Preliminary Results of Review As a result of this review, we preliminarily determine a net countervailable subsidy rate of 2.84 percent ad valorem for SRF, for the period January 1, 2011, through December 31, 2011. Assessment and Cash Deposit Requirements If these preliminary results are adopted in our final results of this review, 15 days after publication of the final results of this review the Department intends to instruct U.S. Customs and Border Protection (CBP) to 1 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. VerDate Mar<15>2010 17:03 Aug 06, 2013 Jkt 229001 liquidate shipments of subject merchandise produced and/or exported by SRF entered or withdrawn from warehouse, for consumption from January 1, 2011, through December 31, 2011, at 2.84 percent ad valorem of the entered value. The Department intends also to instruct CBP to collect cash deposits of estimated CVDs at the rate of 2.84 percent ad valorem of the entered value on shipments of the subject merchandise produced and exported by SRF, entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this review. We intend to instruct CBP to continue to collect cash deposits for non-reviewed companies at the applicable company-specific CVD rate for the most recent period or allothers rate established in the investigation. These deposit rates, when imposed, shall remain in effect until further notice. and Constitution Avenue NW., Washington, DC 20230, at a time and location to be determined.5 Parties should confirm by telephone the date, time, and location of the hearing. Unless the deadline is extended pursuant to section 751(a)(3)(A) of the Act, the Department will issue the final results of this administrative review, including the results of our analysis of the issues raised by the parties in their comments, within 120 days after issuance of these preliminary results. These preliminary results of review are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4). Disclosure and Public Hearing The Department will disclose to parties to this proceeding the calculations performed in reaching the preliminary results within five days of the date of publication of these preliminary results.2 Interested parties may submit written comments (case briefs) within 30 days of publication of the preliminary results and rebuttal comments (rebuttal briefs) within five days after the time limit for filing case briefs.3 Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must be limited to issues raised in the case briefs. Parties who submit arguments are requested to submit with the argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. All briefs must be filed electronically and received successfully through IA ACCESS. Interested parties who wish to request a hearing, or to participate if one is requested, must do so within 30 days of publication of these preliminary results by submitting a written request to the Assistant Secretary for Import Administration, U.S. Department of Commerce, using Import Administration’s IA ACCESS system.4 Requests should contain the party’s name, address, and telephone number, the number of participants, and a list of the issues to be discussed. If a request for a hearing is made, we will inform parties of the scheduled date for the hearing which will be held at the U.S. Department of Commerce, 14th Street DEPARTMENT OF COMMERCE 2 See 19 CFR 351.224(b). 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1). 4 See 19 CFR 351.310(c). Dated: July 31, 2013. Paul Piquado, Assistant Secretary for Import Administration. [FR Doc. 2013–19094 Filed 8–6–13; 8:45 am] BILLING CODE 3510–DS–P International Trade Administration [A–201–835] Lemon Juice From Mexico: Termination of Suspended Investigation Import Administration, International Trade Administration, Department of Commerce. SUMMARY: As a result of the determination by the International Trade Commission (the ‘‘ITC’’) that termination of the suspended antidumping duty investigation on lemon juice from Mexico would not be likely to lead to the continuation or recurrence of material injury to an industry in the United States, the Department of Commerce (the ‘‘Department’’) is terminating the suspended antidumping duty investigation. As a result, the Department is also terminating the Agreement Suspending the Antidumping Investigation on Lemon Juice from Mexico (the ‘‘Agreement’’). DATES: Effective Date: September 21, 2012. 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: AGENCY: 3 See PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 5 See E:\FR\FM\07AUN1.SGM 19 CFR 351.310. 07AUN1 Federal Register / Vol. 78, No. 152 / Wednesday, August 7, 2013 / Notices Background On August 1, 2012, pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’), the Department initiated the first sunset review of the suspended antidumping duty investigation on lemon juice from Mexico.1 On August 1, 2012, pursuant to section 752 of the Act, the ITC instituted the first sunset review of the suspended antidumping duty investigation on lemon juice from Mexico.2 As a result of its review, on June 28, 2013, the Department found that termination of the suspended antidumping duty investigation on lemon juice from Mexico would likely lead to continuation or recurrence of dumping.3 The Department thus notified the ITC of the magnitude of the margins of dumping rates likely to prevail if the suspended investigation were terminated. On August 1, 2013, the ITC published its determination, pursuant to section 751(c) of the Act, that termination of the antidumping duty suspended investigation on lemon juice from Mexico would not be likely to lead to the continuation or recurrence of material injury within a reasonably foreseeable time.4 Therefore, pursuant to section 351.222(i)(1)(iii) of the Department’s regulations, the Department is publishing this notice of the termination of the suspended antidumping duty investigation on lemon juice from Mexico. 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 mstockstill on DSK4VPTVN1PROD with NOTICES 1 Initiation of Five-Year (‘‘‘‘Sunset’’’) Review and Correction, 77 FR 45589 (August 1, 2012). 2 [Investigation Nos. 731–TA–1105–1106 (Review)] Lemon Juice from Argentina and Mexico, 77 FR 45653 (August 1, 2012). 3 Lemon Juice From Mexico: Final Results of Full Sunset Review of the Suspended Antidumping Duty Investigation, 78 FR 38944 (June 28, 2013). 4 [Investigation Nos. 731–TA–1105–1106 (Review)] Lemon Juice from Argentina and Mexico, 78 FR 46610 (August 1, 2013) VerDate Mar<15>2010 17:03 Aug 06, 2013 Jkt 229001 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 suspended investigation is dispositive. Termination As a result of the determination by the ITC that termination of the suspended antidumping duty investigation would not be likely to lead to continuation or recurrence of material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act, the Department is terminating the suspended antidumping duty investigation on lemon juice from Mexico. Pursuant to section 751(d)(2) of the Act and 19 CFR 351.222(i)(2)(i), the effective date of termination is September 21, 2012 (i.e., the fifth anniversary of the effective date of publication in the Federal Register of the notice of suspension of investigation).5 Because the Department is terminating the suspended antidumping duty investigation, the Agreement will also terminate, effective September 21, 2012. Administrative Protective Order This notice also serves as the only reminder to parties subject to administrative protective order (‘‘APO’’) of their responsibility concerning the return/destruction or conversion to judicial protective order of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which may be subject to sanctions. These five-year (sunset) reviews and notice are in accordance with section 75l(d)(2) the Act and published pursuant to section 777(i)(l) of the Act. Dated: August 1, 2013. Paul Piquado, Assistant Secretary for Import Administration. [FR Doc. 2013–19068 Filed 8–6–13; 8:45 am] BILLING CODE 3510–DS–P 5 Suspension of Antidumping Duty Investigation: Lemon Juice From Mexico, 72 FR 53995 (September 21, 2007). PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 48149 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Proposed Information Collection; Comment Request; Statement of Financial Interests, Regional Fishery Management Councils National Oceanic and Atmospheric Administration (NOAA). ACTION: Notice. AGENCY: The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. DATES: Written comments must be submitted on or before October 7, 2013. ADDRESSES: Direct all written comments to Jennifer Jessup, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th and Constitution Avenue NW., Washington, DC 20230 (or via the Internet at JJessup@doc.gov). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument and instructions should be directed to William Chappell, (301) 427–8505 or william.chappell@noaa.gov. SUPPLEMENTARY INFORMATION: SUMMARY: I. Abstract This request is for revision and extension of a current information collection). The Magnuson-Stevens Fishery Conservation and Management Act (Magnuson Stevens Act) authorizes the establishment of Regional Fishery Management Councils to exercise sound judgment in the stewardship of fishery resources through the preparation, monitoring, and revision of such fishery management plans under circumstances (a) which will enable the States, the fishing industry, consumers, environmental organizations, and other interested persons to participate in the development of such plans, and (b) which take into account the social and economic needs of fishermen and dependent communities. Section 302(j) of the MagnusonStevens Act requires that Council members appointed by the Secretary, Scientific and Statistical Committee (SSC) members appointed by a Council under Section 302(g)(1), or individuals nominated by the Governor of a State for E:\FR\FM\07AUN1.SGM 07AUN1

Agencies

[Federal Register Volume 78, Number 152 (Wednesday, August 7, 2013)]
[Notices]
[Pages 48148-48149]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-19068]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-835]


Lemon Juice From Mexico: Termination of Suspended Investigation

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

SUMMARY: As a result of the determination by the International Trade 
Commission (the ``ITC'') that termination of the suspended antidumping 
duty investigation on lemon juice from Mexico would not be likely to 
lead to the continuation or recurrence of material injury to an 
industry in the United States, the Department of Commerce (the 
``Department'') is terminating the suspended antidumping duty 
investigation. As a result, the Department is also terminating the 
Agreement Suspending the Antidumping Investigation on Lemon Juice from 
Mexico (the ``Agreement'').

DATES: Effective Date: September 21, 2012.

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:

[[Page 48149]]

Background

    On August 1, 2012, pursuant to section 751(c) of the Tariff Act of 
1930, as amended (``the Act''), the Department initiated the first 
sunset review of the suspended antidumping duty investigation on lemon 
juice from Mexico.\1\ On August 1, 2012, pursuant to section 752 of the 
Act, the ITC instituted the first sunset review of the suspended 
antidumping duty investigation on lemon juice from Mexico.\2\ As a 
result of its review, on June 28, 2013, the Department found that 
termination of the suspended antidumping duty investigation on lemon 
juice from Mexico would likely lead to continuation or recurrence of 
dumping.\3\ The Department thus notified the ITC of the magnitude of 
the margins of dumping rates likely to prevail if the suspended 
investigation were terminated.
---------------------------------------------------------------------------

    \1\ Initiation of Five-Year (````Sunset''') Review and 
Correction, 77 FR 45589 (August 1, 2012).
    \2\ [Investigation Nos. 731-TA-1105-1106 (Review)] Lemon Juice 
from Argentina and Mexico, 77 FR 45653 (August 1, 2012).
    \3\ Lemon Juice From Mexico: Final Results of Full Sunset Review 
of the Suspended Antidumping Duty Investigation, 78 FR 38944 (June 
28, 2013).
---------------------------------------------------------------------------

    On August 1, 2013, the ITC published its determination, pursuant to 
section 751(c) of the Act, that termination of the antidumping duty 
suspended investigation on lemon juice from Mexico would not be likely 
to lead to the continuation or recurrence of material injury within a 
reasonably foreseeable time.\4\
---------------------------------------------------------------------------

    \4\ [Investigation Nos. 731-TA-1105-1106 (Review)] Lemon Juice 
from Argentina and Mexico, 78 FR 46610 (August 1, 2013)
---------------------------------------------------------------------------

    Therefore, pursuant to section 351.222(i)(1)(iii) of the 
Department's regulations, the Department is publishing this notice of 
the termination of the suspended antidumping duty investigation on 
lemon juice from Mexico.

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 suspended investigation is 
dispositive.

Termination

    As a result of the determination by the ITC that termination of the 
suspended antidumping duty investigation would not be likely to lead to 
continuation or recurrence of material injury to an industry in the 
United States, pursuant to section 751(d)(2) of the Act, the Department 
is terminating the suspended antidumping duty investigation on lemon 
juice from Mexico. Pursuant to section 751(d)(2) of the Act and 19 CFR 
351.222(i)(2)(i), the effective date of termination is September 21, 
2012 (i.e., the fifth anniversary of the effective date of publication 
in the Federal Register of the notice of suspension of 
investigation).\5\ Because the Department is terminating the suspended 
antidumping duty investigation, the Agreement will also terminate, 
effective September 21, 2012.
---------------------------------------------------------------------------

    \5\ Suspension of Antidumping Duty Investigation: Lemon Juice 
From Mexico, 72 FR 53995 (September 21, 2007).
---------------------------------------------------------------------------

Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return/destruction or conversion to judicial protective 
order of proprietary information disclosed under APO in accordance with 
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which 
may be subject to sanctions. These five-year (sunset) reviews and 
notice are in accordance with section 75l(d)(2) the Act and published 
pursuant to section 777(i)(l) of the Act.

    Dated: August 1, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-19068 Filed 8-6-13; 8:45 am]
BILLING CODE 3510-DS-P