[Federal Register: April 25, 2001 (Volume 66, Number 80)]
[Notices]               
[Page 20788]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25ap01-28]                         

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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.

ACTION: Notice of rescission of antidumping duty administrative review.

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SUMMARY: On June 2, 2000 the Department of Commerce (the Department) 
published in the Federal Register the notice of initiation of an 
administrative review of the antidumping duty order on sorbitol from 
France for Amylum France and Amylum SPI Europe. See Initiation of 
Antidumping and Countervailing Duty Administrative Reviews, 65 FR 35320 
(June 2, 2000). This review covers the period April 1, 1999 through 
March 31, 2000. We are now rescinding this review because we have 
determined that the respondents had no shipments during the period of 
review.

EFFECTIVE DATE: April 25, 2001.

FOR FURTHER INFORMATION CONTACT: Fred Baker or Robert James, AD/CVD 
Enforcement Group III--Office 8, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482-
2924 (Baker), (202) 482-0649 (James).

SUPPLEMENTARY INFORMATION:

Applicable Statute

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (the Tariff Act), are references to the provisions 
effective January 1, 1995, the effective date of the amendments made to 
the Tariff Act by the Uruguay Round Agreements Act (URAA). In addition, 
unless otherwise indicated, all references to the Department's 
regulations are to 19 CFR Part 351 (2000).

Background

    The Department published an antidumping duty order on sorbitol from 
France on April 9, 1982 (47 FR 15391). The Department published a 
notice of ``Opportunity to Request an Administrative Review'' of the 
antidumping duty order for the 1999/2000 review period on April 12, 
2000 (65 FR 19736). On May 5, 2000 the Department published a 
correction to the original April 12, 2000 ``Opportunity to Request 
Administrative Review.'' On April 28, 2000 Roquette America, Inc. 
(petitioner) requested that the Department conduct an administrative 
review of the antidumping duty order for the period April 1, 1999 
through March 31, 2000 covering the exports of the French 
manufacturers/exporters Amylum France and Amylum SPI Europe 
(collectively Amylum). We published a notice of initiation of the 
review on June 2, 2000 (65 FR 35320).

Scope of the Review

    The merchandise under review is 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.
    Crystalline sorbitol is currently classifiable under item 
2905.44.0000 of the Harmonized Tariff Schedule of the United States 
(HTSUS). Although the HTSUS subheading is provided for convenience and 
Customs purposes, the written description of the merchandise under 
review is dispositive of whether or not the merchandise is covered by 
the review.

Rescission of Review

    On June 22, 2000, in response to the Department's questionnaire, 
Amylum stated that it had made no shipments of the subject merchandise 
to the United States during the period of review (POR). The Department 
then examined U.S. Customs data, and found no evidence that Amylum had 
any shipments during the POR. Consequently, on August 15, 2000 the 
Department invited petitioner to submit for the record any contrary 
information it may have. On August 18, 2000 petitioner submitted 
publicly available Customs data which it argued demonstrated that 
Amylum must have had shipments during the POR. Subsequently, the 
Department examined Customs entry documentation for relevant imports 
during the POR. From this examination and our prior review of Customs 
data, we determined that Amylum had no shipments during the POR. For 
additional information, see the Memorandum from Robert James to Joseph 
Spetrini, dated March 27, 2001, on file in the Central Records Unit of 
the Department of Commerce building. Because there is no evidence 
suggesting that Amylum had any entries during the POR, we are 
rescinding this review pursuant to section 351.213(d)(3) of the 
Department's regulations.
    This notice is in accordance with sections 751 of the Tariff Act 
and section 351.213(d) of the Department's regulations.

    Dated: April 19, 2001.
Joseph A. Spetrini,
Deputy Assistant Secretary, Enforcement Group III.
[FR Doc. 01-10280 Filed 4-24-01; 8:45 am]
BILLING CODE 3510-DS-P