# Frozen Concentrated Orange Juice From Brazil: Preliminary Results and Termination in Part of Antidumping Duty Administrative Review > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A97-3004 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** February 6, 1997 - **Citation:** 62 FR 5588 ## Text 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. ----------------------------------------------------------------------- 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In response to a request by Branco Peres Citrus, S.A. (Branco Peres) and CTM Citrus, S.A. (CTM) (which has since withdrawn its request, see below), the Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on frozen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 ------------------------------------------------------------------------ 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 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A97-3004. Public record. Not legal advice.