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Affirmative Preliminary Critical Circumstances Determination on Orange Juice from Brazil

Orange Juice from Brazil

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Affirmative Preliminary Critical Circumstances Determination on Orange Juice from Brazil
Commerce has directed Customs to suspend liquidation of all imports of subject merchandise entered or withdrawn from warehouse for consumption on or after 90 days prior to August 24.



Thursday, August 25, 2005
 

The Department of Commerce has issued preliminary determinations that certain orange juice from Brazil is being, or is likely to be, sold in the U.S. at less than fair value. Additionally, Commerce preliminarily determined there is a reasonable basis to believe critical circumstances exist.

In reaching a decision that critical circumstances exist, Commerce determines if there is a reasonable basis to believe or suspect that:

  1. There is a history of dumping and material injury by reason of dumped imports in the U.S. or elsewhere of the subject merchandise, or the person knew or should have known that the exporter was selling the subject merchandise at less than its fair value.
  2. There have been massive imports of the subject merchandise over a relatively short period.

Commerce has directed Customs to suspend liquidation of all imports of subject merchandise entered or withdrawn from warehouse for consumption on or after 90 days prior to August 24. Suspension of liquidation will remain in effect until further notice.

Exporter/Manufacturer -- Preliminary Margin percentage
Cutrale -- 24.62

Fischer -- 31.04

Montecitrus -- 60.29

All Others -- 27.16

The ITC will issue its determinations of whether these imports materially injur or threaten material injury to the U.S. by December. Final determinations by Commerce are expected in January.

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