AD: Brazil Certain Orange Juice

Highlights of scope of investigation. The scope of this investigation includes certain orange juice for transport and/or further manufacturing produced in two different forms: (1) frozen orange juice in a highly concentrated form, sometimes referred to as frozen concentrated orange juice for further manufacturing (FCOJM); and (2) pasteurized single-strength orange juice which has not been concentrated, referred to as Not-From-Concentrate (NFC).

As there was an existing AD duty order on frozen orange juice (FCOJ) at the time of the petition, the ITA states that the scope with regard to FCOJM covers only FCOJM produced and/or exported by those companies who were excluded or revoked from the pre-existing AD duty order (now revoked) on FCOJ from Brazil as of December 27, 2004. Those companies are Cargill, Cutrale, Fischer, Montecitrus, and Coinbra-Frutesp.

(See ITA notice for complete product description.)

AD Liability. As a result, entries of subject merchandise from Brazil will be liable for the assessment of AD duties for unliquidated entries with a time of entry on or after August 24, 2006, except as noted below:

No liability during "gap period" of 02/19/06 - 03/02/06. The ITA indicates that the six-month period for suspension of liquidation based on a preliminary determination ended on February 19, 2006. As a result, the ITA will instruct U.S. Customs and Border Protection (CBP) to terminate suspension of liquidation and to liquidate without regard to AD duties, unliquidated entries of certain orange juice from Brazil with a time of entry on or after February 19, 2006 and before March 3, 2006. Suspension of liquidation resumes on March 3, 2006.

Suspension of liquidation lifted for critical circumstances time period. As the ITC has made a final negative critical circumstances determination, the ITA will instruct CBP to lift suspension and to release any bond or other security, and refund any cash deposit made, to secure the payment of AD duties with respect to entries of the merchandise with a time of entry on or after May 26, 2005 (i.e., 90 days prior to the date of the publication of the ITA's preliminary determination in the Federal Register) but before August 24, 2005.

AD cash deposit, effective 03/03/06. According to the ITA, effective March 3, 2006, CBP will require, at the same time as imports would normally deposit estimated duties on this merchandise, an AD cash deposit at the rates (weighted-average margins) listed below:

¹ITA states that in both the initiation and the preliminary determination, it inadvertently referenced the producing company as Montecitrus Industria e Comercio Limitada, rather than as Montecitrus Trading S.A.

²According to the ITA, the "All-Others" rate for not-from-concentrate (NFC) orange juice continues to apply to all companies not named in the table above, including Coinbra-Frutesp.

³ITA has stated that the "All Others" rate only applies to frozen concentrated orange juice for further manufacturing (FCOJM) produced and/or exported by Cargill Citrus Limitada and Coinbra-Frutesp, which is the successor-in-interest to Fruitopic S.A.

(See ITA AD duty order for more information, including the scope of the order (which is unchanged from the final affirmative AD duty determination notice, etc. See ITT's Online Archives or 01/17/06 and 02/22/06 news, 06011725 and 06022220, for BP summaries of the final AD duty determination and the amended final AD duty determination, respectively.)

ITA Contact - Elizabeth Eastwood (202) 482-3874

ITA Order (FR Pub 03/09/06) available at http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/E6-3364.pdf

ITC Final Determination (Inv. No. 731-TA-1089 (Final), FR Pub 03/03/06) available athttp://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/E6-3085.pdf