Certain Lemon Juice From the Republic of South Africa: Final Affirmative Determination of Sales at Less Than Fair Value, 78928-78929 [2022-28012]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 87, Number 246 (Friday, December 23, 2022)]
[Notices]
[Pages 78928-78929]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28012]



[[Page 78928]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-791-827]


Certain Lemon Juice From the Republic of South Africa: Final 
Affirmative Determination of Sales at Less Than Fair Value

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
certain lemon juice (lemon juice) from the Republic of South Africa 
(South Africa) is being, or is likely to be, sold in the United States 
at less than fair value (LTFV).

DATES: Applicable December 23, 2022.

FOR FURTHER INFORMATION CONTACT: Elizabeth Bremer or Zachary Shaykin, 
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) 482-4987 or (202) 
482-2638, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 4, 2022, Commerce published the Preliminary 
Determination.\1\ On September 15, 2022, Commerce postponed the final 
determination of this investigation.\2\ A summary of the events that 
occurred since Commerce published the Preliminary Determination, as 
well as a full discussion of the issues raised by parties for this 
final determination, may be found in the Issues and Decision 
Memorandum.\3\
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    \1\ See Certain Lemon Juice From the Republic of South Africa: 
Preliminary Affirmative Determination of Sales at Less Than Fair 
Value, 87 FR 47707 (August 4, 2022) (Preliminary Determination), and 
accompanying Preliminary Decision Memorandum.
    \2\ See Certain Lemon Juice From the Republic of South Africa: 
Postponement of Final Determination and Extension of Provisional 
Measures, 87 FR 56631 (September 15, 2022).
    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination in the Less-Than-Fair-Value 
Investigation of Certain Lemon Juice From the Republic of South 
Africa,'' dated concurrently with, and hereby adopted by, this 
notice (Issues and Decision Memorandum)
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Period of Investigation

    The period of investigation is October 1, 2020, through September 
30, 2021.

Scope of the Investigation

    The products covered by this investigation are certain lemon juice 
from South Africa. For a complete description of the scope of this 
investigation, see Appendix I.

Scope Comments

    No interested party commented on the scope of the investigation as 
it appeared in the Preliminary Determination. Therefore, no changes 
were made to the scope of the investigation.

Analysis of Comments Received

    All issues raised in the case briefs and rebuttal briefs submitted 
by interested parties in this proceeding are discussed in the Issues 
and Decision Memorandum. A list of the issues raised by parties and 
responded to by Commerce in the Issues and Decision Memorandum is 
attached to this notice as Appendix II. The Issues and Decision 
Memorandum is a public document and is available 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 Issues and Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Verification

    Commerce conducted verification of the information relied upon in 
making its final determination in this investigation with respect to 
Cape Fruit Processors (Pty) Ltd. (Cape Fruit), in accordance with 
section 782(i) of the Tariff Act of 1930, as amended (the Act).\4\ 
Specifically, Commerce conducted on-site verifications of the home 
market sales, U.S. sales, and cost of production responses submitted by 
Cape Fruit.
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    \4\ See Memoranda, ``Verification of the Sales Questionnaire 
Responses of Cape Fruit Processors (Pty) Ltd. in the Antidumping 
Duty Investigation of Certain Lemon Juice from the Republic of South 
Africa,'' dated October 4, 2022; and '' Verification of the Cost 
Responses of Cape Fruit Processors (Pty) Ltd. in the Antidumping 
Duty Investigation of Lemon Juice from the Republic of South 
Africa,'' dated October 5, 2022.
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Changes Since the Preliminary Determination

    Based on our analysis of the comments received and additional 
information obtained since our preliminary findings, we made certain 
changes to the margin calculation for Cape Fruit and certain changes to 
the rate for Granor Passi (Pty) Ltd. (Granor Passi) after the 
Preliminary Determination. For a discussion of these changes, see the 
Issues and Decision Memorandum.

All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated 
weighted-average dumping margin for all other producers and exporters 
not individually investigated shall be equal to the weighted average of 
the estimated weighted-average dumping margins established for 
individually investigated exporters and producers, excluding any 
margins that are zero or de minimis or any margins determined entirely 
under section 776 of the Act.
    In this investigation, Commerce assigned a rate based entirely on 
facts available to Granor Passi. Therefore, the only rate that is not 
zero, de minimis, or based entirely on facts otherwise available is the 
rate calculated for Cape Fruit. Consequently, the rate calculated for 
Cape Fruit is also assigned as the rate for all other producers and 
exporters.

Final Determination

    The estimated weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Cape Fruit Processors (Pty) Ltd.............................       47.89
Granor Passi (Pty) Ltd......................................     * 73.69
All Others..................................................       47.89
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* Based on total facts available with adverse inferences (AFA). For a
  full description of the methodology underlying our conclusions
  regarding the application of AFA, see the Issues and Decision
  Memorandum.

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this final 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).

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we will 
instruct U.S. Customs and Border Protection (CBP) to continue the 
suspension of liquidation of all appropriate entries of subject 
merchandise, as described in Appendix I of this notice, which were 
entered, or withdrawn from warehouse, for consumption on or after 
August 4, 2022, the date of publication of the Preliminary 
Determination in this investigation in the Federal Register.
    Pursuant to section 735(c)(1)(B)(ii) of the Act, we will instruct 
CBP to require a cash deposit equal to the estimated

[[Page 78929]]

amount by which the normal value exceeds the U.S. price in this final 
determination, as follows: (1) the cash deposit rate for each of the 
respondents listed in the table above is the company-specific cash 
deposit rate listed for the respondent in the table; (2) if the 
exporter is not a respondent listed in the table above, but the 
producer is, then the cash deposit rate is the company-specific cash 
deposit rate listed for the producer of the subject merchandise in the 
table above; and (3) the cash deposit rate for all other producers and 
exporters is the all-others cash deposit rate listed in the table 
above. These suspension of liquidation instructions will remain in 
effect until further notice.

U.S. International Trade Commission Notification

    In accordance with section 735(d) of the Act, Commerce will notify 
the U.S. International Trade Commission (ITC) of its final affirmative 
determination of sales at LTFV. Because the final determination in this 
proceeding is affirmative, in accordance with section 735(b)(2) of the 
Act, the ITC will make its final determination as to whether the 
domestic industry in the United States is materially injured, or 
threatened with material injury, no later than 45 days after our final 
determination. If the ITC determines that material injury or threat of 
material injury does not exist, the proceeding will be terminated, and 
all cash deposits will be refunded. If the ITC determines that material 
injury or threat of material injury does exist, Commerce will issue an 
antidumping duty order directing CBP to assess, upon further 
instruction by Commerce, antidumping duties on all imports of the 
subject merchandise, entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation.

Administrative Protective Order

    This notice serves as the only reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely 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 the terms of an APO is a violation subject to sanction.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 735(d) and 777(i) of the Act, and 19 CFR 351.210(c).

    Dated: December 19, 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 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 Issues and Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Changes Since the Preliminary Determination
V. Discussion of the Issues
    Comment 1: Whether to Apply Total Adverse Facts Available (AFA) 
to Cape Fruit Processors
    Comment 2: Whether to Continue to Apply Total AFA to Granor 
Passi
VI. Recommendation

[FR Doc. 2022-28012 Filed 12-22-22; 8:45 am]
BILLING CODE 3510-DS-P