[Federal Register Volume 79, Number 106 (Tuesday, June 3, 2014)]
[Notices]
[Pages 31920-31921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-12849]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-201-846]


Sugar From Mexico: Postponement of Preliminary Determination in 
Countervailing Duty Investigation

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

DATES: Effective Date: June 3, 2014.

FOR FURTHER INFORMATION CONTACT: Kaitlin Wojnar, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230, (202) 482-3857; 
telephone: 202-482-3857.

SUPPLEMENTARY INFORMATION:

Background

    On April 17, 2014, the Department of Commerce (the Department) 
initiated the countervailing duty (CVD) investigation of sugar from 
Mexico.\1\ Currently, the preliminary determination is due no later 
than June 23, 2014.
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    \1\ See Sugar from Mexico: Initiation of Countervailing Duty 
Investigation, 79 FR 22790 (April 24, 2014).
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Postponement of Preliminary Determination

    Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act), 
requires the Department to issue the preliminary determination in a CVD 
investigation no later than 65 days after the date on which the 
Department initiated the investigation. However, if the Department 
determines that the parties concerned in the investigation are 
cooperating and that the investigation is extraordinarily complicated, 
section 703(c)(1)(B) of the Act allows the Department to postpone 
making the preliminary determination until no later than 130 days after 
the date on which it initiated the investigation.
    The Department determines that the parties involved in this 
proceeding are cooperating.\2\ Since the petition for this CVD 
investigation was filed,\3\ four separate Mexican sugar exporters/
producers filed entries of appearances,\4\ as well as one Mexican sugar 
industry trade group, which alone represents at least nineteen 
individual Mexican sugar companies, including the Mexican government's 
expropriated mill-operating organization, Fondo de Empresas Expropiadas 
del Sector Azucarero.\5\ Each of these interested parties contributed 
to the record of this investigation.\6\ Furthermore, the Government of 
Mexico (GOM) has been actively involved in this proceeding. The GOM is 
on the public service list for this investigation, sent a delegation to 
the Department's main building for consultations regarding 
initiation,\7\ and has since filed comments on the investigation's 
scope.\8\ Such actions by the Mexican sugar industry and the GOM 
indicate that the interested parties are currently cooperating in this 
investigation.
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    \2\ See section 703(c)(1)(B) of the Act.
    \3\ See Petition for the Imposition of Countervailing Duties on 
Imports of Sugar from Mexico, March 28, 2014.
    \4\ See, e.g., ``Entry of Appearance and APO Application,'' 
filed on behalf of Impulsora Azucarera del Noroeste, S.A. de C.V., 
April 24, 2014.
    \5\ See ``Entry of Appearance and Administrative Protective 
Order Application'' and ``Amended Entry of Appearance and 
Administrative Protective Order Application,'' filed on behalf of 
Camara Nacional de Las Industrias Azucarera Y Al Alcoholera, April 
11, 2014.
    \6\ See, e.g., ``Scope Comments,'' filed on behalf of Batory 
Foods Inc., May 7, 2014.
    \7\ See ``Consultations with the Government of Mexico Regarding 
the Countervailing Duty Petition on Sugar from Mexico,'' April 11, 
2014.
    \8\ See ``Brief Submission of the Government of Mexico,'' May 7, 
2014.
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    The Department also determines that this investigation is 
extraordinarily complicated in light of (1) the number and complexity 
of the alleged countervailable subsidy programs and (2) the need to 
determine the extent to which particular countervailable subsidies are 
used by individual manufacturers, producers, and

[[Page 31921]]

exporters.\9\ Specifically, the Department must analyze at least 20 
complex alleged subsidy programs, most of which have never before been 
examined by the Department.\10\ These programs include debt discount 
and forgiveness, grants, various tax benefits, and preferential loans, 
which must be examined for each respondent selected and any company 
that is cross-owned with such respondents. If certain companies are 
selected as respondents, the Department will also analyze several 
company-specific uncreditworthiness allegations.\11\ As such, the 
Department will likely have to issue multiple supplemental 
questionnaires. Moreover, the Department determines that additional 
time is necessary to make the preliminary determination in this 
investigation because initial questionnaires for this investigation 
have not yet been issued to the GOM or respondents and the Department 
will require additional time to review and analyze questionnaire 
responses once received from the GOM, respondents, and any companies 
cross-owned with respondents.
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    \9\ See section 703(c)(1)(B)(i) of the Act.
    \10\ See generally ``Countervailing Duty Initiation Checklist,'' 
April 17, 2014.
    \11\ Id. at 24-25.
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    For these reasons, pursuant to section 703(c)(1) of the Act, the 
Department is hereby postponing the due date for the preliminary CVD 
determination to no later than 130 days after the day on which the 
investigation was initiated. As a result of this postponement, the 
deadline for completion of the preliminary determination is now August 
25, 2014.
    This notice is issued and published pursuant to section 703(c)(2) 
of the Act and 19 CFR 351.205(f)(1).

    Dated: May 28, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-12849 Filed 6-2-14; 8:45 am]
BILLING CODE 3510-DS-P