[Federal Register: June 28, 2004 (Volume 69, Number 123)]
[Notices]               
[Page 36062-36063]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28jn04-24]                         

-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-427-001]

 
Sorbitol from France: Final Results of Expedited Sunset Review of 
Antidumping Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of Final Results of the Second Expedited Sunset Review 
of Antidumping Duty Order on Sorbitol from France.

-----------------------------------------------------------------------

SUMMARY: On February 2, 2004, the Department of Commerce (``the 
Department'') published the notice of initiation of the second sunset 
review of the antidumping duty order on sorbitol from France (69 FR 
4921) pursuant to section 751(c) of the Tariff Act of 1930, as amended 
(``the Act''). On the basis of the notice of intent to participate and 
adequate substantive comments filed on behalf of domestic interested 
parties and inadequate response from respondent interested parties, we 
determined to conduct an expedited (120-day) sunset review. As a result 
of this review, we find that revocation of the antidumping duty order 
would be likely to lead to continuation or recurrence of dumping at the 
levels listed below in the section entitled ``Final Results of 
Review.''

EFFECTIVE DATE: June 28, 2004.

[[Page 36063]]


FOR FURTHER INFORMATION CONTACT: Hilary E. Sadler, Esq., Office of 
Policy for Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, 
Room 2837, Washington, DC, 20230; telephone: (202) 482-4340.

SUPPLEMENTARY INFORMATION:

Background

    On February 2, 2004, the Department published the notice of 
initiation of the second sunset review of the antidumping duty order on 
sorbitol from France pursuant to section 751(c) of the Act.\1\ The 
Department received the Notice of Intent to Participate on behalf of 
SPI Polyols, Inc. (``SPI''), Archer Daniels Midland Company (``ADM''), 
and Roquette America (``RA''), the domestic interested parties, within 
the deadline specified in section 351.218(d)(1)(I) of the Department's 
Regulations (``Sunset Regulations''). ADM and SPI claimed interested 
party status under section 771(9)(C) of the Act, as domestic producers 
of sorbitol. RA claimed interested party status as a domestic producer 
and as an importer of the subject merchandise. We received a complete 
substantive responses from all domestic interested parties within the 
30-day deadline specified in the Sunset Regulations under section 
351.218(d)(3)(i).
---------------------------------------------------------------------------

    \1\ Initiation of Five-Year (Sunset) Reviews, 69 FR 4921 
(February 2, 2004).
---------------------------------------------------------------------------

    We received a substantive response from one respondent interested 
party, Amylum France SAS (``Amylum''), in this proceeding. Amylum's 
response accounted for less than 50 percent of the exports of sorbitol 
from France to the United States.\2\ As a result, pursuant to section 
751(c)(5)(A) of the Act and 19 CFR 351.218(e)(2)(i), the Department 
conducted an expedited (120-day) sunset review of this finding.
---------------------------------------------------------------------------

    \2\ Memorandum to Ronald K. Lorentzen, Sunset Review of Sorbitol 
from France: Adequacy of Respondent Interested Party Response to the 
Notice of Initiation (March 16, 2004).
---------------------------------------------------------------------------

Scope of Review

    The products covered in this order are shipments of crystalline 
sorbitol (``sorbitol''), a polyol produced by the hydrogenation of 
sugars (glucose), used in the production of sugarless gum, candy, 
groceries, and pharmaceuticals. The above-described sorbitol is 
classified under HTS subheading 2905.44.00. The HTS subheadings are 
provided for convenience and for customs purposes. The written 
description remains dispositive.

Analysis of Comments Received

    All issues raised in this case are addressed in the ``Issues and 
Decision Memorandum'' (``Decision Memo'') from Ronald K. Lorentzen, 
Acting Director, Office of Policy, Import Administration, to James J. 
Jochum, Assistant Secretary for Import Administration, dated June 15, 
2004, which is hereby adopted by this notice. The issues discussed in 
the Decision Memo include the likelihood of continuation or recurrence 
of dumping and the magnitude of the margin likely to prevail if the 
finding were to be 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/frn, under the 

heading ``June 2004.'' The paper copy and electronic version of the 
Decision Memo are identical in content.

Final Results of Review

    We determine that revocation of the antidumping duty finding on 
sorbitol from France would be likely to lead to continuation or 
recurrence of dumping at the following weighted-average percentage 
margins:

------------------------------------------------------------------------
                                                       Weighted-Average
         Manufacturers/Exporters/Producers              Margin Percent
------------------------------------------------------------------------
Roquette Freres....................................                  2.9
All Others.........................................                  2.9
------------------------------------------------------------------------

    This notice also serves as the only reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305 of the 
Department's regulations. Timely 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 violation which is subject to sanction.
    We are issuing and publishing the results and notice in accordance 
with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: June 22, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 04-14618 Filed 6-25-04; 8:45 am]
BILLING CODE 3510-DS-S