[Federal Register Volume 87, Number 81 (Wednesday, April 27, 2022)]
[Notices]
[Pages 24945-24949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08956]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-357-826]


White Grape Juice Concentrate From the Republic of Argentina: 
Initiation of Countervailing Duty Investigation

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

DATES: Applicable April 20, 2022.

FOR FURTHER INFORMATION CONTACT: Gene H. Calvert, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3586.

SUPPLEMENTARY INFORMATION:

[[Page 24946]]

The Petition

    On March 31, 2022, the Department of Commerce (Commerce) received a 
countervailing duty (CVD) petition concerning imports of white grape 
juice concentrate (WGJC) from Argentina filed in proper form on behalf 
of Delano Growers Grape Products, LLC (the petitioner), a domestic 
producer of WGJC.\1\ The Petition was accompanied by an antidumping 
duty (AD) petition concerning imports of WGJC from Argentina.\2\
---------------------------------------------------------------------------

    \1\ See Petitioner's Letter, ``Petition for the Imposition of 
Antidumping and Countervailing Duties: White Grape Juice Concentrate 
from Argentina,'' dated March 31, 2022 (the Petition).
    \2\ Id.
---------------------------------------------------------------------------

    On April 5, 13, and 14, 2022, Commerce requested supplemental 
information pertaining to certain aspects of the Petition.\3\ The 
petitioner filed timely responses to these requests between April 11 
and 14, 2022.\4\
---------------------------------------------------------------------------

    \3\ See Commerce's Letters, ``Petition for the Imposition of 
Countervailing Duties on Imports of White Grape Juice Concentrate 
from Argentina: Supplemental Questions,'' dated April 5, 2022; 
``Petition for the Imposition of Countervailing Duties on Imports of 
White Grape Juice Concentrate from Argentina: Second Supplemental 
Questionnaire,'' dated April 13, 2022; ``Petitions for the 
Imposition of Antidumping and Countervailing Duties on Imports of 
White Grape Juice Concentrate from Argentina: Supplemental 
Questions,'' dated April 5, 2022 (General Issues Supplemental); and 
``Petitions for the Imposition of Antidumping and Countervailing 
Duties on Imports of White Grape Juice Concentrate from Argentina: 
Second Supplemental Questions,'' dated April 14, 2022.
    \4\ See Petitioner's Letters, ``Petition for the Imposition of 
Antidumping and Countervailing Duties: White Grape Juice Concentrate 
from Argentina,'' dated April 11, 2022; ``Petition for the 
Imposition of Antidumping and Countervailing Duties: White Grape 
Juice Concentrate from Argentina,'' dated April 11, 2022 (Updated 
Declarations); ``Petition for the Imposition of Antidumping and 
Countervailing Duties: White Grape Juice Concentrate from 
Argentina,'' dated April 13, 2022 (First General Issues Supplement); 
``Petition for the Imposition of Antidumping and Countervailing 
Duties: White Grape Juice Concentrate from Argentina,'' dated April 
14, 2022 (Second General Issues Supplement); and ``Petition for the 
Imposition of Antidumping and Countervailing Duties: White Grape 
Juice Concentrate from Argentina,'' dated April 14, 2022, 
referencing questions regarding alleged CVD programs.
---------------------------------------------------------------------------

    In accordance with section 702(b)(1) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that the Government of 
Argentina (GOA) is providing countervailable subsidies, within the 
meaning of sections 701 and 771(5) of the Act, to producers of WGJC in 
Argentina, and that such imports are materially injuring, or 
threatening material injury to, the domestic industry producing WGJC in 
the United States. Consistent with section 702(b)(1) of the Act and 19 
CFR 351.202(b), for the alleged program on which we are initiating a 
CVD investigation, the Petition was accompanied by information 
reasonably available to the petitioner supporting its allegations.
    Commerce finds that the petitioner filed the Petition on behalf of 
the domestic industry because the petitioner is an interested party, as 
defined in section 771(9)(C) of the Act. Commerce also finds that the 
petitioner demonstrated sufficient industry support with respect to the 
initiation of the requested CVD investigation.\5\
---------------------------------------------------------------------------

    \5\ See ``Determination of Industry Support for the Petition'' 
section, infra.
---------------------------------------------------------------------------

Period of Investigation

    Because the Petition was filed on March 31, 2022, the period of 
investigation (POI) is January 1, 2021, through December 31, 2021.\6\
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.204(b)(2).
---------------------------------------------------------------------------

Scope of the Investigation

    The merchandise covered by this investigation is WGJC from 
Argentina. For a full description of the scope of this investigation, 
see the appendix to this notice.

Comments on the Scope of the Investigation

    On April 5, 2022, Commerce requested further information from the 
petitioner regarding the proposed scope to ensure that the scope 
language in the Petition is an accurate reflection of the product for 
which the industry is seeking relief.\7\ On April 13, 2022, the 
petitioner provided a narrative clarification regarding the scope.\8\ 
The description of the merchandise covered by this investigation, as 
described in the appendix to this notice, reflects the products for 
which the domestic industry is seeking relief.
---------------------------------------------------------------------------

    \7\ See General Issues Supplemental at 4.
    \8\ See First General Issues Supplement at 2.
---------------------------------------------------------------------------

    As discussed in the Preamble to Commerce's regulations, we are 
setting aside a period for interested parties to raise issues regarding 
product coverage (scope).\9\ Commerce will consider all comments 
received from interested parties and, if necessary, will consult with 
interested parties prior to the issuance of the preliminary 
determination. If scope comments include factual information,\10\ all 
such factual information should be limited to public information. To 
facilitate preparation of its questionnaires, Commerce requests that 
all interested parties submit scope comments by 5:00 p.m. Eastern Time 
(ET) May 10, 2022, which is 20 calendar days from the signature date of 
this notice. Any rebuttal comments, which may include factual 
information, must be filed by 5:00 p.m. ET on May 20, 2022, which is 
ten calendar days from the initial deadline.
---------------------------------------------------------------------------

    \9\ See Antidumping Duties; Countervailing Duties; Final Rule, 
62 FR 27323 (May 19, 1977) (Preamble).
    \10\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
---------------------------------------------------------------------------

    Commerce requests that any factual information the parties consider 
relevant to the scope of this investigation be submitted during this 
time period. However, if a party subsequently finds that additional 
factual information pertaining to the scope of this investigation may 
be relevant, the party may contact Commerce and request permission to 
submit the additional information. All such comments must be filed on 
the record of the concurrent AD and CVD investigations.

Filing Requirements

    All submissions to Commerce must be filed electronically using 
Enforcement and Compliance's Antidumping Duty and Countervailing Duty 
Centralized Electronic Service System (ACCESS), unless an exception 
applies.\11\ An electronically filed document must be received 
successfully in its entirety by the time and date it is due. Note that 
Commerce has temporarily modified certain of its requirements for 
serving documents containing business proprietary information, until 
further notice.\12\
---------------------------------------------------------------------------

    \11\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and 
Compliance; Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014) for details of Commerce's electronic filing 
requirements, effective August 5, 2011. Information on using ACCESS 
can be found at https://access.trade.gov/help.aspx and a handbook 
can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
    \12\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020) (Temporary Rule).
---------------------------------------------------------------------------

Consultations

    Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce 
notified the GOA of the receipt of the Petition and provided it the 
opportunity for consultations with respect to the CVD petition.\13\ The 
GOA requested

[[Page 24947]]

consultations,\14\ which were held via video conference on April 11, 
2022.\15\
---------------------------------------------------------------------------

    \13\ See Commerce's Letter, ``Countervailing Duty Petition on 
White Grape Juice Concentrate from the Argentine Republic: 
Invitation for Consultations to Discuss the Countervailing Duty 
Petition,'' dated April 4, 2022.
    \14\ See GOA's Letter, ``Countervailing Duty Petition on White 
Grape Juice Concentrate from the Argentine Republic: Invitation for 
Consultations to Discuss the Countervailing Duty Petition,'' dated 
April 5, 2022.
    \15\ See Memorandum, ``Countervailing Duty Petition on Imports 
of White Grape Juice Concentrate from the Republic of Argentina: 
Consultations with Officials from the Government of Argentina,'' 
dated April 20, 2022 (CVD Consultations Memorandum).
---------------------------------------------------------------------------

Determination of Industry Support for the Petition

    Section 702(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 702(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) At least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, Commerce shall: (i) 
Poll the industry or rely on other information in order to determine if 
there is support for the petition, as required by subparagraph (A); or 
(ii) determine industry support using a statistically valid sampling 
method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs Commerce to look to producers and workers who produce the 
domestic like product. The U.S. International Trade Commission (ITC), 
which is responsible for determining whether ``the domestic industry'' 
has been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both Commerce and the 
ITC must apply the same statutory definition regarding the domestic 
like product,\16\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, Commerce's determination 
is subject to limitations of time and information. Although this may 
result in different definitions of the like product, such differences 
do not render the decision of either agency contrary to law.\17\
---------------------------------------------------------------------------

    \16\ See section 771(10) of the Act.
    \17\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------

    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
petition).
    With regard to the domestic like product, the petitioner does not 
offer a definition of the domestic like product distinct from the scope 
of the investigation.\18\ Based on our analysis of the information 
submitted on the record, we have determined that WGJC, as defined in 
the scope, constitutes a single domestic like product, and we have 
analyzed industry support in terms of that domestic like product.\19\
---------------------------------------------------------------------------

    \18\ See Petition at 16-20.
    \19\ For a discussion of the domestic like product analysis as 
applied to this case and information regarding industry support, see 
Countervailing Duty Investigation Initiation Checklist: White Grape 
Juice Concentrate from Argentina (Argentina CVD Initiation 
Checklist) at Attachment II, Analysis of Industry Support for the 
Antidumping and Countervailing Duty Petitions Covering White Grape 
Juice Concentrate from Argentina (Attachment II). This checklist is 
dated concurrently with this notice and on file electronically via 
ACCESS.
---------------------------------------------------------------------------

    In determining whether the petitioner has standing under section 
702(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petition with reference to the domestic like product 
as defined in the ``Scope of the Investigation,'' in the appendix to 
this notice. To establish industry support, the petitioner provided the 
total volume of grapes it crushed for WGJC during crop year 2020 (i.e., 
August 2020-July 2021).\20\ The petitioner also provided the total 
volume of grapes crushed for concentrate during crop year 2020, 
reported by the U.S. Department of Agriculture's National Agricultural 
Statistics Service (USDA NASS) in its July 29, 2021, 2020 Errata to the 
California Grape Crush Report (July 2021 USDA Grape Crush Report).\21\ 
Because the data in the July 2021 USDA Grape Crush Report reflect the 
total volume of grapes crushed for concentrate, including other 
concentrate products that are not part of the domestic like product, 
the petitioner adjusted the volume reported in the July 2021 USDA Grape 
Crush Report in order to estimate the total volume of grapes crushed 
for WGJC.\22\ The petitioner then compared its own volume of grapes 
crushed for WGJC to the estimated total volume of grapes crushed for 
WGJC in crop year 2020.\23\ We relied on data provided by the 
petitioner for purposes of measuring industry support.\24\
---------------------------------------------------------------------------

    \20\ See Petition at 5 and 9-10; see also Petitioner's Letter, 
``Petition for the Imposition of Antidumping and Countervailing 
Duties: White Grape Juice Concentrate from Argentina,'' dated March 
31, 2022 (Exhibit 10 Declaration); and Updated Declarations at 
Exhibit 10.
    \21\ See Petition at 5-8 and Exhibits 21 and 22.
    \22\ Id. at 5-8 and Exhibits 14 and 22; see also First General 
Issues Supplement at Answer to Question 6; and Updated Declarations 
at Exhibit 14.
    \23\ See Petition at 8-10.
    \24\ Id. at 5-11 and Exhibits 14, 21, and 22; see also Exhibit 
10 Declaration; First General Issues Supplement at 2-4 and Answer to 
Question 6; and Updated Declarations at Exhibit 14. For further 
discussion, see Attachment II of the Argentina CVD Initiation 
Checklist.
---------------------------------------------------------------------------

    On April 11, 2022, the GOA raised industry support comments during 
the consultations held regarding the CVD Petition.\25\
---------------------------------------------------------------------------

    \25\ See CVD Consultations Memorandum at Attachment.
---------------------------------------------------------------------------

    Our review of the data provided in the Petition, Exhibit 10 
Declaration, the First General Issues Supplement, the Updated 
Declarations, and other information readily available to Commerce 
indicates that the petitioner has established industry support for the 
Petition.\26\ First, the Petition established support from domestic 
producers (or workers) accounting for more than 50 percent of the total 
production of the domestic like product and, as such, Commerce is not 
required to take further action in order to evaluate industry support 
(e.g., polling).\27\ Second, the domestic producers (or workers) have 
met the statutory criteria for industry support under section 
702(c)(4)(A)(i) of the Act because the domestic producers (or workers) 
who support the Petition account for at least 25 percent of the total 
production of the domestic like product.\28\ Finally, the domestic 
producers (or workers) have met the statutory criteria for industry 
support under section 702(c)(4)(A)(ii) of the Act because the domestic 
producers (or workers) who support the Petition account for more than 
50 percent of the production of the domestic like product produced by 
that portion of the industry

[[Page 24948]]

expressing support for, or opposition to, the Petition.\29\ 
Accordingly, Commerce determines that the Petition was filed on behalf 
of the domestic industry within the meaning of section 702(b)(1) of the 
Act.\30\
---------------------------------------------------------------------------

    \26\ See Petition at 5-11 and Exhibits 14, 21, and 22; see also 
Exhibit 10 Declaration; First General Issues Supplement at 3-4; and 
Updated Declarations at Exhibits 10 and 14. For further discussion, 
see Attachment II of the Argentina CVD Initiation Checklist.
    \27\ See Attachment II of the Argentina CVD Initiation 
Checklist; see also section 702(c)(4)(D) of the Act.
    \28\ See Attachment II of the Argentina CVD Initiation 
Checklist.
    \29\ Id.
    \30\ Id.
---------------------------------------------------------------------------

Injury Test

    Because Argentina is a ``Subsidies Agreement Country'' within the 
meaning of section 701(b) of the Act, section 701(a)(2) of the Act 
applies to this investigation. Accordingly, the ITC must determine 
whether imports of the subject merchandise from Argentina materially 
injure, or threaten material injury to, a U.S. industry.

Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that imports of the subject merchandise are 
benefitting from countervailable subsidies and that such imports are 
causing, or threaten to cause, material injury to the U.S. industry 
producing the domestic like product. In addition, the petitioner 
alleges that subject imports exceed the negligibility threshold 
provided for under section 771(24)(A) of the Act.\31\
---------------------------------------------------------------------------

    \31\ See Petition at 21 and Exhibit 6.
---------------------------------------------------------------------------

    The petitioner contends that the industry's injured condition is 
illustrated by underselling and price suppression; lost sales and 
revenues; decline in the U.S. industry's production over the years; 
inventory carryover into the next crush year; removal of grape vine 
acreage, which impacts the petitioner's ability to operate at full 
capacity; and the loss of producers of WGJC and grape growers.\32\ We 
assessed the allegations and supporting evidence regarding material 
injury, threat of material injury, causation, as well as negligibility, 
and we have determined that these allegations are properly supported by 
adequate evidence, and meet the statutory requirements for 
initiation.\33\
---------------------------------------------------------------------------

    \32\ Id. at 20-34 and Exhibits 2, 5-8, 13, 23-24, and 32-34; see 
also Exhibit 10 Declaration; Updated Declarations at Exhibits 10 and 
14; First General Issues Supplement at 1-10 and Answer to Question 
17, Supplemental to Exhibits 10 and 33; Updated Exhibit 10; Second 
General Issues Supplement at 1-6 and Updated Declaration of Jeff 
Bitter, Supplemental Exhibits 1-3, and Updated Supplement to Exhibit 
10; and Petitioner's Letter, ``Petition for the Imposition of 
Antidumping and Countervailing Duties: White Grape Juice Concentrate 
from Argentina,'' dated April 19, 2022.
    \33\ See Argentina CVD Initiation Checklist at Attachment III, 
Analysis of Allegations and Evidence of Material Injury and 
Causation for the Antidumping and Countervailing Duty Petitions 
Covering White Grape Juice Concentrate from Argentina.
---------------------------------------------------------------------------

Initiation of CVD Investigation

    Based on our examination of the Petition and supplemental 
responses, we find the Petition meets the requirements of section 702 
of the Act. Therefore, we are initiating a CVD investigation to 
determine whether imports of WGJC from Argentina benefit from 
countervailable subsidies conferred by the GOA. Based on our review of 
the Petition, we find that there is sufficient information to initiate 
a CVD investigation on one of the two alleged programs. For a full 
discussion of the basis for our decision, see the Argentina CVD 
Initiation Checklist. The CVD Initiation Checklist for this 
investigation is available on ACCESS. In accordance with section 
703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless postponed, we 
will make our preliminary determination no later than 65 days after the 
date of this initiation.

Respondent Selection

    The petitioner named eight companies in Argentina as producers and/
or exporters of WGJC.\34\ Commerce intends to follow its standard 
practice in CVD investigations and calculate company-specific subsidy 
rates in this investigation. In the event that Commerce determines that 
the number of companies is large and that it cannot individually 
examine each company based on Commerce's resources, where appropriate, 
Commerce intends to select respondents based on U.S. Customs and Border 
Protection (CBP) data for U.S. imports of WGJC from Argentina during 
the POI under the appropriate Harmonized Tariff Schedule of the United 
States subheadings listed in the ``Scope of the Investigations,'' in 
the appendix to this notice.
---------------------------------------------------------------------------

    \34\ See Petition at Exhibit 4.
---------------------------------------------------------------------------

    On April 19, 2022, Commerce released CBP data for U.S. imports of 
WGJC from Argentina under administrative protective order (APO) to all 
parties with access to information protected by APO and indicated that 
interested parties wishing to comment regarding the CBP data and 
respondent selection must do so within three business days of the 
publication date of the notice of initiation of this CVD 
investigation.\35\ Commerce will not accept rebuttal comments regarding 
the CBP data or respondent selection. Interested parties wishing to 
comment regarding the CBP data and respondent selection must do so 
within three business days of the publication date of this notice of 
initiation of this CVD investigation. Interested parties must submit 
applications for disclosure under APO in accordance with 19 CFR 
351.305(b). Instructions for filing such applications may be found on 
Commerce's website at https://enforcement.trade.gov/apo.
---------------------------------------------------------------------------

    \35\ See Memorandum, ``Countervailing Duty Petition on White 
Grape Juice Concentrate from the Republic of Argentina: Release of 
U.S. Customs and Border Protection Entry Data,'' dated April 19, 
2022.
---------------------------------------------------------------------------

    Comments on CBP data and respondent selection must be filed 
electronically using ACCESS. An electronically-filed document must be 
received successfully, in its entirety, by ACCESS no later than 5:00 
p.m. ET on the specified deadline.

Distribution of Copies of the Petition

    In accordance with section 702(b)(4)(A) of the Act and 19 CFR 
351.202(f), a copy of the public version of the Petition has been 
provided to the GOA via ACCESS. To the extent practicable, Commerce 
will attempt to provide a copy of the public version of the Petition to 
each exporter named in the Petition, as provided under 19 CFR 
351.203(c)(2).

ITC Notification

    Commerce will notify the ITC of our initiation, as required by 
section 702(d) of the Act.

Preliminary Determination by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petition was filed, whether there is a reasonable 
indication that imports of WGJC from Argentina are materially injuring 
or threatening material injury to a U.S. industry.\36\ A negative ITC 
determination will result in this investigation being terminated.\37\ 
Otherwise, this investigation will proceed according to statutory and 
regulatory time limits.
---------------------------------------------------------------------------

    \36\ See section 733(a) of the Act.
    \37\ Id.
---------------------------------------------------------------------------

Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
Evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by Commerce; and (v) evidence other than factual 
information described in (i)-(iv). Any party, when submitting factual 
information, must specify under which subsection of 19 CFR 
351.102(b)(21) the information is being submitted and, if the 
information is submitted to rebut, clarify, or correct

[[Page 24949]]

factual information already on the record, provide an explanation 
identifying the information already on the record that the factual 
information seeks to rebut, clarify, or correct.\38\ Time limits for 
the submission of factual information are address in 19 CFR 351.301, 
which provide specific time limits based on the type of factual 
information being submitted. Interested parties should review the 
regulations prior to submitting factual information in this 
investigation.
---------------------------------------------------------------------------

    \38\ See 19 CFR 351.301(b).
---------------------------------------------------------------------------

Extensions of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301 or as 
otherwise specified by the Secretary. In general, an extension request 
will be considered untimely if it is filed after the expiration of the 
time limit established under 19 CFR 351.301. For submissions that are 
due from multiple parties simultaneously, an extension request will be 
considered untimely if it is filed after 10:00 a.m. ET on the due date. 
Under certain circumstances, Commerce may elect to specify a different 
time limit by which extension requests will be considered untimely for 
submissions which are due from multiple parties simultaneously. In such 
a case, Commerce will inform parties in a letter or memorandum of the 
deadline (including a specified time) by which extension requests must 
be filed to be considered timely. An extension request must be made in 
a separate, stand-alone submission; under limited circumstances 
Commerce will grant untimely-filed requests for the extension of time 
limits. Parties should review Commerce's regulations concerning the 
extension of time limits prior to submitting extension requests in this 
investigation.\39\
---------------------------------------------------------------------------

    \39\ See 19 CFR 351.301; see also Extension of Time Limits; 
Final Rule, 78 FR 57790 (September 20, 2013), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
---------------------------------------------------------------------------

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\40\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\41\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
---------------------------------------------------------------------------

    \40\ See section 782(b) of the Act.
    \41\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also 
frequently asked questions regarding the Final Rule, available at 
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
---------------------------------------------------------------------------

Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. Instructions for filing such 
applications may be found on the Commerce website at https://enforcement.trade.gov/apo. Parties wishing to participate in this 
investigation should ensure that they meet the requirements of 19 CFR 
351.103(d) (e.g., by filing a letter of appearance). Note that Commerce 
has temporarily modified certain of its requirements for serving 
documents containing business proprietary information, until further 
notice.\42\
---------------------------------------------------------------------------

    \42\ See Temporary Rule.
---------------------------------------------------------------------------

    This notice is issued and published pursuant to sections 702 and 
777(i) of the Act and 19 CFR 351.203(c).

    Dated: April 20, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Investigation

    The scope of this investigation covers white grape juice 
concentrate with a Brix level of 65 to 68, whether in frozen or non-
frozen forms. White grape juice concentrate is concentrated grape 
juice produced from grapes of the Vitis vinifera L. species with a 
white flesh, including fresh market table grapes and raisin grapes 
(e.g., Thompson Seedless), as well as several varietals of wine 
grapes (e.g., Chardonnay, Chenin Blanc, Sauvignon Blanc, Colombard, 
etc.). The scope of this investigation covers white grape juice 
concentrate regardless of whether it has been certified as kosher, 
organic, or organic kosher. The white grape juice concentrate 
subject to this investigation consists of 100 percent grape juice 
with no other types of juice intermixed and no additional sugars or 
additives included.
    The scope does not cover white grape juice concentrate produced 
from grapes of the Vitis labrusca species (e.g., Niagara).
    The products covered by this investigation are currently 
classified under the following Harmonized Tariff Schedule of the 
United States (HTSUS) subheadings: 2009.69.0040 and 2009.69.0060. 
The HTSUS subheadings and specifications are provided for 
convenience and customs purposes; the written description of the 
scope is dispositive.

[FR Doc. 2022-08956 Filed 4-26-22; 8:45 am]
BILLING CODE 3510-DS-P