Lemon Juice From Argentina; Institution of a Five-Year Review, 49054-49057 [2021-18787]

Download as PDF khammond on DSKJM1Z7X2PROD with NOTICES 49054 Federal Register / Vol. 86, No. 167 / Wednesday, September 1, 2021 / Notices the relevant State, Federal, and Tribal interests. We hereby adopt the Bracker analysis from the preamble to the surface leasing regulations, 77 FR at 72447–48, as supplemented by the analysis below. The strong Federal and Tribal interests against State and local taxation of improvements, leaseholds, and activities on land leased under the Department’s leasing regulations apply equally to improvements, leaseholds, and activities on land leased pursuant to Tribal leasing regulations approved under the HEARTH Act. Congress’s overarching intent was to ‘‘allow Tribes to exercise greater control over their own land, support self-determination, and eliminate bureaucratic delays that stand in the way of homeownership and economic development in Tribal communities.’’ 158 Cong. Rec. H. 2682 (May 15, 2012). The HEARTH Act was intended to afford Tribes ‘‘flexibility to adapt lease terms to suit [their] business and cultural needs’’ and to ‘‘enable [Tribes] to approve leases quickly and efficiently.’’ H. Rep. 112–427 at 6 (2012). Assessment of State and local taxes would obstruct these express Federal policies supporting Tribal economic development and self-determination, and also threaten substantial Tribal interests in effective Tribal government, economic self-sufficiency, and territorial autonomy. See Michigan v. Bay Mills Indian Community, 572 U.S. 782, 810 (2014) (Sotomayor, J., concurring) (determining that ‘‘[a] key goal of the Federal Government is to render Tribes more self-sufficient, and better positioned to fund their own sovereign functions, rather than relying on Federal funding’’). The additional costs of State and local taxation have a chilling effect on potential lessees, as well as on a Tribe that, as a result, might refrain from exercising its own sovereign right to impose a Tribal tax to support its infrastructure needs. See id. at 810–11 (finding that State and local taxes greatly discourage Tribes from raising tax revenue from the same sources because the imposition of double taxation would impede Tribal economic growth). Similar to BIA’s surface leasing regulations, Tribal regulations under the HEARTH Act pervasively cover all aspects of leasing. See 25 U.S.C. 415(h)(3)(B)(i) (requiring Tribal regulations be consistent with BIA surface leasing regulations). Furthermore, the Federal government remains involved in the Tribal land leasing process by approving the Tribal leasing regulations in the first instance and providing technical assistance, VerDate Sep<11>2014 17:09 Aug 31, 2021 Jkt 253001 upon request by a Tribe, for the development of an environmental review process. The Secretary also retains authority to take any necessary actions to remedy violations of a lease or of the Tribal regulations, including terminating the lease or rescinding approval of the Tribal regulations and reassuming lease approval responsibilities. Moreover, the Secretary continues to review, approve, and monitor individual Indian land leases and other types of leases not covered under the Tribal regulations according to the Part 162 regulations. Accordingly, the Federal and Tribal interests weigh heavily in favor of preemption of State and local taxes on lease-related activities and interests, regardless of whether the lease is governed by Tribal leasing regulations or Part 162. Improvements, activities, and leasehold or possessory interests may be subject to taxation by the Table Mountain Rancheria. Bryan Newland, Assistant Secretary—Indian Affairs. [FR Doc. 2021–18826 Filed 8–31–21; 8:45 am] BILLING CODE 4337–15–P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [212A2100DD/AAKC001030/ A0A501010.999900253G] Indian Gaming; Approval of TribalState Class III Gaming Compact in the State of Washington Bureau of Indian Affairs, Interior. ACTION: Notice. AGENCY: This notice publishes the approval of the Tenth Amendment to the Tribal-State Compact (Amendment) for Class III Gaming between the Tulalip Tribes of Washington (Tribe) and the State of Washington (State). DATES: The amendment takes effect on September 1, 2021. FOR FURTHER INFORMATION CONTACT: Ms. Paula L. Hart, Director, Office of Indian Gaming, Office of the Deputy Assistant Secretary—Policy and Economic Development, Washington, DC 20240, paula.hart@bia.gov, (202) 219–4066. SUPPLEMENTARY INFORMATION: Under section 11 of the Indian Gaming Regulatory Act (IGRA), Public Law 100– 497, 25 U.S.C. 2701 et seq., the Secretary of the Interior shall publish in the Federal Register notice of approved Tribal-State compacts for the purpose of engaging in Class III gaming activities on Indian lands. As required by 25 CFR SUMMARY: PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 293.4, all compacts and amendments are subject to review and approval by the Secretary. The Amendment authorizes the Tribe to engage in sports wagering at the Tribe’s class III gaming facility, updates the Compact to reflect this change in various sections, and incorporates Appendix S Sports Wagering. The Amendment is approved. Bryan Newland, Assistant Secretary—Indian Affairs. [FR Doc. 2021–18821 Filed 8–31–21; 8:45 am] BILLING CODE 4337–15–P INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–1105 (Second Review)] Lemon Juice From Argentina; Institution of a Five-Year Review United States International Trade Commission. ACTION: Notice. AGENCY: The Commission hereby gives notice that it has instituted a review pursuant to the Tariff Act of 1930 (‘‘the Act’’), as amended, to determine whether termination of the suspended antidumping duty investigation on lemon juice from Argentina would be likely to lead to continuation or recurrence of material injury. Pursuant to the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission. DATES: Instituted September 1, 2021. To be assured of consideration, the deadline for responses is October 1, 2021. Comments on the adequacy of responses may be filed with the Commission by November 16, 2021. FOR FURTHER INFORMATION CONTACT: Lawrence Jones (202–205–3358), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearingimpaired persons can obtain information on this matter by contacting the Commission’s TDD terminal on 202– 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its internet server (https:// www.usitc.gov). The public record for this proceeding may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION: SUMMARY: E:\FR\FM\01SEN1.SGM 01SEN1 Federal Register / Vol. 86, No. 167 / Wednesday, September 1, 2021 / Notices Background Effective September 10, 2007, the Department of Commerce (‘‘Commerce’’) suspended an antidumping duty investigation on imports of lemon juice from Argentina (72 FR 53991). On August 1, 2012, Commerce initiated and the Commission instituted its first fiveyear review of the suspended investigation (77 FR 45589 and 77 FR 45653). On August 1, 2013, pursuant to section 751(c) of the Act, the Commission determined that termination of the suspended investigation on lemon juice from Argentina would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time (78 FR 46610). As a result, on August 7, 2013, Commerce published notice of the continuation of the suspended investigation on lemon juice from Argentina. Following the first fiveyear reviews by Commerce and the Commission, effective October 20, 2016, Commerce signed a new suspension agreement with substantially all growers/exporters of lemon juice from Argentina and issued a continuation of the suspended investigation on imports of lemon juice from Argentina (81 FR 74395). The Commission is now conducting a second review pursuant to section 751(c) of the Act, as amended (19 U.S.C. 1675(c)), to determine whether termination of the suspended investigation would be likely to lead to continuation or recurrence of material injury to the domestic industry within a reasonably foreseeable time. Provisions concerning the conduct of this proceeding may be found in the Commission’s Rules of Practice and Procedure at 19 CFR part 201, subparts A and B, and 19 CFR part 207, subparts A and F. The Commission will assess the adequacy of interested party responses to this notice of institution to determine whether to conduct a full review or an expedited review. The Commission’s determination in any expedited review will be based on the facts available, which may include information provided in response to this notice. khammond on DSKJM1Z7X2PROD with NOTICES Definitions The following definitions apply to this review: (1) Subject Merchandise is the class or kind of merchandise that is within the scope of the five-year review, as defined by the Department of Commerce. (2) The Subject Country in this review is Argentina. (3) The Domestic Like Product is the domestically produced product or VerDate Sep<11>2014 17:09 Aug 31, 2021 Jkt 253001 products which are like, or in the absence of like, most similar in characteristics and uses with, the Subject Merchandise. In its original preliminary determination, the Commission defined a single Domestic Like Product consisting of all lemon juice for further manufacturing, coextensive with the scope of the investigation. In its five-year review determination of the suspended antidumping duty investigation, the Commission defined the Domestic Like Product as consisting of certain lemon juice, coextensive with the scope of the review. (4) The Domestic Industry is the U.S. producers as a whole of the Domestic Like Product, or those producers whose collective output of the Domestic Like Product constitutes a major proportion of the total domestic production of the product. In its original preliminary determination, the Commission defined a single Domestic Industry consisting of all domestic producers of lemon juice for further manufacture, corresponding to the subject merchandise in the investigation. The Commission found that the lemon growers did not meet the criteria for inclusion in the Domestic Industry pursuant to the statutory grower/processor provision. In its fiveyear review determination, the Commission defined the Domestic Industry as consisting of all domestic producers of lemon juice for further manufacture, and again did not include lemon growers as part of the domestic industry. (5) An Importer is any person or firm engaged, either directly or through a parent company or subsidiary, in importing the Subject Merchandise into the United States from a foreign manufacturer or through its selling agent. Participation in the Proceeding and Public Service List Persons, including industrial users of the Subject Merchandise and, if the merchandise is sold at the retail level, representative consumer organizations, wishing to participate in the proceeding as parties must file an entry of appearance with the Secretary to the Commission, as provided in § 201.11(b)(4) of the Commission’s rules, no later than 21 days after publication of this notice in the Federal Register. The Secretary will maintain a public service list containing the names and addresses of all persons, or their representatives, who are parties to the proceeding. Former Commission employees who are seeking to appear in Commission five-year reviews are advised that they PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 49055 may appear in a review even if they participated personally and substantially in the corresponding underlying original investigation or an earlier review of the same underlying investigation. The Commission’s designated agency ethics official has advised that a five-year review is not the same particular matter as the underlying original investigation, and a five-year review is not the same particular matter as an earlier review of the same underlying investigation for purposes of 18 U.S.C. 207, the post-employment statute for Federal employees, and Commission rule 201.15(b) (19 CFR 201.15(b)), 79 FR 3246 (Jan. 17, 2014), 73 FR 24609 (May 5, 2008). Consequently, former employees are not required to seek Commission approval to appear in a review under Commission rule 19 CFR 201.15, even if the corresponding underlying original investigation or an earlier review of the same underlying investigation was pending when they were Commission employees. For further ethics advice on this matter, contact Charles Smith, Office of the General Counsel, at 202– 205–3408. Limited Disclosure of Business Proprietary Information (BPI) Under an Administrative Protective Order (APO) and APO Service List Pursuant to § 207.7(a) of the Commission’s rules, the Secretary will make BPI submitted in this proceeding available to authorized applicants under the APO issued in the proceeding, provided that the application is made no later than 21 days after publication of this notice in the Federal Register. Authorized applicants must represent interested parties, as defined in 19 U.S.C. 1677(9), who are parties to the proceeding. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. Certification Pursuant to § 207.3 of the Commission’s rules, any person submitting information to the Commission in connection with this proceeding must certify that the information is accurate and complete to the best of the submitter’s knowledge. In making the certification, the submitter will acknowledge that information submitted in response to this request for information and throughout this proceeding or other proceeding may be disclosed to and used: (i) By the Commission, its employees and Offices, and contract personnel (a) for developing or maintaining the records of this or a related proceeding, or (b) in E:\FR\FM\01SEN1.SGM 01SEN1 49056 Federal Register / Vol. 86, No. 167 / Wednesday, September 1, 2021 / Notices khammond on DSKJM1Z7X2PROD with NOTICES internal investigations, audits, reviews, and evaluations relating to the programs, personnel, and operations of the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and contract personnel, solely for cybersecurity purposes. All contract personnel will sign appropriate nondisclosure agreements. Written Submissions Pursuant to § 207.61 of the Commission’s rules, each interested party response to this notice must provide the information specified below. The deadline for filing such responses is October 1, 2021. Pursuant to § 207.62(b) of the Commission’s rules, eligible parties (as specified in Commission rule 207.62(b)(1)) may also file comments concerning the adequacy of responses to the notice of institution and whether the Commission should conduct an expedited or full review. The deadline for filing such comments is November 16, 2021. All written submissions must conform with the provisions of § 201.8 of the Commission’s rules; any submissions that contain BPI must also conform with the requirements of §§ 201.6, 207.3, and 207.7 of the Commission’s rules. The Commission’s Handbook on Filing Procedures, available on the Commission’s website at https:// www.usitc.gov/documents/handbook_ on_filing_procedures.pdf, elaborates upon the Commission’s procedures with respect to filings. Also, in accordance with §§ 201.16(c) and 207.3 of the Commission’s rules, each document filed by a party to the proceeding must be served on all other parties to the proceeding (as identified by either the public or APO service list as appropriate), and a certificate of service must accompany the document (if you are not a party to the proceeding you do not need to serve your response). Please note the Secretary’s Office will accept only electronic filings at this time. Filings must be made through the Commission’s Electronic Document Information System (EDIS, https:// edis.usitc.gov). No in-person paperbased filings or paper copies of any electronic filings will be accepted until further notice. No response to this request for information is required if a currently valid Office of Management and Budget (‘‘OMB’’) number is not displayed; the OMB number is 3117 0016/USITC No. 21–5–497, expiration date June 30, 2023. Public reporting burden for the request is estimated to average 15 hours per response. Please send comments regarding the accuracy of this burden VerDate Sep<11>2014 17:09 Aug 31, 2021 Jkt 253001 estimate to the Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Inability To Provide Requested Information Pursuant to § 207.61(c) of the Commission’s rules, any interested party that cannot furnish the information requested by this notice in the requested form and manner shall notify the Commission at the earliest possible time, provide a full explanation of why it cannot provide the requested information, and indicate alternative forms in which it can provide equivalent information. If an interested party does not provide this notification (or the Commission finds the explanation provided in the notification inadequate) and fails to provide a complete response to this notice, the Commission may take an adverse inference against the party pursuant to § 776(b) of the Act (19 U.S.C. 1677e(b)) in making its determination in the review. Information To Be Provided in Response to This Notice of Institution As used below, the term ‘‘firm’’ includes any related firms. (1) The name and address of your firm or entity (including World Wide Web address) and name, telephone number, fax number, and Email address of the certifying official. (2) A statement indicating whether your firm/entity is an interested party under 19 U.S.C. 1677(9) and if so, how, including whether your firm/entity is a U.S. producer of the Domestic Like Product, a U.S. union or worker group, a U.S. importer of the Subject Merchandise, a foreign producer or exporter of the Subject Merchandise, a U.S. or foreign trade or business association (a majority of whose members are interested parties under the statute), or another interested party (including an explanation). If you are a union/worker group or trade/business association, identify the firms in which your workers are employed or which are members of your association. (3) A statement indicating whether your firm/entity is willing to participate in this proceeding by providing information requested by the Commission. (4) A statement of the likely effects of the termination of the suspended investigation on the Domestic Industry in general and/or your firm/entity specifically. In your response, please discuss the various factors specified in section 752(a) of the Act (19 U.S.C. 1675a(a)) including the likely volume of PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 subject imports, likely price effects of subject imports, and likely impact of imports of Subject Merchandise on the Domestic Industry. (5) A list of all known and currently operating U.S. producers of the Domestic Like Product. Identify any known related parties and the nature of the relationship as defined in section 771(4)(B) of the Act (19 U.S.C. 1677(4)(B)). (6) A list of all known and currently operating U.S. importers of the Subject Merchandise and producers of the Subject Merchandise in the Subject Country that currently export or have exported Subject Merchandise to the United States or other countries after 2016. (7) A list of 3–5 leading purchasers in the U.S. market for the Domestic Like Product and the Subject Merchandise (including street address, World Wide Web address, and the name, telephone number, fax number, and Email address of a responsible official at each firm). (8) A list of known sources of information on national or regional prices for the Domestic Like Product or the Subject Merchandise in the U.S. or other markets. (9) If you are a U.S. producer of the Domestic Like Product, provide the following information on your firm’s operations on that product during calendar year 2020, except as noted (report quantity data in 1,000 gallons @ 400 GPL and value data in U.S. dollars, f.o.b. plant). If you are a union/worker group or trade/business association, provide the information, on an aggregate basis, for the firms in which your workers are employed/which are members of your association. (a) Production (quantity) and, if known, an estimate of the percentage of total U.S. production of the Domestic Like Product accounted for by your firm’s(s’) production; (b) Capacity (quantity) of your firm to produce the Domestic Like Product (that is, the level of production that your establishment(s) could reasonably have expected to attain during the year, assuming normal operating conditions (using equipment and machinery in place and ready to operate), normal operating levels (hours per week/weeks per year), time for downtime, maintenance, repair, and cleanup, and a typical or representative product mix); (c) the quantity and value of U.S. commercial shipments of the Domestic Like Product produced in your U.S. plant(s); (d) the quantity and value of U.S. internal consumption/company transfers of the Domestic Like Product produced in your U.S. plant(s); and E:\FR\FM\01SEN1.SGM 01SEN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 167 / Wednesday, September 1, 2021 / Notices (e) the value of (i) net sales, (ii) cost of goods sold (COGS), (iii) gross profit, (iv) selling, general and administrative (SG&A) expenses, and (v) operating income of the Domestic Like Product produced in your U.S. plant(s) (include both U.S. and export commercial sales, internal consumption, and company transfers) for your most recently completed fiscal year (identify the date on which your fiscal year ends). (10) If you are a U.S. importer or a trade/business association of U.S. importers of the Subject Merchandise from the Subject Country, provide the following information on your firm’s(s’) operations on that product during calendar year 2020 (report quantity data in 1,000 gallons @ 400 GPL and value data in U.S. dollars). If you are a trade/ business association, provide the information, on an aggregate basis, for the firms which are members of your association. (a) The quantity and value (landed, duty-paid but not including antidumping or countervailing duties) of U.S. imports and, if known, an estimate of the percentage of total U.S. imports of Subject Merchandise from the Subject Country accounted for by your firm’s(s’) imports; (b) the quantity and value (f.o.b. U.S. port, including antidumping and/or countervailing duties) of U.S. commercial shipments of Subject Merchandise imported from the Subject Country; and (c) the quantity and value (f.o.b. U.S. port, including antidumping and/or countervailing duties) of U.S. internal consumption/company transfers of Subject Merchandise imported from the Subject Country. (11) If you are a producer, an exporter, or a trade/business association of producers or exporters of the Subject Merchandise in the Subject Country, provide the following information on your firm’s(s’) operations on that product during calendar year 2020 (report quantity data in 1,000 gallons @ 400 GPL and value data in U.S. dollars, landed and duty-paid at the U.S. port but not including antidumping or countervailing duties). If you are a trade/business association, provide the information, on an aggregate basis, for the firms which are members of your association. (a) Production (quantity) and, if known, an estimate of the percentage of total production of Subject Merchandise in the Subject Country accounted for by your firm’s(s’) production; (b) Capacity (quantity) of your firm(s) to produce the Subject Merchandise in the Subject Country (that is, the level of production that your establishment(s) VerDate Sep<11>2014 18:03 Aug 31, 2021 Jkt 253001 could reasonably have expected to attain during the year, assuming normal operating conditions (using equipment and machinery in place and ready to operate), normal operating levels (hours per week/weeks per year), time for downtime, maintenance, repair, and cleanup, and a typical or representative product mix); and (c) the quantity and value of your firm’s(s’) exports to the United States of Subject Merchandise and, if known, an estimate of the percentage of total exports to the United States of Subject Merchandise from the Subject Country accounted for by your firm’s(s’) exports. (12) Identify significant changes, if any, in the supply and demand conditions or business cycle for the Domestic Like Product that have occurred in the United States or in the market for the Subject Merchandise in the Subject Country after 2016 and significant changes, if any, that are likely to occur within a reasonably foreseeable time. Supply conditions to consider include technology; production methods; development efforts; ability to increase production (including the shift of production facilities used for other products and the use, cost, or availability of major inputs into production); and factors related to the ability to shift supply among different national markets (including barriers to importation in foreign markets or changes in market demand abroad). Demand conditions to consider include end uses and applications; the existence and availability of substitute products; and the level of competition among the Domestic Like Product produced in the United States, Subject Merchandise produced in the Subject Country, and such merchandise from other countries. (13) (OPTIONAL) A statement of whether you agree with the above definitions of the Domestic Like Product and Domestic Industry; if you disagree with either or both of these definitions, please explain why and provide alternative definitions. Authority: This proceeding is being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to § 207.61 of the Commission’s rules. INTERNATIONAL TRADE COMMISSION By order of the Commission. Issued: August 26, 2021. Katherine Hiner, Supervisory Attorney. Background [FR Doc. 2021–18787 Filed 8–31–21; 8:45 am] BILLING CODE 7020–02–P PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 49057 [Investigation Nos. 701–TA–545–546 and 731–TA–1291–1297 (Review), and 731–TA– 808 (Fourth Review)] Hot-Rolled Steel Flat Products From Australia, Brazil, Japan, Korea, the Netherlands, Russia, Turkey, and the United Kingdom; Institution of FiveYear Reviews United States International Trade Commission. ACTION: Notice. AGENCY: The Commission hereby gives notice that it has instituted reviews pursuant to the Tariff Act of 1930 (‘‘the Act’’), as amended, to determine whether revocation of the countervailing duty orders on imports of hot-rolled steel flat products (‘‘hotrolled steel’’) from Brazil and Korea and revocation of the antidumping duty orders on hot-rolled steel from Australia, Brazil, Japan, Korea, the Netherlands, Russia, Turkey, and the United Kingdom would be likely to lead to continuation or recurrence of material injury. Pursuant to the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission. DATES: Instituted September 1, 2021. To be assured of consideration, the deadline for responses is October 1, 2021. Comments on the adequacy of responses may be filed with the Commission by November 16, 2021. FOR FURTHER INFORMATION CONTACT: Lawrence Jones (202–205–3358), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearingimpaired persons can obtain information on this matter by contacting the Commission’s TDD terminal on 202– 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its internet server (https:// www.usitc.gov). The public record for this proceeding may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION: SUMMARY: Effective July 12, 1999, the Department of Commerce (‘‘Commerce’’) suspended the antidumping duty investigation on hot-rolled steel imports from Russia (64 FR 38642, July 19, E:\FR\FM\01SEN1.SGM 01SEN1

Agencies

[Federal Register Volume 86, Number 167 (Wednesday, September 1, 2021)]
[Notices]
[Pages 49054-49057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18787]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-1105 (Second Review)]


Lemon Juice From Argentina; Institution of a Five-Year Review

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice that it has instituted a 
review pursuant to the Tariff Act of 1930 (``the Act''), as amended, to 
determine whether termination of the suspended antidumping duty 
investigation on lemon juice from Argentina would be likely to lead to 
continuation or recurrence of material injury. Pursuant to the Act, 
interested parties are requested to respond to this notice by 
submitting the information specified below to the Commission.

DATES: Instituted September 1, 2021. To be assured of consideration, 
the deadline for responses is October 1, 2021. Comments on the adequacy 
of responses may be filed with the Commission by November 16, 2021.

FOR FURTHER INFORMATION CONTACT: Lawrence Jones (202-205-3358), Office 
of Investigations, U.S. International Trade Commission, 500 E Street 
SW, Washington, DC 20436. Hearing-impaired persons can obtain 
information on this matter by contacting the Commission's TDD terminal 
on 202-205-1810. Persons with mobility impairments who will need 
special assistance in gaining access to the Commission should contact 
the Office of the Secretary at 202-205-2000. General information 
concerning the Commission may also be obtained by accessing its 
internet server (https://www.usitc.gov). The public record for this 
proceeding may be viewed on the Commission's electronic docket (EDIS) 
at https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION:

[[Page 49055]]

Background

    Effective September 10, 2007, the Department of Commerce 
(``Commerce'') suspended an antidumping duty investigation on imports 
of lemon juice from Argentina (72 FR 53991). On August 1, 2012, 
Commerce initiated and the Commission instituted its first five-year 
review of the suspended investigation (77 FR 45589 and 77 FR 45653). On 
August 1, 2013, pursuant to section 751(c) of the Act, the Commission 
determined that termination of the suspended investigation on lemon 
juice from Argentina would be likely to lead to continuation or 
recurrence of material injury to an industry in the United States 
within a reasonably foreseeable time (78 FR 46610). As a result, on 
August 7, 2013, Commerce published notice of the continuation of the 
suspended investigation on lemon juice from Argentina. Following the 
first five-year reviews by Commerce and the Commission, effective 
October 20, 2016, Commerce signed a new suspension agreement with 
substantially all growers/exporters of lemon juice from Argentina and 
issued a continuation of the suspended investigation on imports of 
lemon juice from Argentina (81 FR 74395). The Commission is now 
conducting a second review pursuant to section 751(c) of the Act, as 
amended (19 U.S.C. 1675(c)), to determine whether termination of the 
suspended investigation would be likely to lead to continuation or 
recurrence of material injury to the domestic industry within a 
reasonably foreseeable time. Provisions concerning the conduct of this 
proceeding may be found in the Commission's Rules of Practice and 
Procedure at 19 CFR part 201, subparts A and B, and 19 CFR part 207, 
subparts A and F. The Commission will assess the adequacy of interested 
party responses to this notice of institution to determine whether to 
conduct a full review or an expedited review. The Commission's 
determination in any expedited review will be based on the facts 
available, which may include information provided in response to this 
notice.

Definitions

    The following definitions apply to this review:
    (1) Subject Merchandise is the class or kind of merchandise that is 
within the scope of the five-year review, as defined by the Department 
of Commerce.
    (2) The Subject Country in this review is Argentina.
    (3) The Domestic Like Product is the domestically produced product 
or products which are like, or in the absence of like, most similar in 
characteristics and uses with, the Subject Merchandise. In its original 
preliminary determination, the Commission defined a single Domestic 
Like Product consisting of all lemon juice for further manufacturing, 
coextensive with the scope of the investigation. In its five-year 
review determination of the suspended antidumping duty investigation, 
the Commission defined the Domestic Like Product as consisting of 
certain lemon juice, coextensive with the scope of the review.
    (4) The Domestic Industry is the U.S. producers as a whole of the 
Domestic Like Product, or those producers whose collective output of 
the Domestic Like Product constitutes a major proportion of the total 
domestic production of the product. In its original preliminary 
determination, the Commission defined a single Domestic Industry 
consisting of all domestic producers of lemon juice for further 
manufacture, corresponding to the subject merchandise in the 
investigation. The Commission found that the lemon growers did not meet 
the criteria for inclusion in the Domestic Industry pursuant to the 
statutory grower/processor provision. In its five-year review 
determination, the Commission defined the Domestic Industry as 
consisting of all domestic producers of lemon juice for further 
manufacture, and again did not include lemon growers as part of the 
domestic industry.
    (5) An Importer is any person or firm engaged, either directly or 
through a parent company or subsidiary, in importing the Subject 
Merchandise into the United States from a foreign manufacturer or 
through its selling agent.

Participation in the Proceeding and Public Service List

    Persons, including industrial users of the Subject Merchandise and, 
if the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the proceeding as parties must 
file an entry of appearance with the Secretary to the Commission, as 
provided in Sec.  201.11(b)(4) of the Commission's rules, no later than 
21 days after publication of this notice in the Federal Register. The 
Secretary will maintain a public service list containing the names and 
addresses of all persons, or their representatives, who are parties to 
the proceeding.
    Former Commission employees who are seeking to appear in Commission 
five-year reviews are advised that they may appear in a review even if 
they participated personally and substantially in the corresponding 
underlying original investigation or an earlier review of the same 
underlying investigation. The Commission's designated agency ethics 
official has advised that a five-year review is not the same particular 
matter as the underlying original investigation, and a five-year review 
is not the same particular matter as an earlier review of the same 
underlying investigation for purposes of 18 U.S.C. 207, the post-
employment statute for Federal employees, and Commission rule 201.15(b) 
(19 CFR 201.15(b)), 79 FR 3246 (Jan. 17, 2014), 73 FR 24609 (May 5, 
2008). Consequently, former employees are not required to seek 
Commission approval to appear in a review under Commission rule 19 CFR 
201.15, even if the corresponding underlying original investigation or 
an earlier review of the same underlying investigation was pending when 
they were Commission employees. For further ethics advice on this 
matter, contact Charles Smith, Office of the General Counsel, at 202-
205-3408.

Limited Disclosure of Business Proprietary Information (BPI) Under an 
Administrative Protective Order (APO) and APO Service List

    Pursuant to Sec.  207.7(a) of the Commission's rules, the Secretary 
will make BPI submitted in this proceeding available to authorized 
applicants under the APO issued in the proceeding, provided that the 
application is made no later than 21 days after publication of this 
notice in the Federal Register. Authorized applicants must represent 
interested parties, as defined in 19 U.S.C. 1677(9), who are parties to 
the proceeding. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.

Certification

    Pursuant to Sec.  207.3 of the Commission's rules, any person 
submitting information to the Commission in connection with this 
proceeding must certify that the information is accurate and complete 
to the best of the submitter's knowledge. In making the certification, 
the submitter will acknowledge that information submitted in response 
to this request for information and throughout this proceeding or other 
proceeding may be disclosed to and used: (i) By the Commission, its 
employees and Offices, and contract personnel (a) for developing or 
maintaining the records of this or a related proceeding, or (b) in

[[Page 49056]]

internal investigations, audits, reviews, and evaluations relating to 
the programs, personnel, and operations of the Commission including 
under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and 
contract personnel, solely for cybersecurity purposes. All contract 
personnel will sign appropriate nondisclosure agreements.

Written Submissions

    Pursuant to Sec.  207.61 of the Commission's rules, each interested 
party response to this notice must provide the information specified 
below. The deadline for filing such responses is October 1, 2021. 
Pursuant to Sec.  207.62(b) of the Commission's rules, eligible parties 
(as specified in Commission rule 207.62(b)(1)) may also file comments 
concerning the adequacy of responses to the notice of institution and 
whether the Commission should conduct an expedited or full review. The 
deadline for filing such comments is November 16, 2021. All written 
submissions must conform with the provisions of Sec.  201.8 of the 
Commission's rules; any submissions that contain BPI must also conform 
with the requirements of Sec. Sec.  201.6, 207.3, and 207.7 of the 
Commission's rules. The Commission's Handbook on Filing Procedures, 
available on the Commission's website at https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf, elaborates upon the 
Commission's procedures with respect to filings. Also, in accordance 
with Sec. Sec.  201.16(c) and 207.3 of the Commission's rules, each 
document filed by a party to the proceeding must be served on all other 
parties to the proceeding (as identified by either the public or APO 
service list as appropriate), and a certificate of service must 
accompany the document (if you are not a party to the proceeding you do 
not need to serve your response).
    Please note the Secretary's Office will accept only electronic 
filings at this time. Filings must be made through the Commission's 
Electronic Document Information System (EDIS, https://edis.usitc.gov). 
No in-person paper-based filings or paper copies of any electronic 
filings will be accepted until further notice.
    No response to this request for information is required if a 
currently valid Office of Management and Budget (``OMB'') number is not 
displayed; the OMB number is 3117 0016/USITC No. 21-5-497, expiration 
date June 30, 2023. Public reporting burden for the request is 
estimated to average 15 hours per response. Please send comments 
regarding the accuracy of this burden estimate to the Office of 
Investigations, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436.

Inability To Provide Requested Information

    Pursuant to Sec.  207.61(c) of the Commission's rules, any 
interested party that cannot furnish the information requested by this 
notice in the requested form and manner shall notify the Commission at 
the earliest possible time, provide a full explanation of why it cannot 
provide the requested information, and indicate alternative forms in 
which it can provide equivalent information. If an interested party 
does not provide this notification (or the Commission finds the 
explanation provided in the notification inadequate) and fails to 
provide a complete response to this notice, the Commission may take an 
adverse inference against the party pursuant to Sec.  776(b) of the Act 
(19 U.S.C. 1677e(b)) in making its determination in the review.

Information To Be Provided in Response to This Notice of Institution

    As used below, the term ``firm'' includes any related firms.
    (1) The name and address of your firm or entity (including World 
Wide Web address) and name, telephone number, fax number, and Email 
address of the certifying official.
    (2) A statement indicating whether your firm/entity is an 
interested party under 19 U.S.C. 1677(9) and if so, how, including 
whether your firm/entity is a U.S. producer of the Domestic Like 
Product, a U.S. union or worker group, a U.S. importer of the Subject 
Merchandise, a foreign producer or exporter of the Subject Merchandise, 
a U.S. or foreign trade or business association (a majority of whose 
members are interested parties under the statute), or another 
interested party (including an explanation). If you are a union/worker 
group or trade/business association, identify the firms in which your 
workers are employed or which are members of your association.
    (3) A statement indicating whether your firm/entity is willing to 
participate in this proceeding by providing information requested by 
the Commission.
    (4) A statement of the likely effects of the termination of the 
suspended investigation on the Domestic Industry in general and/or your 
firm/entity specifically. In your response, please discuss the various 
factors specified in section 752(a) of the Act (19 U.S.C. 1675a(a)) 
including the likely volume of subject imports, likely price effects of 
subject imports, and likely impact of imports of Subject Merchandise on 
the Domestic Industry.
    (5) A list of all known and currently operating U.S. producers of 
the Domestic Like Product. Identify any known related parties and the 
nature of the relationship as defined in section 771(4)(B) of the Act 
(19 U.S.C. 1677(4)(B)).
    (6) A list of all known and currently operating U.S. importers of 
the Subject Merchandise and producers of the Subject Merchandise in the 
Subject Country that currently export or have exported Subject 
Merchandise to the United States or other countries after 2016.
    (7) A list of 3-5 leading purchasers in the U.S. market for the 
Domestic Like Product and the Subject Merchandise (including street 
address, World Wide Web address, and the name, telephone number, fax 
number, and Email address of a responsible official at each firm).
    (8) A list of known sources of information on national or regional 
prices for the Domestic Like Product or the Subject Merchandise in the 
U.S. or other markets.
    (9) If you are a U.S. producer of the Domestic Like Product, 
provide the following information on your firm's operations on that 
product during calendar year 2020, except as noted (report quantity 
data in 1,000 gallons @ 400 GPL and value data in U.S. dollars, f.o.b. 
plant). If you are a union/worker group or trade/business association, 
provide the information, on an aggregate basis, for the firms in which 
your workers are employed/which are members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total U.S. production of the Domestic Like Product 
accounted for by your firm's(s') production;
    (b) Capacity (quantity) of your firm to produce the Domestic Like 
Product (that is, the level of production that your establishment(s) 
could reasonably have expected to attain during the year, assuming 
normal operating conditions (using equipment and machinery in place and 
ready to operate), normal operating levels (hours per week/weeks per 
year), time for downtime, maintenance, repair, and cleanup, and a 
typical or representative product mix);
    (c) the quantity and value of U.S. commercial shipments of the 
Domestic Like Product produced in your U.S. plant(s);
    (d) the quantity and value of U.S. internal consumption/company 
transfers of the Domestic Like Product produced in your U.S. plant(s); 
and

[[Page 49057]]

    (e) the value of (i) net sales, (ii) cost of goods sold (COGS), 
(iii) gross profit, (iv) selling, general and administrative (SG&A) 
expenses, and (v) operating income of the Domestic Like Product 
produced in your U.S. plant(s) (include both U.S. and export commercial 
sales, internal consumption, and company transfers) for your most 
recently completed fiscal year (identify the date on which your fiscal 
year ends).
    (10) If you are a U.S. importer or a trade/business association of 
U.S. importers of the Subject Merchandise from the Subject Country, 
provide the following information on your firm's(s') operations on that 
product during calendar year 2020 (report quantity data in 1,000 
gallons @ 400 GPL and value data in U.S. dollars). If you are a trade/
business association, provide the information, on an aggregate basis, 
for the firms which are members of your association.
    (a) The quantity and value (landed, duty-paid but not including 
antidumping or countervailing duties) of U.S. imports and, if known, an 
estimate of the percentage of total U.S. imports of Subject Merchandise 
from the Subject Country accounted for by your firm's(s') imports;
    (b) the quantity and value (f.o.b. U.S. port, including antidumping 
and/or countervailing duties) of U.S. commercial shipments of Subject 
Merchandise imported from the Subject Country; and
    (c) the quantity and value (f.o.b. U.S. port, including antidumping 
and/or countervailing duties) of U.S. internal consumption/company 
transfers of Subject Merchandise imported from the Subject Country.
    (11) If you are a producer, an exporter, or a trade/business 
association of producers or exporters of the Subject Merchandise in the 
Subject Country, provide the following information on your firm's(s') 
operations on that product during calendar year 2020 (report quantity 
data in 1,000 gallons @400 GPL and value data in U.S. dollars, landed 
and duty-paid at the U.S. port but not including antidumping or 
countervailing duties). If you are a trade/business association, 
provide the information, on an aggregate basis, for the firms which are 
members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total production of Subject Merchandise in the Subject 
Country accounted for by your firm's(s') production;
    (b) Capacity (quantity) of your firm(s) to produce the Subject 
Merchandise in the Subject Country (that is, the level of production 
that your establishment(s) could reasonably have expected to attain 
during the year, assuming normal operating conditions (using equipment 
and machinery in place and ready to operate), normal operating levels 
(hours per week/weeks per year), time for downtime, maintenance, 
repair, and cleanup, and a typical or representative product mix); and
    (c) the quantity and value of your firm's(s') exports to the United 
States of Subject Merchandise and, if known, an estimate of the 
percentage of total exports to the United States of Subject Merchandise 
from the Subject Country accounted for by your firm's(s') exports.
    (12) Identify significant changes, if any, in the supply and demand 
conditions or business cycle for the Domestic Like Product that have 
occurred in the United States or in the market for the Subject 
Merchandise in the Subject Country after 2016 and significant changes, 
if any, that are likely to occur within a reasonably foreseeable time. 
Supply conditions to consider include technology; production methods; 
development efforts; ability to increase production (including the 
shift of production facilities used for other products and the use, 
cost, or availability of major inputs into production); and factors 
related to the ability to shift supply among different national markets 
(including barriers to importation in foreign markets or changes in 
market demand abroad). Demand conditions to consider include end uses 
and applications; the existence and availability of substitute 
products; and the level of competition among the Domestic Like Product 
produced in the United States, Subject Merchandise produced in the 
Subject Country, and such merchandise from other countries.
    (13) (OPTIONAL) A statement of whether you agree with the above 
definitions of the Domestic Like Product and Domestic Industry; if you 
disagree with either or both of these definitions, please explain why 
and provide alternative definitions.
    Authority: This proceeding is being conducted under authority of 
title VII of the Tariff Act of 1930; this notice is published pursuant 
to Sec.  207.61 of the Commission's rules.

    By order of the Commission.

    Issued: August 26, 2021.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2021-18787 Filed 8-31-21; 8:45 am]
BILLING CODE 7020-02-P