[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