[Federal Register Volume 63, Number 80 (Monday, April 27, 1998)]
[Notices]
[Pages 20569-20570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11032]


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DEPARTMENT OF AGRICULTURE

Foreign Agricultural Service


Special Provision for Frozen Concentrated Orange Juice Under the 
North American Free Trade Agreement Implementation Act

ACTION: Notice of Determination of Existence of Price Conditions 
Necessary for Imposition of Temporary Duty on Frozen Concentrated 
Orange Juice from Mexico.

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SUMMARY: Pursuant to Section 309(a) of the North American Free Trade 
Agreement Implementation Act of 1993 (``NAFTA Implementation Act''), 
this is a notification that for 5 consecutive business days the daily 
price for frozen concentrated orange juice was lower than the trigger 
price.

FOR FURTHER INFORMATION CONTACT:
Joseph Somers, Horticultural and Tropical Products Division, Foreign 
Agricultural Service, U.S. Department of Agriculture Washington, DC 
20250-1000 or telephone at (202) 720-2974.

SUPPLEMENTARY INFORMATION: The NAFTA Implementation Act authorizes the 
imposition of a temporary duty (snapback) for Mexican frozen 
concentrated orange juice when certain conditions exist. Mexican 
articles falling under subheading 2009.11.00 of the Harmonized Tariff 
Schedule of the United States (HTS) are subject to the snapback duty 
provision.

    Under Section 309(a) of the NAFTA Implementation Act, certain price 
conditions must exist before the United States can apply a snapback 
duty on imports of Mexican frozen concentrated orange juice. In 
addition, such imports must exceed specified amounts before

[[Page 20570]]

the snapback duty can be applied. The price conditions exist when for 
each period of 5 consecutive business days the daily price for frozen 
concentrated orange juice is less than the trigger price.
    For the purpose of this provision, the term ``daily price'' means 
the daily closing price of the New York Cotton Exchange, or any 
successor as determined by the Secretary of Agriculture (the 
``Exchange''), for the closest month in which contracts for frozen 
concentrated orange juice are being traded on the Exchange. The term 
``business day'' means a day in which contracts for frozen concentrated 
orange juice are being traded on the Exchange.
    The term trigger price means the average daily closing price of the 
Exchange for the corresponding month during the previous 5-year period, 
excluding the year with the highest average price for the corresponding 
month and the year with the lowest price for the corresponding month.
    Price conditions no longer exist when the Secretary determines that 
for a period of 5 consecutive business days the daily price for frozen 
concentrated orange juice has exceeded the trigger price
    Whenever the price conditions are determined to exist or to cease 
to exist the Secretary is required to immediately notify the 
Commissioner of Customs of such determination. Whenever the 
determination is that the price conditions exist and the quantity of 
Mexican articles of frozen concentrated orange juice entered exceeds 
(1) 264,978,000 liters (single strength equivalent) in any of calendar 
years 1994 through 2002, or (2) 340,560,000 liters (single strength 
equivalent) in any of calendar years 2003 through 2007, the rate of 
duty on Mexican articles of frozen concentrated orange juice that are 
entered after the date on which the applicable quantity limitation is 
reached and before the date of publication in the Federal Register of 
the determination that the price conditions have ceased to exist shall 
be the lower of--(1) the column 1--General rate of duty in effect for 
such articles on July 1, 1991; or (2) the column 1--General rate of 
duty in effect on that day. For the purpose of this provision, the term 
entered means entered or withdrawn from warehouse for consumption in 
the customs territory of the United States.
    In accordance with Section 309(a) of the NAFTA Implementation Act, 
it has been determined that for the period April 6-13, 1998, the daily 
price for frozen concentrated orange juice was less than the trigger 
price.

    Issued at Washington, D.C. the 20th day of April, 1998.
Timothy J. Galvin,
Acting Administrator, Foreign Agricultural Service.
[FR Doc. 98-11032 Filed 4-23-98; 8:45 am]
BILLING CODE 3410-10-M