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[Federal Register Volume 90, Number 15 (Friday, January 24, 2025)]
[Notices]
[Pages 8116-8119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01678]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-357-818]

Lemon Juice From Argentina: Amendment to the Agreement Suspending 
the Antidumping Duty Investigation

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) and a 
representative of the signatory lemon juice producers/exporters 
accounting for substantially all imports of lemon juice from Argentina 
have signed an amendment to the Agreement Suspending the Antidumping 
Duty Investigation on Lemon Juice from Argentina (2016 Agreement) 
(collectively, amended 2016 Agreement). The amendment to the 2016 
Agreement revises the reference prices and provides for enhanced 
monitoring and enforcement mechanisms.

DATES: Applicable January 17, 2025.

FOR FURTHER INFORMATION CONTACT: Sally C. Gannon or Jill Buckles at 
(202) 482-0162 or (202) 482-6230, respectively; Bilateral Agreements 
Unit, Office of Policy, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On September 10, 2007, Commerce entered into an agreement to 
suspend the antidumping duty investigation on lemon juice from 
Argentina.\1\ On October 20, 2016, Commerce and producers/exporters 
accounting for substantially all imports of lemon juice from Argentina 
signed the 2016 Agreement.\2\
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    \1\ See Suspension of Antidumping Duty Investigation: Lemon 
Juice From Argentina, 72 FR 53991 (September 21, 2007) (2007 
Agreement).
    \2\ See Lemon Juice from Argentina: Continuation of Suspension 
of Antidumping Investigation, 81 FR 74395 (October 26, 2016).
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    On May 22, 2024, Commerce formally opened consultations with the 
signatory producers/exporters with respect to possible revisions to the 
2016 Agreement.\3\ On December 20, 2024, Commerce released a draft 
initialed agreement and invited comments from interested parties.\4\ On 
January 2, 2025, Commerce released its draft statutory assessment 
memorandum pursuant to the draft amendment and invited interested party 
comments.\5\ We received comments on the draft amendment from the 
following parties: Ventura Coastal, LLC (petitioner); Latin Lemon S.A. 
and Cooperativa de Productores Citricolas de Tafi Viejo (collectively, 
Latin Lemon and COTA); the Government of Argentina (GOA); and S.A. San 
Miguel A.G.I.C.I. y F, La Moraleja S.A., Citromax S.A.C.I., Vicente 
Trapani S.A., Citrusvil S.A., Pablo Padilla, Ledesma S.A.A.I., 
Ram[oacute]n Tuma S.A., Argenti Lemon S.A., FGF Trapani S.A., Acheral, 
Litoral Citrus, Veracruz, Los Pempa Agroganadera S.A., and 
Induc[iacute]trica S.A (collectively, Argentine Exporters). In 
addition, Commerce received comments on the draft statutory assessment 
memorandum from the GOA.
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    \3\ See Commerce's Letter, ``Consultations on Potential 
Amendment to the 2016 Agreement Suspending the Antidumping Duty 
Investigation on Lemon Juice from Argentina,'' dated May 22, 2024.
    \4\ See Commerce's Letter, ``Draft Amendment to the Agreement 
Suspending the Antidumping Duty Investigation on Lemon Juice from 
Argentina,'' dated December 20, 2024.
    \5\ See Commerce's Letter, ``Draft Amendment to the Agreement 
Suspending the Antidumping Duty Investigation on Lemon Juice from 
Argentina: Draft Assessment of Statutory Requirements Memorandum,'' 
dated January 2, 2025.
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Amendment to the 2016 Agreement

    On January 17, 2025, after consideration of the interested party 
and other comments received, Commerce and a representative of the 
signatory producers/exporters accounting for substantially all imports 
of lemon juice from Argentina signed a finalized amendment to the 2016 
Agreement.\6\ In accordance with section 734(c) of the Act, we have 
determined that extraordinary circumstances, as defined by section 
734(c)(2)(A) of the Act, exist with respect to the amended 2016 
Agreement. We have also determined that the amended 2016 Agreement will 
eliminate completely the injurious effect of exports to the United 
States of the subject merchandise and prevent the suppression or 
undercutting of price levels of domestic lemon juice by imports of that 
merchandise from Argentina, as required by section 734(c)(1) of the 
Act. We have also determined that the amended 2016 Agreement is in the 
public interest and can be monitored effectively, as required under 
section 734(d) of the Act. For these reasons, we find that the amended 
2016 Agreement meets the criteria of section 734(c) and (d) of the Act. 
The text of the amendment to the

[[Page 8117]]

2016 Agreement follows in the Annex of this notice.
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    \6\ See Memorandum, ``Amendment to the Agreement Suspending the 
Antidumping Duty Investigation on Lemon Juice from Argentina,'' 
dated January 17, 2025.
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Scope of the Amended 2016 Agreement

    The product covered by this amended 2016 Agreement is lemon juice 
for further manufacture, with or without addition of preservatives, 
sugar, or other sweeteners, regardless of the GPL (grams per liter of 
citric acid) level of concentration, brix level, brix/acid ratio, pulp 
content, clarity, grade, horticulture method (e.g., organic or not), 
processed form (e.g., frozen or not-from-concentrate), FDA standard of 
identity, the size of the container in which packed, or the method of 
packing.
    Excluded from the scope are: (1) Lemon juice at any level of 
concentration packed in retail-sized containers ready for sale to 
consumers, typically at a level of concentration of 48 GPL; and (2) 
beverage products such as lemonade that typically contain 20% or less 
lemon juice as an ingredient.
    Lemon juice is classifiable under subheadings 2009.39.6020, 
2009.31.6020, 2009.31.4000, 2009.31.6040, and 2009.39.6040 of the 
Harmonized Tariff Schedule of the United States (HTSUS). While HTSUS 
subheadings are provided for convenience and customs purposes, our 
written description of the scope of this 2016 Agreement is dispositive.

Administrative Protective Order Access

    The administrative protective order (APO) Commerce granted in the 
suspension agreement segment of this proceeding remains in place and 
effective for the amended 2016 Agreement. All new interested parties 
requesting access to business proprietary information submitted during 
the administration of the amended 2016 Agreement, under the APO 
currently in effect, must submit an APO application in accordance with 
Commerce's regulations currently in effect.\7\
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    \7\ See section 777(c)(1) of the Act; see also 19 CFR 351.103, 
351.304, 351.305, and 351.306.
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    We are issuing and publishing this notice in accordance with 
section 734(f)(1)(A) of the Act and 19 CFR 351.208(g)(2).

    Dated: January 17, 2025.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Annex: Amendment to the Agreement Suspending the Antidumping Duty 
Investigation on Lemon Juice From Argentina

    The Agreement Suspending the Antidumping Duty Investigation on 
Lemon Juice from Argentina signed on October 20, 2016 (2016 Agreement) 
is amended as set forth below (2025 Amendment) (collectively, 
Agreement).
    If a provision of the 2016 Agreement conflicts with a provision of 
this 2025 Amendment, the provision of the 2025 Amendment shall 
supersede the provision of the 2016 Agreement to the extent of the 
conflict. All other provisions of the 2016 Agreement and their 
applicability continue with full force.
    The United States Department of Commerce (the Department) and the 
signatory producers and exporters of Lemon Juice from Argentina 
(individually, Signatory; collectively, Signatories) hereby agree as 
follows:

Section II--Definitions--is amended as follows:

    Section II.D is replaced with the following (changes in italics):
    ``Effective Date of the 2016 Agreement'' means the date on which 
the Department and the signatory producers and exporters signed the 
2016 Agreement. Additionally, the ``Effective Date of the 2025 
Amendment'' means the date on which the Department and the Signatories 
sign the 2025 Amendment.

New Section II.K is added as follows:

    ``Adjustment Mechanism'' is the means by which the Reference Prices 
may change as described in Appendix I.

Section VI--Price Undertaking--is amended as follows:

    The first paragraph is replaced with the following (changes in 
italics):
    Each Signatory individually agrees that, to prevent price 
suppression or undercutting, it will not sell for export to the United 
States, on or after the Effective Date of the 2025 Amendment, Lemon 
Juice at prices that are less than the Reference Prices established in 
Appendix 1I (as amended by the 2025 Amendment), except for shipments 
pursuant to Section VII.C.4 which must be sold at prices that are at or 
above the Reference Prices established in Appendix I of the 2016 
Agreement for sales from signatory producers/exporters to the 2016 
Agreement.

Section VII--Monitoring of the Agreement--is amended as follows:

    Section VII.C--Shipping and Other Arrangements--is amended as 
follows by replacing Paragraphs 1 through 3 with the following (changes 
in italics) and adding new Paragraphs 4 and 5 as follows:
    1. All rReference pPrices will be expressed in U.S. $/Gallon in 
accordance with Appendix I of this Agreement. All rReference pPrices 
are F.O.B. Buenos Aires, Argentina. The Reference Prices may be 
adjusted by means of the Adjustment Mechanism described in Appendix I.
    2. Signatories agree not to take any action that would circumvent 
or otherwise evade, or defeat the purpose of, this Agreement. 
Signatories agree to undertake any measures that will help to prevent 
circumvention, including entering into consultations with the 
Department, as requested, under Section VII.E.1 of the Agreement.
    3. Not later than thirty days after the end of each quarter, each 
Signatory will submit a written statement to the Department certifying 
that all sales during the most recently completed quarter were at net 
prices (after rebates, back billing, discounts for quality and other 
claims) at or above the Reference Prices in effect and were not part 
of, or related to, any act or practice which would have the effect of 
hiding the real price of the Lemon Juice being sold. Further, each 
Signatory will certify in this same statement that all sales made 
during the relevant quarter were not part of or related to any bundling 
arrangement, discounts/free goods/financing package, end-of-year 
rebates, swap, or other exchange where such arrangement is designed to 
circumvent the basis of the Agreement. Each Signatory will also include 
the quantity and value of sales, by product type, and, separately, of 
shipments, by product type, during the most recently completed quarter. 
Each Signatory will additionally submit a written statement to the 
Department certifying that neither it nor its affiliates has undertaken 
any exports of Lemon Juice to the United States made indirectly through 
third countries that are not in compliance with or are otherwise 
circumventing the Agreement. Each Signatory that did not export Lemon 
Juice to the United States during any given quarter will submit a 
written statement to the Department certifying that it made no sales to 
the United States during the most recently completed quarter. Each 
Signatory agrees to permit full verification of its these quarterly 
certifications as the Department deems necessary. Failure to provide a 
the relevant quarterly certifications may be considered a Violation of 
the Agreement.
    4. For the period from the Effective Date of the 2025 Amendment 
through 30 days from Effective Date of the 2025 Amendment, Signatories 
may proceed with shipments of Lemon Juice to their first unaffiliated 
U.S. customers made pursuant to any and all sales agreements entered 
into prior to the Effective Date

[[Page 8118]]

of the 2025 Amendment. All such shipments must have physically entered 
into the United States no later than 30 days from the Effective Date of 
the 2025 Amendment and, for signatory producers/exporters to the 2016 
Agreement, must be in compliance with the terms, including the 
Reference Prices in Appendix I and subsequent updates, of the 2016 
Agreement.
    Any Signatory making shipments during the above-referenced period 
(i.e., 30 days from the Effective Date of the 2025 Amendment) of 
subject merchandise pursuant to sales agreements entered into prior to 
the Effective Date of the 2025 Amendment must provide a one-time report 
to the Department, within 60 days of the Effective Date of the 2025 
Amendment, which contains a listing of: the contract or purchase order 
dates; the delivery quantities; the dates of export, entry, and 
delivery; and the prices at which the subject merchandise was sold. 
This information will be subject to verification in accordance with 
Section VII.B.4 of the Agreement.
    At any time, should the Department determine that the sales 
agreement date was not the appropriate date of sale for a Signatory 
making such shipments, or that such shipments for signatory producers/
exporters to the 2016 Agreement did not otherwise comply with the terms 
of the 2016 Agreement, the Department may consider such deliveries to 
be a Violation of the Agreement.
    5. The parties to this Agreement acknowledge that, in accordance 
with Argentine regulations, Argentine lemon juice producers and 
exporters exporting to the United States will become Signatories to the 
Agreement. Signatories will fully comply with all Argentine regulations 
and requirements related to the Government of Argentina's export 
authorization system covering Signatory shipments of Lemon Juice from 
Argentina to the United States. The Signatories acknowledge that 
compliance with the Argentine export authorization system supports the 
operation of the Agreement. Furthermore, pursuant to any data exchange 
program between U.S. and Government of Argentina agencies, the 
Department will review, as appropriate, monthly reports of such 
authorizations to determine whether there have been imports that are 
inconsistent with the provisions of the Agreement.
    Section VII.E--Consultations--is amended as follows:
    Section VII.E.1--Compliance Consultations--New Sub-paragraph 1.e is 
added as follows:
    1.e If through compliance consultations under Section VII.E.1 the 
Department determines that a Signatory has committed acts of non-
compliance not found to meet the definition of a Violation under the 
terms of the Agreement, the Department may temporarily suspend the 
Signatory's status as a signatory. The Department's actions with regard 
to non-compliance found to meet the definition of a Violation will be 
governed by Section VIII (``Violations'') of the Agreement.
    Section VII.E.2--Operations Consultations--Paragraphs 2.a and b are 
replaced with the following (changes in italics):
    a. The Department will consult with the Signatories regarding the 
operation of this Agreement. A party to the Agreement The Department or 
the Signatories, collectively, may request such consultations, as 
necessary, except for consultations to revise the Reference Prices 
which must be requested in accordance with the Adjustment Mechanism 
described in Appendix I.
    b. Notwithstanding the previous paragraph, the parties may agree to 
revise the Reference Prices subject to consultations.

Appendix I is replaced with the following:

    Consistent with the requirements of section 734(c) of the Act, to 
eliminate completely the injurious effect of exports to the United 
States and to prevent the suppression or undercutting of price levels 
of domestic lemon juice, the Reference Prices are as follows:

                                     Reference Price U.S. Dollars per Gallon
                                          [FOB Buenos Aires, Argentina]
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                                                                Up to 75
  Lemon juice processed form        Clarity        400 GPL        GPL        200 GPL      280 GPL      300 GPL
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                                                  Conversion       75/400      200/400      280/400      300/400
                                                     factors
                                                ----------------------------------------------------------------
Frozen, concentrated.........  Clear (Less than       $11.16  ...........        $5.58        $7.82        $8.37
                                0.5% pulp).
Frozen, concentrated.........  Cloudy (0.5%            10.50  ...........         5.25         7.35         7.88
                                pulp or
                                greater).
Not-from-concentrate.........  Cloudy (0.5%      ...........         1.97  ...........  ...........  ...........
                                pulp or
                                greater).
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                                                     325 GPL      330 GPL      340 GPL      350 GPL      370 GPL
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                                                     325/400      330/400      340/400      350/400      370/400
                                                ----------------------------------------------------------------
Frozen, concentrated.........  Clear (Less than  ...........         9.21         9.49         9.77        10.33
                                0.5% pulp).
Frozen, concentrated.........  Cloudy (0.5%             8.53         8.66         8.93         9.19         9.71
                                pulp or
                                greater).
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                                                     380 GPL      430 GPL      500 GPL      550 GPL      600 GPL
                                                ----------------------------------------------------------------
                                                     380/400      430/400      500/400      550/400      600/400
                                                ----------------------------------------------------------------
Frozen, concentrated.........  Clear (Less than        10.61        12.00        13.96        15.35        16.75
                                0.5% pulp).
Frozen, concentrated.........  Cloudy (0.5%             9.98        11.29        13.13        14.44        15.75
                                pulp or
                                greater).
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    The Reference Prices specified above are for all sales of Lemon 
Juice at the specified GPL, regardless of horticultural method (i.e., 
whether organic or not).
    The Reference Prices include all expenses incurred prior to 
shipment from the port of export in Argentina. In accordance with the 
terms of sale, the final sales price to the first unaffiliated U.S. 
customer for all Lemon Juice from Argentina exported directly, or 
indirectly through a third country, to the United States shall include 
all relevant movement and handling

[[Page 8119]]

expenses beyond the port of export in Argentina (e.g., Buenos Aires, 
Argentina) and in excess of the Reference Prices, i.e., the F.O.B. 
Buenos Aires, Argentina, price.

Reference Price Requests

    Additional conversion factors and product types may be added to the 
Agreement. Signatories may request that the Department add a new 
conversion factor or product type by filing a written public request on 
the official record of the Agreement. Within ten days of the filing of 
the request, interested parties may comment on the requested additional 
conversion factor or product types, including the appropriate reference 
price that should apply to a new product type. The Department will 
consider such requests for new conversion factors or product types and 
issue a determination in a timely manner. Additional conversion factors 
or product types would apply to sales by all Signatories going forward.

Adjustment Mechanism

    The Reference Prices shall remain in effect through December 31, 
2025.
    Before January 15, 2026, and on or before January 15 of any 
subsequent year, the parties to the proceeding may request that the 
Department adjust the Reference Prices. The Department will normally 
issue any final revised Reference Prices within 30 days of receiving 
the written request. However, if needed, and with good cause, the 
Department may extend the deadline.
    For purposes of the Adjustment Mechanism, the following definitions 
apply:
    A. ``Base Reference Prices'' means the minimum prices for clear and 
cloudy frozen, concentrated Lemon Juice at 400 GPL.
    B. ``Weighted-Average Import Price'' means the total value of U.S. 
imports of lemon juice divided by the total volume of U.S. imports of 
lemon juice from Argentina and, unless good cause is demonstrated, from 
all countries not subject to antidumping duty orders or investigations. 
The source of the import value and volume will be publicly available 
import statistics from the United States Census Bureau (Census), using 
the HTSUS subheading(s) applicable to clear and cloudy frozen 
concentrated Lemon Juice at 400GPL.
    The Reference Prices may be adjusted via the following mechanism:
    1. On or before January 15, a party to the proceeding may submit a 
written request for an adjustment to the Base Reference Prices.
    2. The written request must demonstrate that the Weighted-Average 
Import Price has changed significantly during a period of no less than 
4 months prior to the request. For the purposes of the Adjustment 
Mechanism, ``significantly'' means a change of at least 10 percentage 
points (higher or lower) than the starting point of the data series 
used for the demonstration. The data series must include at least 4 
months, and must include the month for which the most recent data is 
available from Census.
    3. If, after review of the request and consultations with the 
parties, the Department concludes that the Weighted-Average Import 
Price has changed significantly, then the Department will adjust the 
Base Reference Prices. Any such adjustment shall be based on a 
percentage change to the Base Reference Prices that is equal to half of 
the measured change in the Weighted-Average Import Price. For example, 
if the Base Reference Price is $10.50/gallon for 400 GPL cloudy Lemon 
Juice and
    a. the Weighted-Average Import Price has fallen by 10 percent, then 
the Base Reference Price would be adjusted to $9.98/gallon (i.e., 
$10.50-(10% * 50% * $10.50)).
    b. the Weighted-Average Import Price has increased by 10 percent, 
then the Base Reference Price would be adjusted to $11.03/gallon (i.e., 
$10.50 + (10% * 50% * $10.50)).
    4. In addition to the Base Reference Prices, the Department will 
adjust all Reference Prices for the conversion factors in effect in the 
Reference Price chart, as updated, in Appendix I of the Agreement 
according to the Department's established methodology.
    If any extenuating circumstances occur in the U.S. market for lemon 
juice, the Department may, at its discretion, request consultations on 
revisions to the Reference Prices at any time.

For the U.S. Department of Commerce

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Abdelali Elouaradia
Deputy Assistant Secretary for Enforcement and Compliance

For the Argentine Producers and Exporters

    The following party hereby certifies that the following producers/
exporters of Lemon Juice from Argentina, which have authorized the 
undersigned to sign this Agreement on their behalf, agree to abide by 
all terms of the Agreement:
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Gregory J. Spak
On behalf of: S.A. San Miguel A.G.I.C.I. y F; La Moraleja S.A.; 
Citromax S.A.C.I.; Vicente Trapani S.A.; Citrusvil S.A.; Pablo Padilla; 
Ledesma S.A.A.I.; Ram[oacute]n Tuma S.A.; Argenti Lemon S.A.; FGF 
Trapani S.A.; Acheral S.A.; Litoral Citrus S.A.; SA Veracruz; Los Pempa 
Agroganadera S.A.; and Induc[iacute]trica S.A.

[FR Doc. 2025-01678 Filed 1-23-25; 8:45 am]
BILLING CODE 3510-DS-P
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