Revocation of Antidumping Duty Findings and Countervailing Duty Order: Sugar from Belgium, France, Germany and the European Community, 54522-54523 [E5-5029]

Download as PDF 54522 Federal Register / Vol. 70, No. 178 / Thursday, September 15, 2005 / Notices porous than domestic sugar cubes; (3) produced in two sizes of 2 mm and 3.8 International Trade Administration mm in diameter. See Sugar from France; Final Results of Changed Circumstances [A–423–007, A–427–078, A–428–082, C–408– Antidumping Duty Administrative 046] Review, and Revocation in Part of Antidumping Finding, 61 FR 40609 Revocation of Antidumping Duty (August 5, 1996). The merchandise Findings and Countervailing Duty subject to these AD findings is currently Order: Sugar from Belgium, France, classifiable in the Harmonized Tariff Germany and the European Schedule of the United States Community (‘‘HTSUS’’) at subheadings: 1701.11.05, AGENCY: Import Administration, 1701.11.10, 1701.11.20, 1701.11.50, International Trade Administration, 1701.12.05, 1701.12.10, 1701.12.50, Department of Commerce. 1701.91.05, 1701.91.10, 1701.91.30, SUMMARY: On September 1, 2004, the 1701.99.05, 1701.99.1000, 1701.99.1090, Department of Commerce (‘‘the 1701.99.5000, 1701.99.5090, 1702.90.05, Department’’) initiated its second sunset 1702.90.10, 1702.90.20, 2106.90.42, review of the antidumping (‘‘AD’’) 2106.90.44, and 2106.90.46. Although findings on sugar from Belgium, France, the HTSUS subheadings are provided Germany and the countervailing duty for convenience and customs purposes, (‘‘CVD’’) order on sugar from the the written description of the scope of European Community. See Notice of the findings is dispositive. Initiation of Five-year (‘‘Sunset’’) Imports covered by this CVD order are shipments of sugar from the EC. This Reviews, 69 FR 53408 (September 1, merchandise is currently classifiable 2004). Pursuant to section 751(c) of the under item numbers 1701.11.05, Tariff Act of 1930, as amended (‘‘the 1701.11.10, 1701.11.20, 1701.11.50, Act’’), the International Trade 1701.12.05, 1701.12.10, 1701.12.50, Commission (‘‘the ITC’’), in its sunset 1701.91.05, 1701.91.10, 1701.91.30, review, determined that revocation of the AD findings on sugar from Belgium, 1701.99.05, 1701.99.1090, 1701.99.5090, 1702.90.05, 1702.90.10, 1702.90.20, France, Germany and the CVD order on 2106.90.42, 2106.90.44, 2106.90.46 of sugar from the European Community the HTSUS. Specialty sugars are exempt (‘‘EC’’) would not be likely to lead to from the scope of this order. On continuation or recurrence of material December 7, 1987, two interested injury to an industry in the United parties, the United States Beet Sugar States within a reasonably foreseeable Association and the United States Cane time. See Sugar From the European Union; Sugar from Belgium, France, and Sugar Refiners’ Association, requested a scope review of blends of sugar and Germany, 70 FR 52446 (September 2, dextrose, a corn–derived sweetner, 2005). Therefore, pursuant to section containing at least 65 percent sugar. The 751(d)(2) of the Act and 19 CFR merchandise is currently imported 351.222(i)(1)(iii), the Department is under HTSUS item number 1701.99.00. revoking the AD findings on sugar from Belgium, France, Germany, and the CVD On June 21, 1990, the Department issued a final scope clarification order on sugar from the EC. memorandum, which determined that EFFECTIVE DATE: October 28, 2004. such blends are within the scope of the FOR FURTHER INFORMATION CONTACT: order, and that imports of such blends David Goldberger, AD/CVD Operations, from the EC are subject to the Office 3, Import Administration, corresponding CVD. International Trade Administration, Background U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., On June 13, 1979, following Washington, DC 20230; telephone: (202) affirmative injury determinations by the 482–4136. ITC, the Department of the Treasury (‘‘Treasury’’) issued antidumping duty SUPPLEMENTARY INFORMATION: findings on imports of sugar from Scope of the Findings and Order Belgium, France, and Germany with Imports covered by these AD findings country–wide rates of 103 percent for Belgian sugar, 102 percent for French are shipments of sugar, both raw and sugar, and 121 percent for German refined, with the exception of specialty sugar. See Sugar from Belgium, France, sugars, from Belgium, France, and and the Republic of Germany, Treasury Germany. The finding on sugar from Decision 79–167, 44 FR 33878 (June 13, France excludes homeopathic sugar 1979). On July 31, 1978, Treasury issued pellets meeting the following criteria: its final determination finding that (1) composed of 85 percent sucrose and exports from the EC of sugar benefitted 15 percent lactose; (2) have a polished, from bounties or grants within the matte appearance, and more uniformly DEPARTMENT OF COMMERCE VerDate Aug<18>2005 15:03 Sep 14, 2005 Jkt 205001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 meaning of section 303 of the Tariff Act of 1930. See Final Countervailing Duty Determination, T.D. 78–253, 43 FR 33237 (July 31, 1978). On September 1, 2004, the Department initiated, and the ITC instituted, sunset reviews of the AD and CVD orders on sugar from Belgium, France, Germany, and the European Community. See Notice of Initiation of Five-year (‘‘Sunset’’) Reviews, 69 FR 53408 (September 1, 2004). As a result of its review, the Department found that revocation of the AD orders would likely lead to continuation or recurrence of dumping, and notified the ITC of the magnitude of the margin likely to prevail were the orders to be revoked. See Final Results of Expedited Sunset Reviews of Antidumping Duty Findings, 70 FR 17231 (April 5, 2005). On September 2, 2005, the ITC determined, pursuant to section 751(c) of the Act, that revocation of the AD findings on sugar from Belgium, France, Germany, and the CVD order on sugar from the EC would not 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, 70 FR 52446 (September 2, 2005) and USITC Publication 3793 (August 2005), entitled Sugar from the European Union, and Sugar from Belgium, France, and Germany: Investigation Nos. 104–TAA–7 (Second Review) and AA1921–198–200 (Second Review). Determination As a result of the determination by the ITC that revocation of these AD findings and CVD order is not likely to lead to continuation or recurrence of material injury to an industry in the United States, the Department, pursuant to section 751(d) of the Act, is revoking the AD findings on sugar from Belgium, France and Germany and the CVD order on sugar from the EC. Pursuant to section 751(d)(2) of the Act and 19 CFR 351.222(i)(2)(i), the effective date of revocation is October 28, 2004 (i.e., the fifth anniversary of the date of publication in the Federal Register of the notice of continuation of the AD findings and the CVD order). The Department will notify U.S. Customs and Border Protection to discontinue suspension of liquidation and collection of cash deposits on entries of the subject merchandise entered or withdrawn from warehouse on or after October 28, 2004, the effective date of revocation of the AD findings and the CVD order. The Department will complete any pending administrative reviews of these findings or order and will conduct E:\FR\FM\15SEN1.SGM 15SEN1 Federal Register / Vol. 70, No. 178 / Thursday, September 15, 2005 / Notices administrative reviews of subject merchandise entered prior to the effective date of revocation in response to appropriately filed requests for review. These five-year sunset reviews and notice are in accordance with section 751(d)(2) and published pursuant to section 777(i)(1) of the Act. Dated: September 9, 2005. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. [FR Doc. E5–5029 Filed 9–14–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [C–580–851] Dynamic Random Access Memory Semiconductors from the Republic of Korea: Preliminary Results of Countervailing Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce is conducting an administrative review of the countervailing duty order on dynamic random access memory semiconductors from the Republic of Korea for the period April 7, 2003, through December 31, 2003. We preliminarily find that certain producers/exporters under review received countervailable subsidies during the period of review. If the final results remain the same as these preliminary results, we will instruct U.S. Customs and Border Protection (‘‘CBP’’) to assess countervailing duties as detailed in the ‘‘Preliminary Results of Review’’ section of this notice. Interested parties are invited to comment on these preliminary results (see the ‘‘Public Comment’’ section of this notice, below). AGENCY: EFFECTIVE DATE: September 15, 2005. FOR FURTHER INFORMATION CONTACT: Daniel J. Alexy, Cole Kyle, Natalie Kempkey or Marc Rivitz, Office of Antidumping/Countervailing Duty Operations, Office 1, Import Administration, U.S. Department of Commerce, Room 3069, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–1540, (202) 482–1503, (202) 482–1698 or (202) 482–1382, respectively. SUPPLEMENTARY INFORMATION: VerDate Aug<18>2005 15:03 Sep 14, 2005 Jkt 205001 Case History On August 11, 2003, the Department of Commerce (‘‘the Department’’) published a countervailing duty order on dynamic random access memory semiconductors (‘‘DRAMS’’) from the Republic of Korea (‘‘ROK’’). See Notice of Countervailing Duty Order: Dynamic Random Access Memory Semiconductors from the Republic of Korea, 68 FR 47546 (August 11, 2003) (‘‘CVD Order’’). On August 3, 2004, the Department published a notice of ‘‘Opportunity to Request Administrative Review’’ for this countervailing duty order. On August 31, 2004, we received requests for review from Hynix Semiconductor, Inc. (‘‘Hynix’’), Infineon Technologies North America Corp., and Micron Technology, Inc. (‘‘Micron’’). In accordance with 19 CFR 351.221(c)(1)(i) (2004), we published a notice of initiation of the review on September 22, 2004. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 69 FR 56745 (September 22, 2004) (‘‘Initiation Notice’’). On October 19, 2004, we issued countervailing duty questionnaires to the Government of the Republic of Korea (‘‘GOK’’) and Hynix (formerly, Hyundai Electronics Industries Co., Ltd. (‘‘HEI’’). We received responses to these questionnaires in December 2004. On November 30, 2004, we initiated an investigation of new subsidy allegations within the context of the first administrative review of the countervailing duty order on DRAMS from Korea. See New Subsidy Allegations Memorandum from Ryan Langan to Susan Kuhbach, dated November 30, 2004, available at the Central Records Unit (‘‘CRU’’), Room B– 099 of the main Department building. On March 25, 2005, we published a postponement of the preliminary results in this review until August 31, 2005. See Dynamic Random Access Memory Semiconductors from the Republic of Korea: Extension of Time Limit for Preliminary Results of Countervailing Duty Review, 70 FR 15293 (March 25, 2005). We issued supplemental questionnaires to the GOK and Hynix in May and June 2005, and received responses to these supplemental questionnaires in June and July 2005. Hynix and Micron submitted pre– preliminary results comments and rebuttal comments in July and August 2005. Scope of the Order The products covered by this order are DRAMS from the Republic of Korea, PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 54523 whether assembled or unassembled. Assembled DRAMS include all package types. Unassembled DRAMS include processed wafers, uncut die, and cut die. Processed wafers fabricated in the ROK, but assembled into finished semiconductors outside the ROK are also included in the scope. Processed wafers fabricated outside the ROK and assembled into finished semiconductors in the ROK are not included in the scope. The scope of this order additionally includes memory modules containing DRAMS from the ROK. A memory module is a collection of DRAMS, the sole function of which is memory. Memory modules include single in–line processing modules, single in–line memory modules, dual in–line memory modules, small outline dual in–line memory modules, Rambus in–line memory modules, and memory cards or other collections of DRAMS, whether unmounted or mounted on a circuit board. Modules that contain other parts that are needed to support the function of memory are covered. Only those modules that contain additional items which alter the function of the module to something other than memory, such as video graphics adapter boards and cards, are not included in the scope. This order also covers future DRAMS module types. The scope of this order additionally includes, but is not limited to, video random access memory and synchronous graphics random access memory, as well as various types of DRAMS, including fast page–mode, extended data–out, burst extended data– out, synchronous dynamic RAM, Rambus DRAM, and Double Data Rate DRAM. The scope also includes any future density, packaging, or assembling of DRAMS. Also included in the scope of this order are removable memory modules placed on motherboards, with or without a central processing unit, unless the importer of the motherboards certifies with CBP that neither it, nor a party related to it or under contract to it, will remove the modules from the motherboards after importation. The scope of this order does not include DRAMS or memory modules that are re– imported for repair or replacement. The DRAMS subject to this order are currently classifiable under subheadings 8542.21.8005 and 8542.21.8020 through 8542.21.8030 of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’). The memory modules containing DRAMS from the ROK, described above, are currently classifiable under subheadings 8473.30.10.40 or 8473.30.10.80 of the HTSUS. Removable memory modules E:\FR\FM\15SEN1.SGM 15SEN1

Agencies

[Federal Register Volume 70, Number 178 (Thursday, September 15, 2005)]
[Notices]
[Pages 54522-54523]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-5029]



[[Page 54522]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-423-007, A-427-078, A-428-082, C-408-046]


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

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On September 1, 2004, the Department of Commerce (``the 
Department'') initiated its second sunset review of the antidumping 
(``AD'') findings on sugar from Belgium, France, Germany and the 
countervailing duty (``CVD'') order on sugar from the European 
Community. See Notice of Initiation of Five-year (``Sunset'') Reviews, 
69 FR 53408 (September 1, 2004). Pursuant to section 751(c) of the 
Tariff Act of 1930, as amended (``the Act''), the International Trade 
Commission (``the ITC''), in its sunset review, determined that 
revocation of the AD findings on sugar from Belgium, France, Germany 
and the CVD order on sugar from the European Community (``EC'') would 
not 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, 70 FR 52446 (September 2, 2005). Therefore, pursuant to 
section 751(d)(2) of the Act and 19 CFR 351.222(i)(1)(iii), the 
Department is revoking the AD findings on sugar from Belgium, France, 
Germany, and the CVD order on sugar from the EC.

EFFECTIVE DATE: October 28, 2004.

FOR FURTHER INFORMATION CONTACT: David Goldberger, AD/CVD Operations, 
Office 3, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-4136.

SUPPLEMENTARY INFORMATION:

Scope of the Findings and Order

    Imports covered by these AD findings are shipments of sugar, both 
raw and refined, with the exception of specialty sugars, from Belgium, 
France, and Germany. The finding on sugar from France excludes 
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. 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). The merchandise subject to these AD 
findings is currently classifiable in the Harmonized Tariff Schedule of 
the United States (``HTSUS'') at subheadings: 1701.11.05, 1701.11.10, 
1701.11.20, 1701.11.50, 1701.12.05, 1701.12.10, 1701.12.50, 1701.91.05, 
1701.91.10, 1701.91.30, 1701.99.05, 1701.99.1000, 1701.99.1090, 
1701.99.5000, 1701.99.5090, 1702.90.05, 1702.90.10, 1702.90.20, 
2106.90.42, 2106.90.44, and 2106.90.46. Although the HTSUS subheadings 
are provided for convenience and customs purposes, the written 
description of the scope of the findings is dispositive.
    Imports covered by this CVD order are shipments of sugar from the 
EC. This merchandise is currently classifiable under item numbers 
1701.11.05, 1701.11.10, 1701.11.20, 1701.11.50, 1701.12.05, 1701.12.10, 
1701.12.50, 1701.91.05, 1701.91.10, 1701.91.30, 1701.99.05, 
1701.99.1090, 1701.99.5090, 1702.90.05, 1702.90.10, 1702.90.20, 
2106.90.42, 2106.90.44, 2106.90.46 of the HTSUS. Specialty sugars are 
exempt from the scope of this order. On December 7, 1987, two 
interested parties, the United States Beet Sugar Association and the 
United States Cane Sugar Refiners' Association, requested a scope 
review of blends of sugar and dextrose, a corn-derived sweetner, 
containing at least 65 percent sugar. The merchandise is currently 
imported under HTSUS item number 1701.99.00. On June 21, 1990, the 
Department issued a final scope clarification memorandum, which 
determined that such blends are within the scope of the order, and that 
imports of such blends from the EC are subject to the corresponding 
CVD.

Background

    On June 13, 1979, following affirmative injury determinations by 
the ITC, the Department of the Treasury (``Treasury'') issued 
antidumping duty findings on imports of sugar from Belgium, France, and 
Germany with country-wide rates of 103 percent for Belgian sugar, 102 
percent for French sugar, and 121 percent for German sugar. See Sugar 
from Belgium, France, and the Republic of Germany, Treasury Decision 
79-167, 44 FR 33878 (June 13, 1979). On July 31, 1978, Treasury issued 
its final determination finding that exports from the EC of sugar 
benefitted from bounties or grants within the meaning of section 303 of 
the Tariff Act of 1930. See Final Countervailing Duty Determination, 
T.D. 78-253, 43 FR 33237 (July 31, 1978). On September 1, 2004, the 
Department initiated, and the ITC instituted, sunset reviews of the AD 
and CVD orders on sugar from Belgium, France, Germany, and the European 
Community. See Notice of Initiation of Five-year (``Sunset'') Reviews, 
69 FR 53408 (September 1, 2004). As a result of its review, the 
Department found that revocation of the AD orders would likely lead to 
continuation or recurrence of dumping, and notified the ITC of the 
magnitude of the margin likely to prevail were the orders to be 
revoked. See Final Results of Expedited Sunset Reviews of Antidumping 
Duty Findings, 70 FR 17231 (April 5, 2005). On September 2, 2005, the 
ITC determined, pursuant to section 751(c) of the Act, that revocation 
of the AD findings on sugar from Belgium, France, Germany, and the CVD 
order on sugar from the EC would not 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, 70 FR 52446 (September 
2, 2005) and USITC Publication 3793 (August 2005), entitled Sugar from 
the European Union, and Sugar from Belgium, France, and Germany: 
Investigation Nos. 104-TAA-7 (Second Review) and AA1921-198-200 (Second 
Review).

Determination

    As a result of the determination by the ITC that revocation of 
these AD findings and CVD order is not likely to lead to continuation 
or recurrence of material injury to an industry in the United States, 
the Department, pursuant to section 751(d) of the Act, is revoking the 
AD findings on sugar from Belgium, France and Germany and the CVD order 
on sugar from the EC. Pursuant to section 751(d)(2) of the Act and 19 
CFR 351.222(i)(2)(i), the effective date of revocation is October 28, 
2004 (i.e., the fifth anniversary of the date of publication in the 
Federal Register of the notice of continuation of the AD findings and 
the CVD order). The Department will notify U.S. Customs and Border 
Protection to discontinue suspension of liquidation and collection of 
cash deposits on entries of the subject merchandise entered or 
withdrawn from warehouse on or after October 28, 2004, the effective 
date of revocation of the AD findings and the CVD order. The Department 
will complete any pending administrative reviews of these findings or 
order and will conduct

[[Page 54523]]

administrative reviews of subject merchandise entered prior to the 
effective date of revocation in response to appropriately filed 
requests for review.
    These five-year sunset reviews and notice are in accordance with 
section 751(d)(2) and published pursuant to section 777(i)(1) of the 
Act.

    Dated: September 9, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-5029 Filed 9-14-05; 8:45 am]
BILLING CODE 3510-DS-S

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