New Trade Case on Imports of White Grape Juice Concentrate From Argentina

A new U.S. antidumping (“AD”) duty petition was filed on March 31 by Delano Growers Grape Products, LLC against imports of white grape juice concentrate (“WGJC”) from Argentina.

WGJC is principally used as a natural sweetener for mass consumption products, including jams and jellies, confectionery products, fruit in syrup, and pharmaceutical products. It is also used in the production of some wines and brandies. Some winemakers produce WGJC for their internal use, not for sale on the commercial market. WGJC is used in many of the 100 percent fruit juices that are in the marketplace today.  Please see the scope section below for a full description of the subject merchandise.

The petition includes an AD (less-than-fair-value) allegation against Argentina. The Department of Commerce (“DOC”) and the International Trade Commission (“ITC”) will conduct the investigations.  Within the next 45 days, the ITC will determine if there is a reasonable indication that the imports are injuring the U.S. industry. If the ITC finds that the standard is met, then the cases will move to the DOC which will calculate the preliminary AD duty margin.

The DOC’s preliminary determination is currently scheduled for Sept. 7, 2022, which is the date when importers will be required to deposit the calculated duties upon the products’ entry into the U.S. market.

There are strict statutory deadlines associated with these proceedings and affected companies are advised to prepare as soon as possible. If this product is of interest to you, please let us know so that we can provide you with additional information as it becomes available.

Approximate Key Dates*

Antidumping Duty Investigations

Event	No. of Days	Date of Action
Petition Filed	0	3/31/2022
Initiation Date	20	4/20/2022

ITC Preliminary Investigations**

Event	No. of Days	Date of Action
Questionnaires Due	14	4/14/2022
Request for Appearance at Hearing	18	4/18/2022
Hearing	21	4/21/2022
Briefs	26	4/26/2022
ITC Vote	43	5/13/2022
ITC Preliminary Determination	45	5/16/2022

DOC Investigations

Event	No. of Days	Date of Action
DOC Preliminary AD Determination	160	9/7/2022
DOC Final AD Determination	235	11/21/2022

ITC Final Investigations

Event	No. of Days	Date of Action
ITC Final AD Determination	280	1/5/2023

DOC Final Investigations

Event	No. of Days	Date of Action
DOC AD Publication of Order	287	1/12/2023

*These dates may be extended.

**The ITC preliminary dates may change slightly once the ITC publishes its notice of institution in the Federal Register. When the notice is published, parties will have seven days to file an entry of appearance at the ITC and apply for access to confidential information through counsel under the Administrative Protective Order.

The following are key facts about this trade case:

Petitioners: Delano Growers Grape Products, LLC

Foreign Producers/Exporters and US Importers:  Please contact us for a listing of individual companies named in the petition.

AD margin:  Petitioners have alleged the imports of the subject merchandise are being sold in the United States at a rate of 124.45 percent below fair market value.

Merchandise covered by the scope of the investigation:

The scope of this investigation covers 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.

If you have any questions regarding the content of this alert, please contact Mark Ludwikowski (mludwikowski@clarkhill.com; 202-640-6680), Kevin Williams (kwilliams@clarkhill.com; 312-985-5907); William Sjoberg (wsjoberg@clarkhill.com; 202-772-0924), ; Aristeo Lopez ( alopez@clarkhill.com;(202) 552-2366) or another member of Clark Hill’s International Trade Business Unit.