AD: Brazil Frozen Concentrated Orange Juice
Effective August 5, 2004, the International Trade Administration (ITA) is revoking the antidumping (AD) duty order on frozen concentrated orange juice (FCOJ) from Brazil as the International Trade Commission (ITC) has determined that revocation of this AD duty order would not be likely to lead to continuation or recurrence of material injury to an industry in the U.S. within a reasonably foreseeable time.
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| Brazil | Frozen Concentrated Orange Juice | A-351-605 |
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The ITA will instruct U.S. Customs and Border Protection (CBP) to discontinue the suspension of liquidation and collection of cash deposits on entries of the subject merchandise with a time of entry on or after August 5, 2004. The ITA will also instruct CBP to continue to suspend liquidation of entries of the subject merchandise with a time of entry prior to August 5, 2004, and will complete any pending administrative reviews of this AD duty order and will conduct administrative reviews of these entries in response to appropriately filed requests for review.
(This revocation 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 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 likely 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.)
(See ITT's Online Archives or 03/17/05 news, 05031740, for BP summary of the ITC's vote to revoke the AD duty order.)
ITA Contact - Elizabeth Eastwood (202) 482-3874
ITA Notice (FR Pub 04/13/05) available athttp://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/E5-1710.pdf
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 the AD investigation initiation notice.)
(ITA sources have stated that the ITC issued its preliminary affirmative AD injury determination for this investigation (ITA Inv. No. A-351-840) on March 3, 2005, which is available at http://www.usitc.gov/ext_relations/news_release/2005/er0303cc1.htm)