[Federal Register Volume 61, Number 151 (Monday, August 5, 1996)]
[Notices]
[Pages 40609-40610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19863]
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DEPARTMENT OF COMMERCE
[A-427-078]
Sugar From France: Final Results of Changed Circumstances
Antidumping Duty Administrative Review, and Revocation in Part of
Antidumping Duty Finding
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of final results of changed circumstances antidumping
duty administrative review, and revocation in part of antidumping duty
finding.
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SUMMARY: In response to a request made on March 12, 1996, by Boiron-
Borneman, Inc. (Boiron), the Department of Commerce (the Department)
simultaneously initiated a changed circumstances antidumping duty
administrative review and issued the preliminary results of this review
expressing an intent to revoke in part the finding on sugar from
France. The scope of the finding currently includes sugar, both raw and
refined, with the exception of specialty sugars. See Sugar From
Belgium, France, and the Federal Republic of Germany; Finding of
Dumping, 44 FR 33878 (June 13, 1979), and Memorandum For Dick Moreland
From Frank R. Brennan (June 1, 1982). In accordance with sections
751(b) and (d) and 782(h) of the Tariff Act of 1930 (the Act), and 19
CFR 353.25(d)(1)(i), we are now revoking in part this finding, with
regard to homeopathic sugar pellets, based on the fact that domestic
parties have expressed no interest in maintaining the finding on
homeopathic sugar pellets produced in France.
EFFECTIVE DATE: August 5, 1996.
FOR FURTHER INFORMATION CONTACT: Matthew Blaskovich or Zev Primor,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, N.W.,
Washington, D.C. 20230; telephone (202) 482-5831/4114.
SUPPLEMENTARY INFORMATION:
Background
On March 12, 1996, Boiron-Borneman, Inc. (Boiron), requested that
the Department conduct a changed circumstances administrative review to
determine whether to revoke the finding with regard to sugar pellets.
The finding with regard to imports of other sugar products is not
affected by this request. In addition, on February 26, 1996, the
Florida Sugar Marketing and Terminal Association, Inc. (the petitioner)
informed the Department in writing that it did not object to the
changed circumstances review and had no interest in maintaining the
finding on homeopathic sugar pellets produced in France.
We preliminarily determined that petitioner's affirmative statement
of no interest constituted good cause for conducting a changed
circumstances review. Consequently, on May 6, 1996, the Department
published a notice of initiation and preliminary results of changed
circumstances antidumping duty administrative review to determine
whether to revoke this finding in part (61 FR 20236). We gave
interested parties an opportunity to comment on the preliminary results
of this changed circumstances review.
The Applicable Statute
Unless otherwise indicated, all citations to the Act, as amended,
are references to the provisions effective January 1, 1995, the
effective date of the amendments made to the Act by the Uruguay Round
Agreements Act (URAA). In addition, unless otherwise indicated, all
citations to the Department's regulations are to the current
regulations, as amended by the interim regulations published in the
Federal Register on May 11, 1995 (60 FR 25130).
Scope of Review
The final antidumping finding on sugar from France covers raw and
refined sugar (44 FR 8949 (February 12, 1979)). The petition, filed by
the Florida Sugar Marketing & Terminal Assn., Inc., on July 3, 1978,
states that ``[t]he product being imported and which is the subject of
this petition, is raw and refined, semi-refined or ``off-white'' sugar
produced from sugar beets. Raw beet sugar and raw cane sugar are very
similar chemically and nutritionally, with the result that they are
interchangeable in terms of meeting refiners' needs for raw sugar.''
See Petition of Florida Sugar Marketing & Terminal Assn., Inc., July 3,
1978, at 7. Excluded from the finding are specialty sugars. Imports of
the merchandise subject to the finding are currently classifiable under
various subprovisions of item number 1701.91 of the Harmonized Tariff
Schedule of the United States (HTS). HTS item numbers are provided for
convenience and for Customs purposes. This written description remains
dispositive.
The merchandise covered by this changed circumstances review
includes homeopathic sugar pellets meeting the following criteria: (1)
Composed of 85 percent sucrose and 15 percent lactose; (2) have a
polished, matte appearance, and more uniformly porous than domestic
sugar cubes; (3) produced in two sizes of 2 mm and 3.8 mm in diameter.
According to a May 1990 letter ruling from Customs and a September 1990
Presidential Decree, imports of homeopathic sugar pellets enter under
HTS item number 1701.99.02.
Final Results of Review; Partial Revocation of Antidumping Duty Finding
On May 20, 1996, the United States Cane Sugar Refiners' Association
(USCSRA), an interested party in this review objected to the relief
requested by Boiron in its request for a changed circumstances
administrative review. The USCSRA claimed that there was a strong
likelihood that Boiron would circumvent the antidumping finding and,
thereby, U.S. refiners of cane sugar would face injury in the U.S.
market. See the USCSRA's letter of May 20, 1996, at 2. Upon further
consideration, the USCSRA withdrew its opposition to revocation of the
antidumping finding with respect to homeopathic sugar pellets. We
received no other comments objecting to revocation of the finding with
regard to Boiron's sugar pellets.
The affirmative statement of no interest by petitioners in this
case constitutes changed circumstances sufficient to warrant partial
revocation of this finding. Therefore, the Department is partially
revoking this
[[Page 40610]]
finding on sugar from France, with regard to homeopathic sugar pellets,
in accordance with sections 751(b) and (d) and 782(h) of the Act, and
19 CFR 353.25(d)(1)(i). This partial revocation applies to all entries
of the merchandise subject to this changed circumstances review entered
or withdrawn from warehouse, for consumption on or after June 1, 1994.
The Department will instruct the U.S. Customs Service (Customs) to
proceed with liquidation, without regard to antidumping duties, of all
unliquidated entries of homeopathic sugar pellets from France entered,
or withdrawn from warehouse, for consumption on or after June 1, 1994.
The Department will further instruct Customs to refund with interest
any estimated duties collected with respect to unliquidated entries of
homeopathic sugar pellets from France entered, or withdrawn from
warehouse, for consumption on or after June 1, 1994, in accordance with
Section 778 of the Act.
This notice also serves as a reminder to parties subject to
administrative protection orders (APOs) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 353.34(d). Timely written notification of
the return/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 sanctionable violation.
This changed circumstances administrative review, partial
revocation of the antidumping duty finding and notice are in accordance
with sections 751(b) and (d) and 782(h) of the Act and sections
353.22(f) and 353.25(d) of the Department's regulations.
Dated: July 29, 1996.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 96-19863 Filed 8-2-96; 8:45 am]
BILLING CODE 3510-DS-P
