87 FR 246 pgs. 78928-78929 - Certain Lemon Juice From the Republic of South Africa: Final Affirmative Determination of Sales at Less Than Fair Value
Type: NOTICEVolume: 87Number: 246Pages: 78928 - 78929
Pages: 78928, 78929Docket number: [A-791-827]
FR document: [FR Doc. 2022-28012 Filed 12-22-22; 8:45 am]
Agency: Commerce Department
Sub Agency: International Trade Administration
Official PDF Version: PDF Version
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-791-827]
Certain Lemon Juice From the Republic of South Africa: Final Affirmative Determination of Sales at Less Than Fair Value
AGENCY:
Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY:
The U.S. Department of Commerce (Commerce) determines that certain lemon juice (lemon juice) from the Republic of South Africa (South Africa) is being, or is likely to be, sold in the United States at less than fair value (LTFV).
DATES:
Applicable December 23, 2022.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Bremer or Zachary Shaykin, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4987 or (202) 482-2638, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 4, 2022, Commerce published the Preliminary Determination. 1 On September 15, 2022, Commerce postponed the final determination of this investigation. 2 A summary of the events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum. 3
Footnotes:
1 ? See Certain Lemon Juice From the Republic of South Africa: Preliminary Affirmative Determination of Sales at Less Than Fair Value, 87 FR 47707 (August 4, 2022) ( Preliminary Determination ), and accompanying Preliminary Decision Memorandum.
2 ? See Certain Lemon Juice From the Republic of South Africa: Postponement of Final Determination and Extension of Provisional Measures, 87 FR 56631 (September 15, 2022).
3 ? See Memorandum, "Issues and Decision Memorandum for the Final Affirmative Determination in the Less-Than-Fair-Value Investigation of Certain Lemon Juice From the Republic of South Africa," dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum)
Period of Investigation
The period of investigation is October 1, 2020, through September 30, 2021.
Scope of the Investigation
The products covered by this investigation are certain lemon juice from South Africa. For a complete description of the scope of this investigation, see Appendix I.
Scope Comments
No interested party commented on the scope of the investigation as it appeared in the Preliminary Determination. Therefore, no changes were made to the scope of the investigation.
Analysis of Comments Received
All issues raised in the case briefs and rebuttal briefs submitted by interested parties in this proceeding are discussed in the Issues and Decision Memorandum. A list of the issues raised by parties and responded to by Commerce in the Issues and Decision Memorandum is attached to this notice as Appendix II. The Issues and Decision Memorandum is a public document and is available electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Verification
Commerce conducted verification of the information relied upon in making its final determination in this investigation with respect to Cape Fruit Processors (Pty) Ltd. (Cape Fruit), in accordance with section 782(i) of the Tariff Act of 1930, as amended (the Act). 4 Specifically, Commerce conducted on-site verifications of the home market sales, U.S. sales, and cost of production responses submitted by Cape Fruit.
Footnotes:
4 ? See Memoranda, "Verification of the Sales Questionnaire Responses of Cape Fruit Processors (Pty) Ltd. in the Antidumping Duty Investigation of Certain Lemon Juice from the Republic of South Africa," dated October 4, 2022; and " Verification of the Cost Responses of Cape Fruit Processors (Pty) Ltd. in the Antidumping Duty Investigation of Lemon Juice from the Republic of South Africa," dated October 5, 2022.
Changes Since the Preliminary Determination
Based on our analysis of the comments received and additional information obtained since our preliminary findings, we made certain changes to the margin calculation for Cape Fruit and certain changes to the rate for Granor Passi (Pty) Ltd. (Granor Passi) after the Preliminary Determination. For a discussion of these changes, see the Issues and Decision Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated weighted-average dumping margin for all other producers and exporters not individually investigated shall be equal to the weighted average of the estimated weighted-average dumping margins established for individually investigated exporters and producers, excluding any margins that are zero or de minimis or any margins determined entirely under section 776 of the Act.
In this investigation, Commerce assigned a rate based entirely on facts available to Granor Passi. Therefore, the only rate that is not zero, de minimis, or based entirely on facts otherwise available is the rate calculated for Cape Fruit. Consequently, the rate calculated for Cape Fruit is also assigned as the rate for all other producers and exporters.
Final Determination
The estimated weighted-average dumping margins are as follows:
| Exporter/producer | Weighted- average dumping margin (percent) |
|---|---|
| Cape Fruit Processors (Pty) Ltd | 47.89 |
| Granor Passi (Pty) Ltd | *?73.69 |
| All Others | 47.89 |
| *?Based on total facts available with adverse inferences (AFA). For a full description of the methodology underlying our conclusions regarding the application of AFA, see the Issues and Decision Memorandum. | |
Disclosure
Commerce intends to disclose its calculations and analysis performed to interested parties in this final determination within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we will instruct U.S. Customs and Border Protection (CBP) to continue the suspension of liquidation of all appropriate entries of subject merchandise, as described in Appendix I of this notice, which were entered, or withdrawn from warehouse, for consumption on or after August 4, 2022, the date of publication of the Preliminary Determination in this investigation in the Federal Register .
[top] Pursuant to section 735(c)(1)(B)(ii) of the Act, we will instruct CBP to require a cash deposit equal to the estimated
U.S. International Trade Commission Notification
In accordance with section 735(d) of the Act, Commerce will notify the U.S. International Trade Commission (ITC) of its final affirmative determination of sales at LTFV. Because the final determination in this proceeding is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, no later than 45 days after our final determination. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated, and all cash deposits will be refunded. If the ITC determines that material injury or threat of material injury does exist, Commerce will issue an antidumping duty order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise, entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation.
Administrative Protective Order
This notice serves as the only reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a violation subject to sanction.
Notification to Interested Parties
This determination is issued and published in accordance with sections 735(d) and 777(i) of the Act, and 19 CFR 351.210(c).
Dated: December 19, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The product covered by this investigation is certain lemon juice. Lemon juice is covered: (1) with or without addition of preservatives, sugar, or other sweeteners; (2) regardless of the GPL (grams per liter of citric acid) level of concentration, brix level, brix/acid ratio, pulp content, clarity; (3) regardless of the grade, horticulture method ( e.g., organic or not), processed form ( e.g., frozen or not-from-concentrate), the size of the container in which packed, or the method of packing; and (4) regardless of the U.S. Department of Agriculture Food and Drug Administration (FDA) standard of identity (as defined under 19 CFR 146.114 et seq. ) ( i.e., whether or not the lemon juice meets an FDA standard of identity).
Excluded from the scope are: (1) lemon juice at any level of concentration packed in retail-sized containers ready for sale to consumers; and (2) beverage products, such as lemonade, that contain 20 percent or less lemon juice as an ingredient by actual volume. "Retail-sized containers" are defined as lemon juice products sold in ready-for-sale packaging ( e.g., clearly visible branding, nutritional facts listed, etc. ) containing up to 128 ounces of lemon juice by actual volume.
The scope also includes certain lemon juice that is blended with certain lemon juice from sources not subject to this investigation. Only the subject lemon juice component of such blended merchandise is covered by the scope of this investigation. Blended lemon juice is defined as certain lemon juice with two distinct component parts of differing country(s) of origin mixed together to form certain lemon juice where the component parts are no longer individually distinguishable.
The product subject to this investigation is currently classifiable under subheadings 2009.31.4000, 2009.31.6020, 2009.31.6040, 2009.39.6020, and 2009.39.6040 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this investigation is dispositive.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Changes Since the Preliminary Determination
V. Discussion of the Issues
Comment 1: Whether to Apply Total Adverse Facts Available (AFA) to Cape Fruit Processors
Comment 2: Whether to Continue to Apply Total AFA to Granor Passi
VI. Recommendation
[FR Doc. 2022-28012 Filed 12-22-22; 8:45 am]
BILLING CODE 3510-DS-P