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 duty orders on sugar from Belgium, France, and Germany 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 negative determinations, the existing orders on sugar from these countries will be revoked.

Chairman Stephen Koplan, Vice Chairman Deanna Tanner Okun, and Commissioners Jennifer A. Hillman, Charlotte R. Lane, and Daniel R. Pearson found that revoking the existing orders would not be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. Commissioner Marcia E. Miller found that revoking the existing orders would 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 this five-year (sunset) review.

The Commission's public report Sugar from the European Union and Sugar from Belgium, France, and Germany (Inv. Nos. 104-TAA-7 (2nd Review) and AA1921-198-200 (2nd Review)), USITC Publication 3793, August 2005) will contain the views of the Commission and information developed during the review.

Copies may be requested after September 19, 2005, 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.

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 and review determinations, 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 and Sugar from Belgium, France, and Germany were instituted on September 1, 2004.

On December 6, 2004, the Commission voted to conduct full reviews. Chairman Stephen Koplan, Vice Chairman Deanna Tanner Okun, and Commissioners Charlotte R. Lane and Daniel R. Pearson concluded that the domestic group response was adequate and the respondent group responses were inadequate, but that circumstances warranted full reviews. Commissioners Marcia E. Miller and Jennifer A. Hillman concluded that the domestic group response was adequate and the respondent group responses were inadequate and voted for expedited reviews.

Information concerning the Commission's vote to conduct full reviews was published in the Federal Register on December 17, 2004.

Information concerning this review is posted on the ITC's Internet site at www.usitc.gov (under "Five-Year (Sunset) Reviews"/"Sugar - European Union (2nd Review)," "Sugar - Belgium (2nd Review)," "Sugar - France (2nd Review)," and "Sugar - Germany (2nd Review)").