[Federal Register Volume 62, Number 25 (Thursday, February 6, 1997)]
[Notices]
[Pages 5588-5590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3004]


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Peres) and CTM Citrus, S.A. (CTM) (which has since withdrawn its 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

    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