[Federal Register Volume 80, Number 85 (Monday, May 4, 2015)]
[Notices]
[Pages 25278-25280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-10253]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-845; C-201-846]


Sugar From Mexico: Continuation of Antidumping and Countervailing 
Duty Investigations

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

DATES: Effective Date: May 4, 2015.

SUMMARY: As of December 19, 2014, the Department of Commerce (the 
Department) suspended the antidumping duty (AD) investigation of 
imports of sugar from Mexico, based on an agreement between the 
Department and signatory producers/exporters accounting for 
substantially all imports of sugar from Mexico, and the countervailing 
duty (CVD) investigation of imports of sugar from Mexico, based on an 
agreement between the Department and the Government of Mexico. Both 
agreements eliminate completely the injurious effects of exports of the 
subject merchandise to the United States. The Department has received 
timely requests to continue the AD and CVD investigations of sugar from 
Mexico. Pursuant to sections 734(g) and 704(g) of the Tariff Act of 
1930, as amended (the Act), respectively, the Department is resuming 
its investigations. We are resuming the investigations as if our 
preliminary determinations had been published on this notice's 
publication date.

FOR FURTHER INFORMATION CONTACT: Kaitlin Wojnar or David Lindgren at 
(202) 482-3857 or (202) 482-3870, respectively; 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.

SUPPLEMENTARY INFORMATION:

[[Page 25279]]

Background

    On April 17, 2014, the Department initiated AD and CVD 
investigations of sugar from Mexico under sections 732 and 702 of the 
Act, respectively.\1\ On August 25, 2014, the Department made an 
affirmative preliminary CVD determination and aligned the date of its 
final determination with that of the concurrent AD investigation.\2\ On 
October 24, 2014, the Department made a preliminary determination of 
sales at less than fair value and fully extended the final 
determination deadline.\3\
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    \1\ See Sugar from Mexico: Initiation of Antidumping Duty 
Investigation, 79 FR 22795 (April 24, 2014); see also Sugar from 
Mexico: Initiation of Countervailing Duty Investigation, 79 FR 22790 
(April 24, 2015).
    \2\ See Sugar from Mexico: Preliminary Affirmative 
Countervailing Duty Determination and Alignment of Final 
Countervailing Duty Determination with Final Antidumping Duty 
Determination, 79 FR 51956 (September 2, 2014).
    \3\ See Sugar from Mexico: Preliminary Determination of Sales at 
Less Than Fair Value and Postponement of Final Determination, 79 FR 
65189 (November 3, 2014).
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    On October 27, 2014, the Department and a representative for the 
Mexican sugar producers/exporters initialed a proposed agreement to 
suspend the AD investigation of sugar from Mexico.\4\ On the same day, 
the Department and the Government of Mexico initialed a proposed 
agreement to suspend the CVD investigation of sugar from Mexico.\5\ 
Consistent with sections 734(e)(1) and 704(e)(1) of the Act, the 
Department notified all interested parties and the U.S. International 
Trade Commission (ITC) of the proposed agreement.\6\ On October 30, 
2014, the Department issued a memorandum proposing a clarification of 
the scope of the investigations.\7\ Interested parties were invited to 
submit written comments on the proposed suspension agreements and the 
proposed scope clarification by November 10, 2014. On November 7, 2014, 
that deadline was extended to November 18, 2014.\8\ The Department 
received timely comments from numerous parties.
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    \4\ See Department Memorandum, ``Draft Agreement Suspending the 
Antidumping Duty Investigation on Sugar from Mexico,'' October 27, 
2014.
    \5\ See Department Memorandum, ``Draft Agreement Suspending the 
Countervailing Duty Investigation on Sugar from Mexico,'' October 
27, 2014.
    \6\ See Department Memorandum, ``Memorandum to All Interested 
Parties,'' October 27, 2014.
    \7\ See Department Memorandum, ``Antidumping and Countervailing 
Duty Investigations of Sugar from Mexico: Proposed Scope 
Clarification,'' October 30, 2014.
    \8\ See Department Memorandum, ``Sugar from Mexico: Notice of 
Extension of Deadline to Submit Comments on Draft Suspension 
Agreements and Scope Clarification,'' November 7, 2014.
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    The Department and a representative of the signatory producers/
exporters accounting for substantially all imports of Mexican sugar to 
the United States, Camara Nacional de Las Industrias Azucarera y 
Alcoholera (the Mexican Sugar Chamber), signed an agreement suspending 
the AD investigation on December 19, 2014.\9\ On the same day, the 
Department and the Government of Mexico signed an agreement suspending 
the CVD investigation.\10\ In accordance with sections 734(f) and 
704(f) of the Act, the Department notified the ITC of its suspension of 
the AD and CVD investigations.\11\ The scope of the investigations was 
revised, as provided in the Suspension Agreements, based on comments 
received from interested parties.
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    \9\ See Sugar from Mexico: Suspension of Antidumping Duty 
Investigation, 79 FR 78039 (December 29, 2014), at Attachment, 
``Agreement Suspending the Antidumping Duty Investigation on Sugar 
from Mexico'' (AD Suspension Agreement).
    \10\ See Sugar from Mexico: Suspension of Countervailing Duty 
Investigation, 79 FR 78044 (December 29, 2014), at Attachment, 
``Agreement Suspending the Countervailing Duty Investigation on 
Sugar from Mexico'' (CVD Suspension Agreement) (collectively, with 
the AD Suspension Agreement, the Suspension Agreements).
    \11\ See Letter from the Department, ``Suspension of Antidumping 
and Countervailing Duty Investigations of Sugar from Mexico,'' 
December 22, 2014.
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    On January 8, 2015, Imperial Sugar Company (Imperial) and AmCane 
Sugar LLC (AmCane) each notified the Department that they had 
petitioned the ITC to conduct a review to determine whether the 
injurious effects of imports of the subject merchandise are eliminated 
completely by the AD Suspension Agreement (a section 734(h) review) and 
the CVD Suspension Agreement (a section 704(h) review).\12\ On January 
16, 2015, Imperial and AmCane also submitted timely requests for 
continuation of the AD and CVD investigations.\13\ The American Sugar 
Coalition and its members\14\ (collectively, Petitioners) and the 
Mexican Sugar Chamber challenged both Imperial's and AmCane's standing 
to request continuation under sections 734(g) and 704(g) of the 
Act.\15\ The Department solicited comments on the standing issue and 
notified interested parties that, if it was determined that 
continuation is warranted, the suspended investigations would resume 
following the March 24, 2015, deadline for the ITC's section 734(h) and 
section 704(h) reviews.\16\ We received comments and rebuttal comments 
on the standing issue from several interested parties.\17\
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    \12\ See Letter from Imperial, ``Sugar from Mexico--Notice of 
Filing of Petition for Review of Suspension Agreements to Eliminate 
the Injurious Effect of Subject Imports,'' January 8, 2015; see also 
Letter from AmCane, ``Sugar from Mexico: Notice of Petition for 
Review of Suspension Agreements,'' January 8, 2015.
    \13\ See Letter from Imperial, ``Sugar from Mexico, Inv. Nos. A-
201-845 and C-201-846--Request for Continuation of Investigations,'' 
January 16, 2015; see also Letter from AmCane, ``Sugar from Mexico: 
Request for Continuation of Investigations,'' January 16, 2015.
    \14\ The American Sugar Coalition is comprised of the following 
individual members: American Sugar Cane League; American Sugar 
Refining, Inc.; American Sugarbeet Growers Association; Florida 
Sugar Cane League; Hawaiian Commercial and Sugar Company; Rio Grande 
Valley Sugar Growers, Inc.; Sugar Cane Growers Cooperative of 
Florida; and United States Beet Sugar Association.
    \15\ See Letter from Petitioners, ``Sugar from Mexico: 
Opposition to Standing of Imperial Sugar Company and AmCane Sugar 
LLC to Request Continuation of Suspended Investigations,'' January 
20, 2015; see also Letter from the Mexican Sugar Chamber, ``Letter 
Supporting Petitioners' Opposition to Standing of Imperial Sugar 
Company and AmCane Sugar LLC,'' January 22, 2015. Rebuttal comments 
were filed on January 27 and 28, 2015, and Petitioners filed a reply 
on January 29, 2015. See Letter from Imperial, ``Sugar from Mexico, 
Inv. Nos. A-201-845 and C-201-846--Response to Opposition to 
Standing of Imperial Sugar Company to Request Continuation of 
Suspended Investigations,'' January 27, 2015; see also Letter from 
AmCane, ``Sugar from Mexico: Response to Letter Disputing Standing 
of AmCane Sugar LLC to Request Continuation of Suspended 
Investigations,'' January 28, 2015; Letter from Petitioners, ``Sugar 
from Mexico: Reply to Imperial's and AmCane's Responses to 
Petitioners' Opposition to Standing to Request Continuation of 
Suspended Investigations,'' January 29, 2015.
    \16\ See Department Memorandum, ``Solicitation of Comments and 
Timetable for Requests to Continue the Antidumping and 
Countervailing Duty Investigations on Sugar from Mexico,'' January 
28, 2015.
    \17\ See Letter from the Mexican Sugar Chamber, ``Investigation 
of Sugar from Mexico--Opposition to Standing of Imperial Sugar 
Company and AmCane Sugar LLC,'' February 10, 2015; see also Letter 
from Sweetener Users Association, ``Sugar from Mexico--Comments of 
the Sweetener Users Association in Support of Determination that 
Certain Sugar Refiners Have Standing to Request Continuation of 
Investigations,'' February 10, 2015; Letter from Petitioners, 
``Sugar from Mexico: Comments on Continuation of Suspended 
Investigations,'' February 10, 2015; Letter from Imperial, ``Sugar 
from Mexico, Inv. Nos. A-201-845 and C-201-846--Rebuttal Comments in 
Response to Opposition to Standing of Imperial Sugar Company to 
Request Continuation of Suspended Investigations,'' February 17, 
2015; Letter from AmCane, ``Sugar from Mexico: Response to 
Petitioners' Feb. 10 Comments on Continuation of Suspended 
Investigations,'' February 17, 2015; Letter from Petitioners, 
``Sugar from Mexico: Rebuttal to Sweetener Users Association's 
Comments on Standing of Imperial Sugar Company and AmCane Sugar 
LLC,'' February 18, 2015.
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    On March 19, 2015, in a unanimous vote, the ITC found that the 
Suspension Agreements eliminate completely the injurious effects of 
imports of sugar from Mexico.\18\ On the same day, the Department 
announced that it would issue a decision regarding continuation

[[Page 25280]]

of the investigations promptly after the ITC made its views and 
findings available.\19\ On March 24, 2015, the ITC notified the 
Department of its determinations.\20\ On April 10, 2015, the ITC 
provided a report of its views and findings in the section 734(h) and 
section 704(h) reviews to the Department.\21\ On April 24, 2015, we 
issued a memorandum regarding our determination that Imperial and 
AmCane are interested parties which are parties to the investigations 
and, accordingly, have standing to request continuation of the AD and 
CVD investigations.\22\
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    \18\ See Department Memorandum, ``Requests to Continue the 
Antidumping and Countervailing Duty Investigations on Sugar from 
Mexico,'' March 19, 2015.
    \19\ Id.
    \20\ See Letter from the ITC, Notification of Determination, 
March 24, 2015.
    \21\ See Letter from the ITC, Notification of Report, April 9, 
2015 (notifying the Department that a report on the ITC's section 
734(h) and section 704(h) reviews would be available on the ITC's 
electronic filing system in one business day).
    \22\ See Department Memorandum, ``Standing of Imperial Sugar and 
AmCane Sugar to Request Continuation of the AD and CVD 
Investigations on Sugar From Mexico,'' April 24, 2015.
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Continuation of Investigations

    Sections 734(g) and 704(g) of the Act require the Department to 
continue a suspended investigation if it receives a request for 
continuation within 20 days of the notice of suspension of an 
investigation from an interested party, as described in section 
771(9)(C) through (G) of the Act, which is a party to the 
investigation. As noted above, Imperial and AmCane filed timely 
requests for continuation. Having determined that Imperial and AmCane 
have standing to request continuation, the Department is continuing its 
AD and CVD investigations of imports of sugar from Mexico pursuant to 
sections 734(g) and 704(g) of the Act, respectively. The Department is 
resuming the investigations as if its preliminary determinations had 
been published on this notice's publication date. Consistent with 
section 735(a)(2)(A) of the Act, as well as the CVD investigation's 
prior alignment with the concurrent AD investigation, we intend to make 
our final determination in both investigations within 135 days of this 
notice's publication date.

    Dated: April 24, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-10253 Filed 5-1-15; 8:45 am]
 BILLING CODE 3510-DS-P