[Federal Register Volume 64, Number 208 (Thursday, October 28, 1999)]
[Notices]
[Pages 58033-58034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28241]


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 Notices
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
 and investigations, committee meetings, agency decisions and rulings, 
 delegations of authority, filing of petitions and applications and agency 
 statements of organization and functions are examples of documents 
 appearing in this section.
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  Federal Register / Vol. 64, No. 208 / Thursday, October 28, 1999 / 
Notices  

[[Page 58033]]


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DEPARTMENT OF COMMERCE

International Trade Administration
[A-423-077, A-427-078, A-428-082, and C-408-046]


Continuation of Antidumping Findings on Sugar from Belgium, 
France and Germany and Countervailing Duty Order on Sugar from the 
European Community

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce

ACTION: Notice of Continuation of antidumping findings on sugar from 
Belgium, France and Germany and countervailing duty order on sugar from 
the European Community

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SUMMARY: On February 2, 1999, the Department of Commerce (``the 
Department''), pursuant to sections 751(c) and 752 of the Tariff Act 
from 1930, as amended (``the Act''), determined that revocation of the 
antidumping findings on sugar from Belgium, France and Germany would be 
likely to lead to continuation or recurrence of dumping (64 FR 5638 
(February 2, 1999)). On September 19, 1999, the Department determined 
that revocation of the countervailing duty order on sugar from the 
European Community would be likely to lead to continuation or 
recurrence of a countervailable subsidy (64 FR 49464 (September 19, 
1999)). On October 6, 1999, the International Trade Commission (``the 
Commission''), pursuant to section 751(c) of the Act, determined that 
revocation of the antidumping findings on sugar from Belgium, France, 
and Germany and revocation of the countervailing duty order on sugar 
from the European Community would be likely to lead to continuation or 
recurrence of material injury to an industry in the United States 
within a reasonably foreseeable time (64 FR 54335 (October 6, 1999)). 
Therefore, pursuant to 19 CFR 351.218(e)(4), the Department is 
publishing notice of the continuation of the antidumping findings on 
sugar from Belgium, France, and Germany, and continuation of the 
countervailing duty order on sugar from the European Union.

FOR FURTHER INFORMATION CONTACT: Scott E. Smith or Melissa G. Skinner, 
Office of Policy for Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, D.C. 20230; telephone: (202) 482-
6397 or (202) 482-1560, respectively.

EFFECTIVE DATE: October 28, 1999.

Background

    On October 1, 1998, the Department initiated, and the Commission 
instituted, a sunset review (63 FR 52683 and 63 FR 52759, respectively) 
of the antidumping duty findings on sugar from Belgium, France, and 
Germany, and of the countervailing duty order on sugar from the 
European Union pursuant to section 751(c) of the Act. As a result of 
these reviews, the Department found that revocation of the antidumping 
findings would likely lead to continuation or recurrence of dumping and 
notified the Commission of the magnitude of the margin likely to 
prevail were the findings to be revoked (see Final Results of Expedited 
Sunset Reviews: Sugar from France, Belgium and Germany, 64 FR 5638 
(February 4, 1999)). Further, the Department found that revocation of 
the countervailing duty order on sugar from the European Community 
would be likely to lead to continuation or recurrence of a 
countervailable subsidy and notified the Commission of the net 
countervailable subsidy likely to prevail were the order to be revoked 
and the nature of the subsidy (see Final Results of Full Sunset Review: 
Sugar from the European Community, 64 FR 49464 (September 13, 1999)).
    On October 6, 1999, the Commission determined, pursuant to section 
751(c) of the Act, that revocation of the antidumping findings on sugar 
from Belgium, France, and Germany, and revocation of the countervailing 
duty order on sugar from the European Union would be likely to lead to 
continuation or recurrence of material injury to an industry in the 
United States within a reasonably foreseeable time (see Sugar From the 
European Union; Sugar From Belgium, France, and Germany; and Sugar and 
Syrups From Canada, 64 FR 54355 (October 6, 1999), and USITC Pub. 3238, 
Inv. Nos. 104-TAA-7, AA1921-198-200, and 731-TA-3 (September 1999)).

Scope

    The merchandise subject to these antidumping findings from France, 
Belgium, and Germany is sugar, both raw and refined, with the exception 
of specialty sugars (e.g., cones, hats, pearls, loaves). The order on 
sugar from France excludes homeopathic sugar pellets meeting the 
following criteria: (1) Composed of 85 percent sucrose and 15 percent 
lactose; (2) having a polished, matte appearance, and more uniformly 
porous than domestic sugar cubes; (3) produced in two sizes of 2 mm and 
3.8 mm in diameter. 1
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    \1\ See Sugar from France; Final Results of Changed 
Circumstances Antidumping Duty Administrative Review, and Revocation 
in Part of Antidumping Finding, 61 FR 40609 (August 5, 1996).
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    The merchandise under review is currently classifiable under the 
following Harmonized Tariff Schedule of the United States (``HTSUS'') 
subheadings: 1701.1100, 1701.1101, 1701.1102, 1701.1103, 1701.1105, 
1701.1110, 1701.1120, 1701.1150, 1701.1200, 1701.1201, 1701.1202, 
1701.1205, 1701.1210, 1701.1250, 1701.9105, 1701.9110, 1701.9120, 
1701.9121, 1701.9122, 1701.9130, 1701.9900, 1701.9901, 1701.9902, 
1701.9905, 1701.9910, 1701.9950, 1702.9005, 1702.9010, 1702.9020, 
1702.9030, 1702.9031, 1702.9032, 2106.9011, 2106.9012, 2106.9042, 
2106.9044, and 2106.9046. The HTSUS item numbers are provided for 
convenience and customs purposes only. They are not determinative of 
the products subject to the orders. The written description remains 
dispositive.
    The merchandise subject to the countervailing duty order from the 
European Community is sugar, with the exception of specialty sugars 
(e.g., cones, hats, pearls, loaves), from the European Community. 
Blends of sugar and dextrose, a corn-derived sweetener, containing at 
least 65 percent sugar are within the scope of this order. The 
merchandise subject to this order is currently classifiable under item 
numbers 1701.11.00, 1701.12.00,

[[Page 58034]]

1701.91.20, and 1701.99.00 of the HTSUS (see Sugar from the European 
Community; Final Results of Countervailing Duty Administrative Review, 
55 FR 35703 (August 31, 1990)). HTSUS subheadings are provided for 
convenience and customs purposes only. They are not determinative of 
the products subject to the order. The written description remains 
dispositive.

Determination

    As a result of the determinations by the Department and the 
Commission that revocation of these antidumping findings and this 
countervailing duty order would be likely to lead to continuation or 
recurrence of dumping and material injury to an industry in the United 
States, pursuant to section 751(d)(2) of the Act, the Department hereby 
orders the continuation of the antidumping findings on sugar from 
Belgium, France, and Germany, and of the countervailing duty order on 
sugar from the European Community. The Department will instruct the 
U.S. Customs Service to continue to collect antidumping and 
countervailing duty deposits at the rates in effect at the time of 
entry for all imports of subject merchandise. The effective date of 
continuation of these antidumping findings and countervailing duty 
order will be the date of publication in the Federal Register of this 
Notice of Continuation. Pursuant to sections 751(c)(2) and 751(c)(6) 
the Department intends to initiate the next five-year reviews of these 
findings and order not later than September 2004.

    Dated: October 22, 1999.
Richard W. Moreland,
Acting Assistant Secretary for Import Administration.
[FR Doc. 99-28241 Filed 10-27-99; 8:45 am]
BILLING CODE 3510-DS-P