[Federal Register: August 5, 1999 (Volume 64, Number 150)] [Notices] [Page 42660-42661] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr05au99-56] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-351-605] Continuation of Antidumping Duty Order: Frozen Concentrated Orange Juice From Brazil. AGENCY: Import Administration, International Trade Administration, Department of Commerce. ACTION: Notice of continuation of antidumping duty order: frozen concentrated orange juice from Brazil. ----------------------------------------------------------------------- SUMMARY: On April 7, 1999, the Department of Commerce (``the Department''), pursuant to sections 751(c) and 752 of the Tariff Act from 1930, as amended (``the Act''), determined that revocation of the antidumping duty order on frozen concentrated orange juice from Brazil would be likely to lead to continuation or recurrence of dumping (64 FR 16901 (April 7, 1999)). On May 21, 1999, the International Trade Commission (``the Commission''), pursuant to section 751(c) of the Act, determined that revocation of the antidumping duty order on frozen concentrated orange juice from Brazil would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time (64 FR 27806 (May 21, 1999)). Therefore, pursuant to 19 CFR 351.218(f)(4), the Department is publishing notice of the continuation of the antidumping duty order on frozen concentrated orange juice from Brazil. FOR FURTHER INFORMATION CONTACt: Scott E. Smith or Melissa G. Skinner, Office of Policy for Import Administration, International Trade [[Page 42661]] Administration, U.S. Department of Commerce, 14th and Constitution Ave., NW, Washington, D.C. 20230; telephone: (202) 482-6397 or (202) 482-1560, respectively. Effective Date: May 28, 1999. Background On December 2, 1998, the Department initiated, and the Commission instituted, a sunset review (63 FR 66527 and 63 FR 66527, respectively) of the antidumping duty order on frozen concentrated orange juice from Brazil pursuant to section 751(c) of the Act. As a result of this review, the Department found that revocation of the antidumping duty order would likely lead to continuation or recurrence of dumping and notified the Commission of the magnitude of the margin likely to prevail were the order to be revoked (see Final Results of Expedited Sunset Review: Frozen Concentrated Orange Juice from Brazil, 64 FR 16901 (April 7, 1999)). On May 21, 1999, the Commission determined, pursuant to section 751(c) of the Act, that revocation of the antidumping duty order on frozen concentrated orange juice from Brazil would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time (see Frozen Concentrated Orange Juice from Brazil, 64 FR 27806 (May 21, 1999) and USITC Pub. 3195, Inv. No. 731-TA-326 (Review) (May 1999)). Scope The merchandise covered by this antidumping duty orders is frozen concentrated orange juice from Brazil. The merchandise is currently classifiable under subheading 2009.11.00 of the Harmonized Tarriff Schedule (HTS). The HTS subheading is provided for convenience and customs purposes. The written description remains dispositive. Determination As a result of the determinations by the Department and the Commission that revocation of this antidumping duty order would be likely to lead to continuation or recurrence of dumping and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act, the Department hereby orders the continuation of the antidumping duty order on frozen concentrated orange juice from Brazil. The Department will instruct the U.S. Customs Service to continue to collect antidumping duty deposits at the rate in effect at the time of entry for all imports of subject merchandise. Pursuant to section 751(c)(6)(A)(iii) of the Act, any subsequent five-year review of this order will be initiated not later than the fifth anniversary of the effective date of continuation of this order. Normally, the effective date of continuation of a finding, order, or suspension agreement will be the date of publication in the Federal Register of the Notice of Continuation. As provided in 19 CFR 351.218(f)(4), the Department normally will issue its determination to continue a finding, order, or suspended investigation not later than seven days after the date of publication in the Federal Register of the Commission's determination concluding the sunset review and immediately thereafter will publish its notice of continuation in the Federal Register. In the instant case, however, the Department's publication of the Notice of Continuation was delayed. The Department has explicitly indicated that the effective date of continuation of this order is May 28, 1999, seven days after the date of publication in the Federal Register of the Commission's determination. As a result, pursuant to sections 751(c)(2) and 751(c)(6)(A) of the Act, the Department intends to initiate the next five-year review of this order not later than April 2004. Dated: July 30, 1999. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. [FR Doc. 99-20213 Filed 8-4-99; 8:45 am] BILLING CODE 3510-DS-P