On August 24, 2005 Commerce issued its preliminary determination of sales at less than fair value (LTFV) in the antidumping duty investigation of certain orange juice from Brazil for the period October 1, 2003 through September 30, 2004. Commerce had also preliminarily determined there is a reasonable basis to believe critical circumstances exist.
Commerce has now issued the final results and made changes in the margin calculations. Therefore, the final determination differs from the preliminary determination.
Commerce determined that there is a reasonable basis to believe or suspect that critical circumstances exist with respect to imports of the subject merchandise produced by Sucocitrico Cutrale, S.A., Montecitrus Trading S.A and companies covered by the “All Others” rate. Commerce also determined that there is no reasonable basis to suspect that critical circumstances exist with respect to imports produced by Fischer S/A – Agroindustria. Finally, Commerce determined that Coinbra Frutesp S.A. is the successor-in-interest to Frutropic S.A., therefore, its production and/or exports of frozen concentrated orange juice for further manufacture (FCOJM) are covered by the scope of this proceeding.
Commerce has directed Customs to continue to suspend liquidation of all imports of subject merchandise produced and/or exported by Cutrale, Montecitrus and companies subject to the “All Other” rate which are entered or withdrawn from warehouse for consumption on or after May 26, 2005. However, since Commerce found that critical circumstances do not exist with regard to subject merchandise produced and/or exported by Fischer, Commerce will instruct Customs to terminate the retroactive suspension of liquidation for Fischer between May 26 and August 24, 2005.
Exporter/Manufacturer -- Preliminary / Final
Cutrale -- 24.62 / 19.19
Fischer -- 31.04 / 9.73
Montecitrus -- 60.29 / 60.29
All Others -- 27.16 / 15.42
Commerce has notified the ITC that Coinbra-Frutesp’s production/exports of FCOJM are part of the investigation and anticipates the ITC will include these exports in its final injury determination. If the ITC’s final determination is affirmative, Commerce will instruct Customs to begin suspending liquidation of entries of FCOJM produced and/or exported by Coinbra-Frutesp after the date of publication of that determination.