[Federal Register Volume 65, Number 197 (Wednesday, October 11, 2000)]
[Notices]
[Pages 60406-60407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-26074]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-605]


Frozen Concentrated Orange Juice From Brazil; Final Results of 
Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of final results of antidumping duty administrative 
review.

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SUMMARY: On June 6, 2000, the Department of Commerce published the 
preliminary results of administrative review of the antidumping duty 
order on frozen concentrated orange juice from Brazil. The merchandise 
covered by this order is frozen concentrated orange juice from Brazil. 
This review covers the U.S. sales of three manufacturers/exporters, 
Citrovita Agro Industrial Ltda., Cambuhy MC Industrial Ltda., and 
Cambuhy Citrus Comercial e Exportadora. We have collapsed these 
entities for purposes of this proceeding and have calculated a single 
margin for them. The period of review is May 1, 1998, through April 30, 
1999.
    Based on our analysis of the comments received, we have made 
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: October 11, 2000.

FOR FURTHER INFORMATION CONTACT: Irina Itkin or Shawn Thompson, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, Washington, D.C. 20230; telephone: (202) 482-0656 or (202) 
482-1776, respectively.

SUPPLEMENTARY INFORMATION:

The Applicable Statute

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (the Act), are references to the provisions effective 
January 1, 1995, the effective date of the amendments made to the Act 
by the Uruguay Round Agreements Act (URAA). In addition, unless 
otherwise indicated, all citations to the Department of Commerce's (the 
Department's) regulations are to 19 CFR Part 351 (1999).

Background

    This review covers three manufacturers/exporters, Citrovita Agro 
Industrial Ltda. (Citrovita), Cambuhy MC Industrial Ltda. (Cambuhy), 
and Cambuhy Citru Comercial e Exportadora (Cambuhy Exportadora). 
Because these companies met the requirements of 19 CFR 351.401(f), we 
have collapsed these entities for purposes of this proceeding and have 
calculated a single margin for them. For further discussion, see the 
``Affiliated Producers'' section of this notice, below.
    On June 6, 2000, the Department published in the Federal Register 
the preliminary results of administrative review of the antidumping 
duty order on frozen concentrated orange juice (FCOJ) from Brazil. See 
Frozen Concentrated Orange Juice from Brazil; Preliminary Results of 
Antidumping Duty Administrative Review, 65 FR 35892 (June 6, 2000).
    We invited parties to comment on our preliminary results of review. 
At the request of Citrovita, we held a public hearing on August 9, 
2000. The Department has conducted this administrative review in 
accordance with section 751 of the Act.

Scope of Review

    The merchandise covered by this review is frozen concentrated 
orange juice from Brazil. The merchandise is currently classifiable 
under item 2009.11.00 of the Harmonized Tariff Schedule of the United 
States (HTSUS). The HTSUS item number is provided for convenience and 
for U.S. Customs purposes. The Department's written description remains 
dispositive.

Period of Review

    The period of review (POR) is May 1, 1998, through April 30, 1999.

Affiliated Producers

    During the POR, a sister company to Citrovita's parent company 
purchased another Brazilian producer of FCOJ and that producer's 
affiliated trading company (i.e., Cambuhy and Cambuhy Exportadora, 
respectively). We determine that it is appropriate to treat Citrovita 
and these affiliated parties as a single entity. In accordance with 19 
CFR 351.401(f), we have collapsed Citrovita, Cambuhy, and Cambuhy 
Exportadora for purposes of the final results. However, because there 
is no

[[Page 60407]]

evidence that these companies were affiliated prior to September 1998, 
we have used only the sales and cost data reported for Cambuhy and 
Cambuhy Exportadora from September 1998 through the end of the POR for 
purposes of calculating normal value. For further discussion, see 
Comment 1 in the ``Issues and Decision Memorandum'' (Decision Memo) 
from Richard W. Moreland, Deputy Assistant Secretary, Import 
Administration, to Troy H. Cribb, Acting Assistant Secretary for Import 
Administration, dated October 4, 2000.

Analysis of Comments Received

    All issues raised in the case briefs by parties to this 
administrative review are addressed in the Decision Memo which is 
hereby adopted by this notice. A list of the issues which parties have 
raised and to which we have responded, all of which are in the Decision 
Memo, is attached to this notice as an Appendix. 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 Central Records Unit, room B-099, 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. The paper copy 
and electronic version of the Decision Memo are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made certain 
changes in the margin calculations. These changes are discussed in the 
relevant sections of the Decision Memo.

Final Results of Review

    We determine that the following percentage weighted-average margin 
percentage exists for the period May 1, 1998, through April 30, 1999:

------------------------------------------------------------------------
                                                               Percent
                   Manufacturer/exporter                        margin
------------------------------------------------------------------------
Citrovita Agro Industrial Ltda/............................
Cambuhy MC Industrial Ltda/................................
Cambuhy Citrus Comercial e Exportadora.....................        25.87
------------------------------------------------------------------------

    The Department shall determine, and Customs shall assess, 
antidumping duties on all appropriate entries. In accordance with 19 
CFR 351.212(b), we have calculated importer-specific assessment rates. 
We divided the total dumping margins for the reviewed sales by their 
total entered value for each importer. We will direct Customs to assess 
the resulting percentage margins against the entered Customs values for 
the subject merchandise on each of that importer's entries under the 
relevant order during the review period.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of administrative review 
for all shipments of FCOJ from Brazil entered, or withdrawn from 
warehouse, for consumption on or after the date of publication, as 
provided by section 751(a)(1) of the Act: (1) The cash deposit rates 
for the reviewed firm will be the rate shown above; (2) for previously 
reviewed or 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, a prior review, or the original less-than-fair-value (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 1.96 percent. This rate 
is the ``All Others'' rate from the LTFV investigation.
    These deposit requirements shall remain in effect until publication 
of the final results of the next administrative review.
    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) 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 doubled antidumping duties.
    This notice also serves as the only reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305 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.
    We are issuing and publishing this determination and notice in 
accordance with sections section 751(a)(1) and 777(i) of the Act.

    Dated: October 4, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.

Appendix--Issues in Decision Memo

Comments

1. Collapsing of Affiliated Parties
2. Calculation of Financing Expenses
3. Treatment of Citrovita's Foreign Exchange Losses
4. Treatment of Cambuhy's Foreign Exchange Losses
5. Calculation of the Cost of Oranges Produced by an Affiliated 
Party
6. Calculation of Selling, General, and Administrative Expenses and 
Financing Expenses for the Collapsed Entity

[FR Doc. 00-26074 Filed 10-10-00; 8:45 am]
BILLING CODE 3510-DS-P