AD: Brazil Certain Orange Juice
The International Trade Administration (ITA) has made a final affirmative antidumping (AD) duty determination that certain orange juice from Brazil is being, or is likely to be, sold in the U.S. at less than fair value.
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Highlights of scope of investigation. The scope of this investigation includes certain orange juice for transport and/or further manufacturing produced in two different forms: (1) frozen orange juice in a highly concentrated form, sometimes referred to as frozen concentrated orange juice for further manufacturing (FCOJM); and (2) pasteurized single-strength orange juice which has not been concentrated, referred to as Not-From-Concentrate (NFC).
As there was an existing AD duty order on frozen orange juice (FCOJ) at the time of the petition, the ITA states that the scope with regard to FCOJM covers only FCOJM produced and/or exported by those companies who were excluded or revoked from the pre-existing AD duty order (now revoked) on FCOJ from Brazil as of December 27, 2004. Those companies are Cargill, Cutrale, Fischer, Montecitrus, and now Coinbra-Frutesp (due to a successor-in-interest finding, see below).
(See ITA notice for complete scope of investigation, including exclusions, etc.)
Final affirmative critical circumstances finding for two firms and "all others." The ITA states that because of a final affirmative critical circumstances finding for subject merchandise from Brazil produced and/or exported by Cutrale, Montecitrus, and companies subject to the "All Others" rate, it is directing U.S. Customs and Border Protection (CBP) to continue to retroactively suspend liquidation, and to continue to extend AD duty liability as a result, to imports of subject merchandise from Brazil produced and/or exported by these companies, with a time of entry on or after May 26, 2005.
Final negative critical circumstances finding for one firm. The ITA states that because it now finds that critical circumstances do not exist with regard to imports of subject merchandise from Brazil produced and/or exported by Fischer, it will instruct CBP to terminate the retroactive suspension of liquidation for subject merchandise produced and/or exported by Fisher with a time of entry on or after May 26, 2005 through August 23, 2005.
Post bond or cash deposit at revised rates. The ITA is also instructing CBP to continue to suspend liquidation, and to require a cash deposit or the posting of a bond at the revised AD rates (equal to the weighted average margin) listed below, for entries with a time of entry on or after January 13, 2006.
| Liquidation Suspended | Post Bond/Cash Deposit |
|---|---|
| Company | AD Rate |
| Sucocitrico Cutrale, S.A. (Cutrale) | 19.19% (from 24.62%) |
| Fischer S/A - Agroindustria (Fischer) | 9.73% (from 31.04%) |
| Montecitrus Trading S.A. (Montecitrus) | 60.29% (unchanged) |
| All others for NFC (continues to include Coinbra-Frutesp) | 15.42% (from 27.16%) |
| All others for FCOJM (only Cargill Citrus Limitada currently; Coinbra-Frutesp likely to be added in future4) | 15.42% (from 27.16%) |
ITA states that in both the initiation and the preliminary determination, it inadvertently referenced the producing company as Montecitrus Industria e Comercio Limitada, rather than as Montecitrus Trading S.A.
According to the ITA, the "All-Others" rate for NFC continues to apply to all companies not named in the table above, including Coinbra-Frutesp S.A. (Coinbra-Frutesp).
3ITA states that the "All Others" rate only applies to FCOJM produced and/or exported by Cargill Citrus Limitada.
4ITA has determined that Coinbra-Frutesp is the successor-in-interest to Fruitopic S.A. (Fruitopic); as a result, Coinbra-Frutesp's production/exports of FCOJM are now subject to this AD investigation. The ITA states that it is notifying the International Trade Commission (ITC) that Coinbra-Frutesp's production/exports of FCOJM are part of the class or kind of merchandise under investigation. Consequently, the ITA anticipates that the ITC will include these exports in its final injury determination. If the ITC's final injury determination is affirmative, the ITA states it will instruct U.S. Customs and Border Protection (CBP) to begin suspending liquidation of any entries of FCOJM produced and/or exported by Coinbra-Fruitesp after the date of publication of that determination.
(See ITA notice for additional information, including the scope of the investigation, which has been amended with respect to Coinbra-Frutesp. See ITT's Online Archives or 02/14/05 news and 08/25/05 news, 05021440 and 05082525, for BP summaries of the initiation and preliminary determination for this AD duty investigation, respectively.)
ITA Contact - Elizabeth Eastwood (202) 482-3874
ITA Notice (FR Pub 01/13/06) available athttp://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/E6-333.pdf