[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]
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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.
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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).
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\1\ Initiation of Five-Year (Sunset) Reviews, 69 FR 4921
(February 2, 2004).
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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.
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\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).
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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:
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Weighted-Average
Manufacturers/Exporters/Producers Margin Percent
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Roquette Freres.................................... 2.9
All Others......................................... 2.9
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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