[Federal Register Volume 70, Number 149 (Thursday, August 4, 2005)]
[Notices]
[Pages 44896-44897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-4189]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-408-046]


Sugar from the European Community; Final Results of the Full 
Sunset Review of the Countervailing Duty Order

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 
(``CVD'') finding on sugar from the European Community (``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 
conducted a full sunset review of the countervailing duty finding on 
sugar from the Community. As a result of this sunset review, the 
Department finds that revocation of the CVD finding would likely lead 
to continuation or recurrence of countervailable subsidies at the level 
indicated in the ``Final Results of Review'' section of this notice.

EFFECTIVE DATE: August 4, 2005.

FOR FURTHER INFORMATION CONTACT: Tipten Troidl, AD/CVD Operations, 
Office 3, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street & Constitution Avenue, NW, 
Washington, DC 20230; telephone: (202) 482-1767.

SUPPLEMENTARY INFORMATION:

Background

    On September 1, 2004, the Department initiated a sunset review of 
the CVD finding on sugar from the Community. See Notice of Initiation 
of Five-year (``Sunset'') Review, 69 FR 53408 (September 1, 2004). On 
March 25, 2005, the Department published the preliminary results of the 
full sunset review of the CVD finding on sugar from the Community. See 
Sugar From the European Community; Preliminary Results of Full Sunset 
Review of the Countervailing Duty Finding, 70 FR 15293 (March 25, 2005) 
(``Preliminary Sunset Results''), and the accompanying Issues and 
Decision Memorandum for the Five-year (``Sunset'') Review of the 
Countervailing Duty Finding on Sugar from the European Community; 
Preliminary Results, dated March 25, 2005 (``Preliminary Results 
Decision Memorandum'').\1\ In our Preliminary Sunset Results, we found 
that benefits from the export restitution payment program would likely 
continue or recur were the order revoked.
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    \1\ For a full discussion of the history of this finding prior 
to the Preliminary Sunset Results, see the March 25, 2005, 
Preliminary Results Decision Memorandum.
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    On May 9, 2005, the Department received a case brief from the 
United States Beet Sugar Association, the American Sugar Refiners' 
Association, the American Sugar Cane League, the Sugar Cane Growers 
Cooperative of Florida, the Florida Sugar Cane League, Rio Grande 
Valley Sugar Growers, Inc., Hawaii Sugar Farmers, and the American 
Sugarbeet Growers Association, (collectively ``domestic interested 
parties''). The Department did not receive a case or rebuttal brief 
from the Community.

Scope of the Finding

    Imports covered by this countervailing duty finding are shipments 
of sugar from the European Community. During the investigation,

[[Page 44897]]

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, 
1701.91.30, 1701.99.05, 1701.99.1090, 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 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.

Analysis of Comments Received:

    All issues raised in this review are addressed in the Issues and 
Decision Memorandum (``Decision Memorandum'') from Barbara E. Tillman, 
Acting Deputy Assistant Secretary for Import Administration, to Joseph 
A. Spetrini, Acting Assistant Secretary for Import Administration, 
dated July 28, 2005, which is hereby adopted by this notice. The issues 
discussed in the accompanying Decision Memorandum include the 
likelihood of continuation or recurrence of a countervailable subsidy 
were the order revoked. Parties can find a complete discussion of all 
issues raised in this review and the corresponding recommendation in 
this public memorandum which is on file in the Central Records Unit, 
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/frn. The paper copy and electronic version of 
the Decision Memorandum are identical in content.

Final Results of Review

    The Department 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 21.73 cents per pound.

Notification Regarding Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (``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: July 28, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-4189 Filed 8-3-05; 8:45 am]
BILLING CODE 3510-DS-S