Continuation of Antidumping Duty Order: Sorbitol From France

DEPARTMENT OF COMMERCE

International Trade Administration

[A-427-001]

Continuation of Antidumping Duty Order: Sorbitol From France

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice of continuation of antidumping duty order: Sorbitol from

France.

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SUMMARY: On February 4, 1999, the Department of Commerce (``the

Department''), pursuant to sections 751(c) and 752 of the Tariff Act

from 1930, as amended (``the Act''), determined that revocation of the

antidumping duty order on sorbitol from France would be likely to lead

to continuation or recurrence of dumping (64 FR 5636 (February 4,

1999)). On March 10, 1999, the International Trade Commission (``the

Commission''), pursuant to section 751(c) of the Act, determined that

revocation of the antidumping duty order on sorbitol from France would

be likely to lead to continuation or recurrence of material injury to

an industry in the United States within a reasonably foreseeable time

(64 FR 11948 (March 10, 1999)). Therefore, pursuant to 19 CFR

351.218(f)(4), the Department is publishing notice of the continuation

of the antidumping duty order on sorbitol from France.

FOR FURTHER INFORMATION CONTACT: Scott E. Smith or Melissa G. Skinner,

Office of Policy for Import Administration, International Trade

Administration, U.S. Department of Commerce, 14th and Constitution

Ave., NW, Washington, DC 20230; telephone: (202) 482-6397 or (202) 482-

1560, respectively.

Effective Date: March 17, 1999.

Background

On October 1, 1998, the Department initiated, and the Commission

instituted, a sunset review (63 FR 52683 and 63 FR 52757, respectively)

of the antidumping duty order on sorbitol from France pursuant to

section 751(c) of the Act. As a result of this review, the Department

found that revocation of the antidumping duty order would likely lead

to continuation or recurrence of dumping and notified the Commission of

the magnitude of the margin likely to prevail were the order to be

revoked (see Final Results of Expedited Sunset Review: Sorbitol from

France, 64 FR 5636 (February 4, 1999)).

On March 10, 1999, the Commission determined, pursuant to section

751(c) of the Act, that revocation of the antidumping duty order on

sorbitol from France would be likely to lead to continuation or

recurrence of material injury to an industry in the United States

within a reasonably foreseeable time (see Sorbitol from France, (64 FR

11948 (March 10, 1999) and USITC Pub. 3165, Inv. No. 731-TA-44 (Review)

(March 1999)).

Scope

The merchandise covered by this antidumping duty order is

crystalline sorbitol from France, a polyol produced by the

hydrogenation of sugars (glucose), used in the production of sugarless

gum, candy, groceries, and pharmaceuticals and currently classifiable

under HTS item number 2905.44.00. The HTS item number is provided for

convenience and customs purposes. The written description remains

dispositive.

Determination

As a result of the determinations by the Department and the

Commission that revocation of this antidumping duty order would be

likely to lead to continuation or recurrence of dumping and material

injury to an industry in the United States, pursuant to section

751(d)(2) of the Act, the Department hereby orders the continuation of

the antidumping duty order on sorbitol from France. The Department will

instruct the U.S. Customs Service to continue to collect antidumping

duty deposits at the rate in effect at the time of entry for all

imports of subject merchandise. Pursuant to section 751(c)(6)(A)(iii)

of the Act, any subsequent five-year review of this order will be

initiated not later than the fifth anniversary of the effective date of

continuation of this order.

Normally, the effective date of continuation of a finding, order,

or suspension agreement will be the date of publication in the Federal

Register of the Notice of Continuation. As provided in 19 CFR

351.218(f)(4), the Department normally will issue its determination to

continue a finding, order, or suspended investigation not later than

seven days after the date of publication in the Federal Register of the

Commission's determination concluding the sunset review and immediately

thereafter will publish its notice of continuation in the Federal

Register. In the instant case, however, the Department's publication of

the Notice of Continuation was delayed. The Department has explicitly

indicated that the effective date of continuation of this order is

March 17, 1999, seven days after the date of publication in the Federal

Register of the Commission's determination. As a result, pursuant to

sections 751(c)(2) and 751(c)(6)(A) of the Act, the Department intends

to initiate the next five-year review of this order not later than

February 2004.

Dated: August 2, 1999.

Joseph Spetrini,

Acting Assistant Secretary for Import Administration.

[FR Doc. 99-20334 Filed 8-5-99; 8:45 am]

BILLING CODE 3510-DS-P