Certain Lemon Juice From Brazil: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 47697-47699 [2022-16640]
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Federal Register / Vol. 87, No. 149 / Thursday, August 4, 2022 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–351–858]
Certain Lemon Juice From Brazil:
Preliminary Affirmative Determination
of Sales at Less Than Fair Value,
Postponement of Final Determination,
and Extension of Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that certain lemon juice
(lemon juice) from Brazil is being, or is
likely to be, sold in the United States at
less than fair value (LTFV). The period
of investigation (POI) is October 1, 2020,
through September 30, 2021. Interested
parties are invited to comment on this
preliminary determination.
DATES: Applicable August 4, 2022.
FOR FURTHER INFORMATION CONTACT: Lilit
Astvatsatrian or Dakota Potts, AD/CVD
Operations, Office IV, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–6412 or (202) 482–0223,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
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This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on January 25, 2022.1 On May 19, 2022,
Commerce postponed the preliminary
determination of this investigation and
the revised deadline is now July 28,
2022.2 For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.3 A list of topics
included in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
1 See Lemon Juice from Brazil and South Africa:
Initiation of Less-Than-Fair-Value Investigations, 87
FR 3768 (January 25, 2022) (Initiation Notice).
2 See Certain Lemon Juice from Brazil and the
Republic of South Africa: Postponement of
Preliminary Determinations in the Less-Than-FairValue Investigations, 87 FR 30452 (May 19, 2022).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Affirmative Determination in the
Less-Than-Fair-Value Investigation of Certain
Lemon Juice from Brazil,’’ dated concurrently with,
and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Investigation
The product covered by this
investigation is lemon juice from Brazil.
For a complete description of the scope
of this investigation, see Appendix I.
Sucos S.A. (LDC), that are not zero, de
minimis, or based entirely on facts
otherwise available. Commerce
calculated the all-others rate by
applying a simple average of the
estimated weighted-average dumping
margins that it calculated for the
individually examined respondents.6
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
Scope Comments
Exporter/Producer
In accordance with the preamble to
Commerce’s regulations,4 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).5 No interested
party commented on the scope of the
investigation as it appeared in the
Initiation Notice. Commerce is not
preliminarily modifying the scope
language as it appeared in the Initiation
Notice. See the scope in Appendix I to
this notice.
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Commerce has
calculated export prices in accordance
with section 772(a) of the Act.
Constructed export prices have been
calculated in accordance with section
772(b) of the Act. Normal value (NV) is
calculated in accordance with section
773 of the Act. For a full description of
the methodology underlying the
preliminary determination, see the
Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A)
of the Act provide that in the
preliminary determination Commerce
shall determine an estimated all-others
rate for all exporters and producers not
individually examined. This rate shall
be an amount equal to the weighted
average of the estimated weightedaverage dumping margins established
for exporters and producers
individually investigated, excluding any
zero and de minimis margins, and any
margins determined entirely under
section 776 of the Act.
In this investigation, Commerce
calculated estimated weighted-average
dumping margins for the mandatory
respondents, Citrus Juice Eireli (Citrus
Juice) and Louis Dreyfus Company
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice.
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47697
Citrus Juice Eireli 7 .....................
Louis Dreyfus Company Sucos
S.A ..........................................
All Others ....................................
Estimated
weightedaverage
dumping
margin
(percent)
21.49
4.45
12.97
Suspension of Liquidation
In accordance with section 733(d)(2)
of the Act, Commerce will direct U.S.
Customs and Border Protection (CBP) to
suspend liquidation of entries of subject
merchandise, as described in Appendix
I, entered, or withdrawn from
warehouse, for consumption on or after
the date of publication of this notice in
the Federal Register. Further, pursuant
to section 733(d)(1)(B) of the Act and 19
CFR 351.205(d), Commerce will instruct
CBP to require a cash deposit equal to
the estimated weighted-average
dumping margin or the estimated allothers rate, as follows: (1) the cash
6 With two respondents under examination,
Commerce normally calculates (A) a weightedaverage of the estimated weighted-average dumping
margins calculated for the examined respondents;
(B) a simple average of the estimated weightedaverage dumping margins calculated for the
examined respondents; and (C) a weighted-average
of the estimated weighted-average dumping margins
calculated for the examined respondents using each
company’s publicly-ranged U.S. sale quantities for
the merchandise under consideration. Commerce
then compares (B) and (C) to (A) and selects the rate
closest to (A) as the most appropriate rate for all
other producers and exporters. See Ball Bearings
and Parts Thereof from France, Germany, Italy,
Japan, and the United Kingdom: Final Results of
Antidumping Duty Administrative Reviews, Final
Results of Changed-Circumstances Review, and
Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010). As complete publicly ranged
sales data was unavailable, Commerce based the allothers rate on the simple average of the estimated
weighted-average dumping margins of the
mandatory respondents. For a complete analysis of
the data, please see the All-Others Rate Calculation
Memorandum.
7 Commerce preliminarily determines that Citrus
Juice Eireli and Sucos Kiki Eireli are a single entity.
See Preliminary Decision Memorandum; see also
Memorandum, ‘‘Analysis Memorandum for the
Preliminary Determination in the Less-Than-FairValue Investigation of Certain Lemon Juice from
Brazil: Citrus Juice Eireli,’’ dated July 28, 2022.
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deposit rate for the respondents listed
above will be equal to the companyspecific estimated weighted-average
dumping margins determined in this
preliminary determination; (2) if the
exporter is not a respondent identified
above, but the producer is, then the cash
deposit rate will be equal to the
company-specific estimated weightedaverage dumping margin established for
that producer of the subject
merchandise; and (3) the cash deposit
rate for all other producers and
exporters will be equal to the all-others
estimated weighted-average dumping
margin.
Should the final estimated weightedaverage dumping margin be zero or de
minimis for the producer/exporter
combinations identified above, entries
of shipments of subject merchandise
from these producer/exporter
combinations will be excluded from the
potential antidumping duty order. Such
exclusions are not applicable to
merchandise exported to the United
States by these respondents in any other
producer/exporter combinations or by
third parties that sourced subject
merchandise from the excluded
producer/exporter combinations. These
suspension of liquidation instructions
will remain in effect until further notice.
Disclosure
Commerce intends to disclose its
calculations and analysis performed to
interested parties in this preliminary
determination within five days of any
public announcement or, if there is no
public announcement, within five days
of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
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Verification
As provided in section 782(i)(1) of the
Act, Commerce intends to verify the
information relied upon in making its
final determination.
Public Comment
A timeline for the submission of case
briefs and written comments will be
notified to interested parties at a later
date. Rebuttal briefs, limited to issues
raised in case briefs, may be submitted
no later than seven days after the
deadline for case briefs.8 Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information, until further
notice.9 Pursuant to 19 CFR
8 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
9 See Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19, 85 FR 17006
(March 26, 2020); and Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID–19;
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351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in
this investigation are encouraged to
submit with each argument: (1) a
statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance within 30 days after the
date of publication of this notice.
Requests should contain (1) the party’s
name, address, and telephone number;
(2) the number of participants; (3)
whether any participant is a foreign
national; and (4) a list of the issues to
be discussed. If a request for a hearing
is made, Commerce intends to hold the
hearing at a time and date to be
determined. Parties should confirm by
telephone the date, time, and location of
the hearing two days before the
scheduled date.
Postponement of Final Determination
and Extension of Provisional Measures
Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
preliminary determination if, in the
event of an affirmative preliminary
determination, a request for such
postponement is made by exporters who
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by the petitioner.
Section 351.210(e)(2) of Commerce’s
regulations requires that a request by
exporters for postponement of the final
determination be accompanied by a
request for extension of provisional
measures from a four-month period to a
period not more than six months in
duration.
On July 21, 2022, pursuant to 19 CFR
351.210(e), Citrus Juice requested that
Commerce postpone the final
determination and that provisional
measures be extended to a period not to
exceed six months.10 In accordance with
section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii), because: (1) the
preliminary determination is
affirmative; (2) the requesting exporter
accounts for a significant proportion of
exports of the subject merchandise; and
(3) no compelling reasons for denial
Extension of Effective Period, 85 FR 41363 (July 10,
2020).
10 See Citrus Juice’s Letter, ‘‘Lemon Juice from
Brazil: Request for Postponement of Final
Antidumping Determination,’’ dated July 21, 2022.
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exist, Commerce is postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, Commerce will
make its final determination no later
than 135 days after the date of
publication of this preliminary
determination.
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its preliminary determination. If the
final determination is affirmative, the
ITC will determine before the later of
120 days after the date of this
preliminary determination or 45 days
after the final determination whether
these imports are materially injuring, or
threaten material injury to, the U.S.
industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act, and 19
CFR 351.205(c) and 9 CFR 351.210(g).
Dated: July 28, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix I—Scope of the Investigation
The product covered by this investigation
is certain lemon juice. Lemon juice is
covered: (1) with or without addition of
preservatives, sugar, or other sweeteners; (2)
regardless of the GPL (grams per liter of citric
acid) level of concentration, brix level, brix/
acid ratio, pulp content, clarity; (3) regardless
of the grade, horticulture method (e.g.,
organic or not), processed form (e.g., frozen
or not-from-concentrate), the size of the
container in which packed, or the method of
packing; and (4) regardless of the U.S.
Department of Agriculture Food and Drug
Administration (FDA) standard of identity (as
defined under 19 CFR 146.114 et seq.) (i.e.,
whether or not the lemon juice meets an FDA
standard of identity).
Excluded from the scope are: (1) lemon
juice at any level of concentration packed in
retail-sized containers ready for sale to
consumers; and (2) beverage products, such
as lemonade, that contain 20 percent or less
lemon juice as an ingredient by actual
volume. ‘‘Retail-sized containers’’ are defined
as lemon juice products sold in ready-for-sale
packaging (e.g., clearly visible branding,
nutritional facts listed, etc.) containing up to
128 ounces of lemon juice by actual volume.
The scope also includes certain lemon
juice that is blended with certain lemon juice
from sources not subject to this investigation.
Only the subject lemon juice component of
such blended merchandise is covered by the
scope of this investigation. Blended lemon
juice is defined as certain lemon juice with
two distinct component parts of differing
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Federal Register / Vol. 87, No. 149 / Thursday, August 4, 2022 / Notices
country(s) of origin mixed together to form
certain lemon juice where the component
parts are no longer individually
distinguishable.
The product subject to this investigation is
currently classifiable under subheadings
2009.31.4000, 2009.31.6020, 2009.31.6040,
2009.39.6020, and 2009.39.6040 of the
Harmonized Tariff Schedule of the United
States (HTSUS). Although the HTSUS
subheadings are provided for convenience
and customs purposes, the written
description of the scope of this investigation
is dispositive.
Appendix II—List of Topics Discussed
in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Postponement of Final Determination and
Extension of Provisional Measures
VI. Affiliation/Single Entity
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2022–16640 Filed 8–3–22; 8:45 am]
Scope of the Investigation
The products covered by this
investigation are nails from Turkey. For
a complete description of the scope of
this investigation, see Appendix I.
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–489–846]
Certain Steel Nails From the Republic
of Turkey: Preliminary Affirmative
Determination of Sales at Less Than
Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that certain steel nails (nails)
from the Republic of Turkey (Turkey)
are being, or are likely to be, sold in the
United States at less than fair value
(LTFV). The period of investigation
(POI) is October 1, 2020, through
September 30, 2021. Interested parties
are invited to comment on this
preliminary determination.
DATES: Applicable August 4, 2022.
FOR FURTHER INFORMATION CONTACT:
David Crespo or Amaris Wade, AD/CVD
Operations, Office II, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3693 or (202) 482–6334,
respectively.
SUPPLEMENTARY INFORMATION:
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AGENCY:
Background
This preliminary determination is
made in accordance with section 733(b)
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Jkt 256001
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on January 26, 2022.1 On May 20, 2022,
Commerce postponed the preliminary
determination of this investigation until
July 28, 2022.2
For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.3 A list of topics
included in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope Comments
In accordance with the preamble to
Commerce’s regulations,4 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).5 Certain interested
parties commented on the scope of this
investigation as it appeared in the
Initiation Notice. On July 5, 2022,
Commerce issued its preliminary
determination regarding the scope of the
investigation.6 For a summary of the
product coverage comments and
rebuttal responses submitted to the
1 See Certain Steel Nails From India, Sri Lanka,
Thailand, and the Republic of Turkey: Initiation of
Less-Than-Fair-Value Investigations, 87 FR 3965
(January 26, 2022) (Initiation Notice).
2 See Certain Steel Nails From India, Sri Lanka,
Thailand, and the Republic of Turkey:
Postponement of Preliminary Determinations in the
Less-Than-Fair-Value Investigations, 87 FR 30868
(May 20, 2022).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Certain Steel Nails from
the Republic of Turkey,’’ dated concurrently with,
and hereby adopted by, this notice (Preliminary
Decision Memorandum).
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice, 87 FR at 3966.
6 See Memorandum, ‘‘Antidumping Duty
Investigations of Certain Steel Nails from India, Sri
Lanka, Thailand, and Turkey and Countervailing
Duty Investigations of Certain Steel Nails from
India, Oman, Sri Lanka, Thailand, and Turkey:
Preliminary Scope Decision Memorandum,’’ dated
July 5, 2022 (Preliminary Scope Decision Memo).
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47699
record for this investigation, and
accompanying analysis of all comments
timely received, see the Preliminary
Scope Decision Memorandum. Based on
an analysis of the comments received,
Commerce preliminarily determined to
make no changes to the scope language
from the Initiation Notice, as reflected
in Appendix I.7 Commerce has
established a separate briefing schedule
for interested parties to address the
preliminary scope determination.8
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Commerce has
calculated export price in accordance
with section 772(a) of the Act. Normal
value (NV) is calculated in accordance
with section 773 of the Act. For a full
description of the methodology
underlying the preliminary
determination, see the Preliminary
Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A)
of the Act provide that in the
preliminary determination Commerce
shall determine an estimated all-others
rate for all exporters and producers not
individually examined. This rate shall
be an amount equal to the weighted
average of the estimated weightedaverage dumping margins established
for exporters and producers
individually investigated, excluding
rates that are zero, de minimis, or
determined entirely under section 776
of the Act.
In this investigation, Commerce
calculated estimated weighted-average
dumping margins for Aslanbas Civi Tel
Ve Celik Hasir San A.S. (Aslanbas) and
Sertel Vida Metal A.S. (Sertel Vida) that
are not zero, de minimis, or based
entirely on facts otherwise available.
Commerce calculated the all-others rate
using a weighted average of the
estimated weighted-average dumping
margins calculated for the individually
examined respondents using the
publicly ranged total value of each
respondent’s sales of the merchandise
under consideration to the United States
during the POI.9
7 Though Commerce preliminarily determined to
make no changes to the language of the scope in
response to interested parties’ comments, we note
that the scope language as listed in Appendix I
omits an HTSUS subheading (i.e., 7318.15.5060)
originally included in the scope language from the
Initiation Notice, because Commerce determined
that this HTSUS subheading does not exist. Id. at
15.
8 Id. at 4–5.
9 With two respondents under examination,
Commerce normally calculates (A) a weighted
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]]>Agencies
[Federal Register Volume 87, Number 149 (Thursday, August 4, 2022)]
[Notices]
[Pages 47697-47699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16640]
[[Page 47697]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-858]
Certain Lemon Juice From Brazil: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Postponement of Final
Determination, and Extension of Provisional Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that certain lemon juice (lemon juice) from Brazil is being,
or is likely to be, sold in the United States at less than fair value
(LTFV). The period of investigation (POI) is October 1, 2020, through
September 30, 2021. Interested parties are invited to comment on this
preliminary determination.
DATES: Applicable August 4, 2022.
FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian or Dakota Potts,
AD/CVD Operations, Office IV, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-6412 or (202)
482-0223, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on January 25,
2022.\1\ On May 19, 2022, Commerce postponed the preliminary
determination of this investigation and the revised deadline is now
July 28, 2022.\2\ For a complete description of the events that
followed the initiation of this investigation, see the Preliminary
Decision Memorandum.\3\ A list of topics included in the Preliminary
Decision Memorandum is included as Appendix II to this notice. The
Preliminary Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\1\ See Lemon Juice from Brazil and South Africa: Initiation of
Less-Than-Fair-Value Investigations, 87 FR 3768 (January 25, 2022)
(Initiation Notice).
\2\ See Certain Lemon Juice from Brazil and the Republic of
South Africa: Postponement of Preliminary Determinations in the
Less-Than-Fair-Value Investigations, 87 FR 30452 (May 19, 2022).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Affirmative Determination in the Less-Than-Fair-Value Investigation
of Certain Lemon Juice from Brazil,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is lemon juice from
Brazil. For a complete description of the scope of this investigation,
see Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\5\ No interested party
commented on the scope of the investigation as it appeared in the
Initiation Notice. Commerce is not preliminarily modifying the scope
language as it appeared in the Initiation Notice. See the scope in
Appendix I to this notice.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce has calculated export prices in
accordance with section 772(a) of the Act. Constructed export prices
have been calculated in accordance with section 772(b) of the Act.
Normal value (NV) is calculated in accordance with section 773 of the
Act. For a full description of the methodology underlying the
preliminary determination, see the Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in
the preliminary determination Commerce shall determine an estimated
all-others rate for all exporters and producers not individually
examined. This rate shall be an amount equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding any zero
and de minimis margins, and any margins determined entirely under
section 776 of the Act.
In this investigation, Commerce calculated estimated weighted-
average dumping margins for the mandatory respondents, Citrus Juice
Eireli (Citrus Juice) and Louis Dreyfus Company Sucos S.A. (LDC), that
are not zero, de minimis, or based entirely on facts otherwise
available. Commerce calculated the all-others rate by applying a simple
average of the estimated weighted-average dumping margins that it
calculated for the individually examined respondents.\6\
---------------------------------------------------------------------------
\6\ With two respondents under examination, Commerce normally
calculates (A) a weighted-average of the estimated weighted-average
dumping margins calculated for the examined respondents; (B) a
simple average of the estimated weighted-average dumping margins
calculated for the examined respondents; and (C) a weighted-average
of the estimated weighted-average dumping margins calculated for the
examined respondents using each company's publicly-ranged U.S. sale
quantities for the merchandise under consideration. Commerce then
compares (B) and (C) to (A) and selects the rate closest to (A) as
the most appropriate rate for all other producers and exporters. See
Ball Bearings and Parts Thereof from France, Germany, Italy, Japan,
and the United Kingdom: Final Results of Antidumping Duty
Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010). As complete publicly ranged sales data was
unavailable, Commerce based the all-others rate on the simple
average of the estimated weighted-average dumping margins of the
mandatory respondents. For a complete analysis of the data, please
see the All-Others Rate Calculation Memorandum.
---------------------------------------------------------------------------
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
---------------------------------------------------------------------------
\7\ Commerce preliminarily determines that Citrus Juice Eireli
and Sucos Kiki Eireli are a single entity. See Preliminary Decision
Memorandum; see also Memorandum, ``Analysis Memorandum for the
Preliminary Determination in the Less-Than-Fair-Value Investigation
of Certain Lemon Juice from Brazil: Citrus Juice Eireli,'' dated
July 28, 2022.
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/Producer dumping
margin
(percent)
------------------------------------------------------------------------
Citrus Juice Eireli \7\..................................... 21.49
Louis Dreyfus Company Sucos S.A............................. 4.45
All Others.................................................. 12.97
------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
of entries of subject merchandise, as described in Appendix I, entered,
or withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register. Further, pursuant
to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will
instruct CBP to require a cash deposit equal to the estimated weighted-
average dumping margin or the estimated all-others rate, as follows:
(1) the cash
[[Page 47698]]
deposit rate for the respondents listed above will be equal to the
company-specific estimated weighted-average dumping margins determined
in this preliminary determination; (2) if the exporter is not a
respondent identified above, but the producer is, then the cash deposit
rate will be equal to the company-specific estimated weighted-average
dumping margin established for that producer of the subject
merchandise; and (3) the cash deposit rate for all other producers and
exporters will be equal to the all-others estimated weighted-average
dumping margin.
Should the final estimated weighted-average dumping margin be zero
or de minimis for the producer/exporter combinations identified above,
entries of shipments of subject merchandise from these producer/
exporter combinations will be excluded from the potential antidumping
duty order. Such exclusions are not applicable to merchandise exported
to the United States by these respondents in any other producer/
exporter combinations or by third parties that sourced subject
merchandise from the excluded producer/exporter combinations. These
suspension of liquidation instructions will remain in effect until
further notice.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Public Comment
A timeline for the submission of case briefs and written comments
will be notified to interested parties at a later date. Rebuttal
briefs, limited to issues raised in case briefs, may be submitted no
later than seven days after the deadline for case briefs.\8\ Note that
Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
further notice.\9\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties
who submit case briefs or rebuttal briefs in this investigation are
encouraged to submit with each argument: (1) a statement of the issue;
(2) a brief summary of the argument; and (3) a table of authorities.
---------------------------------------------------------------------------
\8\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\9\ See Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19, 85 FR 17006 (March 26, 2020); and Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID-19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance within 30 days after the date of publication
of this notice. Requests should contain (1) the party's name, address,
and telephone number; (2) the number of participants; (3) whether any
participant is a foreign national; and (4) a list of the issues to be
discussed. If a request for a hearing is made, Commerce intends to hold
the hearing at a time and date to be determined. Parties should confirm
by telephone the date, time, and location of the hearing two days
before the scheduled date.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioner. Section 351.210(e)(2) of Commerce's regulations
requires that a request by exporters for postponement of the final
determination be accompanied by a request for extension of provisional
measures from a four-month period to a period not more than six months
in duration.
On July 21, 2022, pursuant to 19 CFR 351.210(e), Citrus Juice
requested that Commerce postpone the final determination and that
provisional measures be extended to a period not to exceed six
months.\10\ In accordance with section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii), because: (1) the preliminary determination is
affirmative; (2) the requesting exporter accounts for a significant
proportion of exports of the subject merchandise; and (3) no compelling
reasons for denial exist, Commerce is postponing the final
determination and extending the provisional measures from a four-month
period to a period not greater than six months. Accordingly, Commerce
will make its final determination no later than 135 days after the date
of publication of this preliminary determination.
---------------------------------------------------------------------------
\10\ See Citrus Juice's Letter, ``Lemon Juice from Brazil:
Request for Postponement of Final Antidumping Determination,'' dated
July 21, 2022.
---------------------------------------------------------------------------
International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its preliminary
determination. If the final determination is affirmative, the ITC will
determine before the later of 120 days after the date of this
preliminary determination or 45 days after the final determination
whether these imports are materially injuring, or threaten material
injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c) and 9
CFR 351.210(g).
Dated: July 28, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I--Scope of the Investigation
The product covered by this investigation is certain lemon
juice. Lemon juice is covered: (1) with or without addition of
preservatives, sugar, or other sweeteners; (2) regardless of the GPL
(grams per liter of citric acid) level of concentration, brix level,
brix/acid ratio, pulp content, clarity; (3) regardless of the grade,
horticulture method (e.g., organic or not), processed form (e.g.,
frozen or not-from-concentrate), the size of the container in which
packed, or the method of packing; and (4) regardless of the U.S.
Department of Agriculture Food and Drug Administration (FDA)
standard of identity (as defined under 19 CFR 146.114 et seq.)
(i.e., whether or not the lemon juice meets an FDA standard of
identity).
Excluded from the scope are: (1) lemon juice at any level of
concentration packed in retail-sized containers ready for sale to
consumers; and (2) beverage products, such as lemonade, that contain
20 percent or less lemon juice as an ingredient by actual volume.
``Retail-sized containers'' are defined as lemon juice products sold
in ready-for-sale packaging (e.g., clearly visible branding,
nutritional facts listed, etc.) containing up to 128 ounces of lemon
juice by actual volume.
The scope also includes certain lemon juice that is blended with
certain lemon juice from sources not subject to this investigation.
Only the subject lemon juice component of such blended merchandise
is covered by the scope of this investigation. Blended lemon juice
is defined as certain lemon juice with two distinct component parts
of differing
[[Page 47699]]
country(s) of origin mixed together to form certain lemon juice
where the component parts are no longer individually
distinguishable.
The product subject to this investigation is currently
classifiable under subheadings 2009.31.4000, 2009.31.6020,
2009.31.6040, 2009.39.6020, and 2009.39.6040 of the Harmonized
Tariff Schedule of the United States (HTSUS). Although the HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the scope of this investigation is
dispositive.
Appendix II--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Postponement of Final Determination and Extension of Provisional
Measures
VI. Affiliation/Single Entity
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2022-16640 Filed 8-3-22; 8:45 am]
BILLING CODE 3510-DS-P
