Commerce preliminarily determined lemon juice from Mexico and Argentina are being, or are likely to be, sold in the United States at less than fair value. The period of investigation is July 1, 2005 through June 30, 2006.
The scope of this investigation includes lemon juice for further manufacture, with or without addition of preservatives, sugar or other sweeteners, regardless of the GPS (grams per liter of citric acid) level of concentration, brix level, brix/acid ratio, pulp content, clarity, grade, horticulture method (e.g. organic or not) processed form (e.g. frozen or not-from-concentrate), FDA standard of identity, the size of the container in which packed, or the method packing.
Excluded from the scope are (1) lemon juice at any level of concentration packed in retail-sized containers ready for sale to consumers, typically at a level of concentration of 48 GPL; and (2) beverage products such as lemonade that typically contain 20 percent or less lemon juice as an ingredient.
Lemon juice is classifiable under subheadings 2009.39.6020, 2009.31.6020, 2009.31.4000, 2009.31.6040 and 2009.39.6040 of the HTSUS.
Customs will suspend liquidation of entries of the subject imports and importers will be required to make a deposit with Customs at the time of entry of the product into the United States in an amount equal to the estimated dumping margin (for example, if the product is valued at $100, and the estimated dumping margin is 20 percent, a deposit of $20 must be paid to Customs at the time of importation).
Critical Circumstances
“Critical Circumstances” were preliminarily found with regard to merchandise exported from Mexico for Citrotam/Pronacit but do not apply to Coca-Cola or companies in the “all others” category. In addition, “Critical Circumstances” were preliminarily found with regard to all imports of lemon juice produced in and exported from Argentina. This means Commerce determined there was a surge of imports from these companies in the period immediately after the antidumping duty petition was filed. While the liquidation changes noted above go into effect April 26 for most imports, liquidation of imports of product from companies subject to critical circumstances is suspended retroactively 90 days.
Commerce will make a final determination concerning critical circumstances for all producers/exporters when final dumping determinations are issued in July.
Company -- Weighted-Average Margin
Argentina
Citrusvil -- 128.50
San Miguel -- 85.64
All Others -- 113.52
Mexico
The Coca-Cola Export Corporation, Mexico Branch -- 146.10
Citrotam Internacional S.P.R. de R.L. (Citrotam) / Productos -- 205.37
Naturales de Citricos (Pronacit)All Others -- 146.10
