March 3, 2005
News Release 05-020
Inv. No. 731-TA-1089 (P)

ITC VOTES TO CONTINUE CASE ON CERTAIN ORANGE JUICE FROM BRAZIL

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

Chairman Stephen Koplan and Commissioners Marcia E. Miller and Charlotte R. Lane voted in the affirmative. Vice Chairman Deanna Tanner Okun and Commissioners Jennifer A. Hillman and Daniel R. Pearson found two like products in this investigation - frozen concentrated orange juice for manufacturing ("FCOJM") and not-from-concentrate orange juice ("NFCOJ"). They voted in the affirmative with respect to FCOJM and in the negative with respect to NFCOJ.

As a result of the Commission's affirmative determination, the U.S. Department of Commerce will continue to conduct its antidumping investigation of imports of certain orange juice from Brazil, with its preliminary determination due on or about June 6, 2005.

The Commission's public report Certain Orange Juice from Brazil (Investigation No. 731-TA- 1089 (Preliminary), USITC Publication 3757, March 2005) will contain the views of the Commission and information developed during the investigation.

Copies of the report are expected to be available after March 28, 2005, by calling 202-205-1809 or from the Office of the Secretary, 500 E Street SW, Washington, DC 20436. Requests may also be faxed to 202-205-2104.


FACTUAL HIGHLIGHTS

Certain Orange Juice from Brazil
Investigation No. 731-TA-1089 (Preliminary)

Product Description: For purposes of this investigation, the product covered is frozen concentrated orange juice for manufacturing ("FCOJM") and not-from-concentrate orange juice ("NFCOJ"). FCOJM is concentrated orange juice of 51 degrees or greater Brix in a frozen state, and most often is at a concentration level of 65 degrees Brix. It may be stored or transported at temperatures of 20 degrees Fahrenheit or less. NFCOJ is single strength orange juice that is flash-heated to pasteurize it right after it has been extracted from fresh oranges. Unlike FCOJM, water is never removed from the NFCOJ to concentrate it. NFCOJ may be frozen into blocks or chilled into bulk aseptic tanks. The imported merchandise subject to these investigations is provided for in subheadings 2009.11.00 (frozen orange juice); 2009.12.25 and 2009.12.45 (orange juice, not frozen, of a Brix value not exceeding 20), and 2009.19.00 (orange juice, other) of the Harmonized Tariff Schedule of the United States.

Status of Proceedings:
1. Type of investigation:  Preliminary antidumping.
2. Petitioners:  Florida Citrus Mutual, A. Duda & Sons, Inc., Citrus World, Inc., and    Southern Garden Citrus Processing Corp.
3. Investigation instituted by USITC:  December 27, 2004.
4. Conference:  January 19, 2005.
5. USITC vote:  March 3, 2005.
6. USITC transmittal of determination to the Department of Commerce:  March 7, 2005.
7. USITC transmittal of views to the Department of Commerce:  March 14, 2005.

U.S. Industry:
1. Number of U.S. firms in 2004:  14 major companies believed to process orange juice. 
   Approximately 7,000 orange growers are located in Florida.
2. Production during 2003/2004 crop season, in 1,000 gallons single-strength equivalent
   ("SSE"):  1,451,092.
3. Employment of production and related workers:  3,479.
4. U.S. shipments during 2003/2004 crop season, in 1,000 gallons SSE:  1,243,945.
5. U.S. availability during 2003/2004 crop season, in 1,000 gallons SSE: 1,452,699.

U.S. Imports:
1. Quantity of subject imports from Brazil during 2003/2004 crop season, in 1,000 gallons
   SSE:  . 1/
2. Value of subject imports from Brazil during 2003/2004 crop season:  .1/
3. Ratio of quantity of total imports to U.S. availability during crop season 2003/2004:     15.0 percent.
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1/ Business proprietary information.