Trade Commission Affirms Dumping Decision

Gary Cooper Citrus, Florida, International

For Immediate Release:
FL Citrus Mutual, LAKELAND, Fla. (October 25, 2007) – The U.S. International Trade Commission (ITC) has again affirmed its determination that Brazilian orange juice dumped in the United States at less than fair value prices has harmed Florida citrus growers and processors.
The ITC then closely followed that decision by rejecting a more recent request to review its original 2006 dumping determination, concluding that circumstances have not changed sufficiently to justify re-opening the case.
Earlier this week, the ITC issued its second positive remand determination to the U.S. Court of International Trade on its initial dumping decision which was made 18 months ago.
After clarifying its decision on certain issues as directed by the court, the Commission again “. . .determine[d] that the domestic industry producing certain orange juice is materially injured by reason of subject imports of certain orange juice from Brazil that are sold in the United States at less than fair value.”
Then, just yesterday, the Commission rejected a petition filed by Tropicana in June 2007, requesting a new investigation because of changed market circumstances.
The Commission ruled that many of the factors cited, such as reduced supplies, the effects of canker and hurricanes, and reduced consumer demand, were already known at the time of the original 2006 determination. They also found that increased juice prices did not demonstrate good cause to review the order, but on the contrary, “higher prices, including higher import prices, are expected and positive effects of the order for domestic producers. . . The purpose of an antidumping duty order is not to curtail or disrupt import supply into the U.S. market, but to ensure that import prices reflect fair market value.” Therefore, they ruled that Florida growers are “vulnerable to continued injury if the order were revoked.”
Michael W. Sparks, executive VP/CEO of Florida Citrus Mutual, said that these are two strong decisions for Florida citrus growers.
“The US International Trade Commission has re-affirmed their previous decision on appeal, and then left no doubt in their rejection of the new petition for review. The antidumping order helped bring stability back to a market that was suffering from chronic low prices and grower losses, even after the hurricanes. Thanks in part to this order, the situation has turned around, and we have been able to focus more on greening and other challenges. The Commission’s decisions should stand, and antidumping relief should be permitted to do what it was intended to do,” Sparks said.

The determination will now be reviewed by the Court, and either affirmed or remanded again. The Commission’s rejection of Tropicana’s changed circumstance petition can be appealed.

Founded in 1948 and currently representing nearly 8,000 grower members, Florida Citrus Mutual is the state’s largest citrus growers organization. For more info, please visit

Contact: Andrew Meadows at (863) 682-1111 or (cell)(863) 944-4924