Frozen Concentrated Orange Juice From Brazil: Preliminary Results and Termination in Part of Antidumping Duty Administrative Review

DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-605]

Frozen Concentrated Orange Juice From Brazil: Preliminary Results

and Termination in Part of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice of preliminary results and termination in part of

antidumping duty administrative review.

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SUMMARY: In response to a request by Branco Peres Citrus, S.A. (Branco

Peres) and CTM Citrus, S.A. (CTM) (which has since withdrawn its

request, see below), the Department of Commerce (the Department) is

conducting an administrative review of the antidumping duty order on

frozen concentrated orange juice (FCOJ) from Brazil. This review covers

Branco Peres' exports of the subject merchandise to the United States.

The period of review (POR) is May 1, 1995 through April 30, 1996. This

is the ninth period of review.

The review indicates that there is no dumping margin for the above

producer/exporter during this POR.

Interested parties are invited to comment on these preliminary

results. Parties who submit arguments in this proceeding should also

submit with the argument: (1) A statement of the issue, and (2) a brief

summary of the argument.

EFFECTIVE DATE: February 6, 1997.

FOR FURTHER INFORMATION CONTACT: Fabian Rivelis, Office of AD/CVD

Enforcement Group II, Import Administration--Room B099, International

Trade Administration, U.S. Department of Commerce, 14th Street and

Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-

3853.

SUPPLEMENTARY INFORMATION:

The Applicable Statute

Unless otherwise indicated, all citations to the statute are

references to the provisions effective January 1, 1995, the effective

date of the amendments made to the Tariff Act of 1930 (the Act) by the

Uruguay Rounds Agreements Act (URAA). In addition, unless otherwise

indicated, all citations to the Department's regulations are to the

current regulations, as amended by the interim regulations published in

the Federal Register on May 11, 1995 (60 FR 25130).

Background

On March 17, 1987, the Department published in the Federal Register

(52 FR 8324) the final affirmative antidumping duty determination on

FCOJ from Brazil. We published an antidumping duty order on May 5, 1987

(52 FR 16426).

On May 8, 1996, the Department published the Notice of Opportunity

to Request an Administrative Review of this order for the period May 1,

1995 through April 30, 1996 (61 FR 20791). We received timely requests

for review from two producers/exporters of the subject merchandise to

the United States: CTM and Branco Peres. In addition, we received a

timely request from Branco Peres that the Department revoke the

antidumping duty order with respect to Branco Peres. On June 25, 1996,

the Department initiated the review (61 FR 32771).

The Department issued the antidumping duty questionnaire on June

23, 1996, and we received Branco Peres' response to Sections A, B, and

C on August 7, 1996. Section A of the questionnaire requests general

information concerning the company's corporate structure and business

practices, the merchandise under investigation that it sells, and the

sales of that merchandise in all markets. Sections B and C of the

questionnaire request home market or third country sales listings and

U.S. sales listings, respectively. Also on August 7, 1996, CTM withdrew

its request for administrative review. Accordingly, in accordance with

19 CFR 353.22(a)(5), we are terminating this review with respect to

CTM.

The Department issued a supplemental questionnaire to Branco Peres

on September 19, 1996, and we received a response on October 10, 1996.

In December 1996, the Department conducted a verification of Branco

Peres' response for this POR. On December 16, 1996, Branco Peres

[[Page 5589]]

submitted revised sales listings based on verification findings.

The Department is conducting this review in accordance with section

751(a) of the Act.

Scope of the Review

Imports covered by this review are shipments of FCOJ from Brazil.

This merchandise is currently classifiable under Harmonized Tariff

Schedule of the United States (HTSUS) subheading 2009.11.00. Although

the HTSUS subheading is provided for convenience and Customs purposes,

our written description of the scope of this proceeding is dispositive.

The POR is May 1, 1995 through April 30, 1996.

United States Price

We based United States Price on export price (EP) in accordance

with section 772 of the Act because the subject merchandise was sold to

the first unaffiliated purchaser prior to importation into the United

States and constructed export price methodology was not otherwise

warranted. We calculated EP based on f.o.b. prices to unaffiliated

purchasers in the United States. Where appropriate, we made deductions

from the starting price for inland freight expense, pre-sale

warehousing expense, inland insurance expense, and brokerage and

handling expense, in accordance with section 772(c)(2)(A) of the Act.

Normal Value

In order to determine whether there was a sufficient volume of

sales of FCOJ in the home market to serve as a viable basis for

calculating NV, we compared the respondent's volume of home market

sales of the foreign like product to the volume of U.S. sales of the

subject merchandise, in accordance with section 773(a)(1)(C) of the

Act. Because the aggregate volume of home market sales of the foreign

like product was less than five percent of the respective aggregate

volume of U.S. sales for the subject merchandise, we determined that

the home market does not provide a viable basis for calculating NV for

Branco Peres. We selected the Netherlands as the appropriate third

country market for Branco Peres in accordance with the criteria

specified in 19 CFR 353.49(b).

We adjusted NV where appropriate to restate price and quantity on

the same concentration basis as U.S. sales. We calculated NV based on

f.o.b. prices to unaffiliated customers. We deducted, where

appropriate, foreign inland freight expense, pre-sale warehousing

expense, inland insurance, and brokerage and handling expenses, in

accordance with section 773(a)(6)(B) of the Act. We made circumstance-

of-sale adjustments for differences in commissions and credit expenses

in accordance with section 773(a)(6)(C)(iii) of the Act.

Fair Value Comparisons

To determine whether sales of FCOJ by Branco Peres to the United

States were made at less than fair value, we compared EP to NV, as

described in the ``United States Price'' and ``Normal Value'' sections

of this notice. In accordance with section 777A(d)(2) of the Act, we

calculated monthly weighted-average prices for NV and compared these to

individual U.S. transactions.

Preliminary Results of the Review

Pursuant to 19 CFR 353.25(a)(2)(i) and 19 CFR 353.25(c)(2)(iii), we

find that Branco Peres has not demonstrated that it sold subject

merchandise at not less than NV for three consecutive periods of

review. We note, in this regard, that respondent withdrew its request

for review for the previous review period, 60 FR 53163, (October 12,

1995). Therefore, we are not publishing a Notice of Intent to Revoke.

As a result of this review, we preliminarily determine that the

following weighted-average dumping margin exists for the POR:

------------------------------------------------------------------------

Margin

Manufacturer/exporter Period percentage

------------------------------------------------------------------------

Branco Peres............................. 5/1/95-4/30/96 0.00

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The Department shall determine, and the Customs Service shall

assess, antidumping duties on all appropriate entries. Individual

differences between United States price and NV may vary from the

percentage stated above. The Department will issue appraisement

instructions directly to Customs. The final results of this review

shall be the basis for the assessment of antidumping duties on entries

of merchandise covered by the determination and for future deposits of

estimated duties.

Furthermore, the following deposit requirements will be effective

upon completion of the final results of this administrative review for

all shipments of FCOJ from Brazil entered, or withdrawn from warehouse,

for consumption on or after publication date of the final results of

this administrative review, as provided by section 751(a)(1) of the

Act: (1) The cash deposit rate for Branco Peres, because its weighted

average margin was de minimis, will be zero percent; (2) for

merchandise exported by manufacturers or exporters not covered in this

review but covered in the original Less Than Fair Value (LTFV)

investigation or a previous review, the cash deposit will continue to

be the most recent rate published in the final determination or final

results for which the manufacturer or exporter received a company-

specific rate; (3) if the exporter is not a firm covered in this

review, a previous review, or the original investigation, but the

manufacturer is, the cash deposit rate will be that established for the

manufacturer of the merchandise in the final results of the most recent

review, or the LTFV investigation; and (4) if neither the exporter nor

the manufacturer is a firm covered in this or any previous review, the

cash deposit rate will be 1.96 percent, the ``all-others'' rate

established in the LTFV investigation. These deposit requirements, when

imposed, shall remain in effect until publication of the final results

of the next administrative review.

Interested parties may request disclosure within five days of the

date of publication of this notice, and may request a hearing within 10

days of publication. Any hearing, if requested, will be held as early

as convenient for the parties but not later than 44 days after the date

of publication or the first business day thereafter.

Case briefs or other written comments from interested parties may

be submitted not later than 30 days after the date of publication of

this notice. Rebuttal briefs and rebuttal comments, limited to issues

in the case briefs, may be filed not later than 37 days after the date

of publication of this notice. The Department will publish the final

results of this administrative review, including the results of its

analysis of issues raised in any such written comments, within 120 days

after the date of publication of this notice.

This notice serves as a preliminary reminder to importers of their

responsibility under 19 CFR 353.26(b) 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 administrative review and notice are published in accordance

with section 751(a)(1) of the Act and 19 CFR 353.22.

[[Page 5590]]

Dated: January 31, 1997.

Robert S. LaRussa,

Acting Assistant Secretary for Import Administration.

[FR Doc. 97-3004 Filed 2-5-97; 8:45 am]

BILLING CODE 3510-DS-P