[Federal Register Volume 70, Number 64 (Tuesday, April 5, 2005)]
[Notices]
[Pages 17231-17232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-1537]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-423-077, A-427-078, A-428-082]


Sugar From Belgium, France, and Germany; Notice of Final Results 
of Expedited Sunset Reviews of Antidumping Duty Findings

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On September 1, 2004, the Department of Commerce (``the 
Department'') initiated sunset reviews of the antidumping duty findings 
on sugar from Belgium, France, and Germany pursuant to section 751(c) 
of the Tariff Act of 1930, as amended (``the Act''). On the basis of a 
Notice of Intent to Participate, adequate substantive responses filed 
on behalf of domestic interested parties, and inadequate responses from 
respondent interested parties, the Department conducted expedited (120-
day) sunset reviews. As a result of these sunset reviews, the 
Department finds that revocation of the antidumping duty findings would 
be likely to lead to continuation or recurrence of dumping. The dumping 
margins are identified in the Final Results of Reviews section of this 
notice.

DATES: Effective Date: April 5, 2005.

FOR FURTHER INFORMATION: Hilary E. Sadler, Esq., Office of Policy for 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street & Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-4340.

SUPPLEMENTARY INFORMATION

[[Page 17232]]

Background

    On September 1, 2004, the Department published the notice of 
initiation of the sunset reviews of the antidumping duty findings on 
sugar from Belgium, France, and Germany.\1\ On September 13, 2004, the 
Department received a Notice of Intent to Participate from the American 
Sugar Cane League, the Sugar Cane Growers Cooperative of Florida, the 
Florida Sugar Cane League, the Hawaii Sugar Growers, the Rio Grande 
Valley Sugar Growers, the U.S. Beet Sugar Association, and the American 
Sugarbeet Growers Association (collectively ``domestic interested 
parties'') within the deadline specified in section 315.218(d)(1)(i) of 
the Department's regulations. The domestic interested parties claimed 
interested party status under section 771(9)(E) of the Act, as a trade 
association, a majority of whose members produce the like product in 
the United States. On October 1, 2004, the Department received complete 
substantive responses from the domestic interested parties within the 
deadline specified in section 351.218(d)(3)(i) of the Department's 
regulations. We did not receive responses from any respondent 
interested parties to this proceeding. As a result, pursuant to section 
751(c)(3)(B) of the Act and section 351.218(e)(1)(ii)(C)(2) of the 
Department's regulations, the Department determined to conduct 
expedited reviews of these findings.
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    \1\ See Initiation of Five-Year (``Sunset'') Reviews, 69 FR 
53408 (September 1, 2004) (``Initiation Notice'').
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Scope of the Findings

    Imports covered by these findings are shipments of sugar, both raw 
and refined, with the exception of specialty sugars, from Belgium, 
France and Germany. The finding on sugar from France excludes 
homeopathic sugar pellets meeting the following criteria: (1) Composed 
of 85 percent sucrose and 15 percent lactose; (2) have 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. 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). The merchandise subject to these findings 
is currently classifiable in the Harmonized Tariff Schedule of the 
United States (``HTSUS'') at subheadings: 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, 1701.91.30, 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, and 2106.90.46. Although the HTSUS subheadings 
are provided for convenience and customs purposes, the written 
description of the scope of the findings is dispositive.

Analysis of Comments Received

    All issues raised in these reviews are addressed in the ``Issues 
and Decision Memorandum'' (``Decision Memorandum'') from Ronald K. 
Lorentzen, Acting Director, Office of Policy, Import Administration, to 
Joseph A. Spetrini, Acting Assistant Secretary for Import 
Administration, dated March 30, 2005, which is hereby adopted by this 
notice. The issues discussed in the Decision Memo include the 
likelihood of continuation or recurrence of dumping and the magnitude 
of the margins likely to prevail if the findings were revoked. Parties 
can find a complete discussion of all issues raised in these reviews 
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 Memorandum can be 
accessed directly on the Web at http://ia.ita.doc.gov/sunset/index.html, under the heading ``April 2005.'' The paper copy and 
electronic version of the Decision Memorandum are identical in content.

Final Results of Reviews >We determine that revocation of the 
antidumping duty findings on sugar from Belgium, France, and Germany 
would likely lead to continuation or recurrence of dumping at the 
following weighted-average percentage margins:

------------------------------------------------------------------------
                                                               Weighted
                                                                average
             Manufacturers/exporters/ producers                 margin
                                                               (percent)
------------------------------------------------------------------------
All Belgian Manufacturers/Exporters.........................         103
All French Manufacturers/Exporters..........................         102
All German Manufacturers/Exporters..........................         121
------------------------------------------------------------------------

    This notice also serves as the only reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305 of the 
Department's regulations. Timely notification of the return or 
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and terms 
of an APO is a violation which is subject to sanction.
    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 30, 2005.
Joseph A. Spetrini,
 Acting Assistant Secretary for Import Administration.
[FR Doc. E5-1537 Filed 4-4-05; 8:45 am]
BILLING CODE 3510-DS-P