[Federal Register: March 25, 2005 (Volume 70, Number 57)]
[Notices]
[Page 15293-15294]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25mr05-37]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-408-046]
Sugar From the European Community; Preliminary Results of Full
Sunset Review of the Countervailing Duty Finding
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
finding on sugar from the European Community
[[Page 15294]]
(``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 is
conducting a full sunset review of the countervailing duty finding on
sugar from the Community. As a result of this sunset review, the
Department preliminarily finds that revocation of the countervailing
duty finding would likely lead to continuation or recurrence of
countervailable subsidies. The net countervailabe subsidy rate and the
nature of the subsidy are identified in the ``Preliminary Results of
Review'' section of this notice.
EFFECTIVE DATE: March 25, 2005.
FOR FURTHER INFORMATION: Martha V. Douthit, Office of Policy for Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street & Constitution Avenue, NW., Washington, DC 20230;
telephone: (202) 482-5050.
SUPPLEMENTARY INFORMATION:
Scope
Imports covered by this countervailing duty finding are shipments
of sugar from the European Community. During the review period, 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, 1701.90.30,
1701.99.05, 1701.99.1000, 1701.99.1090, 1701.99.5000, 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 the 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.
Background
The Department published the notice of initiation of the second
sunset review of the countervailing duty finding on sugar from the
Community pursuant to section 751(c) of the Act. See Initiation of
Five-Year (``Sunset'') Reviews, 69 FR 53408 (September 1, 2004). The
Department received the Notice of Intent to Participate from the United
States Beet Sugar Association, American Sugar Refiners' Association,
American Sugar Cane League, Sugar Cane Growers Cooperative of Florida,
Florida Sugar Cane League, Rio Grande Valley Sugar Growers, Inc.,
Hawaii Sugar Farmers, and the American Sugarbeet Growers Association,
(collectively ``domestic interested parties''), within the deadline
specified in section 351.218(d)(1)(i) of the Department's Regulations
(``Sunset Regulations''). The domestic interested parties claimed
interested party status under section 771(9)(E) of the Act, as trade
associations, the majority of whose members produce the domestic like
product in the United States. We received substantive responses from
domestic interested parties and the European Union Delegation of the
European Commission (the ``Community'') within the deadline specified
in 19 CFR 351.218(d)(3)(i).\1\ As a result, pursuant to section
751(c)(5) of the Act and 19 CFR 351.218(e)(2)(i), the Department is
conducting a full sunset review of this finding.
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\1\ The European Commission is the authority responsible for
administrating the sugar export restitution scheme. The European
Commission has in the past participated in this proceeding.
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Analysis of Comments Received
All issues raised in these reviews are addressed in the ``Issues
and Decision Memorandum'' (``Decision Memo'') from Ronald K. Lorentzen,
Acting Director, Office of Policy, Import Administration, to Joseph A.
Spetrini, Acting Assistant Secretary for Import Administration, dated
March 21, 2005, which is hereby adopted by this notice. The issues
discussed in the Decision Memo include the likelihood of continuation
or recurrence of a countervailable subsidy and the net countervailing
subsidy likely to prevail if the finding were revoked. Parties can find
a complete discussion of all issues raised in this review and the
corresponding recommendations in this public memorandum, which is on
file in room B-099 of the main Commerce Building.
In addition, a complete version of the Decision Memo can be
accessed directly on the Web at http://ia.ita.doc.gov, under the
heading ``March 2005.'' The paper copy and electronic version of the
Decision Memo are identical in content.
Preliminary Results of Review
The Department preliminarily 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 21.62 cents per pound. Interested parties may submit case
briefs no later than May 9, 2005, in accordance with 19 CFR 351.309
(c)(1)(i). Any interested party may request a hearing within 30 days of
publication of this notice in accordance with 19 CFR 351.310 (c).
Rebuttal briefs, which must be limited to issues raised in the case
briefs, may be filed not later than May 14, 2005, in accordance with 19
CFR 351.309 (d). Any hearing, if requested, will be held on May 16,
2005. The Department will issue a notice of final results of this
sunset review, which will include the results of its analysis of issues
raised in any such comments, no later than July 27, 2005.
We are issuing and publishing the results and notice in accordance
with sections 751(c), 752, and 777(i)(1) of the Act.
Dated: March 21, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-1307 Filed 3-24-05; 8:45 am]