AD: Brazil Frozen Concentrated Orange Juice
The International Trade Commission (ITC) has issued a press release stating that on March 15, 2005, all six commissioners voted to revoke the existing antidumping (AD) duty order on frozen concentrated orange juice (FCOJ) from Brazil (A-351-605).
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According to the press release, the ITC commissioners determined that the revocation of this existing order would not be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
(This action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act (URAA), which according to 19 CFR 351.218(a), requires the International Trade Administration (ITA) to revoke an AD or countervailing (CV) duty order, or terminate a suspension agreement, after five years unless it is found that revocation would be likely to lead to both (1) a continuation or recurrence of dumping or a countervailable subsidy and (2) material injury to a U.S. industry within a reasonably foreseeable time.
A negative determination either by the ITA with respect to (1) or by the ITC with respect to (2) results in the revocation of the AD and/or CV duty order.)
ITC press release 05-025 on Inv. 731-TA-326 (2nd Review), (dated 03/15/04), available at http://www.usitc.gov/ext_relations/news_release/2005/er0315cc1.htm
BP Notes
According to ITA sources, a newly initiated AD investigation (A-351-840) on certain orange juice from Brazil is a separate proceeding, and is unaffected by the above action. (See ITT's Online Archives or 02/14/05 news, 05021440 for BP summary of AD initiation notice.)
(ITA sources add that the ITC issued its preliminary affirmative AD injury determination for A-351-840 on March 3, 2005, which is available at http://www.usitc.gov/ext_relations/news_release/2005/er0303cc1.htm .)