[Federal Register Volume 75, Number 159 (Wednesday, August 18, 2010)]
[Notices]
[Pages 51015-51016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20495]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-427-001]
Sorbitol From France: Notice of Rescission of Antidumping Duty
Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On May 28, 2010, the U.S. Department of Commerce (the
Department) published a notice of initiation of an administrative
review of the antidumping duty order on sorbitol from France. The
review covers one producer/exporter of sorbitol, Syral S.A.S. (Syral).
Based on the withdrawal of the requests for review from Archer Daniels
Midland Company (ADM) and Corn Products International (CP), domestic
producers of sorbitol, we are now rescinding this administrative review
in full.
DATES: Effective Date: August 18, 2010
FOR FURTHER INFORMATION CONTACT: Steve Bezirganian or Robert James, AD/
CVD Operations, Office 7, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
1131 or (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 1, 2010, the Department published in the Federal Register
the notice of opportunity to request an administrative review of the
antidumping duty order on sorbitol from France for the period April 1,
2009, through March 31, 2010. See Antidumping or Countervailing Duty
Order, Finding, or Suspended Investigation; Opportunity to Request
Administrative Review, 75 FR 16426 (April 1, 2010). On April 5, 2010,
the Department received a request from CP that the Department conduct
an administrative review covering Syral. On April 30, 2010, the
Department received a request from ADM that the Department conduct an
administrative review covering Syral. On May 28, 2010, the Department
published in the Federal Register the notice of initiation of the 2009-
2010 administrative review of sorbitol from France. See Initiation of
Antidumping and Countervailing Duty Administrative Reviews, 75 FR 29976
(May 28, 2010).
On June 3, 2010, the Department issued its antidumping duty
questionnaire to Syral. On June 25, 2010, CP withdrew its request for
review of Syral. On August 2, 2010, ADM withdrew its request for review
of Syral.
Period of Review
The period of review (POR) at the time the review was initiated was
April 1, 2009, through March 31, 2010. Subsequently, the antidumping
duty order on sorbitol from France was revoked, effective August 5,
2009. See Revocation of Antidumping Duty Order on Sorbitol from France,
75 FR 42380 (July 21, 2010). Consequently, the POR for the
administrative review became April 1, 2009, through August 4, 2009.
Scope of the Order
The products under review are shipments of crystalline sorbitol.
Crystalline sorbitol is a polyol produced by the catalytic
hydrogenation of sugars (glucose). It is used in the production of
sugarless gum, candy, groceries, and pharmaceuticals. The above-
described sorbitol is currently classifiable under item 2905.44.00 of
the Harmonized Tariff Schedule of the United States (HTSUS). Although
the HTSUS subheading is provided for convenience and customs purposes,
the written description remains dispositive.
Rescission of Antidumping Administrative Review
19 CFR 351.213(d)(1) of the Department's regulations provides that
the Department will rescind an administrative review if the party that
requested the review withdraws its request for review within 90 days of
the date of publication of the notice of initiation of the requested
review, or withdraws at a later date if the Department determines it is
reasonable to extend the time limit for withdrawing the request. CP and
ADM withdrew their requests for review of Syral within the 90-day
deadline.
Assessment Instructions
The Department will instruct U.S. Customs and Border Protection
(CBP) to assess antidumping duties on all appropriate entries. For the
company for which this review is rescinded, antidumping duties shall be
assessed at rates equal to the cash deposit of estimated antidumping
duties required at the time of entry, or withdrawal from
[[Page 51016]]
warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i).
The Department intends to issue appropriate assessment instructions
directly to CBP 15 days after publication of this notice.
Notification to Importers
This notice serves as a reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
Notification Regarding Administrative Protective Orders
This notice serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
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 sanctionable
violation.
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended,
and 19 CFR 351.213(d)(4).
Dated: August 10, 2010.
Edward C. Yang,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2010-20495 Filed 8-17-10; 8:45 am]
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