New AD/CD Petition: White Grape Juice Concentrate from Argentina (AD/CVD)

White Grape Juice Concentrate from Argentina

On March 31, 2021, Delano Growers Grape Products, a California grower cooperative, filed antidumping (AD) and countervailing duty (CVD) petitions against U.S. imports of white grape juice concentrate (WGJC) from Argentina.

WGJC is primarily used as a natural sweetener for food and beverage products such as fruit juices (e.g., 100% fruit juices), jams and jellies, fruit in syrup, and confectionary products.

The U.S. Department of Commerce (“DOC”) will conduct an investigation to investigate whether the named subject imports are being sold to the United States at less than fair value (“dumping”) or benefit from unfair government subsidies. The U.S. International Trade Commission (“ITC”) also will conduct an investigation to determine whether the named subject imports are a cause of material injury or threat of material injury to the domestic industry.

Scope

The petition proposes the scope of the merchandise to be covered by these AD/CVD investigations as:

white grape juice concentrate with a Brix level of 65 to 68, whether in frozen or non-frozen forms. White grape juice concentrate is concentrated grape juice produced from grapes of the Vitis vinifera L. species with a white flesh, including fresh market table grapes and raisin grapes (e.g., Thompson Seedless), as well as several varietals of wine grapes (e.g., Chardonnay, Chenin Blanc, Sauvignon Blanc, Colombard, etc.). The scope of this investigation covers white grape juice concentrate regardless of whether it has been certified as kosher, organic, or organic kosher. The white grape juice concentrate subject to this investigation consists of 100 percent grape juice with no other types of juice intermixed and no additional sugars or additives included.

The scope does not cover white grape juice concentrate produced from grapes of the Vitis labrusca species (e.g., Niagara).

The products covered by this petition are currently classified under the following Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 2009.69.0040 and 2009.69.0060. The HTSUS subheadings and specifications are provided for convenience and customs purposes; the written description of the scope is dispositive.

Alleged AD/CVD Margins

Petitioner calculated estimated dumping margins of up to 124.45%.

Although Petitioner alleged numerous government subsidy programs that benefitted the Argentinian WGJC industry, Petitioner did not allege a specific subsidy rates.

Named Exporters/ Producers

Petitioner included a list of companies that it believes are producers and exporters of the subject merchandise.  See attached list here.

Named U.S. Importers

Petitioner included a list of companies that it believes are U.S. importers of the subject merchandise.  See attached list here.

Estimated Schedule of Investigations

March 31, 2022 – Petitions filed

April 20, 2022 – DOC initiates investigation

April 21, 2022 – ITC Staff Conference

May 16, 2022 – ITC preliminary determination

August 28, 2022 – DOC CVD preliminary determination (assuming extended deadline) (6/24/22 – unextended)

October 27, 2022 – DOC AD preliminary determination (assuming extended deadline) (9/7/22 – unextended)

March 11, 2023 – DOC AD/CVD final determination (aligned and extended)

April 25, 2023 – ITC final determination (extended)

May 2, 2023 – DOC AD orders issued (extended)