MESSAGE NO: 7122206
DATE: 05 02 2007
CATEGORY: ADA
TYPE: PRE
REFERENCE:
REFERENCE DATE:
CASES:
A - 201 - 835
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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 MEXICO
(A-201-835)
1.
ON APRIL 26, 2007, THE DEPARTMENT OF COMMERCE PUBLISHED IN
THE FEDERAL REGISTER ITS PRELIMINARY DETERMINATION OF SALES AT
LESS THAN FAIR VALUE IN THE ANTIDUMPING DUTY INVESTIGATION OF
LEMON JUICE FROM MEXICO.
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-201-835.
4.
FOR IMPORTS OF LEMON JUICE FROM MEXICO, U.S. CUSTOMS AND
BORDER PROTECTION (CBP) SHALL SUSPEND LIQUIDATION OF SUCH
SHIPMENTS ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION
ON OR AFTER APRIL 26, 2007.
IN ADDITION, FOR ENTRIES
MANUFACTURED AND/OR EXPORTED BY THE FIRMS CITROTAM INTERNACIONAL
S.P.R. DE R.L. OR PRODUCTOS NATURALES DE CITRICOS (PRONACIT),
CBP SHALL SUSPEND LIQUIDATION OF ENTRIES MADE ON OR AFTER
JANUARY 26, 2007, WHICH IS 90 DAYS PRIOR TO THE PUBLICATION OF
THE NOTICE, 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 MARGIN SHOWN BELOW FOR ENTRIES ENTERED, OR
WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER JANUARY
26, 2007, FOR THE MANUFACTURERS LISTED BELOW:
MANUFACTURERS
CUSTOMS ID
MARGIN
PERCENTAGE
CITROTAM INTERNACIONAL S.P.R. DE R.L. OR 201-835-002
PRODUCTOS NATURALES DE CITRICOS (PRONACIT)
205.37
CBP SHALL REQUIRE A CASH DEPOSIT OR THE POSTING OF A BOND EQUAL
TO THE PERCENTAGE MARGIN SHOWN BELOW FOR ENTRIES ENTERED, OR
WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER APRIL 26,
2007, FOR THE MANUFACTURERS LISTED BELOW:
MANUFACTURERS
CUSTOMS ID
MARGIN
PERCENTAGE
THE COCA-COLA EXPORT CORPORATION,
201-835-001
146.10
MEXICO BRANCH
ALL OTHERS
201-835-000
146.10
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 146.10 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 ANTIDUMPING
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 O5:EAA).
9.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS
INFORMATION.
CATHY SAUCEDA