Frozen Concentrated Orange Juice From Brazil; Final Results of Antidumping Duty Administrative Review and Revocation of Order in Part

DEPARTMENT OF COMMERCE

[A-351-605]

Frozen Concentrated Orange Juice From Brazil; Final Results of

Antidumping Duty Administrative Review and Revocation of Order in Part

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice of final results of antidumping duty administrative

review and revocation in part.

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SUMMARY: On February 3, 1994, the Department of Commerce (the

Department) published the preliminary results of its administrative

review of the antidumping duty order on frozen concentrated orange

juice (FCOJ) from Brazil, and its intent to revoke the order in part

(59 FR 5174). We have now completed this review and determined the

margins for Branco Peres, Citropectina, and Frutropic to be zero or de

minimis during the period May 1, 1991 through April 30, 1992. We have

also determined that Frutropic has met the requirements for revocation.

EFFECTIVE DATE: October 21, 1994.

FOR FURTHER INFORMATION CONTACT:

Stephen Lebowitz or Kelly Parkhill, Office of Countervailing

Compliance, Import Administration, International Trade Administration,

U.S. Department of Commerce, 14th Street and Constitution Avenue NW.,

Washington, DC 20230; telephone: (202) 482-2786.

SUPPLEMENTARY INFORMATION:

Background

On May 5, 1987, the Department published in the Federal Register an

antidumping duty order on FCOJ from Brazil (52 FR 16424). On May 31,

1992, pursuant to the Department's notice of ``Opportunity to Request

Administrative Review'' (57 FR 19412) of the order for the period May

1, 1991 through April 30, 1992, Branco Peres, Citropectina, and

Frutropic requested an administrative review. Accordingly, the

Department initiated this administrative review on June 18, 1992 (57 FR

27212).

On May 29, 1992, Frutropic submitted a timely request for

revocation of the antidumping duty order, accompanied by the

certification required by 19 CFR 353.25(b)(1). Frutropic did not submit

an agreement to immediate reinstatement of the order under 19 CFR

353.25(a)(2)(iii). Frutropic claimed that it was not required to do so

because Frutropic was not originally investigated and had never been

found to have sold at less than foreign market value (FMV) in any

administrative review.

On February 3, 1994, the Department published the preliminary

results of its administrative review and its intent to revoke the order

in part (59 FR 51174). We gave interested parties an opportunity to

comment on the preliminary results. No comments were received.

In the preliminary results of this review, we erroneously stated

that FMV periods of less than one month were used because distortions

could result from the application of a monthly FMV due to

hyperinflation. In fact, shorter periods were used to avoid distortions

which would have been created through the use of a monthly FMV due to

significant price fluctuations unrelated to hyperinflation. The

Department has now completed this administrative review in accordance

with section 751 of the Tariff Act of 1930, as amended (the Act).

Scope of Review

Imports covered by the administrative review are shipments of FCOJ

from Brazil. The merchandise is currently classifiable under item

2009.11.00 of the Harmonized Tariff Schedule (HTS). The HTS item number

is provided for convenience and Customs purposes. The written

description remains dispositive.

Final Results of the Review

The final results of our review are identical to those in the

preliminary results of review:

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Margin

Manufacturer/Exporter Time period (percent)

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Branco Peres............................... 5/1/91-4/30/92 0.03

Citropectina............................... 5/1/91-4/30/92 0

Frutropic.................................. 5/1/91-4/30/92 0

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The Department hereby revokes the antidumping duty order with

respect to Frutropic, as it has demonstrated three consecutive years of

sales at not less than FMV, and it is not likely that Frutropic will

sell subject merchandise at less than FMV in the future. As required by

19 CFR 353.25(c)(2)(ii), the Department has conducted a verification of

all factual information submitted by Frutropic in this administrative

review.

We have also examined Frutropic's claim that it is not required to

file an agreement under 19 CFR 353.25(a)(2)(iii). Section

353.35(a)(2)(iii) states that:

For producers or resellers that the Secretary previously has

determined to have sold the merchandise at less than foreign market

value, the producers or resellers agree in writing to their

immediate reinstatement in the order, as long as any producer or

reseller is subject to the order, if the Secretary concludes under

section 353.22(f) that the producer or reseller, subsequent to the

revocation, sold the merchandise at less than foreign market value.

As Frutropic was not originally investigated and has not been found to

have sold at less than FMV in the first administrative review or in any

of the other years in which the company was reviewed, we determine that

Frutropic has not sold the merchandise at less than FMV for purposes of

19 CFR 353.25(a)(2)(iii), and is not required to submit an agreement to

immediate reinstatement in the order. The Department is, therefore,

revoking the order with respect to Frutropic.

However, if the Department concludes from available information

that changed circumstances sufficient to warrant a review exist with

respect to exports of FCOJ from Frutropic, the Department will initiate

a changed circumstances antidumping administrative review under 19 CFR

353.22(f). Further, if as a result of this changed circumstances

review, the Department concludes that, subsequent to revocation,

Frutropic sold the subject merchandise at less-than-fair-value (LTFV),

the Department will reinstate the order with respect to Frutropic.

The Department will instruct the U.S. Customs Service to assess

antidumping duties on all appropriate entries. With respect to

Frutropic's entries, the Department will instruct Customs to terminate

suspension of liquidation, to liquidate all entries without regard to

antidumping duties and to cease collecting cash deposits. Since the

margins for Branco Peres and Citropectina are de minimis and zero,

respectively, the Department shall not require a cash deposit of

antidumping duties on entries of FCOJ from these companies.

Furthermore, the following deposit requirements will be effective

upon publication of this notice of final results of administrative

review for all shipments of the subject merchandise, entered or

withdrawn from warehouse, for consumption on or after the publication

date, as provided for by section 751(a)(1) of the Act: (1) the cash

deposit rate for the reviewed companies will be as outlined above; (2)

for previously reviewed or investigated companies not listed above, the

cash deposit rate will continue to be the company-specific rate

published for the most recent period; (3) if the exporter is not a firm

covered in this review, a prior review, or the original LTFV

investigation, but the manufacturer is, the cash deposit rate will be

the rate established for the most recent period for the manufacture of

the merchandise; (4) the cash deposit rate for all other manufacturers

or exporters will be 1.96 percent, the ``all other'' rate established

in the original LTFV investigation by the Department (52 FR 9324, March

17, 1989), in accordance with the decisions of the Court of

International Trade in Floral Trade Council v. United States, Slip Op.

993-79, and Federal-Mogul Corporation v. United States, Slip Op. 93-83.

This notice serves as a final reminder to importers of their

responsibility under 19 CFR 353.26 to file a certificate regarding the

reimbursement of antidumping duties prior to liquidation of the

relevant entries during this review period. Failure to comply with this

requirement could result in the Secretary's presumption that

reimbursement of antidumping duties occurred and the subsequent

assessment of double antidumping duties.

This notice serves as the only reminder to parties subject to

administrative protective order (APO) of their responsibilities

concerning the return or destruction of proprietary information

disclosed under APO in accordance with 19 CFR 353.34(d). Failure to

comply is a violation of the APO. This administrative review and notice

are in accordance with sections 751(a)(1)(B) of the Act (19 U.S.C.

1675(a)(1)(B)) and 19 CFR 353.22 and 353.25.

Dated: October 11, 1994.

Susan G. Esserman,

Assistant Secretary for Import Administration.

[FR Doc. 94-26204 Filed 10-20-94; 8:45 am]

BILLING CODE 3510-DS-M