Sorbitol from France: Final Results of Expedited Five-year (Sunset) Review of Antidumping Duty Order, 56793-56794 [E9-26427]

Download as PDF Federal Register / Vol. 74, No. 211 / Tuesday, November 3, 2009 / Notices FOR FURTHER INFORMATION CONTACT: Brandon Petelin, AD/CVD Operations, Office 8, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–8173. Background On July 1, 2009, the Department of Commerce (‘‘the Department’’) published a notice of opportunity to request an administrative review of the antidumping duty order on Saccharin from the People’s Republic of China (‘‘PRC’’). See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation: Opportunity to Request Administrative Review, 74 FR 31406 (July 1, 2009). On July 31, 2009, Shanghai Fortune Chemical Co., Ltd. (‘‘Shanghai Fortune’’), a PRC producer and exporter of saccharin, requested that the Department conduct an administrative review of Shanghai Fortune’s own exports. The Department then published in the Federal Register the initiation notice for the antidumping duty administrative review of Saccharin from the PRC for the period July 1, 2008, through June 30, 2009. See Initiation of Antidumping and Countervailing Duty Administrative Reviews, Request for Revocation in Part, 74 FR 42873 (August 25, 2009). mstockstill on DSKH9S0YB1PROD with NOTICES Partial Rescission of Review Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an administrative review, in whole or in part, if the party that requested the review withdraws the request within 90 days of the date of publication of the notice of initiation of the requested review. On August 28, 2009, Shanghai Fortune timely withdrew its request for an administrative review of its own exports (i.e., within 90 days of the publication of the notice of initiation of this review). Because no other party requested a review of Shanghai Fortune’s exports, the Department hereby rescinds the administrative review of saccharin with respect to Shanghai Fortune, in accordance with 19 CFR 351.213(d)(1). This administrative review will continue with respect to Kaifeng Xinhua Fine Chemical Factory. Assessment Rates The Department will instruct U.S. Customs and Border Protection (‘‘CBP’’) to assess antidumping duties on all appropriate entries. For Shanghai Fortune, which had previously established eligibility for a separate rate, antidumping duties shall be assessed at rates equal to the cash deposit of VerDate Nov<24>2008 18:15 Nov 02, 2009 Jkt 220001 estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(2). The Department intends to issue appropriate assessment instructions directly to CBP 15 days after publication of this notice. For Kaifeng Xinhua Fine Chemical Factory and for those companies which do not have a separate rate at this time (and thus remain part of the PRC-wide entity), the Department will issue assessment instructions upon the completion of this administrative review. Notification to Importers This notice serves as a final reminder to importers of their responsibility under section 351.402(f) of the Department’s regulations to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s assumption that reimbursement of antidumping duties occurred and subsequent assessment of double antidumping duties. This notice is issued and published in accordance with section 777(i) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). Dated: October 26, 2009. John M. Andersen, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. E9–26324 Filed 11–2–09; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–427–001] Sorbitol from France: Final Results of Expedited Five-year (Sunset) Review of Antidumping Duty Order AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On July 1, 2009, the Department of Commerce (the Department) initiated a sunset review of the antidumping duty order on sorbitol from France pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). On the basis of a notice of intent to participate and adequate substantive responses filed on behalf of domestic interested party, and the lack of a response from respondent interested parties, the Department conducted an expedited (120-day) PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 56793 sunset review of this antidumping duty order. As a result of this sunset review, the Department finds that revocation of the antidumping duty orders would be likely to lead to continuation or recurrence of dumping at the levels identified below in the ‘‘Final Results of Sunset Review’’ section of this notice. EFFECTIVE DATE: November 3, 2009. FOR FURTHER INFORMATION: David Cordell, AD/CVD Operations, Office 7, or Dana Mermelstein, AD/CVD Operations, Office 6, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–0408, or (202) 482–1391, respectively. SUPPLEMENTARY INFORMATION: Background On July 1, 2009, the Department initiated a sunset review of the antidumping duty order on sorbitol from France pursuant to section 751(c) of the Act. See Initiation of Five-year (Sunset) Reviews, 74 FR 31412 (July 1, 2009). The Department received a notice of intent to participate from one domestic interested party, Archer Daniels Midland Company (ADM) within the deadline specified in section 351.218(d)(1)(i) of the Department’s regulations.1 A second domestic interested party, Corn Products International (Corn Products) filed its intent to participate on July 22, 2009, a week after the regulatory deadline. Further, Corn Products filed comments on July 31, 2009. The Department rejected Corn Products’ filings as untimely on August 11, 2009. See Letter to Corn Products, dated August 11, 2009. ADM claimed interested party status under section 771(9)(C) of the Act as U.S. producers of the subject merchandise. On July 31, 2009, the Department received complete substantive responses from ADM within the 30-day deadline specified in 19 CFR 351.218(d)(3)(ii). However, the Department received no substantive responses from respondent interested parties.2 As a result, pursuant to section 1 Counsel for ADM notified the Department by telephone that ADM intended to participate in this proceeding and requested that ADM be permitted to file its notification one day after the regulatory deadline of July 16, 2009. The Department acceded to this request and accepted ADM’s notice of intent, filed on July 17, 2009. See Memorandum to the file from Dana S. Mermelstein dated July 21, 2009. 2 Roquette Freres, a respondent interested party, made a submission to the Department on August 17, 2009, containing comments on the notices of intent to participate by domestic interested parties. See Issues and Decision Memorandum for details. ADM E:\FR\FM\03NON1.SGM Continued 03NON1 56794 Federal Register / Vol. 74, No. 211 / Tuesday, November 3, 2009 / Notices 751(c)(3)(B) of the Act and 19 CFR. 351.218(e)(1)(ii)(C)(2), the Department has conducted an expedited sunset review of this order. Scope of the Orders The products covered by this order are shipments of crystalline sorbitol (sorbitol), a polyol produced by the hydrogenation of sugars (glucose), used in the production of sugarless gum, candy, groceries, and pharmaceuticals. The above–described sorbitol is classified under HTS subheading 2905.44.00. The HTS subheading is provided for convenience and for customs purposes. The written description remains dispositive. Analysis of Comments Received mstockstill on DSKH9S0YB1PROD with NOTICES All issues raised in this case are addressed in the ‘‘Issues and Decision Memorandum’’ from Richard Weible, Director Office 7 to John M. Andersen, Acting Deputy Assistant Secretary for AD/CVD Operations, Import Administration, dated October 28, 2009, (Decision Memorandum), which is hereby adopted by this notice. The issues discussed in the Decision Memorandum include the likelihood of continuation or recurrence of dumping and the magnitude of the margin likely to prevail if the order was revoked. Parties can find a complete discussion of all issues raised in this sunset review and the corresponding recommendations in this public memorandum, which is on file in room 1117 of the main Department building. In addition, a complete version of the Decision Memorandum can be accessed directly on the Internet at http:// ia.ita.doc.gov/frn/. The paper copy and electronic version of the Decision Memorandum are identical in content. return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of the return or 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 violation which is subject to sanction. The Department is issuing and publishing these results and this notice in accordance with sections 751(c), 752, and 777(i)(1) of the Act. Dated: October 28, 2009. John M. Andersen, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. E9–26427 Filed 11–2–09; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–570–888] Floor–Standing Metal–Top Ironing Tables and Parts Thereof from the People’s Republic of China: Final Results of Expedited Five-year (Sunset) Review of Antidumping Duty Order AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On July 1, 2009, the Department of Commerce (the Department) initiated a sunset review of the antidumping duty order on floor– standing metal–top ironing tables and parts thereof (ironing tables) from the People’s Republic of China (the PRC) pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). The Final Results of Sunset Reviews Department conducted an expedited The Department has determined that (120-day) sunset review of this revocation of the antidumping duty antidumping duty order. As a result of order on sorbitol from France would this sunset review, the Department finds likely lead to continuation or recurrence that revocation of the antidumping duty of dumping at the following percentage order would be likely to lead to weighted–average margins: continuation or recurrence of dumping at the levels identified below in the Manufacturers/ExportWeighted–Average ‘‘Final Results of Review’’ section of this ers/Producers Margin (Percent) notice. Roquette Freres ............ 2.90 percent EFFECTIVE DATE: November 3, 2009. All Others ...................... 2.90 percent FOR FURTHER INFORMATION: David Cordell, AD/CVD Operations, Office 7, This notice serves as the only or Dana Mermelstein, AD/CVD reminder to parties subject to Operations, Office 6, Import administrative protective orders (APO) Administration, International Trade of their responsibility concerning the Administration, U.S. Department of Commerce, 14th Street and Constitution filed comments in response to Roquette Freres on Avenue, NW, Washington, DC 20230; August 18, 2009 and on September 1, 2009, ADM telephone: (202) 482–0408, or (202) filed comments on the Adequacy of Responses and Appropriateness of an Expedited Review. 482–1391, respectively. VerDate Nov<24>2008 18:15 Nov 02, 2009 Jkt 220001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 SUPPLEMENTARY INFORMATION: Background On July 1, 2009, the Department initiated a sunset review of the antidumping duty order on ironing tables from the PRC pursuant to section 751(c) of the Act. See Initiation of Fiveyear (Sunset) Reviews, 74 FR 31412 (July 1, 2009). The Department received a notice of intent to participate from one domestic interested party, Home Products International (HPI), within the deadline specified in 19 CFR 351.218(d)(1)(i) of the Department’s regulations. HPI claimed interested party status under section 771(9)(C) of the Act as a domestic producer of the domestic like product. We received a complete substantive response from HPI within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). The Department also received a substantive response from one respondent party, Since Hardware (Guangzhou) Co., Ltd. (Since Hardware) within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). On August 5, 2009 HPI submitted rebuttal comments to Since Hardware’s substantive response. On August 19, 2009 the Department determined Since Hardware’s substantive response to be inadequate because it failed to meet certain requirements in 19 CFR 351.218(c)(1)(ii)(A) and (d)(3)(iii)(E). For a more detailed discussion of the Department’s determination regarding Since Hardware’s substantive response, please see the Memorandum to the File, ‘‘Adequacy Determination of Respondent’s Substantive Comments: Sunset Review of the Antidumping Duty Order on Floor–Standing Metal–Top Ironing Tables and Parts Thereof from the People’s Republic of China (PRC)’’ dated August 19, 2009. As a result of the foregoing, the Department conducted an expedited (120-day) sunset review of this order pursuant to section 751(C)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(c)(2). Scope of the Order For purposes of the order, the product covered consists of floor–standing, metal–top ironing tables, assembled or unassembled, complete or incomplete, and certain parts thereof. The subject tables are designed and used principally for the hand ironing or pressing of garments or other articles of fabric. The subject tables have full–height leg assemblies that support the ironing surface at an appropriate (often adjustable) height above the floor. The subject tables are produced in a variety of leg finishes, such as painted, plated, or matte, and they are available with E:\FR\FM\03NON1.SGM 03NON1

Agencies

[Federal Register Volume 74, Number 211 (Tuesday, November 3, 2009)]
[Notices]
[Pages 56793-56794]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-26427]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-427-001]


Sorbitol from France: Final Results of Expedited Five-year 
(Sunset) Review of Antidumping Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On July 1, 2009, the Department of Commerce (the Department) 
initiated a sunset review of the antidumping duty order on sorbitol 
from France pursuant to section 751(c) of the Tariff Act of 1930, as 
amended (the Act). On the basis of a notice of intent to participate 
and adequate substantive responses filed on behalf of domestic 
interested party, and the lack of a response from respondent interested 
parties, the Department conducted an expedited (120-day) sunset review 
of this antidumping duty order. As a result of this sunset review, the 
Department finds that revocation of the antidumping duty orders would 
be likely to lead to continuation or recurrence of dumping at the 
levels identified below in the ``Final Results of Sunset Review'' 
section of this notice.

EFFECTIVE DATE: November 3, 2009.

FOR FURTHER INFORMATION: David Cordell, AD/CVD Operations, Office 7, or 
Dana Mermelstein, AD/CVD Operations, Office 6, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW, Washington, DC 20230; telephone: 
(202) 482-0408, or (202) 482-1391, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 1, 2009, the Department initiated a sunset review of the 
antidumping duty order on sorbitol from France pursuant to section 
751(c) of the Act. See Initiation of Five-year (Sunset) Reviews, 74 FR 
31412 (July 1, 2009). The Department received a notice of intent to 
participate from one domestic interested party, Archer Daniels Midland 
Company (ADM) within the deadline specified in section 351.218(d)(1)(i) 
of the Department's regulations.\1\ A second domestic interested party, 
Corn Products International (Corn Products) filed its intent to 
participate on July 22, 2009, a week after the regulatory deadline. 
Further, Corn Products filed comments on July 31, 2009. The Department 
rejected Corn Products' filings as untimely on August 11, 2009. See 
Letter to Corn Products, dated August 11, 2009.
    ADM claimed interested party status under section 771(9)(C) of the 
Act as U.S. producers of the subject merchandise. On July 31, 2009, the 
Department received complete substantive responses from ADM within the 
30-day deadline specified in 19 CFR 351.218(d)(3)(ii). However, the 
Department received no substantive responses from respondent interested 
parties.\2\ As a result, pursuant to section

[[Page 56794]]

751(c)(3)(B) of the Act and 19 CFR. 351.218(e)(1)(ii)(C)(2), the 
Department has conducted an expedited sunset review of this order.
---------------------------------------------------------------------------

    \1\ Counsel for ADM notified the Department by telephone that 
ADM intended to participate in this proceeding and requested that 
ADM be permitted to file its notification one day after the 
regulatory deadline of July 16, 2009. The Department acceded to this 
request and accepted ADM's notice of intent, filed on July 17, 2009. 
See Memorandum to the file from Dana S. Mermelstein dated July 21, 
2009.
    \2\ Roquette Freres, a respondent interested party, made a 
submission to the Department on August 17, 2009, containing comments 
on the notices of intent to participate by domestic interested 
parties. See Issues and Decision Memorandum for details. ADM filed 
comments in response to Roquette Freres on August 18, 2009 and on 
September 1, 2009, ADM filed comments on the Adequacy of Responses 
and Appropriateness of an Expedited Review.
---------------------------------------------------------------------------

Scope of the Orders

    The products covered by this order are shipments of crystalline 
sorbitol (sorbitol), a polyol produced by the hydrogenation of sugars 
(glucose), used in the production of sugarless gum, candy, groceries, 
and pharmaceuticals. The above-described sorbitol is classified under 
HTS subheading 2905.44.00. The HTS subheading is provided for 
convenience and for customs purposes. The written description remains 
dispositive.

Analysis of Comments Received

    All issues raised in this case are addressed in the ``Issues and 
Decision Memorandum'' from Richard Weible, Director Office 7 to John M. 
Andersen, Acting Deputy Assistant Secretary for AD/CVD Operations, 
Import Administration, dated October 28, 2009, (Decision Memorandum), 
which is hereby adopted by this notice. The issues discussed in the 
Decision Memorandum include the likelihood of continuation or 
recurrence of dumping and the magnitude of the margin likely to prevail 
if the order was revoked. Parties can find a complete discussion of all 
issues raised in this sunset review and the corresponding 
recommendations in this public memorandum, which is on file in room 
1117 of the main Department building.
    In addition, a complete version of the Decision Memorandum can be 
accessed directly on the Internet at http://ia.ita.doc.gov/frn/. The 
paper copy and electronic version of the Decision Memorandum are 
identical in content.

Final Results of Sunset Reviews

    The Department has determined that revocation of the antidumping 
duty order on sorbitol from France would likely lead to continuation or 
recurrence of dumping at the following percentage weighted-average 
margins:

------------------------------------------------------------------------
                                                       Weighted-Average
          Manufacturers/Exporters/Producers            Margin (Percent)
------------------------------------------------------------------------
Roquette Freres.....................................        2.90 percent
All Others..........................................        2.90 percent
------------------------------------------------------------------------

    This notice serves as the only reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of the return or 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 violation which is 
subject to sanction.
    The Department is issuing and publishing these results and this 
notice in accordance with sections 751(c), 752, and 777(i)(1) of the 
Act.

    Dated: October 28, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. E9-26427 Filed 11-2-09; 8:45 am]
BILLING CODE 3510-DS-S