Home > News & Media > Florida Citrus Mutual Applauds Federal Agency’s Decision to Re-Affirm OJ Antidumping Order

Florida Citrus Mutual Applauds Federal Agency’s Decision to Re-Affirm OJ Antidumping Order

LAKELAND, Fla. (June 27, 2007) – Florida Citrus Mutual has been notified that the U.S. International Trade Commission made an affirmative remand determination to the U.S. Court of International Trade, that Brazilian imports of concentrated and not-from-concentrate orange juice from Brazil, which were sold at less-than-fair-value prices, are injuring Florida growers and processors.

The Commission found in 2006 that dumped imports were causing material injury, but Tropicana challenged the decision in an appeal to the federal court. Judge Jane Restani remanded that determination to the Commission with instructions that they provide further analysis on domestic production shortfalls, opposition by some processors, and the possibility that non-subject imports might simply replace Brazilian product which would be priced out of the market if an antidumping order were issued. Even though two new commissioners had replaced those whose terms expired after the 2006 decision, the Commission re-affirmed its original decision.

The Commission agreed with Florida Citrus Mutual and its co-petitioners on all points for which the court requested clarification. They found no need for additional imports to supply an alleged “residual demand,” and that there was sufficient inventory available to meet demand. They concluded that increased low-priced Brazilian imports during the period, in excess of US demand growth, were a significant factor in the injury analysis. They also confirmed that prior year hurricanes did not sever the casual relationship between the industry’s weak performance and the low priced imports. Finally, they found non-subject imports from third-party countries to be able to play only a small role in the event of reduced availability of dumped Brazilian juice.

“We are pleased, but not surprised, that the Commission re-affirmed what was already a well-supported decision,” said Florida Citrus Mutual Executive Vice President/CEO Michael W. Sparks. “This antidumping order has helped bring pricing stability and rational pricing behavior back to the market, without causing any harm to consumers.”

The parties will have 20 days to file comments with the Court, and 11 more days to file replies. After that period, the Judge may either affirm the Commission’s decision, remand for additional clarification, or (in very rare cases) overturn the Commission’s decision.

The Florida citrus industry has a $9.1 billion economic impact to the state, employs nearly 90,000 people and covers more than 620,000 acres in the state. Florida Citrus Mutual, founded in 1948, is the state’s largest citrus grower’s organization with nearly 10,000 grower members.

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