The United States International Trade Commission (ITC or Commission) today determined that a U.S. industry is materially injured by reason of imports of certain orange juice from Brazil that the U.S. Department of Commerce has determined are sold in the United States at less than fair value.

Chairman Stephen Koplan and Commissioners Charlotte R. Lane and Shara L. Aranoff voted in the affirmative. Vice Chairman Deanna Tanner Okun and Commissioners Jennifer A. Hillman and Daniel R. Pearson voted in the negative.

As a result of the Commission's affirmative determination, the Department of Commerce will issue an antidumping duty order on imports of certain orange juice from Brazil.

The Commission's public report Certain Orange Juice from Brazil (Investigation No. 731-TA-1089 (Final), USITC Publication 3838, February 2006) will contain the views of the Commission and information developed during the investigation.

Copies may be obtained after March 14, 2006, 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:

The products covered by this investigation are frozen concentrated orange juice of 51 degrees or greater Brix in a frozen state for further manufacturing (FCOJM), and not-from-concentrate pasteurized orange juice (NFCOJ), collectively referred to as "certain orange juice" from Brazil. Excluded from the scope of the investigation are imports of reconstituted orange juice and frozen concentrated orange juice for retail. The scope of the investigation with regard to FCOJM covers only FCOJM produced and/or exported by those companies which were excluded or revoked from the pre-existing antidumping order on FCOJ from Brazil as of December 27, 2004. The merchandise subject to this investigation is provided for in subheading 2009.11.00 (frozen orange juice); 2009.12.25 and 2009.12.45, and 2009.19.00 (orange juice, not frozen and other) of the Harmonized Tariff Schedule of the United States (HTS).

Status of Proceedings:

1.  Type of investigation:  Final antidumping.
2.  Petitioners:  Florida Citrus Mutual (FCM), A. Duda & Sons, Inc. (A. Duda), Citrus World,
         Inc. (Citrus World), and Southern Garden Citrus Processing Corp. (Southern Gardens).
3.  Final Investigation instituted by USITC:  August 24, 2005.
4.  Hearing:  January 10, 2006.
5.  USITC vote:  February 8, 2006.
6.  USITC notification of Department of Commerce:  February 21, 2006.  

U.S. Industry:

1.  Number of U.S. extractors/processors in 2005:  20.   
    Number of U.S. growers:  Approximately 11,000.
2.  U.S. production of certain orange juice for crop year 2004/05:  965 million pounds solids. 
3.  Employment of production and related workers in 2004/05:  3,040.
4.  U.S. producers' U.S. shipments in 2004/05:  1,049 million pound solids.  
5.  U.S. apparent consumption in 2004/05:  1,501 million gallons SSE.  
6.  Ratio of quantity of subject imports to U.S. apparent consumption in 2004/05:  15.4 percent.

U.S. Imports:
1.  Quantity of subject imports in 2004/05:  232 million gallons SSE
2.  Value of subject imports in 2004/05:  $232 million.