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Final Determination in the Antidumping Duty Investigation on
Imports of Orange Juice from Brazil
On January 9, the Department of Commerce announced its final determination
in the antidumping duty investigation of certain orange juice from Brazil.
The Department found that certain producers/exporters in Brazil sold orange
juice in the U.S. market at less than fair value, with margins ranging
from 9.73 to 60.29 percent. As a result of this final determination, the
Department will instruct U.S. Customs and Border Protection to collect
a cash deposit or bond at the rate of the final margins on imports of
merchandise subject to this investigation.
Next Steps: The International
Trade Commission (ITC) is scheduled to issue its final injury determination
on or before February 21. Should the ITC make a final affirmative determination
that imports from Brazil materially injure, or threaten material injury
to, the domestic industry, the Department will issue an antidumping duty
order and instruct U.S. Customs and Border Protection to collect cash
deposits on imports of subject merchandise. If the ITC makes a negative
determination, the investigation will be terminated and no order will
Adverse Facts Available: The
antidumping margin of 60.29 percent for one of the mandatory respondents,
Montecitrus Trading S.A. (Montecitrus), is based on total adverse facts
available because the company withdrew its participation from the investigation.
Critical Circumstances: The petitioners
alleged that critical circumstances exist with respect to imports of subject
merchandise from Brazil. The Department determined that there is sufficient
evidence to warrant a finding that critical circumstances exist with respect
to imports from all
Brazilian producers/exporters except Fischer S/A - Agroindustria.
Petitioners: The petitioners in
this investigation are Florida Citrus Mutual; A. Duda & Sons (dba
Citrus Belle); Citrus World, Inc.; and Southern Garden Citrus Processing
Corp., (dba Southern Gardens). All petitioners are located in Florida.
Product Description: The product
under investigation is certain orange juice for transport and/or further
manufacturing, produced in two different forms: (1) frozen concentrated
orange juice (FCOJ) and (2) pasteurized single-strength orange juice which
has not been concentrated, referred to as Not-From-Concentrate (NFC).
Previous Antidumping Order: There
was an order on FCOJ from Brazil that was revoked in April 2005 at the
completion of a five-year sunset review. The current investigation covers
both FCOJ and NFC. Because the initiation of this investigation preceded
the revocation of that order, this investigation is somewhat limited in
coverage: with respect to FCOJ, it covers only those companies that were
excluded or revoked from the previous FCOJ order (i.e., Cargill
Citrus Limitada; Sucocitrico Cutrale S.A.; Fischer S/A - Agroindustria;
Montecitrus, and Coinbra-Frutesp); with respect to NFC, it is countrywide
and includes all companies that produce NFC.
Final Dumping Margins:
* This will take place only in the event of final affirmative determinations by both the Department and the ITC.
Source: U.S. ITC Trade DataWeb for HTS categories 20091100, 20091225, 20091245, and 20091900
* These values include imports from all Brazilian companies, not just those specifically covered by the investigation
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