North American Free Trade Agreement (NAFTA): Frozen concentrated orange juice from Mexico; temporary duty imposition,

[Federal Register: February 10, 1999 (Volume 64, Number 27)]

[Notices]

[Page 6605-6606]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr10fe99-45]

DEPARTMENT OF AGRICULTURE

Special Provision for Frozen Concentrated Orange Juice Under the North American Free Trade Agreement Implementation Act

AGENCY: Foreign Agriculture Service, USDA.

ACTION: Notice of determination of existence of price conditions necessary for imposition of temporary duty on frozen concentrated orange juice from Mexico.

SUMMARY: Pursuant to Section 309(a) of the North American Free Trade Agreement Implementation Act of 1993 (``NAFTA Implementation Act''), this is a notification that for 5 consecutive business days the daily price for frozen concentrated orange juice was lower than the trigger price.

FOR FURTHER INFORMATION CONTACT: Mark Petty, Horticultural and Tropical Products Division, Foreign Agricultural Service, U.S. Department of Agriculture, Washington, DC 20250-1000 or telephone at (202) 720-0897.

SUPPLEMENTARY INFORMATION: The NAFTA Implementation Act authorizes the imposition of a temporary duty (snapback) for Mexican frozen concentrated orange juice when certain conditions exist. Mexican articles falling under subheading 2009.11.00 of the Harmonized Tariff Schedule of the United States (HTS) are subject to the snapback duty provision.

Under Section 309(a) of the NAFTA Implementation Act, certain price conditions must exist before the United States can apply a snapback duty on imports from Mexican frozen concentrated orange juice. In addition, such imports must exceed specified amounts before the snapback duty can be applied. The price conditions exist when for each period of 5 consecutive business days the daily price for frozen concentrated orange juice is less than the trigger price.

For the purpose of this provision, the term ``daily price'' means the daily closing price of the New York Cotton Exchange (the ``Exchange''), or any successor as determined by the Secretary of Agriculture for the closest month in which contracts for frozen concentrated orange juice are being traded on the Exchange. The term ``business day'' means a day in which contracts for frozen concentrated orange juice are being traded on the Exchange.

The term ``trigger price'' means the average daily closing price of the Exchange for the corresponding month during the previous 5-year period, excluding the year with the highest average price for the corresponding month and the year with the lowest average price for the corresponding month.

Price conditions no longer exist when the Secretary determines that for a period of 5 consecutive business days the daily price for frozen concentrated orange juice has exceeded the trigger price. Whenever the price conditions are determined to exist or to cease to exist the Secretary is required to immediately notify the Commissioner of Customs of such determination. Whenever the determination is that the price conditions exist and the quantity of Mexican articles of frozen concentrated orange juice entered exceeds (1) 264,978,000 liters (single strength equivalent) in any of calendar years 1994 through 2002, or (2) 340,560,000 liters (single strength equivalent) in any of calendar years 2003 through 2007, the rate of duty on Mexican articles of frozen concentrated orange juice that are entered after the date on which the applicable quantity limitation is reached and before the date of publication in the Federal Register of the determination that the price conditions have ceased to exist shall be the lower of-- (1) the column 1--General rate of duty in effect for such articles on July 1, 1991; or (2) the column 1--General rate of duty in effect on that day. For the purpose of this provision, the term ``entered'' means entered or withdrawn from warehouse for consumption in the customs territory of the United States.

In accordance with Section 309(a) of the NAFTA Implementation Act, it has been determined that for the period January 13-20, 1999, the daily price for frozen concentrated orange juice was less than the trigger price.

[[Page 6606]]

Issued at Washington, D.C. the 1st day of February, 1999. Timothy J. Galvin, Administrator, Foreign Agricultural Service.

[FR Doc. 99-3165Filed2-9-99; 8:45 am]

BILLING CODE 3410-10-M