White Grape Juice Concentrate From Argentina: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 66269-66272 [2022-23924]
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66269
Federal Register / Vol. 87, No. 212 / Thursday, November 3, 2022 / Notices
during the POR, the net countervailable
subsidy rates for the producers/
exporters under review are as follows:
Subsidy rate
(percent ad valorem)
Producer/exporter
Hyundai RB Co., Ltd ................................................................................................................................................................
SeAH Steel Corporation 1 ........................................................................................................................................................
1.66
* 0.31
Review-Specific Average Rate Applicable to the Following Companies
Chang Won Bending Co., Ltd .................................................................................................................................................
Dong Yang Steel Pipe Co., Ltd ...............................................................................................................................................
EEW Korea Co., Ltd ................................................................................................................................................................
HiSteel Co., Ltd .......................................................................................................................................................................
1.66
1.66
1.66
1.66
1 As discussed in the Preliminary Decision Memorandum, Commerce has found the following companies to be cross-owned with SeAH Steel
Corporation: SeAH Holdings Corporation and ESAB SeAH Corporation. The subsidy rates apply to all cross-owned companies.
* De minimis.
Disclosure
Normally, Commerce discloses to
interested parties the calculations
performed in connection with the final
results of review within five days of a
public announcement or, if there is no
public announcement, within five days
of the date of publication of the notice
of final results in the Federal Register,
in accordance with 19 CFR 351.224(b).
However, because we have made no
changes from the Preliminary Results,
there are no calculations to disclose.
lotter on DSK11XQN23PROD with NOTICES1
Assessment Rates
Pursuant to 19 CFR 351.212(b)(2),
Commerce will determine, and U.S.
Customs and Border Protection (CBP)
shall assess, countervailing duties on all
appropriate entries of subject
merchandise in accordance with the
final results of this review, for the
above-listed companies at the applicable
ad valorem assessment rates. We intend
to issue assessment instructions to CBP
no earlier than 35 days after the date of
publication of the final results of this
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
Cash Deposit Instructions
In accordance with section 751(a)(1)
of the Act, Commerce intends to instruct
CBP to collect cash deposits of
estimated countervailing duties in the
amounts shown for each of the
respective companies listed above based
on shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the final results of this
administrative review. For all nonreviewed firms subject to the Order, we
will instruct CBP to continue to collect
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cash deposits of estimated
countervailing duties at the most recent
company-specific rate or the all-others
rate (9.29 percent), as appropriate.8
These cash deposit requirements,
effective upon publication of these final
results, shall remain in effect until
further notice.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to an administrative
protective order (APO) of their
responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing these
final results in accordance with sections
751(a)(1) and 777(i) of the Act.
Dated: October 28, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Subsidies Valuation Information
V. Analysis of Programs
VI. Discussion of the Comments
Comment 1: Whether the Demand
Response Resources (DRR) Program Is
Countervailable
Comment 2: Whether Restriction of Special
Taxation Act (RSTA) Article 7 Is De Jure
Specific
8 See
PO 00000
Order, 84 FR 18775.
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Fmt 4703
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Comment 3: Whether Certain Programs Are
De Facto Specific
Comment 4: Whether the Energy Storage
Systems (ESS) Program Is Specific
Comment 5: Whether to Allocate Benefits
from the Process Quality Technology
Development Project to the POR
Comment 6: Whether the Employment
Security Improvement (ESI) Program Is
Countervailable
VII. Recommendation
[FR Doc. 2022–23920 Filed 11–2–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–357–825]
White Grape Juice Concentrate From
Argentina: 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 white grape juice
concentrate (WGJC) from Argentina is
being, or is likely to be, sold in the
United States at less than fair value
(LTFV). The period of investigation
(POI) is January 1, 2021, through
December 31, 2021. Interested parties
are invited to comment on this
preliminary determination.
DATES: Applicable November 3, 2022.
FOR FURTHER INFORMATION CONTACT:
Myrna Lobo or Jacob Saude, AD/CVD
Operations, Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–2371 or (202) 482–0981,
respectively.
AGENCY:
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Federal Register / Vol. 87, No. 212 / Thursday, November 3, 2022 / Notices
SUPPLEMENTARY INFORMATION:
concentrate from Argentina. For a
complete description of the scope of this
investigation, see Appendix I.
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 or de minimis, or that
are determined entirely under section
776 of the Act.
In this investigation, Commerce
calculated estimated weighted-average
dumping margins for Cepas Argentinas
S.A. (Cepas) and Federacion de
Cooperativas Vitivinicolas Argentinas
Coop. Ltda. (Fecovita), the two
mandatory respondents, 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 examined respondents
using each company’s publicly-ranged
values for the merchandise under
consideration.7
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 April 27, 2022.1 On August 24, 2022,
Commerce postponed the preliminary
determination of this investigation until
October 27, 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.
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 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.
Preliminary Determination
Scope of the Investigation
The product covered by this
investigation is white grape juice
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A)
of the Act provide that in the
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
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.6
Estimated
weighted-average
dumping margin
(percent)
Producer/exporter
Cepas Argentinas S.A. ....................................................................................................................
Federacion de Cooperativas Vitivinicolas Argentinas Coop. Ltda 2 ................................................
All Others .........................................................................................................................................
12.21
27.17
19.43
Cash deposit rate
(adjusted for
subsidy offsets)
(percent) 1
8.50
23.77
15.88
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1 In the preliminary determination of the companion countervailing duty (CVD) proceeding, Commerce found that certain of the programs conferring a benefit to the two mandatory respondents, Cepas and Fecovita, were export contingent subsidies. In accordance with section
772(c)(1)(C) of the Act, we have preliminarily relied on the CVD rates of 3.71 and 3.40 percent (i.e., the rates only related to export contingent
subsidies) calculated for Cepas and Fecovita, respectively, as well as the CVD all others rate of 3.55 percent, for purposes of determining the
preliminary antidumping duty cash deposit rate. See White Grape Juice Concentrate from Argentina: Preliminary Affirmative Countervailing Duty
Determination, 87 FR 54455 (September 6, 2022), and accompanying calculation memoranda for Cepas, Fecovita, and all others.
2 Fecovita is also known as ‘‘Fecovita Coop. Ltd.’’ See Memorandum, ‘‘Less-Than-Fair-Value Investigation of White Grape Juice Concentrate
from Argentina: Respondent Selection,’’ dated June 7, 2022.
1 See White Grape Juice Concentrate from
Argentina: Initiation of Less-Than-Fair-Value
Investigation, 87 FR 24934 (April 27, 2022)
(Initiation Notice).
2 See White Grape Juice Concentrate from
Argentina: Postponement of Preliminary
Determination in the Less-Than-Fair-Value
Investigation, 87 FR 51969 (August 24, 2022).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of White Grape Juice
Concentrate from Argentina’’ 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).
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5 See
Initiation Notice.
Commerce received comments within
this deadline from Delano Growers Grape Products,
LLC (the petitioner), these comments did not relate
to the scope language published in the Initiation
Notice. See Petitioner’s Letter, ‘‘Petition for the
Imposition of Antidumping and Countervailing
Duties: White Grape Juice Concentrate from
Argentina,’’ dated May 24, 2022.
7 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
6 Although
PO 00000
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Fmt 4703
Sfmt 4703
calculated for the examined respondents using each
company’s publicly-ranged U.S. sales values 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, 53662
(September 1, 2010), and accompanying Issues and
Decision Memorandum, at Comment 1; see also
Memorandum, ‘‘Calculation of the All-Others Rate
for the Preliminary Determination,’’ dated October
27, 2022.
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Federal Register / Vol. 87, No. 212 / Thursday, November 3, 2022 / Notices
Suspension of Liquidation
Verification
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
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. Commerce normally adjusts
cash deposits for estimated antidumping
duties by the amount of export subsidies
countervailed in a companion CVD
proceeding, when CVD provisional
measures are in effect. Accordingly,
where Commerce preliminarily made an
affirmative determination for
countervailable export subsidies,
Commerce has offset the estimated
weighted-average dumping margin by
the appropriate CVD rate. Any such
adjusted cash deposit rate may be found
in the ‘‘Preliminary Determination’’
section above.
Should provisional measures in the
companion CVD investigation expire
prior to the expiration of provisional
measures in this LTFV investigation,
Commerce will direct CBP to begin
collecting estimated antidumping duty
cash deposits unadjusted for
countervailed export subsidies at the
time that the provisional CVD measures
expire. These suspension of liquidation
instructions will remain in effect until
further notice.
As provided in section 782(i)(1) of the
Act, Commerce intends to verify the
information relied upon in making its
final determination.
lotter on DSK11XQN23PROD with NOTICES1
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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Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than seven days
after the date on which the last
verification report is issued in this
investigation. Rebuttal briefs, limited to
issues raised in case briefs, may be
submitted no later than seven days after
the deadline date for case briefs.8
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. 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 351.310(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, U.S. Department of
Commerce, within 30 days after the date
of publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
number of participants, whether any
participant is a foreign national, and 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
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; Extension of
Effective Period,
85 FR 41363 (July 10, 2020).
PO 00000
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Fmt 4703
Sfmt 4703
66271
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 October 14 and 17, 2022, pursuant
to 19 CFR 351.210(e), Fecovita and
Cepas 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 exporters account 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.
U.S. International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the U.S.
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 19 CFR 351.210(g).
10 See Fecovita’s Letter, ‘‘Antidumping Duty
Investigation of White Grape Juice Concentrate from
Argentina: Request to Extend Final Determination,’’
dated October 14, 2022; see also Cepas’s Letter,
‘‘Antidumping Investigation of White Grape Juice
Concentrate from Argentina: Request for Extension
of Deadline for Final Determination, In Event of
Affirmative Preliminary Determination,’’ dated
October 17, 2022.
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66272
Federal Register / Vol. 87, No. 212 / Thursday, November 3, 2022 / Notices
Dated: October 27, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix I—Scope of the Investigation
The scope of this investigation covers
white grape juice concentrate with a Brix
level of 65 to 68, whether in frozen or nonfrozen forms. White grape juice concentrate
is concentrated grape juice produced from
grapes of the Vitis vinifera L. species with a
white flesh, including fresh market table
grapes and raisin grapes (e.g., Thompson
Seedless), as well as several varietals of wine
grapes (e.g., Chardonnay, Chenin Blanc,
Sauvignon Blanc, Colombard, etc.). The
scope of this investigation covers white grape
juice concentrate regardless of whether it has
been certified as kosher, organic, or organic
kosher. The white grape juice concentrate
subject to this investigation consists of 100
percent grape juice with no other types of
juice intermixed and no additional sugars or
additives included.
The scope does not cover white grape juice
concentrate produced from grapes of the Vitis
labrusca species (e.g., Niagara).
The products covered by this investigation
are currently classified under the following
Harmonized Tariff Schedule of the United
States (HTSUS) subheadings: 2009.69.0040
and 2009.69.0060. The HTSUS subheadings
and specifications are provided for
convenience and customs purposes; the
written description of the scope 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. Scope Comments
VI. Postponement of Final Determination and
Extension of Provisional Measures
VII. Affiliation
VIII. Discussion of the Methodology
IX. Currency Conversion
X. Adjustments to Cash Deposit Rates for
Export Subsidies in Companion
Countervailing Duty Investigation
XI. Recommendation
[FR Doc. 2022–23924 Filed 11–2–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[Application No. 10–6A001]
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Export Trade Certificate of Review
Notice of application for an
amended Export Trade Certificate of
Review for Alaska Longline Cod
Commission, Application No. 10–
6A001.
ACTION:
The Secretary of Commerce,
through the Office of Trade and
SUMMARY:
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16:41 Nov 02, 2022
Jkt 259001
Economic Analysis (‘‘OTEA’’) of the
International Trade Administration, has
received an application for an amended
Export Trade Certificate of Review
(‘‘Certificate’’). This notice summarizes
the proposed amendment and seeks
public comments on whether the
amended Certificate should be issued.
FOR FURTHER INFORMATION CONTACT:
Joseph Flynn, Director, OTEA,
International Trade Administration, by
telephone at (202) 482–5131 (this is not
a toll-free number) or email at etca@
trade.gov.
SUPPLEMENTARY INFORMATION: Title III of
the Export Trading Company Act of
1982 (15 U.S.C. 4001–21) (‘‘the Act’’)
authorizes the Secretary of Commerce to
issue Export Trade Certificates of
Review. An Export Trade Certificate of
Review protects the holder and the
members identified in the Certificate
from State and Federal government
antitrust actions and from private treble
damage antitrust actions for the export
conduct specified in the Certificate and
carried out in compliance with its terms
and conditions. The regulations
implementing Title III are found at 15
CFR part 325. OTEA is issuing this
notice pursuant to 15 CFR 325.6(a),
which requires the Secretary of
Commerce to publish a summary of the
application in the Federal Register,
identifying the applicant and each
member and summarizing the proposed
export conduct.
Request for Public Comments
Interested parties may submit written
comments relevant to the determination
whether a Certificate should be issued.
If the comments include any privileged
or confidential business information, it
must be clearly marked and a
nonconfidential version of the
comments (identified as such) should be
included. Any comments not marked as
privileged or confidential business
information will be deemed to be
nonconfidential.
Written comments should be sent to
etca@trade.gov. An original and two (2)
copies should also be submitted no later
than 20 days after the date of this notice
to Office of Trade and Economic
Analysis, International Trade
Administration, U.S. Department of
Commerce, Room 21028, Washington,
DC 20230.
Information submitted by any person
is exempt from disclosure under the
Freedom of Information Act (5 U.S.C.
552). However, nonconfidential versions
of the comments will be made available
to the applicant if necessary for
determining whether or not to issue the
Certificate. Comments should refer to
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
this application as ‘‘Export Trade
Certificate of Review, application
number 10–6A001.’’
Summary of the Application
Applicant: Alaska Longline Cod
Commission, c/o Mundt MacGregor
L.L.P., 271 Wyatt Way NE, Suite 106,
Bainbridge Island, WA, 98110.
Contact: Duncan McIntosh, Attorney
at Law.
Application No.: 10–6A001.
Date Deemed Submitted: October 21,
2022.
Proposed Amendment: Alaska
Longline Cod Commission (‘‘ALCC’’)
seeks to amend its Certificate as follows:
1. Under Export Trade, change
references of Export Product to Export
Products.
2. Add the following six products as
Export Products within the meaning of
section 325.2(j) of the Regulations (15
CFR 325.2(j)):
a. cod heads
b. cod collars
c. cod roe
d. cod chu
e. cod milt
f. ray wings
3. Change the reference to Export
Product in the following sentence:
Change ‘‘Frozen-at-sea means that the
Export Product is frozen on the catcherprocessor vessel while at-sea
immediately after being headed and
gutted.’’ to ‘‘Frozen-at-sea means that
the Alaska cod is frozen on the catcherprocessor vessel while at-sea
immediately after being headed and
gutted.’’
The proposed amendment would
result in the following Export Products
under Export Trade in the Certificate:
Export Products
ALCC plans to export frozen at-sea,
headed and gutted, Alaska cod (Gadus
macrocephalus), also known as Pacific
cod. Headed and gutted means the head
and viscera are removed prior to
freezing. Frozen-at-sea means that the
Alaska cod is frozen on the catcherprocessor vessel while at-sea
immediately after being headed and
gutted.
ALCC also plans to export byproducts
of ALCC frozen-at-sea, headed and
gutted Alaska cod: cod heads; cod
collars; cod roe; cod chu; cod milt; and
ray wings. The cod heads, cod collars,
cod roe, cod chu, and cod milt are
derived from parts of the Alaska cod
remaining after the heading-and-gutting
of the cod to produce frozen-at-sea
headed and gutted Alaska cod. The ray
wings are derived from Alaska skate,
which is caught incidentally while
targeting Alaska cod.
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]]>Agencies
[Federal Register Volume 87, Number 212 (Thursday, November 3, 2022)]
[Notices]
[Pages 66269-66272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23924]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-357-825]
White Grape Juice Concentrate From Argentina: 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 white grape juice concentrate (WGJC) from Argentina is
being, or is likely to be, sold in the United States at less than fair
value (LTFV). The period of investigation (POI) is January 1, 2021,
through December 31, 2021. Interested parties are invited to comment on
this preliminary determination.
DATES: Applicable November 3, 2022.
FOR FURTHER INFORMATION CONTACT: Myrna Lobo or Jacob Saude, AD/CVD
Operations, Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2371 or (202) 482-0981,
respectively.
[[Page 66270]]
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 April 27,
2022.\1\ On August 24, 2022, Commerce postponed the preliminary
determination of this investigation until October 27, 2022. \2\
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\1\ See White Grape Juice Concentrate from Argentina: Initiation
of Less-Than-Fair-Value Investigation, 87 FR 24934 (April 27, 2022)
(Initiation Notice).
\2\ See White Grape Juice Concentrate from Argentina:
Postponement of Preliminary Determination in the Less-Than-Fair-
Value Investigation, 87 FR 51969 (August 24, 2022).
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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.
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\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of White
Grape Juice Concentrate from Argentina'' dated concurrently with,
and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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Scope of the Investigation
The product covered by this investigation is white grape juice
concentrate from Argentina. 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.\6\
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\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice.
\6\ Although Commerce received comments within this deadline
from Delano Growers Grape Products, LLC (the petitioner), these
comments did not relate to the scope language published in the
Initiation Notice. See Petitioner's Letter, ``Petition for the
Imposition of Antidumping and Countervailing Duties: White Grape
Juice Concentrate from Argentina,'' dated May 24, 2022.
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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 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 rates that
are zero or de minimis, or that are determined entirely under section
776 of the Act.
In this investigation, Commerce calculated estimated weighted-
average dumping margins for Cepas Argentinas S.A. (Cepas) and
Federacion de Cooperativas Vitivinicolas Argentinas Coop. Ltda.
(Fecovita), the two mandatory respondents, 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 examined
respondents using each company's publicly-ranged values for the
merchandise under consideration.\7\
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\7\ 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. sales
values 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, 53662
(September 1, 2010), and accompanying Issues and Decision
Memorandum, at Comment 1; see also Memorandum, ``Calculation of the
All-Others Rate for the Preliminary Determination,'' dated October
27, 2022.
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Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
------------------------------------------------------------------------
Cash deposit rate
Estimated weighted- (adjusted for
Producer/exporter average dumping subsidy offsets)
margin (percent) (percent) \1\
------------------------------------------------------------------------
Cepas Argentinas S.A........ 12.21 8.50
Federacion de Cooperativas 27.17 23.77
Vitivinicolas Argentinas
Coop. Ltda \2\.............
All Others.................. 19.43 15.88
------------------------------------------------------------------------
\1\ In the preliminary determination of the companion countervailing
duty (CVD) proceeding, Commerce found that certain of the programs
conferring a benefit to the two mandatory respondents, Cepas and
Fecovita, were export contingent subsidies. In accordance with section
772(c)(1)(C) of the Act, we have preliminarily relied on the CVD rates
of 3.71 and 3.40 percent (i.e., the rates only related to export
contingent subsidies) calculated for Cepas and Fecovita, respectively,
as well as the CVD all others rate of 3.55 percent, for purposes of
determining the preliminary antidumping duty cash deposit rate. See
White Grape Juice Concentrate from Argentina: Preliminary Affirmative
Countervailing Duty Determination, 87 FR 54455 (September 6, 2022),
and accompanying calculation memoranda for Cepas, Fecovita, and all
others.
\2\ Fecovita is also known as ``Fecovita Coop. Ltd.'' See Memorandum,
``Less-Than-Fair-Value Investigation of White Grape Juice Concentrate
from Argentina: Respondent Selection,'' dated June 7, 2022.
[[Page 66271]]
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 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. Commerce normally adjusts cash
deposits for estimated antidumping duties by the amount of export
subsidies countervailed in a companion CVD proceeding, when CVD
provisional measures are in effect. Accordingly, where Commerce
preliminarily made an affirmative determination for countervailable
export subsidies, Commerce has offset the estimated weighted-average
dumping margin by the appropriate CVD rate. Any such adjusted cash
deposit rate may be found in the ``Preliminary Determination'' section
above.
Should provisional measures in the companion CVD investigation
expire prior to the expiration of provisional measures in this LTFV
investigation, Commerce will direct CBP to begin collecting estimated
antidumping duty cash deposits unadjusted for countervailed export
subsidies at the time that the provisional CVD measures expire. 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
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the last verification report is issued in
this investigation. Rebuttal briefs, limited to issues raised in case
briefs, may be submitted no later than seven days after the deadline
date for case briefs.\8\ 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. Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\9\
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\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; Extension of Effective Period,
85 FR 41363 (July 10, 2020).
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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, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and 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 October 14 and 17, 2022, pursuant to 19 CFR 351.210(e), Fecovita
and Cepas 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 exporters account 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.
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\10\ See Fecovita's Letter, ``Antidumping Duty Investigation of
White Grape Juice Concentrate from Argentina: Request to Extend
Final Determination,'' dated October 14, 2022; see also Cepas's
Letter, ``Antidumping Investigation of White Grape Juice Concentrate
from Argentina: Request for Extension of Deadline for Final
Determination, In Event of Affirmative Preliminary Determination,''
dated October 17, 2022.
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U.S. International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the U.S. 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 19
CFR 351.210(g).
[[Page 66272]]
Dated: October 27, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I--Scope of the Investigation
The scope of this investigation covers white grape juice
concentrate with a Brix level of 65 to 68, whether in frozen or non-
frozen forms. White grape juice concentrate is concentrated grape
juice produced from grapes of the Vitis vinifera L. species with a
white flesh, including fresh market table grapes and raisin grapes
(e.g., Thompson Seedless), as well as several varietals of wine
grapes (e.g., Chardonnay, Chenin Blanc, Sauvignon Blanc, Colombard,
etc.). The scope of this investigation covers white grape juice
concentrate regardless of whether it has been certified as kosher,
organic, or organic kosher. The white grape juice concentrate
subject to this investigation consists of 100 percent grape juice
with no other types of juice intermixed and no additional sugars or
additives included.
The scope does not cover white grape juice concentrate produced
from grapes of the Vitis labrusca species (e.g., Niagara).
The products covered by this investigation are currently
classified under the following Harmonized Tariff Schedule of the
United States (HTSUS) subheadings: 2009.69.0040 and 2009.69.0060.
The HTSUS subheadings and specifications are provided for
convenience and customs purposes; the written description of the
scope 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. Scope Comments
VI. Postponement of Final Determination and Extension of Provisional
Measures
VII. Affiliation
VIII. Discussion of the Methodology
IX. Currency Conversion
X. Adjustments to Cash Deposit Rates for Export Subsidies in
Companion Countervailing Duty Investigation
XI. Recommendation
[FR Doc. 2022-23924 Filed 11-2-22; 8:45 am]
BILLING CODE 3510-DS-P
