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NEWS RELEASE 99-065; MAY 10, 1999 May 10, 1999
News Release 99-065
Inv. No. 731-TA-326 (Review)

ITC DETERMINES THAT CONTINUATION OR RECURRENCE OF MATERIAL INJURY
LIKELY IF ANTIDUMPING DUTY ORDER ON
FROZEN CONCENTRATED ORANGE JUICE FROM BRAZIL IS REVOKED

The U.S. International Trade Commission (ITC) today determined that revoking the existing antidumping duty order on frozen concentrated orange juice from Brazil would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

As a result of the Commission's vote and the Department of Commerce's recent affirmative finding of likely dumping, the existing antidumping duty order on frozen concentrated orange juice from Brazil will remain in place.

The determination resulted from a 3-2 vote. Vice Chairman Marcia E. Miller and Commissioners Jennifer A. Hillman and Stephen Koplan found that revoking the existing order would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. Commissioners Carol T. Crawford and Thelma J. Askey found that revoking the existing order would not be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. Chairman Lynn M. Bragg did not participate in this review.

Today's action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act. See the attached page for background on this five-year (sunset) review.

The Commission's public report Frozen Concentrated Orange Juice from Brazil (Inv. No. 731- TA-326 (Review), USITC Publication 3195, May 1999) will contain the views of the Commission and information developed during the investigation.

Copies may be requested after June 7, 1999, by calling 202-205-1809 or by contacting the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by fax at 202-205-2104.


BACKGROUND

The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the ITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (ITC) within a reasonably foreseeable time. Reviews of outstanding antidumping and countervailing duty orders in existence as of January 1, 1995, began in July 1998.

The Commission's institution notice in five-year reviews requests that interested parties file responses with the Commission concerning the likely effects of revoking the order under review as well as other information. Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review. If responses to the ITC's notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.

The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews. Commissioners base their injury determination in expedited reviews on the facts available, including the Commission's prior injury determination, responses received to its notice of institution, data collected by staff in connection with the review, and information provided by the Department of Commerce.

The five-year (sunset) review concerning Frozen Concentrated Orange Juice from Brazil was instituted on December 2, 1998.

On March 5, 1999, the Commission voted to conduct an expedited review in this case. The Commission's determination to conduct an expedited review resulted from a 5-0 vote. Vice Chairman Marcia E. Miller and Commissioners Jennifer A. Hillman, Stephen Koplan, and Thelma J. Askey concluded that the domestic group response for this review was adequate and the respondent group response was inadequate and voted for an expedited review. Commissioner Carol T. Crawford concluded that both the domestic group response and the respondent group response were inadequate and voted for an expedited review. Chairman Lynn M. Bragg did not participate in this review.

Information concerning the reasons for the Commission's vote to conduct an expedited review were published in the Federal Register on March 12, 1999. That notice and a record of the Commission's vote are posted on the ITC's Internet server at www.usitc.gov (under "Five-Year (Sunset) Reviews"/"Five-Year Reviews Listing"/"Frozen Concentrated Orange Juice from Brazil").

In addition, a record of the Commission's vote to conduct an expedited review is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by telephone by calling 202-205-1802.

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