AD: Brazil Certain Orange Juice

However, the ITA needs additional time and information to determine whether a certain percentage of the domestic industry supports this petition (a certain percentage of domestic industry support is required for an AD investigation to be initiated). As a result, it has extended the deadline for determining whether or not to initiate this investigation to no later than February 7, 2005 (rather than within 20 days of its receipt of this petition).

ITA Seeks Information from Domestic Industry to Determine Whether to Initiate

Because the petition has not established that domestic producers or workers accounting for more than 50% of the total production of the domestic like product support the petition, the ITA must poll or otherwise determine the industry's support for the petition. To this end, the ITA is requesting that all domestic producer/manufacturers of certain orange juice submit via fax to the ITA a response to certain questions posted at http://ia.ita.doc.gov/download/brazil-oj/brazil-oj-polling-questionnaire.pdf no later than January 26, 2005.

See ITA's notice details of the filing requirements. Interested parties should also note that the filing requirements in 19 CFR 351.303 have been waived for certain parties due to the short period of time in which ITA must make its determination.

ITA Notice Outlines Petition's Scope, Exclusions, and Applicable HTS Numbers

The following are details of the scope of the petition on certain orange juice from Brazil:

Scope of the Petition. The product under investigation is 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).

Scope covers only FCOJM producers/exporters excluded from existing Brazil FCOJ AD duty order. The ITA notes that there is an existing AD duty order on frozen concentrated orange juice (FCOJ) from Brazil (A-351-605). Therefore, the scope with regard to FCOJM covers only FCOJM produced and/or exported by these companies who were excluded or revoked from the existing AD duty order on FCOJ from Brazil as of December 27, 2004. See ITA notice for a list of those companies. (See ITT's Online Archives or 06/21/02 news, 02062155, for BP summary of the most recent final results of AD duty administrative review for FCOJ from Brazil.)

HTS Subheadings. The subject merchandise is currently classifiable in HTS 2009.11.00, 2009.12.25, 2009.12.45, and 2009.19.00. However, ITA states that these subheadings are provided for convenience and U.S. Customs and Border Protection (CBP) purposes only and are not dispositive, but rather the written description of the scope of this investigation is dispositive.

Reconstituted juice & juice for retail excluded from the scope. The ITA states that reconstituted orange juice and frozen orange juice for retail (FCOJR) are excluded from the scope of the investigation. Reconstituted orange juice is produced through further manufacture of FCOJM, by adding water, oils, and essences to the orange juice concentrate. FCOJR is concentrated orange juice, typically at 42 Brix, in a frozen state, packed in retail sized containers ready for sale to consumers. According to the ITA, FCOJR, a finished consumer product, is produced through further manufacture of FCOJM, a bulk manufacturer's product.

(See ITT's Online Archives or 01/10/05 news, 05011060, for BP summary of the ITC's notice of institution of an AD injury investigation on certain orange juice from Brazil.)

ITA Contact - Elizabeth Eastwood (202) 482-3874

ITA Notice (FR Pub 01/25/05) available athttp://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-1355.pdf