Federal Register / Vol. 74, No. 153 / Tuesday, August 11, 2009 / Notices 40167 

protective orders (‘‘APO’’) of their 

responsibility concerning the return or 

destruction of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305, which continues 

to govern business proprietary 

information in this segment of the 

proceeding. Timely written notification 

of the return/destruction of APO 

materials or conversion to judicial 

protective order is hereby requested. 

Failure to comply with the regulations 

and terms of an APO is a violation 

which is subject to sanction. 

This notice is in accordance with 

sections 751(a)(1) and 777(i)(1) of the 

Tariff Act of 1930, as amended, and 19 

CFR 351.213(d)(4). 

Dated: August 4, 2009. 

John M. Andersen, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. E9–19224 Filed 8–10–09; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–351–840] 

Certain Orange Juice from Brazil: Final 

Results of Antidumping Duty 

Administrative Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On April 6, 2009, the 

Department of Commerce published its 

preliminary results of the administrative 

review of the antidumping duty order 

on certain orange juice from Brazil. The 

period of review (POR) is March 1, 

2007, through February 29, 2008. 

Based on our analysis of the 

comments received, we have made 

certain changes in the margin 

calculations. Therefore, the final results 

differ from the preliminary results. The 

final weighted–average dumping 

margins for the reviewed firms are listed 

below in the section entitled ‘‘Final 

Results of Review.’’ 

EFFECTIVE DATE: August 11, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Eastwood or Miriam Eqab, 

AD/CVD Operations, Office 2, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW, Washington, DC 20230; 

telephone: (202) 482–3874 or (202) 482– 

3693, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On April 6, 2009, the Department 

published in the Federal Register the 

preliminary results of administrative 

review of the antidumping duty order 

on certain orange juice from Brazil. See 

Certain Orange Juice from Brazil: 

Preliminary Results of Antidumping 

Duty Administrative Review, 74 FR 

15438 (Apr. 6, 2009) (Preliminary 

Results). 

We invited parties to comment on our 

preliminary results of review. In May 

2009, we received case briefs from the 

petitioners (i.e., Florida Citrus Mutual, 

A. Duda & Sons, Citrus World Inc., and 

Southern Gardens Citrus Processing 

Corporation) and the respondents (i.e., 

Fischer S.A. Comercio, Industria, and 

Agricultura (Fischer) and Sucocitrico 

Cutrale, S.A. (Cutrale)). Also in May 

2009, we received rebuttal briefs from 

the petitioners and the respondents. 

The Department has conducted this 

administrative review in accordance 

with section 751 of the Tariff Act of 

1930, as amended (the Act). 

Scope of the Order 

The scope of this order 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 

manufacture (FCOJM); and (2) 

pasteurized single–strength orange juice 

which has not been concentrated, 

referred to as not–from-concentrate 

(NFC). At the time of the filing of the 

petition, there was an existing 

antidumping duty order on frozen 

concentrated orange juice (FCOJ) from 

Brazil. See Antidumping Duty Order; 

Frozen Concentrated Orange Juice from 

Brazil, 52 FR 16426 (May 5, 1987). 

Therefore, the scope of this order with 

regard to FCOJM covers only FCOJM 

produced and/or exported by those 

companies which were excluded or 

revoked from the pre–existing 

antidumping order on FCOJ from Brazil 

as of December 27, 2004. Those 

companies are Cargill Citrus Limitada, 

Coinbra–Frutesp (SA), Cutrale, Fischer, 

and Montecitrus Trading S.A. 

Excluded from the scope of the order 

are reconstituted orange juice and 

frozen concentrated orange juice for 

retail (FCOJR). Reconstituted orange 

juice is produced through further 

manufacture of FCOJM, by adding 

water, oils and essences to the orange 

juice concentrate. FCOJR is 

concentrated orange juice, typically at 

42 Brix, in a frozen state, packed in 

retail–sized containers ready for sale to 

consumers. FCOJR, a finished consumer 

product, is produced through further 

manufacture of FCOJM, a bulk 

manufacturer’s product. 

The subject merchandise is currently 

classifiable under subheadings 

2009.11.00, 2009.12.25, 2009.12.45, and 

2009.19.00 of the Harmonized Tariff 

Schedule of the United States (HTSUS). 

These HTSUS subheadings are provided 

for convenience and for customs 

purposes only and are not dispositive. 

Rather, the written description of the 

scope of the order is dispositive. 

Period of Review 

The POR is March 1, 2007, through 

February 29, 2008. 

Cost of Production 

As discussed in the preliminary 

results, we conducted an investigation 

to determine whether Cutrale and 

Fischer made home market sales of the 

foreign like product during the POR at 

prices below their costs of production 

(COP) within the meaning of section 

773(b) of the Act. See Preliminary 

Results, 74 FR at 15442. For these final 

results, we performed the cost test 

following the same methodology as in 

the Preliminary Results, except as 

discussed in the Issues and Decision 

Memorandum (the Decision Memo). 

We found 20 percent or more of each 

respondent’s sales of a given product 

during the reporting period were at 

prices less than the weighted–average 

COP for this period. Thus, we 

determined that these below–cost sales 

were made in ‘‘substantial quantities’’ 

within an extended period of time and 

at prices which did not permit the 

recovery of all costs within a reasonable 

period of time in the normal course of 

trade. See sections 773(b)(1) and (2) of 

the Act. 

Therefore, for purposes of these final 

results, we found that Cutrale and 

Fischer made below–cost sales not in 

the ordinary course of trade. 

Consequently, we disregarded these 

sales for each respondent and used the 

remaining sales as the basis for 

determining normal value pursuant to 

section 773(b)(1) of the Act. 

Analysis of Comments Received 

All issues raised in the case and 

rebuttal briefs by parties to this 

administrative review, and to which we 

have responded, are listed in the 

Appendix to this notice and addressed 

in the Decision Memo, which is adopted 

by this notice. Parties can find a 

complete discussion of all issues raised 

in this review and the corresponding 

recommendations in this public 

memorandum, which is on file in the 


sroberts on DSKD5P82C1PROD with NOTICES
40168 Federal Register / Vol. 74, No. 153 / Tuesday, August 11, 2009 / Notices 

Central Records Unit, room 1117, of the 

main Department Building. 

In addition, a complete version of the 

Decision Memo can be accessed directly 

on the Web at http://ia.ita.doc.gov/frn/. 

The paper copy and electronic version 

of the Decision Memo are identical in 

content. 

Changes Since the Preliminary Results 

Based on our analysis of the 

comments received, we have made 

certain changes to the margin 

calculations. These changes are 

discussed in the relevant sections of the 

Decision Memo. 

Final Results of Review 

We determine that the following 

weighted–average margin percentages 

exist for the period March 1, 2007, 

through February 29, 2008: 

Manufacturer/Exporter Percent Margin 

Fischer S.A. Comercio, 

Industria, and 

Agricultura ................. 0.00 

Sucocitrico Cutrale, S.A. 2.17 

Assessment 

The Department shall determine, and 

CBP shall assess, antidumping duties on 

all appropriate entries. 

We have calculated importer–specific 

ad valorem duty assessment rates based 

on the ratio of the total amount of 

antidumping duties calculated for the 

examined sales to the total entered 

value of the sales. We will instruct CBP 

to assess antidumping duties on all 

appropriate entries covered by this 

review if any importer–specific 

assessment rate calculated in the final 

results of this review is above de 

minimis (i.e., less than 0.50 percent). 

The Department intends to issue 

assessment instructions to CBP 15 days 

after the date of publication of these 

final results of review. 

The Department clarified its 

‘‘automatic assessment’’ regulation on 

May 6, 2003. See Antidumping and 

Countervailing Duty Proceedings: 

Assessment of Antidumping Duties, 68 

FR 23954 (May 6, 2003). This 

clarification will apply to entries of 

subject merchandise during the POR 

produced by companies included in 

these final results of review for which 

the reviewed companies did not know 

their merchandise was destined for the 

United States. In such instances, we will 

instruct CBP to liquidate unreviewed 

entries at the all–others rate established 

in the less–than-fair–value (LTFV) 

investigation if there is no rate for the 

intermediate company(ies) involved in 

the transaction. 

Cash Deposit Requirements 

Further, the following deposit 

requirements will be effective for all 

shipments of certain orange juice from 

Brazil entered, or withdrawn from 

warehouse, for consumption on or after 

the publication date of the final results 

of this administrative review, as 

provided for by section 751(a)(2)(C) of 

the Act: 1) the cash deposit rates for the 

reviewed companies will be the rates 

shown above, except if the rate is less 

than 0.50 percent, de minimis within 

the meaning of 19 CFR 351.106(c)(1), 

the cash deposit will be zero; 2) for 

previously 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, or the LTFV 

investigation, but the manufacturer is, 

the cash deposit rate will be the rate 

established for the most recent period 

for the manufacturer of the 

merchandise; and 4) the cash deposit 

rate for all other manufacturers or 

exporters will continue to be 16.51 

percent, the all–others rate established 

in the LTFV investigation. See 

Antidumping Duty Order: Certain 

Orange Juice from Brazil, 72 FR 12183 

(Mar. 9, 2006). These deposit 

requirements shall remain in effect until 

further notice. 

Notification to Importers 

This notice serves as a final reminder 

to importers of their responsibility, 

under 19 CFR 351.402(f)(2), 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. 

Notification to Interested Parties 

This notice serves as the only 

reminder to parties subject to 

administrative protective order (APO) of 

their responsibility concerning the 

disposition of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3). Timely 

written notification of return/ 

destruction of APO materials or 

conversion to judicial protective order is 

hereby requested. Failure to comply 

with the regulations and the terms of an 

APO is a sanctionable violation. 

We are issuing and publishing these 

results of review in accordance with 

sections 751(a)(1) and 777(i)(1) of the 

Act and section 351.221(b)(5) of the 

Department’s regulations. 

Dated: August 4, 2009. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration. 

Appendix - Issues in Decision 

Memorandum 

1. Offsetting of Negative Margins 

2. Constructed Export Price Offset for 

Cutrale 

3. Capping of Certain Revenues 

Received by Cutrale by the Amount of 

Reported Expenses 

4. Calculation of the Indirect Selling 

Expense Ratios for Cutrale’s U.S. 

Affilates, Citrus Products Inc. and 

Cutrale Citrus Juices 

5. Ministerial Errors for Cutrale 

6. Calculation of the Denominator used 

in the General and Administrative 

(G&A) and Financial Expense Ratios for 

Cutrale 

7. Classification of Amortized Goodwill 

for Cutrale 

8. Including Adiantamentos Sobre 

Contraltos de Cambio Financing Costs 

in Cutrale’s Financial Expense Ratio 

9. Conversion of U.S. Sales of NFC for 

Fischer from Gallons to Pounds Solids 

10. Calculation of International Freight 

Expenses for Fischer 

11. Window Period Sales for Fischer 

12. Calculation of Fischer’s U.S. Dollar 

Borrowing Rate 

13. Raw Material Cost–Allocation 

Methodology for Fischer 

14. Capitalized Costs Related to the 

Videira Plant for Fischer 

15. Omission of Certain Costs in 

Calculating Fischer’s Cost of 

Manufacture 

16. Calculation of the G&A Expense 

Ratio for Fischer 

17. Calculation of the Financial Expense 

Ratio for Fischer 

[FR Doc. E9–19223 Filed 8–10–09; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XQ77 

Caribbean Fishery Management 

Council; Public Meetings 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of public meetings. 

SUMMARY: The Caribbean Fishery 

Management Council (Council) and its 

Administrative Committee will hold 

meetings. 


sroberts on DSKD5P82C1PROD with NOTICES