[Federal Register Volume 63, Number 190 (Thursday, October 1, 1998)]
[Notices]
[Pages 52757-52759]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26328]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-44 (Review)]


Sorbitol From France; Institution of a Five-Year Review 
Concerning the Antidumping Duty Order on Sorbitol From France

AGENCY: United States International Trade Commission.
SUMMARY: The Commission hereby gives notice that it has instituted a 
review 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 
antidumping duty order on sorbitol from France 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 this review 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 April 9, 1982, the Department of Commerce issued an 
antidumping duty order on imports of sorbitol from France (47 F.R. 
153921). The Commission is conducting a review to determine whether 
revocation of the order 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 this review:
    (1) Subject Merchandise is the class or kind of merchandise that is 
within the scope of the five-year review, as defined by the Department 
of Commerce.
    (2) The Subject Country in this review is France.
    (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. For purposes of 
this notice, you should consider the Domestic Like Product to be 
crystalline sorbitol. In its original determination and in response to 
the July 18, 1993, order of the United States Court of International 
Trade remanding the investigation, the Commission defined two Domestic 
Like Products, crystalline and liquid sorbitol. In its original 
determination, the Commission made affirmative findings for both 
Domestic Like Products; however, in the remand investigation, the 
Commission made an affirmative determination with respect to 
crystalline sorbitol only. Certain Commissioners defined the Domestic 
Like Product differently.
    (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. For purposes of this notice, the 
Domestic Industry is producers of crystalline sorbitol. In its original 
determination and in response to the July 18, 1993, order of the United 
States Court of International Trade remanding the investigation, the 
Commission defined two Domestic Industries, one producing crystalline 
sorbitol and one producing liquid sorbitol. In its original 
determination, the Commission made affirmative findings for both 
Domestic Industries; however, in the remand investigation, the 
Commission made an affirmative determination with respect to only the 
U.S. producers of crystalline sorbitol. Certain Commissioners defined 
the Domestic Industry differently.
    (5) The Order Date is the date that the antidumping duty order 
under review became effective. In this review, the Order Date is April 
9, 1982.
    (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 review 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 review 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 review.
    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 this review available to authorized 
applicants under the APO issued in the review, 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 review. 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

[[Page 52758]]

Commission in connection with this review 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 an expedited review. 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 review must be served on all other parties to 
the review (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 review 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 determination 
in the review.
    Information to be provided in response to this notice of 
institution: 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 this review by providing information requested by the 
Commission.
    (4) A statement of the likely effects of the revocation of the 
antidumping duty order 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. 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. 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 
France that currently export or have exported Subject Merchandise to 
the United States or other countries since 1981.
    (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 Country, 
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 Country 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 Country.
    (9) If you are a producer, an exporter, or a trade/business 
association of producers or exporters of the Subject Merchandise in the 
Subject Country, 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 
Country 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 Country 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 Country since the Order

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Date, 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 Country, 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: This review is 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. 98-26328 Filed 9-30-98; 8:45 am]
BILLING CODE 7020-02-P