[Federal Register Volume 61, Number 88 (Monday, May 6, 1996)]
[Notices]
[Pages 20236-20238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11124]
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DEPARTMENT OF COMMERCE
[A-427-078]
Sugar From France: Initiation and Preliminary Results of Changed
Circumstances Antidumping Duty Administrative Review, and Intent To
Revoke Finding in Part
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of initiation and preliminary results of changed
circumstances antidumping duty administrative review, and intent to
revoke finding in part.
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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) is
initiating a changed circumstances antidumping duty administrative
review and issuing a preliminary intent to revoke in part the
antidumping duty finding on sugar from France, the scope of which
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).
Based on the fact that the Florida Sugar Marketing and Terminal
Association, Inc., (the petitioner) has expressed no interest in the
importation
[[Page 20237]]
or sale of homeopathic sugar pellets produced in France, we intend to
partially revoke this finding.
EFFECTIVE DATE: May 6, 1996.
FOR FURTHER INFORMATION CONTACT:
Matthew Blaskovich or Zev Primor, Office of Antidumping Compliance,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone (202) 482-5831/4114.
SUPPLEMENTARY INFORMATION:
Background
On December 29, 1994, Boiron requested that the Department issue a
scope ruling, finding its sugar pellets outside the scope of the
finding. On February 26, 1996, the petitioner informed the Department
in writing that it does not object to a changed circumstances review
and has no interest in the importation or sale of homeopathic sugar
pellets produced in France. On March 12, 1996, Boiron requested that
the Department conduct a changed circumstance review.
The Applicable Statute
Unless otherwise indicated, all citations to the Tariff Act of
1930, as amended (The Act), are referenced 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 subject merchandise 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 and 3.8 mm in diameter.
The finding with regard to imports of other sugar products is not
affected by this request. This changed circumstances administrative
review covers homeopathic sugar pellets imported from France.
Initation and Preliminary Results of Changed Circumstances Antidumping
Duty Administrative Review, and Intent To Revoke Finding in Part
Purusant to section 751(d) of the Act, the Department may partially
revoke an antidumping duty order based on a review under section 751(b)
of the Act (i.e., a changed circumstances review). Section 751(b)(1) of
the Act requires a changed circumstances administrative review to be
conducted upon receipt of a request containing information concerning
changed circumstances sufficient to warrant a review.
The Department's regulations at 19 CFR 353.25(d)(2) permit the
Department to conduct a changed circumstances administrative review
under 19 CFR 353.22(f) based upon an affirmative statement of no
interest from the petitioner in the proceeding. Section 782(h) of the
Act and Section 353.25(d)(1)(i) of the Department's regulations further
provide that the Department may revoke an order or revoke an order in
part if it determines that the order under review is no longer of
interests to interested parties. In addition, in the event that the
Department concludes that expedited action is warranted, section
353.22(f)(4) of the regulations permits the Department to combine the
notices of initiation and preliminary results. Therefore, in accordance
with sections 751(d) and 782(h) of the Act and 19 CFR 353.25(d) and
353.22(f), based on an affirmative statement of no interest in this
proceeding by petitioner, we are initiating this changed circumstances
administrative review. Based on the fact that no other interested
parties have objected to the position taken by petitioner that they
have no interest in the order regarding homeopathic sugar pellets from
France, we have determined that expedited action is warranted, and we
are combining these notices of initiation and preliminary results. We
have preliminarily determined tat there are changed circumstances
sufficient to warrant partial revocation of the finding on sugar from
France. Therefore, we are hereby notifying the public of our intent to
revoke in part the antidumping duty finding as it relates to imports of
homeopathic sugar pellets from France.
If final revocation in part occurs, we intend to instruct the U.S.
Customs Service (Customs) to end the suspension of liquidation of
homeopathic sugar pellets from France on the effective date of the
final notice of partial revocation and to refund any estimated
antidumping duties collected for all unliquidated entries of
homeopathic sugar pellets made on or after June 1, 1994, in accordance
with 19 C.F.R. 353.25(d)(5). We will also instruct Customs to refund
interest for entries made on or after June 1, 1994, in accordance with
section 778 of the Act. The current requirement for a cash deposit of
estimated antidumping duties will continue until publication of the
final results of this changed circumstances review.
Public Comment
Parties to the proceeding may request disclosure within 5 days of
the date of publication of this notice and any interested party may
request a hearing within 10 days of publication. Any hearing, if
requested, will be held no later than 28 days after the date of
publication of this notice, or the first workday thereafter. Case
briefs and/or written comments from interested parties may be submitted
not later than 14 days after the date of publication of this notice.
Rebuttal briefs and rebuttals to written comments, limited to the
issues raised in those comments, may be filed not later than 21 days
after the date of publication of this notice. All written comments
shall be submitted in accordance with 19 CFR 353.31(e) and shall be
served on all interested parties on the Department's service list in
accordance with 19 CFR 353.31(g). Persons interested in attending the
hearing should contact the Department for the date and time of the
hearing. The Department will publish the final results of this changed
circumstances review, including the results of its analysis of issues
raised in any written comments.
This notice is in accordance with section 751(b)(1) of the Act and
sections 353.22(f) and 353.25(d) of the Department's regulations.
[[Page 20238]]
Dated: April 26, 1996.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 96-11124 Filed 5-3-96; 8:45 am]
BILLING CODE 3510-DS-M