Lemon Juice From Brazil and South Africa, Scheduling of the Final Phase of Anti-Dumping Duty Investigations, 51701-51702 [2022-18107]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 87, Number 162 (Tuesday, August 23, 2022)]
[Notices]
[Pages 51701-51702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18107]



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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 731-TA-1578-1579 (Final)]


Lemon Juice From Brazil and South Africa, Scheduling of the Final 
Phase of Anti-Dumping Duty Investigations

AGENCY: International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping investigation Nos. 731-TA-1578-1579 (Final) 
pursuant to the Tariff Act of 1930 (``the Act'') to determine whether 
an industry in the United States is materially injured or threatened 
with material injury, or the establishment of an industry in the United 
States is materially retarded, by reason of imports of lemon juice from 
Brazil and South Africa, provided for in subheadings 2009.31.40, 
2009.31.60, and 2009.39.60 of the Harmonized Tariff Schedule of the 
United States, preliminarily determined by the Department of Commerce 
(``Commerce'') to be sold at less-than-fair-value.

DATES: July 28, 2022.

FOR FURTHER INFORMATION CONTACT: Stamen Borisson (202-205-3125), 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 these 
investigations may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION:
    Scope.--For purposes of these investigations, Commerce has defined 
the subject merchandise as certain lemon juice (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 these investigations. 
Only the subject lemon juice component of such blended merchandise is 
covered by the scope of these investigations. Blended lemon juice is 
defined as certain lemon juice with two distinct component parts of 
differing country(s) of origin mixed together to form certain lemon 
juice where the component parts are no longer individually 
distinguishable.
    The product subject to these investigations 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 these investigations is dispositive.
    Background.--The final phase of these investigations is being 
scheduled, pursuant to section 735(b) of the Tariff Act of 1930 (19 
U.S.C. 1673d(b)), as a result of affirmative preliminary determinations 
by Commerce that imports of lemon juice from Brazil and South Africa 
are being sold in the United States at less than fair value within the 
meaning of Sec.  733 of the Act (19 U.S.C. 1673b). The investigations 
were requested in petitions filed on December 30, 2021, by Ventura 
Coastal LLC, Ventura, California.
    For further information concerning the conduct of this phase of the 
investigations, hearing procedures, and rules of general application, 
consult the Commission's Rules of Practice and Procedure, part 201, 
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19 
CFR part 207).
    Participation in the investigations 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 final phase of these 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in Sec.  201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of the investigations need not file an 
additional notice of appearance during this final phase. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
investigations.
    Please note the Secretary's Office will accept only electronic 
filings during 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.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to Sec.  207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in the final phase of these investigations 
available to authorized applicants under the APO issued in the 
investigations, provided that the application is made no later than 21 
days prior to the hearing date specified in this notice. Authorized 
applicants must represent interested parties, as defined by 19 U.S.C. 
1677(9), who are parties to the investigations. A party granted access 
to BPI in the preliminary phase of the investigations need not reapply 
for such access. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Staff report.--The prehearing staff report in the final phase of 
these investigations will be placed in the nonpublic record on 
September 27, 2022, and a public version will be issued thereafter, 
pursuant to Sec.  207.22 of the Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
final phase of these investigations beginning at 9:30 a.m. on October 
11, 2022. Information about the place and form of the hearing, 
including about how to participate in and/or view the hearing, will be 
posted on the Commission's website at https://www.usitc.gov/calendarpad/calendar.html. Interested parties should check the 
Commission's website periodically for updates. Requests to appear at 
the hearing should

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be filed in writing with the Secretary to the Commission on or before 
October 5, 2022. Any requests to appear as a witness via 
videoconference must be included with your request to appear. Requests 
to appear via videoconference must include a statement explaining why 
the witness cannot appear in person; the Chairman, or other person 
designated to conduct the investigations, may in their discretion for 
good cause shown, grant such a request. Requests to appear as remote 
witness due to illness or a positive COVID-19 test result may be 
submitted by 3 p.m. the business day prior to the hearing.
    A nonparty who has testimony that may aid the Commission's 
deliberations may request permission to present a short statement at 
the hearing. All parties and nonparties desiring to appear at the 
hearing and make oral presentations should attend a prehearing 
conference at 9:30 a.m. on October 6, 2022, if held. Oral testimony and 
written materials to be submitted at the public hearing are governed by 
sections 201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules. 
Parties must submit any request to present a portion of their hearing 
testimony in camera no later than 7 business days prior to the date of 
the hearing.
    Written submissions.--Each party who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of Sec.  207.23 of the Commission's rules; 
the deadline for filing is October 4, 2022. Parties may also file 
written testimony in connection with their presentation at the hearing, 
as provided in Sec.  207.24 of the Commission's rules, and posthearing 
briefs, which must conform with the provisions of section 207.25 of the 
Commission's rules. The deadline for filing posthearing briefs is 
October 18, 2022. In addition, any person who has not entered an 
appearance as a party to the investigations may submit a written 
statement of information pertinent to the subject of the 
investigations, including statements of support or opposition to the 
petition, on or before October 18, 2022. On November 2, 2022, the 
Commission will make available to parties all information on which they 
have not had an opportunity to comment. Parties may submit final 
comments on this information on or before November 4, 2022, but such 
final comments must not contain new factual information and must 
otherwise comply with Sec.  207.30 of the Commission's rules. 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.
    Additional written submissions to the Commission, including 
requests pursuant to Sec.  201.12 of the Commission's rules, shall not 
be accepted unless good cause is shown for accepting such submissions, 
or unless the submission is pursuant to a specific request by a 
Commissioner or Commission staff.
    In accordance with Sec. Sec.  201.16(c) and 207.3 of the 
Commission's rules, each document filed by a party to the 
investigations must be served on all other parties to the 
investigations (as identified by either the public or BPI service 
list), and a certificate of service must be timely filed. The Secretary 
will not accept a document for filing without a certificate of service.
    Authority: These investigations are being conducted under authority 
of title VII of the Tariff Act of 1930; this notice is published 
pursuant to Sec.  207.21 of the Commission's rules.

    By order of the Commission.
    Issued: August 17, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-18107 Filed 8-22-22; 8:45 am]
BILLING CODE 7020-02-P