[Federal Register Volume 74, Number 211 (Tuesday, November 3, 2009)]
[Notices]
[Pages 56793-56794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26427]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-427-001]


Sorbitol from France: Final Results of Expedited Five-year 
(Sunset) Review of Antidumping Duty Order

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

SUMMARY: On July 1, 2009, the Department of Commerce (the Department) 
initiated a sunset review of the antidumping duty order on sorbitol 
from France 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 
and adequate substantive responses filed on behalf of domestic 
interested party, and the lack of a response from respondent interested 
parties, the Department conducted an expedited (120-day) sunset review 
of this antidumping duty order. As a result of this sunset review, the 
Department finds that revocation of the antidumping duty orders would 
be likely to lead to continuation or recurrence of dumping at the 
levels identified below in the ``Final Results of Sunset Review'' 
section of this notice.

EFFECTIVE DATE: November 3, 2009.

FOR FURTHER INFORMATION: David Cordell, AD/CVD Operations, Office 7, or 
Dana Mermelstein, AD/CVD Operations, Office 6, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW, Washington, DC 20230; telephone: 
(202) 482-0408, or (202) 482-1391, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 1, 2009, the Department initiated a sunset review of the 
antidumping duty order on sorbitol from France pursuant to section 
751(c) of the Act. See Initiation of Five-year (Sunset) Reviews, 74 FR 
31412 (July 1, 2009). The Department received a notice of intent to 
participate from one domestic interested party, Archer Daniels Midland 
Company (ADM) within the deadline specified in section 351.218(d)(1)(i) 
of the Department's regulations.\1\ A second domestic interested party, 
Corn Products International (Corn Products) filed its intent to 
participate on July 22, 2009, a week after the regulatory deadline. 
Further, Corn Products filed comments on July 31, 2009. The Department 
rejected Corn Products' filings as untimely on August 11, 2009. See 
Letter to Corn Products, dated August 11, 2009.
    ADM claimed interested party status under section 771(9)(C) of the 
Act as U.S. producers of the subject merchandise. On July 31, 2009, the 
Department received complete substantive responses from ADM within the 
30-day deadline specified in 19 CFR 351.218(d)(3)(ii). However, the 
Department received no substantive responses from respondent interested 
parties.\2\ As a result, pursuant to section

[[Page 56794]]

751(c)(3)(B) of the Act and 19 CFR. 351.218(e)(1)(ii)(C)(2), the 
Department has conducted an expedited sunset review of this order.
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    \1\ Counsel for ADM notified the Department by telephone that 
ADM intended to participate in this proceeding and requested that 
ADM be permitted to file its notification one day after the 
regulatory deadline of July 16, 2009. The Department acceded to this 
request and accepted ADM's notice of intent, filed on July 17, 2009. 
See Memorandum to the file from Dana S. Mermelstein dated July 21, 
2009.
    \2\ Roquette Freres, a respondent interested party, made a 
submission to the Department on August 17, 2009, containing comments 
on the notices of intent to participate by domestic interested 
parties. See Issues and Decision Memorandum for details. ADM filed 
comments in response to Roquette Freres on August 18, 2009 and on 
September 1, 2009, ADM filed comments on the Adequacy of Responses 
and Appropriateness of an Expedited Review.
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Scope of the Orders

    The products covered by this order are shipments of crystalline 
sorbitol (sorbitol), a polyol produced by the hydrogenation of sugars 
(glucose), used in the production of sugarless gum, candy, groceries, 
and pharmaceuticals. The above-described sorbitol is classified under 
HTS subheading 2905.44.00. The HTS subheading is provided for 
convenience and for customs purposes. The written description remains 
dispositive.

Analysis of Comments Received

    All issues raised in this case are addressed in the ``Issues and 
Decision Memorandum'' from Richard Weible, Director Office 7 to John M. 
Andersen, Acting Deputy Assistant Secretary for AD/CVD Operations, 
Import Administration, dated October 28, 2009, (Decision Memorandum), 
which is hereby adopted by this notice. The issues discussed in the 
Decision Memorandum include the likelihood of continuation or 
recurrence of dumping and the magnitude of the margin likely to prevail 
if the order was revoked. Parties can find a complete discussion of all 
issues raised in this sunset review and the corresponding 
recommendations in this public memorandum, which is on file in room 
1117 of the main Department building.
    In addition, a complete version of the Decision Memorandum can be 
accessed directly on the Internet at http://ia.ita.doc.gov/frn/. The 
paper copy and electronic version of the Decision Memorandum are 
identical in content.

Final Results of Sunset Reviews

    The Department has determined that revocation of the antidumping 
duty order on sorbitol from France would likely lead to continuation or 
recurrence of dumping at the following percentage weighted-average 
margins:

------------------------------------------------------------------------
                                                       Weighted-Average
          Manufacturers/Exporters/Producers            Margin (Percent)
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Roquette Freres.....................................        2.90 percent
All Others..........................................        2.90 percent
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    This notice 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. 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.
    The Department is issuing and publishing these results and this 
notice in accordance with sections 751(c), 752, and 777(i)(1) of the 
Act.

    Dated: October 28, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. E9-26427 Filed 11-2-09; 8:45 am]
BILLING CODE 3510-DS-S