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AD: Brazil Certain Orange Juice

The International Trade Administration has issued its final results of the antidumping duty administrative review of certain orange juice from Brazil for the period of August 24, 2005 through February 28, 2007.

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AD Cash Deposit Instructions for a Time of Entry on or after 08/11/08:

CompanyAD Cash Deposit Rate or Note
Fischer S.A. Comercio, Industria, and Agricultura4.81%
Sucocitrico Cutrale, S.A.(a)
Other Companies(b),(c),(d)

(a) The ITA has found a de minimis AD duty rate of 0.45% for Cutrale, therefore, no cash deposit is required; however, it is still subject to the order;

(b) For previously investigated companies not listed above, the AD duty cash deposit rate will continue to be the company-specific rate published for the most recent period;

(c) If the exporter is not a firm covered in this review, or the AD investigation, but the manufacturer is, the AD duty cash deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; and

(d) The AD duty cash deposit rate for all other manufacturers or exporters will continue to be 16.51%, the all-others rate established in the AD investigation.

Assessment Instructions for the Review Period (08/24/05 - 02/28/07)

The ITA intends to issue assessment instructions to U.S. Customs and Border Protection 15 days after August 11, 2008. The ITA has calculated importer-specific ad valorem or importer-specific per-unit duty assessment rates for subject merchandise. The ITA will instruct CBP to liquidate without regard to AD duties any entries for which the assessment rate is de minimis.

The ITA adds that for entries of subject merchandise during the review period produced by companies included in these final results of review for which the reviewed companies did not know their merchandise was destined for the U.S., the ITA will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction.

This clarification will also apply to entries of subject merchandise during the review period produced by companies for which the ITA is rescinding the review based on certifications of no shipments, because these companies certified that they made no shipments of subject merchandise during the review period for which they had knowledge of U.S. destination. (See ITT's Online Archives or 06/02/03 news, 03060245, for BP summary of the ITA's May 2003 "automatic assessment" regulation.)

(See ITA notice for more information, including the scope of the order, the rescission of the review for Coinbra-Frutesp (SA), etc.

See ITT's Online Archives or 04/21/08 news, 08042155, for BP summary of the preliminary results of this AD duty administrative review.)

ITA contact - Elizabeth Eastwood (202) 482-3874

ITA notice (FR Pub 08/11/08) available at http://edocket.access.gpo.gov/2008/pdf/E8-18479.pdf