[Federal Register: August 4, 2005 (Volume 70, Number 149)]
[Notices]
[Page 44896-44897]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04au05-31]
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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