The United States International Trade Commission (ITC) today determined that an industry in the United States is materially injured by reason of imports of certain non-frozen concentrated apple juice from China that the Department of Commerce has determined are sold in the United States at less than fair value.

Vice Chairman Marcia E. Miller and Commissioners Jennifer A. Hillman, Stephen Koplan, Thelma J. Askey, and Deanna Tanner Okun voted in the affirmative. Chairman Lynn M. Bragg did not participate in this investigation.

As a result of the Commission's affirmative determination, the U.S. Department of Commerce will direct the U.S. Customs Service to impose antidumping duties on imports of certain non- frozen concentrated apple juice from China.

The Commerce Department previously made an affirmative critical circumstances determination with respect to these imports. Therefore, the Commissioners who made an affirmative determination today are required to determine whether those imports are likely to undermine seriously the remedial effect of the antidumping duty order Commerce will issue. The Commission made a negative determination concerning critical circumstances with respect to these imports. As a result of the Commission's negative determination regarding critical circumstances, the antidumping duty order concerning these imports will not apply to goods that entered the United States prior to November 23, 1999, the date of publication in the Federal Register of the Department of Commerce's affirmative preliminary determination.

The Commission's public report Certain Non-Frozen Concentrated Apple Juice from China (Investigation No. 731-TA-841 (Final), USITC Publication 3303, May 2000) will contain the views of the Commission and information developed during the investigation.

Copies may be obtained after June 12, 2000, by calling 202-205-1809 or from the Office of the Secretary, 500 E Street SW, Washington, DC 20436. Requests may also be made by fax to 202-205-2104.

Product Description: For purposes of this investigation, non-frozen concentrated apple juice is all non-frozen concentrated apple juice with a Brix scale of 40 or greater, whether or not containing added sugar or other sweetening matter, and whether or not fortified with vitamins or minerals. Excluded from the definition of this product are frozen concentrated apple juice, non-frozen concentrated apple juice that has been fermented, and non-frozen concentrated apple juice to which spirits have been added. Non-frozen concentrated apple juice is covered by subheading 2009.70.00 of the Harmonized Tariff Schedule of the United States (HTS).

Status of Proceedings:

1. Type of investigation: Final antidumping.
2. Petitioners:  Coloma Frozen Foods, Inc.; Green Valley Packers; Knouse Foods 
      Cooperative, Inc.; Mason County Fruit Packers Co-op, Inc.; and Tree Top, Inc.
3. Investigation instituted by USITC:  June 7, 1999.
4. Hearing:  April 10, 2000.
5. USITC vote: May 15, 2000.
6. USITC notification of Department of Commerce:  May 22, 2000.


U.S. Industry:

1. Number of U.S. operations that processed apple juice concentrate in 1999:  16.
2. Location of processors' plants:  Washington, California, Michigan, Pennsylvania, and
      New York.
3. Employment of production and related workers in 1999:  317.
4. U.S. producers' shipments in 1999:  83,765 short tons (valued at $69.7 million).
5. U.S. apparent consumption in 1999:  340,844 short tons (valued at $299.8 million).
6. Ratio of quantity of total imports to U.S. apparent consumption in 1999:  Total, 75.4 percent; 
      China, 10.2 percent; Argentina, 25.3 percent; Chile, 15.5 percent.


U.S. Imports:

1. Quantity of subject imports in 1999: (1) 
2. Value of subject imports in 1999:  (1)

(1) Withheld to avoid disclosure of business proprietary information.