Lemon Juice: New AD Investigations Deadlines & Scope

The Commerce Department issued a Federal Register notice on its recently initiated antidumping duty investigations on lemon juice from Brazil (A-351-858) and South Africa (A-791-827). The agency will determine whether imports of lemon juice are being sold in the U.S. at less than fair value. The investigations cover entries during the period Oct. 1, 2020, through Sept. 30, 2021.

The International Trade Commission will conduct a concurrent investigation to determine whether imports of dumped lemon juice from Brazil and South Africa are injuring U.S. industry. If the ITC finds no injury in its preliminary injury determinations, due Feb. 14, the investigations will immediately end. If Commerce finds dumping in the preliminary determinations of these investigations, due in June, it will set AD duty cash deposit requirements for imports of merchandise subject to the investigation. If both Commerce and the ITC reach affirmative final determinations, Commerce will issue AD duty orders making duties permanent and beginning a process of annual administrative reviews to set final assessments of AD duties on importers and potentially change AD duty cash deposit rates.

AD Respondent Selection

Commerce intends to use CBP data to pick respondents to its AD duty investigations. Comments are due Jan. 28.

Scope of the AD/CVD Investigations

The product covered by these investigations is certain lemon juice. Lemon juice is covered: (1) With or without addition of preservatives, sugar, or other sweeteners; (2) regardless of the GPL (grams per liter of citric acid) level of concentration, brix level, brix/acid ratio, pulp content, clarity; (3) regardless of the grade, horticulture method ( e.g., organic or not), processed form ( e.g., frozen or not-from-concentrate), the size of the container in which packed, or the method of packing; and (4) regardless of the U.S. Department of Agriculture Food and Drug Administration (FDA) standard of identity (as defined under 19 CFR 146.114 et seq. ) ( i.e., whether or not the lemon juice meets an FDA standard of identity).

Excluded from the scope are: (1) Lemon juice at any level of concentration packed in retail-sized containers ready for sale to consumers; and (2) beverage products, such as lemonade, that contain 20 percent or less lemon juice as an ingredient by actual volume. “Retail-sized containers” are defined as lemon juice products sold in ready-for-sale packaging ( e.g., clearly visible branding, nutritional facts listed, etc. ) containing up to 128 ounces of lemon juice by actual volume.

The scope also includes certain lemon juice that is blended with certain lemon juice from sources not subject to these investigations. Only the subject lemon juice component of such blended merchandise is covered by the scope of these investigations. Blended lemon juice is defined as certain lemon juice with two distinct component parts of differing country(s) of origin mixed together to form certain lemon juice where the component parts are no longer individually distinguishable.

The product subject to these investigations is currently classifiable under subheadings 2009.31.4000, 2009.31.6020, 2009.31.6040, 2009.39.6020, and 2009.39.6040 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of these investigations is dispositive.

Participants in the AD duty investigations may submit comments on product coverage under the scope of the investigations. Comments on the scope are due by 5 p.m. EST on Feb. 8.

Investigations Timetable

These deadlines may be, and usually are, extended. The Commerce Department fact sheet on the initiation of these investigations is here. See 2201040028 for a summary of the petition requesting these investigations.