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Preliminary Determination in the Antidumping Duty Investigation on
Imports of Orange Juice from Brazil (A-351-840)
On August 17, the
Department of Commerce announced its preliminary determination in the
antidumping duty investigation of certain orange juice from Brazil.
The Department preliminarily found that producers/exporters in Brazil,
sold orange juice in the U.S. market at less than fair value, with margins
ranging from 24.62 to 60.29 percent. As
a result of this preliminary determination, the Department will instruct
U.S. Customs and Border Protection to collect a cash deposit or bond at
the rate of the preliminary margins on imports of merchandise subject
to this investigation.
Next Steps: The Department will
consider all submitted comments from interested parties along with other
record evidence before making its final determination in January 2006.
If the Department makes a final determination that imports were sold below
fair value in this investigation, and the International Trade Commission
(ITC) makes a final affirmative determination that imports from Brazil
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
The antidumping margin of 60.29 percent for one of the mandatory respondents,
Montecitrus Industria e Comercio Limitada,
is based on total adverse facts available as the company withdrew its
participation from the investigation.
The petitioners alleged that critical circumstances exist with respect
to imports of subject merchandise from Brazil. The Department has preliminarily
determined that there is sufficient evidence to warrant a finding that
critical circumstances exist with respect to imports from producers/exporters
subject to this investigation.
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;
and Montecitrus Industria e Comercio Limitada)1;
with respect to NFC, it is countrywide and includes all companies that
Preliminary Dumping Margins:
* This will take place only in the event of a final affirmative determination by the Department of Commerce.
** 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
1 Two additional companies, Coopercitrus Industrial Frutesp and Frutropic S.A., were revoked from the order. Because these companies changed ownership prior to the initiation of this case, the Department is currently considering whether the exports of the "new" company, COINBRA-Frutesp, are included within the scope of this investigation. The Department will issue a ruling on this matter no later than the final determination.
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