[Federal Register Volume 63, Number 190 (Thursday, October 1, 1998)]
[Notices]
[Pages 52759-52761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26327]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 104-TAA-7 (Review), AA1921-198-200 (Review) and
731-TA-3 (Review)]
Sugar From the European Union, Sugar From Belgium, France, and
Germany and Sugar & Syrups From Canada; Institution of Five-Year
Reviews Concerning the Countervailing Duty Order on Sugar From the
European Union, the Antidumping Duty Orders on Sugar From Belgium,
France, and Germany, and the Antidumping Duty Order on Sugar and Syrups
From Canada
SUMMARY: The Commission hereby gives notice that it has instituted
reviews pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C.
Sec. 1675(c)) (the Act) to determine whether revocation of the
countervailing duty order on sugar from the European Union, the
antidumping duty orders on sugar from Belgium, France, and Germany,
and/or the antidumping duty order on sugar and syrups from Canada would
be likely to lead to continuation or recurrence of material injury.
Pursuant to section 751(c)(2) of the Act, interested parties are
requested to respond to this notice by submitting the information
specified below to the Commission; the deadline for responses is
November 20, 1998. Comments on the adequacy of responses may be filed
with the Commission by December 11, 1998.
For further information concerning the conduct of these reviews and
rules of general application, consult the Commission's Rules of
Practice and Procedure, part 201, subparts A through E (19 CFR part
201), and part 207, subparts A, D, E, and F (19 CFR part 207). Recent
amendments to the Rules of Practice and Procedure pertinent to five-
year reviews, including the text of subpart F of part 207, are
published at 63 F.R. 30599, June 5, 1998, and may be downloaded from
the Commission's World Wide Web site at http://www.usitc.gov/rules.htm.
EFFECTIVE DATE: October 1, 1998.
FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193) or Vera
Libeau (202-205-3176), Office of Investigations, U.S. International
Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing-
impaired persons can obtain information on this matter by contacting
the Commission's TDD terminal on 202-205-1810. Persons with mobility
impairments who will need special assistance in gaining access to the
Commission should contact the Office of the Secretary at 202-205-2000.
General information concerning the Commission may also be obtained by
accessing its internet server (http://www.usitc.gov).
SUPPLEMENTARY INFORMATION:
Background.--On July 31, 1978, the Department of the Treasury
issued a countervailing duty order on imports of sugar from the
European Union (43 F.R. 33237). There was no Commission determination
of material injury by reason of subsidized imports prior to issuance of
the order because imports from the European Union were not eligible for
an injury test unless they were duty free. However, pursuant to section
104 of the Trade Agreements Act of 1979, the Commission made a
determination in May 1982 that the domestic industry producing sugar
would be threatened with material injury by reason of subsidized
imports of sugar from the European Union if the countervailing duty
order covering such imports were to be revoked. On June 13, 1979,
following affirmative injury determinations by the Commission, the
Department of the Treasury issued antidumping duty orders on imports of
sugar from Belgium, France, and Germany (44 F.R. 33878). On April 9,
1980, following an affirmative injury determination by the Commission,
the Department of Commerce issued an antidumping duty order on imports
of sugar and syrups from Canada (45 F.R. 24126). The Commission is now
conducting reviews to determine whether revocation of the orders would
be likely to lead to continuation or recurrence of material injury to
the domestic industry within a reasonably foreseeable time.
Definitions.--The following definitions apply to these reviews:
(1) Subject Merchandise is the class or kind of merchandise that is
within the scope of each five-year review, as defined by the Department
of Commerce.
(2) The Subject Countries in these reviews are the European Union,
Belgium, France, Germany, and Canada.
(3) The Domestic Like Product is the domestically produced product
or products which are like, or in the absence of like, most similar in
characteristics and uses with, the Subject Merchandise. In its original
determination concerning sugar from the European Union, the Commission
defined the Domestic Like Product as beet and cane sugar. In its
original determinations concerning sugar from Belgium, France, and
Germany, the Commission defined the Domestic Like Product as sugar cane
and raw cane sugar. In its original determination concerning sugar and
syrups from Canada, the Commission defined the Domestic Like Product as
refined sugar.
(4) The Domestic Industry is the U.S. producers as a whole of the
Domestic Like Product, or those producers whose collective output of
the Domestic Like Product constitutes a major proportion of the total
domestic production of the product. In its original determination
concerning sugar from the European Union, the Commission defined the
Domestic Industry as growers, processors, and refiners of beet and cane
sugar. In its original determinations concerning sugar from Belgium,
France, and Germany, the Commission defined the Domestic Industry as
producers of sugar cane and raw cane sugar in the Southeastern region
of the United States. In its original determination concerning sugar
and syrups from Canada, the Commission defined the Domestic Industry as
producers of refined sugar located in the Northeastern States region.
In response
[[Page 52760]]
to the July 8, 1981, order of the United States Court of International
Trade remanding the investigation, one Commissioner defined the
Domestic Industry differently.
(5) The Order Dates are the dates that the countervailing and
antidumping duty orders under review became effective. In the review
concerning sugar from the European Union, the Order Date is July 31,
1978. In the reviews concerning sugar from Belgium, France, and Germany
the Order Date is June 13, 1979. In the review concerning sugar and
syrups from Canada the Order Date is April 9, 1980.
(6) An Importer is any person or firm engaged, either directly or
through a parent company or subsidiary, in importing the Subject
Merchandise into the United States from a foreign manufacturer or
through its selling agent.
Participation in the reviews and public service list.--Persons,
including industrial users of the Subject Merchandise and, if the
merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the reviews as parties must
file an entry of appearance with the Secretary to the Commission, as
provided in section 201.11(b)(4) of the Commission's rules, no later
than 21 days after publication of this notice in the Federal Register.
The Secretary will maintain a public service list containing the names
and addresses of all persons, or their representatives, who are parties
to the reviews.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and APO service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary
will make BPI submitted in these reviews available to authorized
applicants under the APO issued in the reviews, provided that the
application is made no later than 21 days after publication of this
notice in the Federal Register. Authorized applicants must represent
interested parties, as defined in 19 U.S.C. Sec. 1677(9), who are
parties to the reviews. A separate service list will be maintained by
the Secretary for those parties authorized to receive BPI under the
APO.
Certification.--Pursuant to section 207.3 of the Commission's
rules, any person submitting information to the Commission in
connection with these reviews must certify that the information is
accurate and complete to the best of the submitter's knowledge. In
making the certification, the submitter will be deemed to consent,
unless otherwise specified, for the Commission, its employees, and
contract personnel to use the information provided in any other reviews
or investigations of the same or comparable products which the
Commission conducts under Title VII of the Act, or in internal audits
and investigations relating to the programs and operations of the
Commission pursuant to 5 U.S.C. Appendix 3.
Written submissions.--Pursuant to section 207.61 of the
Commission's rules, each interested party response to this notice must
provide the information specified below. The deadline for filing such
responses is November 20, 1998. Pursuant to section 207.62(b) of the
Commission's rules, eligible parties (as specified in Commission rule
207.62(b)(1)) may also file comments concerning whether the Commission
should conduct expedited reviews. The deadline for filing such comments
is December 11, 1998. All written submissions must conform with the
provisions of sections 201.8 and 207.3 of the Commission's rules and
any submissions that contain BPI must also conform with the
requirements of sections 201.6 and 207.7 of the Commission's rules. The
Commission's rules do not authorize filing of submissions with the
Secretary by facsimile or electronic means. Also, in accordance with
sections 201.16(c) and 207.3 of the Commission's rules, each document
filed by a party to the reviews must be served on all other parties to
the reviews (as identified by either the public or APO service list as
appropriate), and a certificate of service must accompany the document
(if you are not a party to the reviews you do not need to serve your
response).
Inability to provide requested information.--Pursuant to section
207.61(c) of the Commission's rules, any interested party that cannot
furnish the information requested by this notice in the requested form
and manner shall notify the Commission at the earliest possible time,
provide a full explanation of why it cannot provide the requested
information, and indicate alternative forms in which it can provide
equivalent information. If an interested party does not provide this
notification (or the Commission finds the explanation provided in the
notification inadequate) and fails to provide a complete response to
this notice, the Commission may take an adverse inference against the
party pursuant to section 776(b) of the Act in making its
determinations in the reviews.
Information to be provided in response to this notice of
institution: Please provide the requested information separately for
each Domestic Like Product, as defined by the Commission in its
original determinations, and for each of the products identified by
Commerce as Subject Merchandise. If you are a domestic producer, union/
worker group, or trade/business association; import/export Subject
Merchandise from more than one Subject Country; or produce Subject
Merchandise in more than one Subject Country, you may file a single
response. If you do so, please ensure that your response to each
question includes the information requested for each pertinent Subject
Country. As used below, the term ``firm'' includes any related firms.
(1) The name and address of your firm or entity (including World
Wide Web address if available) and name, telephone number, fax number,
and E-mail address of the certifying official.
(2) A statement indicating whether your firm/entity is a U.S.
producer of the Domestic Like Product, a U.S. union or worker group, a
U.S. importer of the Subject Merchandise, a foreign producer or
exporter of the Subject Merchandise, a U.S. or foreign trade or
business association, or another interested party (including an
explanation). If you are a union/worker group or trade/business
association, identify the firms in which your workers are employed or
which are members of your association.
(3) A statement indicating whether your firm/entity is willing to
participate in these reviews by providing information requested by the
Commission.
(4) A statement of the likely effects of the revocation of the
countervailing and antidumping duty orders on the Domestic Industry in
general and/or your firm/entity specifically. In your response, please
discuss the various factors specified in section 752(a) of the Act (19
U.S.C. Sec. 1675a(a)) including the likely volume of subject imports,
likely price effects of subject imports, and likely impact of imports
of Subject Merchandise on the Domestic Industry.
(5) A list of all known and currently operating U.S. producers of
the Domestic Like Product. Identify any known related parties and the
nature of the relationship as defined in section 771(4)(B) of the Act
(19 U.S.C. Sec. 1677(4)(B)).
(6) A list of all known and currently operating U.S. importers of
the Subject Merchandise and producers of the Subject Merchandise in the
European Union that currently export or have exported Subject
Merchandise to the United States or other countries since 1978 and a
list of all known and currently operating U.S. importers of the Subject
Merchandise and producers of
[[Page 52761]]
the Subject Merchandise in Belgium, France, Germany, and Canada that
currently export or have exported Subject Merchandise to the United
States or other countries since 1979.
(7) If you are a U.S. producer of the Domestic Like Product,
provide the following information on your firm's operations on that
product during calendar year 1997 (report quantity data in thousands of
pounds and value data in thousands of U.S. dollars, f.o.b. plant). If
you are a union/worker group or trade/business association, provide the
information, on an aggregate basis, for the firms in which your workers
are employed/which are members of your association.
(a) Production (quantity) and, if known, an estimate of the
percentage of total U.S. production of the Domestic Like Product
accounted for by your firm's(s') production; and
(b) the quantity and value of U.S. commercial shipments of the
Domestic Like Product produced in your U.S. plant(s).
(8) If you are a U.S. importer or a trade/business association of
U.S. importers of the Subject Merchandise from the Subject Countries,
provide the following information on your firm's(s') operations on that
product during calendar year 1997 (report quantity data in thousands of
pounds and value data in thousands of U.S. dollars). If you are a
trade/business association, provide the information, on an aggregate
basis, for the firms which are members of your association.
(a) The quantity and value (landed, duty-paid but not including
antidumping or countervailing duties) of U.S. imports and, if known, an
estimate of the percentage of total U.S. imports of Subject Merchandise
from the Subject Countries accounted for by your firm's(s') imports;
and
(b) the quantity and value (f.o.b. U.S. port, including antidumping
and/or countervailing duties) of U.S. commercial shipments of Subject
Merchandise imported from the Subject Countries.
(9) If you are a producer, an exporter, or a trade/business
association of producers or exporters of the Subject Merchandise in the
Subject Countries, provide the following information on your firm's(s')
operations on that product during calendar year 1997 (report quantity
data in thousands of pounds and value data in thousands of U.S.
dollars, landed and duty-paid at the U.S. port but not including
antidumping or countervailing duties). If you are a trade/business
association, provide the information, on an aggregate basis, for the
firms which are members of your association.
(a) Production (quantity) and, if known, an estimate of the
percentage of total production of Subject Merchandise in the Subject
Countries accounted for by your firm's(s') production; and
(b) the quantity and value of your firm's(s') exports to the United
States of Subject Merchandise and, if known, an estimate of the
percentage of total exports to the United States of Subject Merchandise
from the Subject Countries accounted for by your firm's(s') exports.
(10) Identify significant changes, if any, in the supply and demand
conditions or business cycle for the Domestic Like Product that have
occurred in the United States or in the market for the Subject
Merchandise in the Subject Countries since the Order Dates, and
significant changes, if any, that are likely to occur within a
reasonably foreseeable time. Supply conditions to consider include
technology; production methods; development efforts; ability to
increase production (including the shift of production facilities used
for other products and the use, cost, or availability of major inputs
into production); and factors related to the ability to shift supply
among different national markets (including barriers to importation in
foreign markets or changes in market demand abroad). Demand conditions
to consider include end uses and applications; the existence and
availability of substitute products; and the level of competition among
the Domestic Like Product produced in the United States, Subject
Merchandise produced in the Subject Countries, and such merchandise
from other countries.
(11) (OPTIONAL) A statement of whether you agree with the above
definitions of the Domestic Like Product and Domestic Industry; if you
disagree with either or both of these definitions, please explain why
and provide alternative definitions.
Authority: These reviews are being conducted under authority of
title VII of the Tariff Act of 1930; this notice is published
pursuant to section 207.61 of the Commission's rules.
Issued: September 22, 1998.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 98-26327 Filed 9-30-98; 8:45 am]
BILLING CODE 7020-02-P