Continuation of Antidumping Findings on Sugar from Belgium, France and Germany and Countervailing Duty Order on Sugar from the European Community

DEPARTMENT OF COMMERCE

International Trade Administration

[A-423-077, A-427-078, A-428-082, and C-408-046]

Continuation of Antidumping Findings on Sugar from Belgium,

France and Germany and Countervailing Duty Order on Sugar from the

European Community

AGENCY: Import Administration, International Trade Administration,

Department of Commerce

ACTION: Notice of Continuation of antidumping findings on sugar from

Belgium, France and Germany and countervailing duty order on sugar from

the European Community

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SUMMARY: On February 2, 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 findings on sugar from Belgium, France and Germany would be

likely to lead to continuation or recurrence of dumping (64 FR 5638

(February 2, 1999)). On September 19, 1999, the Department determined

that revocation of the countervailing duty order on sugar from the

European Community would be likely to lead to continuation or

recurrence of a countervailable subsidy (64 FR 49464 (September 19,

1999)). On October 6, 1999, the International Trade Commission (``the

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

revocation of the antidumping findings on sugar from Belgium, France,

and Germany and revocation of the countervailing duty order on sugar

from the European Community 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 54335 (October 6, 1999)).

Therefore, pursuant to 19 CFR 351.218(e)(4), the Department is

publishing notice of the continuation of the antidumping findings on

sugar from Belgium, France, and Germany, and continuation of the

countervailing duty order on sugar from the European Union.

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 Street and

Constitution Avenue, NW, Washington, D.C. 20230; telephone: (202) 482-

6397 or (202) 482-1560, respectively.

EFFECTIVE DATE: October 28, 1999.

Background

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

instituted, a sunset review (63 FR 52683 and 63 FR 52759, respectively)

of the antidumping duty findings on sugar from Belgium, France, and

Germany, and of the countervailing duty order on sugar from the

European Union pursuant to section 751(c) of the Act. As a result of

these reviews, the Department found that revocation of the antidumping

findings would likely lead to continuation or recurrence of dumping and

notified the Commission of the magnitude of the margin likely to

prevail were the findings to be revoked (see Final Results of Expedited

Sunset Reviews: Sugar from France, Belgium and Germany, 64 FR 5638

(February 4, 1999)). Further, the Department found that revocation of

the countervailing duty order on sugar from the European Community

would be likely to lead to continuation or recurrence of a

countervailable subsidy and notified the Commission of the net

countervailable subsidy likely to prevail were the order to be revoked

and the nature of the subsidy (see Final Results of Full Sunset Review:

Sugar from the European Community, 64 FR 49464 (September 13, 1999)).

On October 6, 1999, the Commission determined, pursuant to section

751(c) of the Act, that revocation of the antidumping findings on sugar

from Belgium, France, and Germany, and revocation of the countervailing

duty order on sugar from the European Union 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 Sugar From the

European Union; Sugar From Belgium, France, and Germany; and Sugar and

Syrups From Canada, 64 FR 54355 (October 6, 1999), and USITC Pub. 3238,

Inv. Nos. 104-TAA-7, AA1921-198-200, and 731-TA-3 (September 1999)).

Scope

The merchandise subject to these antidumping findings from France,

Belgium, and Germany is sugar, both raw and refined, with the exception

of specialty sugars (e.g., cones, hats, pearls, loaves). The order on

sugar from France excludes homeopathic sugar pellets meeting the

following criteria: (1) Composed of 85 percent sucrose and 15 percent

lactose; (2) having 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. 1

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\1\ See Sugar from France; Final Results of Changed

Circumstances Antidumping Duty Administrative Review, and Revocation

in Part of Antidumping Finding, 61 FR 40609 (August 5, 1996).

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The merchandise under review is currently classifiable under the

following Harmonized Tariff Schedule of the United States (``HTSUS'')

subheadings: 1701.1100, 1701.1101, 1701.1102, 1701.1103, 1701.1105,

1701.1110, 1701.1120, 1701.1150, 1701.1200, 1701.1201, 1701.1202,

1701.1205, 1701.1210, 1701.1250, 1701.9105, 1701.9110, 1701.9120,

1701.9121, 1701.9122, 1701.9130, 1701.9900, 1701.9901, 1701.9902,

1701.9905, 1701.9910, 1701.9950, 1702.9005, 1702.9010, 1702.9020,

1702.9030, 1702.9031, 1702.9032, 2106.9011, 2106.9012, 2106.9042,

2106.9044, and 2106.9046. The HTSUS item numbers are provided for

convenience and customs purposes only. They are not determinative of

the products subject to the orders. The written description remains

dispositive.

The merchandise subject to the countervailing duty order from the

European Community is sugar, with the exception of specialty sugars

(e.g., cones, hats, pearls, loaves), from the European Community.

Blends of sugar and dextrose, a corn-derived sweetener, containing at

least 65 percent sugar are within the scope of this order. The

merchandise subject to this order is currently classifiable under item

numbers 1701.11.00, 1701.12.00,

[[Page 58034]]

1701.91.20, and 1701.99.00 of the HTSUS (see Sugar from the European

Community; Final Results of Countervailing Duty Administrative Review,

55 FR 35703 (August 31, 1990)). HTSUS subheadings are provided for

convenience and customs purposes only. They are not determinative of

the products subject to the order. The written description remains

dispositive.

Determination

As a result of the determinations by the Department and the

Commission that revocation of these antidumping findings and this

countervailing 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 findings on sugar from

Belgium, France, and Germany, and of the countervailing duty order on

sugar from the European Community. The Department will instruct the

U.S. Customs Service to continue to collect antidumping and

countervailing duty deposits at the rates in effect at the time of

entry for all imports of subject merchandise. The effective date of

continuation of these antidumping findings and countervailing duty

order will be the date of publication in the Federal Register of this

Notice of Continuation. Pursuant to sections 751(c)(2) and 751(c)(6)

the Department intends to initiate the next five-year reviews of these

findings and order not later than September 2004.

Dated: October 22, 1999.

Richard W. Moreland,

Acting Assistant Secretary for Import Administration.

[FR Doc. 99-28241 Filed 10-27-99; 8:45 am]

BILLING CODE 3510-DS-P