• Effective Date: Nov 15, 2016
  • Notice of Lifting of Suspension Date: Nov 15, 2016
  • Cite as: 81 FR 74395 • Cite date: Oct 26, 2016

1. The Department of Commerce published in the Federal Register on 10/26/2016 (81 FR 74395) the Notice of Suspension of the Antidumping Duty Investigation on Lemon Juice from Argentina, effective 10/20/2016.

2. The merchandise covered by the Agreement is lemon juice for further manufacture, with or without addition of preservatives, sugar, or other sweeteners, regardless of the GPL (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 of 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% 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 Harmonized Tariff Schedule of the United States (HTSUS). While HTSUS subheadings are provided for convenience and customs purposes, our written description of the scope of this Agreement is dispositive.

3. Message number 6306311, dated November 1, 2016, notified U.S. Customs and Border Protection (CBP) of the 2016 Suspension Agreement on lemon juice from Argentina and instructed CBP to suspend liquidation of entries of lemon juice from Argentina, effective October 26, 2016 pursuant to section 734(f)(2)(B) of the Tariff Act of 1930 as amended (“the Act”).

4. The Department has not received notification that any party petitioned the ITC for a review of the suspension agreement pursuant to section 734(h) of the Act. Pursuant to section 734(h)(3) of the Act, the first day of the 20-day period was 10/27/2016 the day after the date on which the notice of the 2016 Suspension Agreement on lemon juice from Argentina was published in the Federal Register and the last day was 11/15/2016. Accordingly, for any entries of lemon juice from Argentina that were entered, or withdrawn from warehouse, for consumption on or after 10/26/2016 CBP should terminate suspension of liquidation and liquidate the entries without regard to antidumping duties (i.e., release all bonds and refund all cash deposits).

5. The interest provisions of section 778 of the Act do not apply.

6. If there are any questions by the importing public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department Of Commerce, at (202) 482 0984. CBP ports should submit their inquiries through authorized CBP channels only. (This message was generated by ITA/EC/OP/BAU: JHS).

7. There are no restrictions on the release of this information.

Alexander Amdur