The U.S. International Trade Commission (ITC) today determined that revoking the existing countervailing duty order on sugar from the European Union and the existing antidumping findings on sugar from Belgium, France, and Germany would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. The Commission further determined that revoking the existing antidumping duty order on sugar and syrups from Canada would not be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
As a result of the Commission's determinations and the Department of Commerce's recent affirmative findings, the existing countervailing duty order on sugar from the European Union and the existing antidumping findings on sugar from the European Union, Belgium, France, and Germany will remain in place. As a result of the Commission's negative determination regarding sugar and syrups from Canada, the existing antidumping order on those products will be revoked, effective January 1, 2000.
Chairman Lynn M. Bragg, Vice Chairman Marcia E. Miller, and Commissioners Jennifer A. Hillman and Stephen Koplan found that revoking the existing order and findings on sugar from the European Union, Belgium, France, and Germany would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. Commissioners Carol T. Crawford and Thelma J. Askey found that revoking the existing order and findings on sugar from the European Union, Belgium, France, and Germany would not be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. All six Commissioners found that revoking the existing antidumping duty order on sugar and syrups from Canada would not be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
Today's action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act. See the attached page for background on these five-year (sunset) reviews.
The Commission's public report Sugar from the European Union; Sugar from Belgium, France, and Germany; and Sugar and Syrups from Canada (Invs. Nos. 104-TAA-7; AA1921-198-200; and 731-TA-3 (Review), USITC Publication 3238, September 1999) will contain the views of the Commission and information developed during the reviews.
Copies may be requested after October 18, 1999, by calling 202-205-1809 or by contacting the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by fax at 202-205-2104.
BACKGROUND
The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the ITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (ITC) within a reasonably foreseeable time. Reviews of outstanding antidumping and countervailing duty orders in existence as of January 1, 1995, began in July 1998.
The Commission's institution notice in five-year reviews requests that interested parties file responses with the Commission concerning the likely effects of revoking the order under review as well as other information. Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review. If responses to the ITC's notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.
The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews. Commissioners base their injury determination in expedited reviews on the facts available, including the Commission's prior injury determination, responses received to its notice of institution, data collected by staff in connection with the review, and information provided by the Department of Commerce.
The five-year (sunset) reviews concerning Sugar from the European Union; Sugar from Belgium, France, and Germany; and Sugar and Syrups from Canada were instituted on October 1, 1998.
On January 7, 1999, the Commission voted to conduct full reviews in these cases. With regard to sugar and syrups from Canada, Chairman Lynn M. Bragg, Vice Chairman Marcia E. Miller, and Commissioners Carol T. Crawford, Jennifer A. Hillman, Stephen Koplan, and Thelma J. Askey concluded that both domestic and respondent group responses in this review were adequate and voted for a full review. With regard to sugar from the European Union, Chairman Bragg, Vice Chairman Miller, and Commissioners Hillman and Koplan concluded that domestic group responses for this review were adequate and respondent group responses were inadequate, but that circumstances warranted a full review; Commissioner Askey concluded that both domestic and respondent group responses for this review were inadequate, but that circumstances warranted a full review; and Commissioner Crawford concluded that domestic group responses for this review were adequate and respondent group responses were inadequate and voted for an expedited review. With regard to sugar from Belgium, France, and Germany, Chairman Bragg concluded that domestic group responses in these reviews were adequate and that respondent group responses were inadequate, but that circumstances warranted full reviews; Vice Chairman Miller and Commissioners Hillman and Koplan concluded that both domestic and respondent group responses in these reviews were inadequate, but that circumstances warranted full reviews; and Commissioners Crawford and Askey concluded that both domestic and respondent group responses in these reviews were inadequate and voted for expedited reviews.
Information concerning the reasons for the Commission's votes to conduct full reviews was published in the Federal Register on February 1, 1999. That notice and a record of the Commission's votes are posted on the ITC's Internet server at www.usitc.gov (under "Five-Year (Sunset) Reviews"/"Five-Year Reviews Listing"/"Sugar from the European Union," "Sugar from Belgium," "Sugar from France," "Sugar from Germany," and "Sugar and Syrups from Canada").
In addition, a record of the Commission's votes to conduct full reviews is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by telephone by calling 202-205-1802.