Continuation of Antidumping Duty Order: Frozen Concentrated Orange Juice From Brazil.

DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-605]

Continuation of Antidumping Duty Order: Frozen Concentrated

Orange Juice From Brazil.

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice of continuation of antidumping duty order: frozen

concentrated orange juice from Brazil.

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SUMMARY: On April 7, 1999, the Department of Commerce (``the

Department''), pursuant to sections 751(c) and 752 of the Tariff Act

from 1930, as amended (``the Act''), determined that revocation of the

antidumping duty order on frozen concentrated orange juice from Brazil

would be likely to lead to continuation or recurrence of dumping (64 FR

16901 (April 7, 1999)). On May 21, 1999, the International Trade

Commission (``the Commission''), pursuant to section 751(c) of the Act,

determined that revocation of the antidumping duty order on frozen

concentrated orange juice from Brazil would be likely to lead to

continuation or recurrence of material injury to an industry in the

United States within a reasonably foreseeable time (64 FR 27806 (May

21, 1999)). Therefore, pursuant to 19 CFR 351.218(f)(4), the Department

is publishing notice of the continuation of the antidumping duty order

on frozen concentrated orange juice from Brazil.

FOR FURTHER INFORMATION CONTACt: Scott E. Smith or Melissa G. Skinner,

Office of Policy for Import Administration, International Trade

[[Page 42661]]

Administration, U.S. Department of Commerce, 14th and Constitution

Ave., NW, Washington, D.C. 20230; telephone: (202) 482-6397 or (202)

482-1560, respectively.

Effective Date: May 28, 1999.

Background

On December 2, 1998, the Department initiated, and the Commission

instituted, a sunset review (63 FR 66527 and 63 FR 66527, respectively)

of the antidumping duty order on frozen concentrated orange juice from

Brazil pursuant to section 751(c) of the Act. As a result of this

review, the Department found that revocation of the antidumping duty

order would likely lead to continuation or recurrence of dumping and

notified the Commission of the magnitude of the margin likely to

prevail were the order to be revoked (see Final Results of Expedited

Sunset Review: Frozen Concentrated Orange Juice from Brazil, 64 FR

16901 (April 7, 1999)).

On May 21, 1999, the Commission determined, pursuant to section

751(c) of the Act, that revocation of the antidumping duty order on

frozen concentrated orange juice from Brazil would be likely to lead to

continuation or recurrence of material injury to an industry in the

United States within a reasonably foreseeable time (see Frozen

Concentrated Orange Juice from Brazil, 64 FR 27806 (May 21, 1999) and

USITC Pub. 3195, Inv. No. 731-TA-326 (Review) (May 1999)).

Scope

The merchandise covered by this antidumping duty orders is frozen

concentrated orange juice from Brazil. The merchandise is currently

classifiable under subheading 2009.11.00 of the Harmonized Tarriff

Schedule (HTS). The HTS subheading is provided for convenience and

customs purposes. The written description remains dispositive.

Determination

As a result of the determinations by the Department and the

Commission that revocation of this antidumping duty order would be

likely to lead to continuation or recurrence of dumping and material

injury to an industry in the United States, pursuant to section

751(d)(2) of the Act, the Department hereby orders the continuation of

the antidumping duty order on frozen concentrated orange juice from

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

continue to collect antidumping duty deposits at the rate in effect at

the time of entry for all imports of subject merchandise. Pursuant to

section 751(c)(6)(A)(iii) of the Act, any subsequent five-year review

of this order will be initiated not later than the fifth anniversary of

the effective date of continuation of this order.

Normally, the effective date of continuation of a finding, order,

or suspension agreement will be the date of publication in the Federal

Register of the Notice of Continuation. As provided in 19 CFR

351.218(f)(4), the Department normally will issue its determination to

continue a finding, order, or suspended investigation not later than

seven days after the date of publication in the Federal Register of the

Commission's determination concluding the sunset review and immediately

thereafter will publish its notice of continuation in the Federal

Register. In the instant case, however, the Department's publication of

the Notice of Continuation was delayed. The Department has explicitly

indicated that the effective date of continuation of this order is May

28, 1999, seven days after the date of publication in the Federal

Register of the Commission's determination. As a result, pursuant to

sections 751(c)(2) and 751(c)(6)(A) of the Act, the Department intends

to initiate the next five-year review of this order not later than

April 2004.

Dated: July 30, 1999.

Joseph A. Spetrini,

Acting Assistant Secretary for Import Administration.

[FR Doc. 99-20213 Filed 8-4-99; 8:45 am]

BILLING CODE 3510-DS-P