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Lemon juice

August 10, 2022

News Release 22-086

Inv. No(s). 731-TA-1105

Contact: Jennifer Andberg , 202-205-1819

USITC Makes Determination in Five-Year (Sunset) Review Concerning Lemon Juice from Argentina

The U.S. International Trade Commission (USITC) today determined that terminating the suspended investigation on imports of lemon juice from Argentina would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. 

As a result of the Commission’s affirmative determination, the existing suspension agreement concerning imports of this product from Argentina will remain in place. 

Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, and Randolph J. Stayin voted in the affirmative. Commissioner Amy A. Karpel did not participate in the vote for 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 Lemon Juice from Argentina (Inv. No. 731-TA-1105, Second Review), USITC Publication 5344, August 2022) will contain the views of the Commission and information developed during the review.

The report will be available by September 26, 2022; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.

 

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 USITC 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 (USITC) within a reasonably foreseeable time.

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 USITC’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 and review determinations, 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 Lemon Juice from Argentina was instituted on September 1, 2021.

On December 6, 2021, the Commission voted to conduct a full review. Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel concluded that the domestic group response was adequate and the respondent group response was adequate and voted for a full review.

A record of the Commission’s vote to conduct a full 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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February 11, 2022

News Release 22-020

Inv. No(s). 731-TA-1578-1579

Contact: Jennifer Andberg , 202-205-1819

USITC Votes to Continue Investigations on Lemon Juice from Brazil and South Africa

The United States International Trade Commission (USITC) today determined that there is a reasonable indication that a U.S. industry is materially injured by reason of imports of lemon juice from Brazil and South Africa that are allegedly sold in the United States at less than fair value.
 
Chair Jason E. Kearns, Vice Chair Randolph J. Stayin, and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Amy A. Karpel voted in the affirmative.  
 
As a result of the Commission’s affirmative determinations, the U.S. Department of Commerce will continue its investigations of imports of lemon juice from Brazil and South Africa, with its preliminary antidumping duty determinations due on or about June 8, 2022. 
 
The Commission’s public report Lemon Juice from Brazil and South Africa (Inv. Nos. 731-TA-1578-1579 (Preliminary), USITC Publication 5284, February 2022) will contain the views of the Commission and information developed during the investigations.
 
The report will be available after March 15, 2022; when available, it may be accessed on the USITC website at:  https://www.usitc.gov/commission_publications_library. 
UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436
 
FACTUAL HIGHLIGHTS
 
Lemon Juice from Brazil and South Africa
Investigation Nos. 731-TA-1578-1579 (Preliminary)
 
Product Description:  Lemon juice covered by these investigations includes lemon juice in all forms including not from concentrate lemon juice (NFCLJ) and concentrated lemon juice (CLJ). Lemon juice packed in retail-sized containers (up to 128 ounces) or beverages containing 20 percent or less lemon juice are not covered by these investigations. Lemon juice is typically extracted from fresh lemons that are not suitable for the fresh markets but may also be produced from fresh lemons diverted from fresh markets when the quantity available exceeds fresh market demand. Lemon juice is primarily used as an ingredient in beverages, particularly lemonade, as well as other food ingredient applications. Other uses include retail packaging for in-home ingredient use and non-food products such as household cleaners.
 
Status of Proceedings:
  1. Type of investigation:  Preliminary antidumping duty investigations.
  2. Petitioners:  Ventura Coastal LLC, Ventura, California
  3. USITC Institution Date:  Thursday, December 30, 2021.
  4. USITC Conference Date:  Thursday, January 20, 2022.
  5. USITC Vote Date:  Friday, February 11, 2022.
  6. USITC Notification to Commerce Date:  Monday, February 14, 2022.
U.S. Industry in 2020:
  1. Number of U.S. producers:  2.
  2. Location of producers’ plants:  Arizona, California, and Florida
  3. Production and related workers:  [1]
  4. U.S. producers’ U.S. shipments:  1
  5. Apparent U.S. consumption:  1
  6. Ratio of subject imports to apparent U.S. consumption:  1

U.S. Imports in 2020:

  1. Subject imports:  $24 million.
  2. Nonsubject imports:  $135 million.
  3. Leading import sources:  Argentina, Brazil, Mexico, and South Africa.
 

[1] Withheld to avoid disclosure of business proprietary information.

 

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November 5, 2012

News Release 12-111

Inv. No(s). 731-TA-1105-1106 (Review

Contact: Peg O'Laughlin , 202-205-1819

USITC Will Conduct Full Five-Year (Sunset) Reviews Concerning Lemon Juice from Argentina and Mexico

The U.S. International Trade Commission (USITC or Commission) has voted to conduct full five- year ("sunset") reviews concerning the suspended investigations on lemon juice from Argentina and Mexico (Inv. Nos. 731-TA-1105-1106 (Review)).

As a result of these votes, the Commission will conduct full reviews to determine whether termination of the suspended investigations would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

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 USITC 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 (USITC) within a reasonably foreseeable time.

The Commission's notice of institution in five-year reviews requests that interested parties file with the Commission responses that discuss the likely effects of revoking the order under review and provide other pertinent 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 USITC'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.

All six Commissioners concluded that both the domestic group response and the respondent group responses were adequate and voted for full reviews.

A record of the Commission's votes on these matters 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.

The record of the Commission's vote is also posted on the USITC's Internet site at http://pubapps2.usitc.gov/sunset/caseProf/list?sort=caseTitle&order=asc. From this page, search on "lemon juice" using the search box in the upper right corner.

The Federal Register notice will indicate whether any further information or statements will be available. The Commission will issue a report after it completes its reviews.

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