[Federal Register Volume 70, Number 57 (Friday, March 25, 2005)]
[Notices]
[Pages 15293-15294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-1307]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-408-046]


Sugar From the European Community; Preliminary Results of Full 
Sunset Review of the Countervailing Duty Finding

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

SUMMARY: On September 1, 2004, the Department of Commerce (``the 
Department'') initiated a sunset review of the countervailing duty 
finding on sugar from the European Community

[[Page 15294]]

(``the Community'') pursuant to section 751(c) of the Tariff Act of 
1930, as amended (``the Act''). See Notice of Initiation of Five-Year 
(``Sunset'') Review, 69 FR 53408 (September 1, 2004). On the basis of a 
notice of intent to participate filed on behalf of the domestic 
interested parties and adequate substantive comments filed on behalf of 
the domestic interested parties and the Community, the Department is 
conducting a full sunset review of the countervailing duty finding on 
sugar from the Community. As a result of this sunset review, the 
Department preliminarily finds that revocation of the countervailing 
duty finding would likely lead to continuation or recurrence of 
countervailable subsidies. The net countervailabe subsidy rate and the 
nature of the subsidy are identified in the ``Preliminary Results of 
Review'' section of this notice.

EFFECTIVE DATE: March 25, 2005.

FOR FURTHER INFORMATION: Martha V. Douthit, Office of Policy for Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street & Constitution Avenue, NW., Washington, DC 20230; 
telephone: (202) 482-5050.

SUPPLEMENTARY INFORMATION:

Scope

    Imports covered by this countervailing duty finding are shipments 
of sugar from the European Community. During the review period, such 
merchandise was classifiable under item numbers 155.2025, 155.2045, 
155.3000 and 183.05 of the Tariff Schedules of the United States 
Annotated (``TSUSA''). This merchandise is currently classifiable under 
item numbers 1701.11.05, 1701.11.10, 1701.11.20, 1701.11.50, 
1701.12.05, 1701.12.10, 1701.12.50, 1701.91.05, 1701.91.10, 1701.90.30, 
1701.99.05, 1701.99.1000, 1701.99.1090, 1701.99.5000, 1701.99.5090, 
1702.90.05, 1702.90.10, 1702.90.20, 2106.90.42, 2106.90.44, 2106.90.46 
of the Harmonized Tariff Schedule (``HTS''). Specialty sugars are 
exempt from the scope of this finding. On December 7, 1987, two 
interested parties, the United States Beet Sugar Association and the 
United States Cane Sugar Refiners' Association, requested a scope 
review of blends of sugar and dextrose, a corn-derived sweetner, 
containing at least 65 percent sugar. The merchandise is currently 
imported under the HTS item number 1701.99.00. On June 21, 1990, the 
Department issued a final scope clarification memorandum, which 
determined that such blends are within the scope of the finding, and 
that imports of such blends from the Community are subject to the 
corresponding countervailing duty.

Background

    The Department published the notice of initiation of the second 
sunset review of the countervailing duty finding on sugar from the 
Community pursuant to section 751(c) of the Act. See Initiation of 
Five-Year (``Sunset'') Reviews, 69 FR 53408 (September 1, 2004). The 
Department received the Notice of Intent to Participate from the United 
States Beet Sugar Association, American Sugar Refiners' Association, 
American Sugar Cane League, Sugar Cane Growers Cooperative of Florida, 
Florida Sugar Cane League, Rio Grande Valley Sugar Growers, Inc., 
Hawaii Sugar Farmers, and the American Sugarbeet Growers Association, 
(collectively ``domestic interested parties''), within the deadline 
specified in section 351.218(d)(1)(i) of the Department's Regulations 
(``Sunset Regulations''). The domestic interested parties claimed 
interested party status under section 771(9)(E) of the Act, as trade 
associations, the majority of whose members produce the domestic like 
product in the United States. We received substantive responses from 
domestic interested parties and the European Union Delegation of the 
European Commission (the ``Community'') within the deadline specified 
in 19 CFR 351.218(d)(3)(i).\1\ As a result, pursuant to section 
751(c)(5) of the Act and 19 CFR 351.218(e)(2)(i), the Department is 
conducting a full sunset review of this finding.
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    \1\ The European Commission is the authority responsible for 
administrating the sugar export restitution scheme. The European 
Commission has in the past participated in this proceeding.
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Analysis of Comments Received

    All issues raised in these reviews are addressed in the ``Issues 
and Decision Memorandum'' (``Decision Memo'') from Ronald K. Lorentzen, 
Acting Director, Office of Policy, Import Administration, to Joseph A. 
Spetrini, Acting Assistant Secretary for Import Administration, dated 
March 21, 2005, which is hereby adopted by this notice. The issues 
discussed in the Decision Memo include the likelihood of continuation 
or recurrence of a countervailable subsidy and the net countervailing 
subsidy likely to prevail if the finding were revoked. Parties can find 
a complete discussion of all issues raised in this review and the 
corresponding recommendations in this public memorandum, which is on 
file in room B-099 of the main Commerce Building.
    In addition, a complete version of the Decision Memo can be 
accessed directly on the Web at http://ia.ita.doc.gov, under the 
heading ``March 2005.'' The paper copy and electronic version of the 
Decision Memo are identical in content.

Preliminary Results of Review

    The Department preliminarily finds that revocation of the 
countervailing duty finding on sugar from the Community would be likely 
to lead to continuation or recurrence of a countervailable subsidy. The 
net countervailable subsidy likely to prevail if the finding were 
revoked is 21.62 cents per pound. Interested parties may submit case 
briefs no later than May 9, 2005, in accordance with 19 CFR 351.309 
(c)(1)(i). Any interested party may request a hearing within 30 days of 
publication of this notice in accordance with 19 CFR 351.310 (c). 
Rebuttal briefs, which must be limited to issues raised in the case 
briefs, may be filed not later than May 14, 2005, in accordance with 19 
CFR 351.309 (d). Any hearing, if requested, will be held on May 16, 
2005. The Department will issue a notice of final results of this 
sunset review, which will include the results of its analysis of issues 
raised in any such comments, no later than July 27, 2005.
    We are issuing and publishing the results and notice in accordance 
with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: March 21, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-1307 Filed 3-24-05; 8:45 am]
BILLING CODE 3510-DS-P