[Federal Register Volume 70, Number 178 (Thursday, September 15, 2005)]
[Notices]
[Pages 54522-54523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-5029]



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DEPARTMENT OF COMMERCE

International Trade Administration

[A-423-007, A-427-078, A-428-082, C-408-046]


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

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On September 1, 2004, the Department of Commerce (``the 
Department'') initiated its second sunset review of the antidumping 
(``AD'') findings on sugar from Belgium, France, Germany and the 
countervailing duty (``CVD'') order on sugar from the European 
Community. See Notice of Initiation of Five-year (``Sunset'') Reviews, 
69 FR 53408 (September 1, 2004). Pursuant to section 751(c) of the 
Tariff Act of 1930, as amended (``the Act''), the International Trade 
Commission (``the ITC''), in its sunset review, determined that 
revocation of the AD findings on sugar from Belgium, France, Germany 
and the CVD order on sugar from the European Community (``EC'') would 
not 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, 70 FR 52446 (September 2, 2005). Therefore, pursuant to 
section 751(d)(2) of the Act and 19 CFR 351.222(i)(1)(iii), the 
Department is revoking the AD findings on sugar from Belgium, France, 
Germany, and the CVD order on sugar from the EC.

EFFECTIVE DATE: October 28, 2004.

FOR FURTHER INFORMATION CONTACT: David Goldberger, AD/CVD Operations, 
Office 3, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-4136.

SUPPLEMENTARY INFORMATION:

Scope of the Findings and Order

    Imports covered by these AD 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 AD 
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.
    Imports covered by this CVD order are shipments of sugar from the 
EC. 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 HTSUS. Specialty sugars are 
exempt from the scope of this order. 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 HTSUS 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 order, and that 
imports of such blends from the EC are subject to the corresponding 
CVD.

Background

    On June 13, 1979, following affirmative injury determinations by 
the ITC, the Department of the Treasury (``Treasury'') issued 
antidumping duty findings on imports of sugar from Belgium, France, and 
Germany with country-wide rates of 103 percent for Belgian sugar, 102 
percent for French sugar, and 121 percent for German sugar. See Sugar 
from Belgium, France, and the Republic of Germany, Treasury Decision 
79-167, 44 FR 33878 (June 13, 1979). On July 31, 1978, Treasury issued 
its final determination finding that exports from the EC of sugar 
benefitted from bounties or grants within the meaning of section 303 of 
the Tariff Act of 1930. See Final Countervailing Duty Determination, 
T.D. 78-253, 43 FR 33237 (July 31, 1978). On September 1, 2004, the 
Department initiated, and the ITC instituted, sunset reviews of the AD 
and CVD orders on sugar from Belgium, France, Germany, and the European 
Community. See Notice of Initiation of Five-year (``Sunset'') Reviews, 
69 FR 53408 (September 1, 2004). As a result of its review, the 
Department found that revocation of the AD orders would likely lead to 
continuation or recurrence of dumping, and notified the ITC of the 
magnitude of the margin likely to prevail were the orders to be 
revoked. See Final Results of Expedited Sunset Reviews of Antidumping 
Duty Findings, 70 FR 17231 (April 5, 2005). On September 2, 2005, the 
ITC determined, pursuant to section 751(c) of the Act, that revocation 
of the AD findings on sugar from Belgium, France, Germany, and the CVD 
order on sugar from the EC would not 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, 70 FR 52446 (September 
2, 2005) and USITC Publication 3793 (August 2005), entitled Sugar from 
the European Union, and Sugar from Belgium, France, and Germany: 
Investigation Nos. 104-TAA-7 (Second Review) and AA1921-198-200 (Second 
Review).

Determination

    As a result of the determination by the ITC that revocation of 
these AD findings and CVD order is not likely to lead to continuation 
or recurrence of material injury to an industry in the United States, 
the Department, pursuant to section 751(d) of the Act, is revoking the 
AD findings on sugar from Belgium, France and Germany and the CVD order 
on sugar from the EC. Pursuant to section 751(d)(2) of the Act and 19 
CFR 351.222(i)(2)(i), the effective date of revocation is October 28, 
2004 (i.e., the fifth anniversary of the date of publication in the 
Federal Register of the notice of continuation of the AD findings and 
the CVD order). The Department will notify U.S. Customs and Border 
Protection to discontinue suspension of liquidation and collection of 
cash deposits on entries of the subject merchandise entered or 
withdrawn from warehouse on or after October 28, 2004, the effective 
date of revocation of the AD findings and the CVD order. The Department 
will complete any pending administrative reviews of these findings or 
order and will conduct

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administrative reviews of subject merchandise entered prior to the 
effective date of revocation in response to appropriately filed 
requests for review.
    These five-year sunset reviews and notice are in accordance with 
section 751(d)(2) and published pursuant to section 777(i)(1) of the 
Act.

    Dated: September 9, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-5029 Filed 9-14-05; 8:45 am]
BILLING CODE 3510-DS-S