Certain Lemon Juice From Brazil and the Republic of South Africa: Antidumping Duty Orders, 10088-10090 [2023-03282]
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10088
Federal Register / Vol. 88, No. 32 / Thursday, February 16, 2023 / Notices
DEPARTMENT OF COMMERCE
International Trade Adminstration
[A–351–858, A–791–827]
Certain Lemon Juice From Brazil and
the Republic of South Africa:
Antidumping Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the U.S. Department
of Commerce (Commerce) and the U.S.
International Trade Commission (ITC),
Commerce is issuing antidumping duty
orders on certain lemon juice (lemon
juice) from Brazil and the Republic of
South Africa (South Africa).
DATES: Applicable February 16, 2023.
FOR FURTHER INFORMATION CONTACT:
Dakota Potts (Brazil) or Elizabeth
Bremer and Zachary Shaykin (South
Africa), 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) 482–0223,
(202) 482–4987, or (202) 482–2638,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(d)
and 777(i) of the Tariff Act of 1930, as
amended (the Act), on December 23,
2022, Commerce published its
affirmative final determinations in the
less-than-fair-value (LTFV)
investigations of lemon juice from Brazil
and South Africa.1 On February 6, 2023,
the ITC notified Commerce of its final
determinations, pursuant to section
735(d) of the Act, that an industry in the
United States is materially injured
within the meaning of section
735(b)(1)(A)(i) of the Act by reason of
LTFV imports of lemon juice from
Brazil and South Africa.2
lotter on DSK11XQN23PROD with NOTICES1
Scope of the Orders
The product covered by these orders
is lemon juice from Brazil and South
Africa. For a complete description of the
scope of the orders, see the appendix to
this notice.
1 See Certain Lemon Juice from Brazil: Final
Affirmative Determination of Sales at Less Than
Fair Value, 87 FR 78939 (December 23, 2022); see
also Certain Lemon Juice from the Republic of
South Africa: Final Affirmative Determination of
Sales at Less Than Fair Value, 87 FR 78928
(December 23, 2023).
2 See ITC’s Letter, Investigation Nos. 731–TA–
1578–1579 (Final), dated February 6, 2023; see also
Lemon Juice from Brazil and South Africa, 88 FR
8912 (February 10, 2023).
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Antidumping Duty Orders
Based on the above-referenced
affirmative final determinations by the
ITC that an industry in the United States
is materially injured within the meaning
of section 735(b)(1)(A)(i) of the Act by
reason of LTFV imports of lemon juice
from Brazil and South Africa,3 in
accordance with sections 735(c)(2) and
736 of the Act, Commerce is issuing
these antidumping duty orders.
Moreover, because the ITC determined
that imports of lemon juice from Brazil
and South Africa are materially injuring
a U.S. industry, unliquidated entries of
such merchandise from Brazil and
South Africa, entered or withdrawn
from warehouse for consumption, are
subject to the assessment of
antidumping duties.
Therefore, in accordance with section
736(a)(1) of the Act, Commerce will
direct U.S. Customs and Border
Protection (CBP) to assess, upon further
instruction by Commerce, antidumping
duties equal to the amount by which the
normal value of the merchandise
exceeds the export price (or constructed
export price) of the merchandise, for all
relevant entries of lemon juice from
Brazil and South Africa. With the
exception of entries occurring after the
expiration of the provisional measures
period and before publication of the
ITC’s final affirmative injury
determinations, as further described
below, antidumping duties will be
assessed on unliquidated entries of
lemon juice from Brazil and South
Africa entered, or withdrawn from
warehouse, for consumption, on or after
August 4, 2022, the date of publication
of the Preliminary Determinations in the
Federal Register.4
Continuation of Suspension of
Liquidation and Cash Deposits
Except as noted in the ‘‘Provisional
Measures’’ section of this notice, in
accordance with section 736 of the Act,
Commerce will instruct CBP to continue
to suspend liquidation on all relevant
entries of lemon juice from Brazil and
South Africa. These instructions
3 Id.
4 See Certain Lemon Juice from Brazil:
Preliminary Affirmative Determination of Sales at
Less Than Fair Value, Postponement of Final
Determination, and Extension of Provisional
Measures, 87 FR 47697 (August 4, 2022) (Brazil
Preliminary Determination); see also 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)
(South Africa Preliminary Determination); and
Certain Lemon Juice from the Republic of South
Africa: Postponement of Final Determination and
Extension of Provisional Measures, 87 FR 56631
(September 15, 2022) (South Africa Postponement
Notice).
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Sfmt 4703
suspending liquidation will remain in
effect until further notice.
Commerce will also instruct CBP to
require cash deposits equal to the
amounts indicated below. Accordingly,
effective on the date of publication in
the Federal Register of the notice of the
ITC’s final affirmative injury
determination, CBP will require, at the
same time as importers would normally
deposit estimated duties on this subject
merchandise, a cash deposit equal to the
cash deposit rates listed in the table
below. The all-others rate applies to all
producers or exporters not specifically
listed, as appropriate.
Estimated Weighted-Average Dumping
Margins
The estimated weighted-average
dumping margins are as follows:
Brazil
Exporter/producer
Citrus Juice Eireli ........................
Louis Dreyfus Company Sucos
S.A ..........................................
All Others ....................................
Estimated
weightedaverage
dumping
margin
(percent)
22.31
5 0.00
22.31
South Africa
Exporter/producer
Cape Fruit Processors Pty. Ltd ..
Granor Passi (Pty.) Ltd ...............
All Others ....................................
Estimated
weightedaverage
dumping
margin
(percent)
47.89
73.69
47.89
Provisional Measures
Section 733(d) of the Act states that
suspension of liquidation pursuant to an
affirmative preliminary determination
may not remain in effect for more than
four months, except where exporters
representing a significant proportion of
exports of the subject merchandise
request that Commerce extend the fourmonth period to no more than six
months. At the request of exporters that
account for a significant proportion of
exports of lemon juice from Brazil and
South Africa, Commerce extended the
four-month period to six months in
5 Merchandise produced and exported by Louis
Dreyfus Company Sucos S.A. (LDC) is excluded
from the Brazil order. This exclusion does not apply
to merchandise produced by LDC and exported by
any other company or merchandise produced by
any other company and exported by LDC. Resellers
of merchandise produced by LDC are also not
entitled to this exclusion.
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Federal Register / Vol. 88, No. 32 / Thursday, February 16, 2023 / Notices
these investigations.6 Commerce
published the Preliminary
Determinations on August 4, 2022.7
The extended provisional measures
period, beginning on the date of
publication of the Preliminary
Determinations, ended on January 30,
2023. Therefore, in accordance with
section 733(d) of the Act and our
practice,8 Commerce will instruct CBP
to terminate the suspension of
liquidation and to liquidate, without
regard to antidumping duties,
unliquidated entries of lemon juice from
Brazil and South Africa entered, or
withdrawn from warehouse, for
consumption after January 30, 2023, the
final day on which the provisional
measures were in effect, until and
through the day preceding the date of
publication of the ITC’s final affirmative
injury determinations in the Federal
Register. Suspension of liquidation and
the collection of cash deposits will
resume on the date of publication of the
ITC’s final determinations in the
Federal Register.
Establishment of the Annual Inquiry
Service Lists
lotter on DSK11XQN23PROD with NOTICES1
On September 20, 2021, Commerce
published the final rule titled
‘‘Regulations to Improve Administration
and Enforcement of Antidumping and
Countervailing Duty Laws’’ in the
Federal Register.9 On September 27,
2021, Commerce also published the
notice titled ‘‘Scope Ruling Application;
Annual Inquiry Service List; and
Informational Sessions’’ in the Federal
Register.10 The Final Rule and
Procedural Guidance provide that
Commerce will maintain an annual
inquiry service list for each order or
suspended investigation, and any
interested party submitting a scope
ruling application or request for
circumvention inquiry shall serve a
copy of the application or request on the
persons on the annual inquiry service
list for that order, as well as any
companion order covering the same
6 See Brazil Preliminary Determination; see also
South Africa Postponement Notice.
7 See Brazil Preliminary Determination; see also
South Africa Preliminary Determination.
8 See, e.g., Certain Corrosion-Resistant Steel
Products from India, the People’s Republic of
China, the Republic of Korea and Taiwan:
Amended Final Affirmative Antidumping
Determination for India and Taiwan, and
Antidumping Duty Orders, 81 FR 48390, 48392
(July 25, 2016).
9 See Regulations to Improve Administration and
Enforcement of Antidumping and Countervailing
Duty Laws, 86 FR 52300 (September 20, 2021)
(Final Rule).
10 See Scope Ruling Application; Annual Inquiry
Service List; and Informational Sessions, 86 FR
53205 (September 27, 2021) (Procedural Guidance).
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16:51 Feb 15, 2023
Jkt 259001
merchandise from the same country of
origin.11
In accordance with the Procedural
Guidance, for orders published in the
Federal Register after November 4,
2021, Commerce will create an annual
inquiry service list segment in
Commerce’s online e-filing and
document management system,
Antidumping and Countervailing Duty
Electronic Service System (ACCESS),
available at https://access.trade.gov,
within five business days of publication
of the notice of the order. Each annual
inquiry service list will be saved in
ACCESS, under each case number, and
under a specific segment type called
‘‘AISL-Annual Inquiry Service List.’’ 12
Interested parties who wish to be
added to the annual inquiry service list
for an order must submit an entry of
appearance to the annual inquiry
service list segment for the order in
ACCESS within 30 days after the date of
publication of the order. For ease of
administration, Commerce requests that
law firms with more than one attorney
representing interested parties in an
order designate a lead attorney to be
included on the annual inquiry service
list. Commerce will finalize the annual
inquiry service list within five business
days thereafter. As mentioned in the
Procedural Guidance, the new annual
inquiry service list will be in place until
the following year, when the
Opportunity Notice for the anniversary
month of the order is published.
Commerce may update an annual
inquiry service list at any time as
needed based on interested parties’
amendments to their entries of
appearance to remove or otherwise
modify their list of members and
representatives, or to update contact
information. Any changes or
announcements pertaining to these
procedures will be posted to the
ACCESS website at https://
access.trade.gov.
Special Instructions for Petitioners and
Foreign Governments
In the Final Rule, Commerce stated
that, ‘‘after an initial request and
placement on the annual inquiry service
11 Id.
12 This segment will be combined with the
ACCESS Segment Specific Information (SSI) field
which will display the month in which the notice
of the order or suspended investigation was
published in the Federal Register, also known as
the anniversary month. For example, for an order
under case number A–000–000 that was published
in the Federal Register in January, the relevant
segment and SSI combination will appear in
ACCESS as ‘‘AISL-January Anniversary.’’ Note that
there will be only one annual inquiry service list
segment per case number, and the anniversary
month will be pre-populated in ACCESS.
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10089
list, both petitioners and foreign
governments will automatically be
placed on the annual inquiry service list
in the years that follow.’’ 13
Accordingly, as stated above, the
petitioners and foreign governments
should submit their initial entry of
appearance after publication of this
notice in order to appear in the first
annual inquiry service list. Pursuant to
19 CFR 351.225(n)(3), the petitioners
and foreign governments will not need
to resubmit their entries of appearance
each year to continue to be included on
the annual inquiry service list.
However, the petitioners and foreign
governments are responsible for making
amendments to their entries of
appearance during the annual update to
the annual inquiry service list in
accordance with the procedures
described above.
Notification to Interested Parties
This notice constitutes the
antidumping duty orders with respect to
lemon juice from Brazil and South
Africa pursuant to section 736(a) of the
Act. Interested parties can find a list of
antidumping duty orders currently in
effect at https://www.trade.gov/datavisualization/adcvd-proceedings.
These orders are published in
accordance with section 736(a) of the
Act and 19 CFR 351.211(b).
Dated: February 10, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
Scope of the Orders
The product covered by these orders 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-fromconcentrate), 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,
13 See
E:\FR\FM\16FEN1.SGM
Final Rule, 86 FR at 52335.
16FEN1
10090
Federal Register / Vol. 88, No. 32 / Thursday, February 16, 2023 / Notices
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 orders. Only
the subject lemon juice component of such
blended merchandise is covered by the scope
of these orders. 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 orders 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 orders is
dispositive.
Background
On August 9, 2004, Commerce
published in the Federal Register the
antidumping duty order on PRCBs from
China.1 On August 2, 2022, Commerce
published in the Federal Register a
notice of opportunity to request an
administrative review of the Order.2 On
August 31, 2022, the petitioners 3 timely
requested an administrative review of
the Order with respect to Nozawa and
Crown.4 Commerce received no other
requests for an administrative review of
the Order. On October 11, 2022,
pursuant to section 751(a) of the Tariff
Act of 1930, as amended (the Act), and
19 CFR 351.221(c)(1)(i), Commerce
initiated this administrative review.5 On
November 29, 2022, the petitioners
timely withdrew their request for an
administrative review of Crown.6
[FR Doc. 2023–03282 Filed 2–15–23; 8:45 am]
Scope of the Order
The products covered by the Order
are PRCBs which may be referred to as
t-shirt sacks, merchandise bags, grocery
bags, or checkout bags. The subject
merchandise is defined as non-sealable
sacks and bags with handles (including
drawstrings), without zippers or integral
extruded closures, with or without
gussets, with or without printing, of
polyethylene film having a thickness no
greater than 0.035 inch (0.889 mm) and
no less than 0.00035 inch (0.00889 mm),
and with no length or width shorter
than 6 inches (15.24 cm) or longer than
40 inches (101.6 cm). The depth of the
bag may be shorter than 6 inches but not
longer than 40 inches (101.6 cm).
PRCBs are typically provided without
any consumer packaging and free of
charge by retail establishments, e.g.,
grocery, drug, convenience, department,
specialty retail, discount stores, and
restaurants, to their customers to
package and carry their purchased
products. The scope of the Order
excludes (1) polyethylene bags that are
not printed with logos or store names
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–886]
Polyethylene Retail Carrier Bags From
the People’s Republic of China:
Preliminary Determination of No
Shipments and Rescission of Review
in Part; 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
finds that Dongguan Nozawa Plastics
Products Co., Ltd. and United Power
Packaging, Ltd. (collectively, Nozawa)
had no shipments of polyethylene retail
carrier bags (PRCBs) from the People’s
Republic of China (China) during the
period of review (POR), August 1, 2021,
through July 31, 2022. In addition,
Commerce is rescinding this
administrative review, in part, for
Crown Polyethylene Products
(International) Ltd. (Crown), for which
the review request was withdrawn. We
invite interested parties to comment on
these preliminary results of review.
DATES: Applicable February 16, 2023.
FOR FURTHER INFORMATION CONTACT:
Christopher Williams, AD/CVD
Operations, Office I, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–5166.
SUPPLEMENTARY INFORMATION:
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AGENCY:
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16:51 Feb 15, 2023
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1 See Antidumping Duty Order: Polyethylene
Retail Carrier Bags from the People’s Republic of
China, 69 FR 48201 (August 9, 2004) (Order).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review, 87 FR 47187
(August 2, 2022).
3 The petitioners are the Polyethylene Retail
Carrier Bag Committee and its individual members,
Hilex Poly Co., LLC and Superbag Corporation.
4 See Petitioners’ Letter, ‘‘Polyethylene Retail
Carrier Bags from the People’s Republic of China:
Request for Administrative Review,’’ dated August
31, 2022.
5 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
61278 (October 11, 2022).
6 See Petitioners’ Letter, ‘‘Polyethylene Retail
Carrier Bags from the People’s Republic of China:
Partial Withdrawal of Request for Administrative
Review,’’ dated November 29, 2022.
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and that are closeable with drawstrings
made of polyethylene film and (2)
polyethylene bags that are packed in
consumer packaging with printing that
refers to specific end-uses other than
packaging and carrying merchandise
from retail establishments, e.g., garbage
bags, lawn bags, trash-can liners.
Imports of the subject merchandise
are currently classifiable under
statistical category 3923.21.0090 of the
Harmonized Tariff Schedule of the
United States (HTSUS). This
subheading also covers products that are
outside the scope of the Order.
Furthermore, although the HTSUS
subheading is provided for convenience
and customs purposes, our written
description of the scope of the Order is
dispositive.
Rescission of Administrative Review, in
Part
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if the party that requested a review
withdraws its request within 90 days of
the date of publication of the notice of
initiation. Because the petitioners
timely withdrew their review request for
Crown, and no other party requested an
administrative review of Crown, we are
rescinding the administrative review of
Crown, pursuant to 19 CFR
351.213(d)(1).
Preliminary Determination of No
Shipments
On November 9, 2022, Nozawa timely
filed a letter certifying that it had no
U.S. exports, sales, or entries of subject
merchandise to the United States during
the POR.7 We requested that U.S.
Customs and Border Protection (CBP)
report any information contradicting
Nozawa’s claim of no shipments 8 and
in response to our query, CBP confirmed
Nozawa’s claim of no shipments of
subject merchandize during the POR.9
Therefore, we preliminarily determine
that Nozawa had no shipments of
subject merchandise to the United
States during the POR. Consistent with
Commerce’s practice, we will complete
the review of Nozawa and issue
7 See Nozawa’s Letter, ‘‘Polyethylene Retail
Carrier Bags from the People’s Republic of China:
No Shipment Certification,’’ dated November 9,
2022.
8 See CBP message number 2334401 dated
November 28, 2022, available at https://
aceservices.cbp.dhs.gov/adcvdweb/.
9 See Memorandum, ‘‘Polyethylene Retail Carrier
Bags from the People’s Republic of China; No
Shipment Inquiry for Dongguan Nozawa Plastics
Products Co., Ltd. and United Power Packaging,
Ltd. during the Period 08/01/2021 through 07/31/
2022,’’ dated January 30, 2023.
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]]>Agencies
[Federal Register Volume 88, Number 32 (Thursday, February 16, 2023)]
[Notices]
[Pages 10088-10090]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03282]
[[Page 10088]]
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DEPARTMENT OF COMMERCE
International Trade Adminstration
[A-351-858, A-791-827]
Certain Lemon Juice From Brazil and the Republic of South Africa:
Antidumping Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the U.S.
Department of Commerce (Commerce) and the U.S. International Trade
Commission (ITC), Commerce is issuing antidumping duty orders on
certain lemon juice (lemon juice) from Brazil and the Republic of South
Africa (South Africa).
DATES: Applicable February 16, 2023.
FOR FURTHER INFORMATION CONTACT: Dakota Potts (Brazil) or Elizabeth
Bremer and Zachary Shaykin (South Africa), 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) 482-0223, (202) 482-4987, or (202) 482-2638,
respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(d) and 777(i) of the Tariff Act of
1930, as amended (the Act), on December 23, 2022, Commerce published
its affirmative final determinations in the less-than-fair-value (LTFV)
investigations of lemon juice from Brazil and South Africa.\1\ On
February 6, 2023, the ITC notified Commerce of its final
determinations, pursuant to section 735(d) of the Act, that an industry
in the United States is materially injured within the meaning of
section 735(b)(1)(A)(i) of the Act by reason of LTFV imports of lemon
juice from Brazil and South Africa.\2\
---------------------------------------------------------------------------
\1\ See Certain Lemon Juice from Brazil: Final Affirmative
Determination of Sales at Less Than Fair Value, 87 FR 78939
(December 23, 2022); see also Certain Lemon Juice from the Republic
of South Africa: Final Affirmative Determination of Sales at Less
Than Fair Value, 87 FR 78928 (December 23, 2023).
\2\ See ITC's Letter, Investigation Nos. 731-TA-1578-1579
(Final), dated February 6, 2023; see also Lemon Juice from Brazil
and South Africa, 88 FR 8912 (February 10, 2023).
---------------------------------------------------------------------------
Scope of the Orders
The product covered by these orders is lemon juice from Brazil and
South Africa. For a complete description of the scope of the orders,
see the appendix to this notice.
Antidumping Duty Orders
Based on the above-referenced affirmative final determinations by
the ITC that an industry in the United States is materially injured
within the meaning of section 735(b)(1)(A)(i) of the Act by reason of
LTFV imports of lemon juice from Brazil and South Africa,\3\ in
accordance with sections 735(c)(2) and 736 of the Act, Commerce is
issuing these antidumping duty orders. Moreover, because the ITC
determined that imports of lemon juice from Brazil and South Africa are
materially injuring a U.S. industry, unliquidated entries of such
merchandise from Brazil and South Africa, entered or withdrawn from
warehouse for consumption, are subject to the assessment of antidumping
duties.
---------------------------------------------------------------------------
\3\ Id.
---------------------------------------------------------------------------
Therefore, in accordance with section 736(a)(1) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by Commerce, antidumping duties equal
to the amount by which the normal value of the merchandise exceeds the
export price (or constructed export price) of the merchandise, for all
relevant entries of lemon juice from Brazil and South Africa. With the
exception of entries occurring after the expiration of the provisional
measures period and before publication of the ITC's final affirmative
injury determinations, as further described below, antidumping duties
will be assessed on unliquidated entries of lemon juice from Brazil and
South Africa entered, or withdrawn from warehouse, for consumption, on
or after August 4, 2022, the date of publication of the Preliminary
Determinations in the Federal Register.\4\
---------------------------------------------------------------------------
\4\ See Certain Lemon Juice from Brazil: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Postponement of
Final Determination, and Extension of Provisional Measures, 87 FR
47697 (August 4, 2022) (Brazil Preliminary Determination); see also
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) (South Africa Preliminary Determination); and
Certain Lemon Juice from the Republic of South Africa: Postponement
of Final Determination and Extension of Provisional Measures, 87 FR
56631 (September 15, 2022) (South Africa Postponement Notice).
---------------------------------------------------------------------------
Continuation of Suspension of Liquidation and Cash Deposits
Except as noted in the ``Provisional Measures'' section of this
notice, in accordance with section 736 of the Act, Commerce will
instruct CBP to continue to suspend liquidation on all relevant entries
of lemon juice from Brazil and South Africa. These instructions
suspending liquidation will remain in effect until further notice.
Commerce will also instruct CBP to require cash deposits equal to
the amounts indicated below. Accordingly, effective on the date of
publication in the Federal Register of the notice of the ITC's final
affirmative injury determination, CBP will require, at the same time as
importers would normally deposit estimated duties on this subject
merchandise, a cash deposit equal to the cash deposit rates listed in
the table below. The all-others rate applies to all producers or
exporters not specifically listed, as appropriate.
Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins are as follows:
Brazil
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Citrus Juice Eireli......................................... 22.31
Louis Dreyfus Company Sucos S.A............................. \5\ 0.00
All Others.................................................. 22.31
------------------------------------------------------------------------
South Africa
---------------------------------------------------------------------------
\5\ Merchandise produced and exported by Louis Dreyfus Company
Sucos S.A. (LDC) is excluded from the Brazil order. This exclusion
does not apply to merchandise produced by LDC and exported by any
other company or merchandise produced by any other company and
exported by LDC. Resellers of merchandise produced by LDC are also
not entitled to this exclusion.
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Cape Fruit Processors Pty. Ltd.............................. 47.89
Granor Passi (Pty.) Ltd..................................... 73.69
All Others.................................................. 47.89
------------------------------------------------------------------------
Provisional Measures
Section 733(d) of the Act states that suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months, except where exporters representing a
significant proportion of exports of the subject merchandise request
that Commerce extend the four-month period to no more than six months.
At the request of exporters that account for a significant proportion
of exports of lemon juice from Brazil and South Africa, Commerce
extended the four-month period to six months in
[[Page 10089]]
these investigations.\6\ Commerce published the Preliminary
Determinations on August 4, 2022.\7\
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\6\ See Brazil Preliminary Determination; see also South Africa
Postponement Notice.
\7\ See Brazil Preliminary Determination; see also South Africa
Preliminary Determination.
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The extended provisional measures period, beginning on the date of
publication of the Preliminary Determinations, ended on January 30,
2023. Therefore, in accordance with section 733(d) of the Act and our
practice,\8\ Commerce will instruct CBP to terminate the suspension of
liquidation and to liquidate, without regard to antidumping duties,
unliquidated entries of lemon juice from Brazil and South Africa
entered, or withdrawn from warehouse, for consumption after January 30,
2023, the final day on which the provisional measures were in effect,
until and through the day preceding the date of publication of the
ITC's final affirmative injury determinations in the Federal Register.
Suspension of liquidation and the collection of cash deposits will
resume on the date of publication of the ITC's final determinations in
the Federal Register.
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\8\ See, e.g., Certain Corrosion-Resistant Steel Products from
India, the People's Republic of China, the Republic of Korea and
Taiwan: Amended Final Affirmative Antidumping Determination for
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390, 48392
(July 25, 2016).
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Establishment of the Annual Inquiry Service Lists
On September 20, 2021, Commerce published the final rule titled
``Regulations to Improve Administration and Enforcement of Antidumping
and Countervailing Duty Laws'' in the Federal Register.\9\ On September
27, 2021, Commerce also published the notice titled ``Scope Ruling
Application; Annual Inquiry Service List; and Informational Sessions''
in the Federal Register.\10\ The Final Rule and Procedural Guidance
provide that Commerce will maintain an annual inquiry service list for
each order or suspended investigation, and any interested party
submitting a scope ruling application or request for circumvention
inquiry shall serve a copy of the application or request on the persons
on the annual inquiry service list for that order, as well as any
companion order covering the same merchandise from the same country of
origin.\11\
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\9\ See Regulations to Improve Administration and Enforcement of
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20,
2021) (Final Rule).
\10\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
\11\ Id.
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In accordance with the Procedural Guidance, for orders published in
the Federal Register after November 4, 2021, Commerce will create an
annual inquiry service list segment in Commerce's online e-filing and
document management system, Antidumping and Countervailing Duty
Electronic Service System (ACCESS), available at https://access.trade.gov, within five business days of publication of the
notice of the order. Each annual inquiry service list will be saved in
ACCESS, under each case number, and under a specific segment type
called ``AISL-Annual Inquiry Service List.'' \12\
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\12\ This segment will be combined with the ACCESS Segment
Specific Information (SSI) field which will display the month in
which the notice of the order or suspended investigation was
published in the Federal Register, also known as the anniversary
month. For example, for an order under case number A-000-000 that
was published in the Federal Register in January, the relevant
segment and SSI combination will appear in ACCESS as ``AISL-January
Anniversary.'' Note that there will be only one annual inquiry
service list segment per case number, and the anniversary month will
be pre-populated in ACCESS.
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Interested parties who wish to be added to the annual inquiry
service list for an order must submit an entry of appearance to the
annual inquiry service list segment for the order in ACCESS within 30
days after the date of publication of the order. For ease of
administration, Commerce requests that law firms with more than one
attorney representing interested parties in an order designate a lead
attorney to be included on the annual inquiry service list. Commerce
will finalize the annual inquiry service list within five business days
thereafter. As mentioned in the Procedural Guidance, the new annual
inquiry service list will be in place until the following year, when
the Opportunity Notice for the anniversary month of the order is
published.
Commerce may update an annual inquiry service list at any time as
needed based on interested parties' amendments to their entries of
appearance to remove or otherwise modify their list of members and
representatives, or to update contact information. Any changes or
announcements pertaining to these procedures will be posted to the
ACCESS website at https://access.trade.gov.
Special Instructions for Petitioners and Foreign Governments
In the Final Rule, Commerce stated that, ``after an initial request
and placement on the annual inquiry service list, both petitioners and
foreign governments will automatically be placed on the annual inquiry
service list in the years that follow.'' \13\ Accordingly, as stated
above, the petitioners and foreign governments should submit their
initial entry of appearance after publication of this notice in order
to appear in the first annual inquiry service list. Pursuant to 19 CFR
351.225(n)(3), the petitioners and foreign governments will not need to
resubmit their entries of appearance each year to continue to be
included on the annual inquiry service list. However, the petitioners
and foreign governments are responsible for making amendments to their
entries of appearance during the annual update to the annual inquiry
service list in accordance with the procedures described above.
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\13\ See Final Rule, 86 FR at 52335.
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Notification to Interested Parties
This notice constitutes the antidumping duty orders with respect to
lemon juice from Brazil and South Africa pursuant to section 736(a) of
the Act. Interested parties can find a list of antidumping duty orders
currently in effect at https://www.trade.gov/data-visualization/adcvd-proceedings.
These orders are published in accordance with section 736(a) of the
Act and 19 CFR 351.211(b).
Dated: February 10, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Orders
The product covered by these orders 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,
[[Page 10090]]
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 orders. Only
the subject lemon juice component of such blended merchandise is
covered by the scope of these orders. 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 orders 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 orders is dispositive.
[FR Doc. 2023-03282 Filed 2-15-23; 8:45 am]
BILLING CODE 3510-DS-P
