MESSAGE NO: 7122201 DATE: 05 02 2007
CATEGORY: ADA TYPE: PRE
REFERENCE: REFERENCE DATE:
CASES: A - 357 - 818 - -
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PERIOD COVERED: 01 26 2007 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: NOTICE OF A PRELIMINARY DETERMINATION IN AN ANTIDUMPING
DUTY INVESTIGATION OF LEMON JUICE FROM ARGENTINA
(A-357-818)

1. ON APRIL 26, 2007, THE DEPARTMENT OF COMMERCE
PUBLISHED IN THE FEDERAL REGISTER (72 FR 20820)
ITS PRELIMINARY DETERMINATION OF SALES AT LESS
THAN FAIR VALUE AND AFFIRMATIVE PRELIMINARY
DETERMINATION OF CRITICAL CIRCUMSTANCES IN THE
ANTIDUMPING DUTY INVESTIGATION OF LEMON JUICE
FROM ARGENTINA.

2. THE MERCHANDISE COVERED BY THIS INVESTIGATION
INCLUDES CERTAIN 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, THE WRITTEN
DESCRIPTION OF THE SCOPE OF THIS INVESTIGATION IS
DISPOSITIVE.

3. FOR FURTHER REPORTING PURPOSES THIS CASE HAS
BEEN ASSIGNED INVESTIGATION NUMBER A-357-818.

4. FOR IMPORTS OF LEMON JUICE FROM ARGENTINA,
U.S. CUSTOMS AND BORDER PROTECTION (CBP) SHALL
SUSPEND LIQUIDATION OF ENTRIES OF LEMON JUICE
FROM ARGENTINA THAT ARE ENTERED, OR WITHDRAWN
FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER
JANUARY 26, 2007 (90 DAYS PRIOR TO THE
PUBLICATION OF THE PRELIMINARY DETERMINATION) IN
ACCORDANCE WITH SECTION 733(e)(2) OF THE TARIFF
ACT OF 1930, AS AMENDED. CBP SHALL REQUIRE A CASH
DEPOSIT OR THE POSTING OF A BOND EQUAL TO THE
PERCENTAGE MARGINS SHOWN BELOW FOR ENTRIES THAT
ARE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION ON OR AFTER JANUARY 26, 2007 FOR THE
MANUFACTURERS LISTED BELOW:

MANUFACTURERS CUSTOMS ID MARGIN
PERCENTAGE
CITRUSVIL, S.A. A-357-818-001 128.50
S.A. SAN MIGUEL A.G.I.C.Y F. A-357-818-002 85.64
ALL OTHERS A-357-818-000 113.52

5. IF ANY ENTRIES OF THIS MERCHANDISE ARE
EXPORTED BY A FIRM OTHER THAN THE MANUFACTURER,
THEN THE FOLLOWING INSTRUCTIONS APPLY:

A. IF THE EXPORTER OF THE SUBJECT MERCHANDISE
DOES NOT HAVE ITS OWN RATE BUT THE MANUFACTURER
HAS ITS OWN RATE, THE CASH DEPOSIT OR BONDING
RATE WILL BE THE MANUFACTURER'S RATE.

B. WHERE NEITHER THE EXPORTER NOR THE
MANUFACTURER CURRENTLY HAS ITS OWN RATE OR THE
MANUFACTURER IS UNKNOWN, USE THE 'ALL OTHERS'
RATE OF 113.52 PERCENT TO ESTABLISH THE CASH
DEPOSIT OR BONDING RATE.
6. IN ACCORDANCE WITH T.D. 85-145, AT THE
DISCRETION OF CBP, CUSTOMS OFFICERS MAY ACCEPT
EITHER A SINGLE-ENTRY BASIC IMPORTATION AND ENTRY
BOND OR A CONTINUOUS BASIC IMPORTATION AND ENTRY
BOND ONLY IF THE AMOUNT OF THE ESTIMATED
ANTIDUMPING OR COUNTERVAILING DUTY IS LESS THAN
FIVE PERCENT AD VALOREM (OR THE EQUIVALENT).
OTHERWISE, WHERE THE IMPORTER HAS THE OPTION TO
POST A BOND FOR ESTIMATED ANTIDUMPING OR
COUNTERVAILING DUTIES, CUSTOMS OFFICERS MUST
REQUIRE A SINGLE-ENTRY BASIC IMPORTATION AND
ENTRY BOND PURSUANT TO T.D. 85-145. YOU ARE
INSTRUCTED TO ADHERE TO THE REQUIREMENTS OF T.D.
85-145 WITH RESPECT TO THESE BONDING
REQUIREMENTS.

7. THESE CASH DEPOSIT REQUIREMENTS SHALL REMAIN
IN EFFECT UNTIL FURTHER NOTICE. DO NOT LIQUIDATE
ANY ENTRIES OF MERCHANDISE INCLUDED IN THIS
INVESTIGATION UNTIL ASSESSMENT INSTRUCTIONS ARE
RECEIVED.

8. IF THERE ARE ANY QUESTIONS REGARDING THIS
MATTER BY CBP OFFICERS, THE IMPORTING PUBLIC OR
INTERESTED PARTIES, PLEASE CONTACT DAVINA HASHMI
OR RON TRENTHAM AT OFFICE OF AD/CVD OPERATIONS,
IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT
(202) 482-0984 OR (202) 482-3577 RESPECTIVELY
(GENERATED BY O6:JGR).

9. THERE ARE NO RESTRICTIONS ON THE RELEASE OF
THIS INFORMATION.


CATHY SAUCEDA