[Federal Register Volume 83, Number 244 (Thursday, December 20, 2018)]
[Notices]
[Pages 65347-65348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27537]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-201-846]
Agreement Suspending the Countervailing Duty Investigation on
Sugar From Mexico (as Amended); Preliminary Results of 2017
Administrative Review
AGENCY: Enforcement & Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable December 20, 2018.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that the Government of Mexico (GOM) and selected respondents Ingenio El
Higo S.A. de C.V., Central El Potrero S.A. de C.V., Ingenio Melchor
Ocampo S.A. de C.V., and Zucarmex S.A. de C.V. (and their affiliates)
are in compliance with the Agreement Suspending the Countervailing Duty
Investigation of Sugar from Mexico (CVD Agreement), as amended on June
30, 2017 (collectively, amended CVD Agreement), for the period October
1, 2017, through December 31, 2017. Commerce also preliminary
determines that the amended CVD Agreement is meeting the statutory
requirements under sections 704(c) and (d) of the Tariff Act of 1930,
as amended. Interested parties are invited to comment on these
preliminary results.
FOR FURTHER INFORMATION CONTACT: Sally C. Gannon or David Cordell,
Enforcement & Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230, telephone: (202) 482-0162 or (202) 482-0408, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 19, 2014, Commerce signed an agreement under section
704(c) of the Tariff Act of 1930, as amended (the Act), with the GOM,
suspending the CVD investigation on sugar from Mexico.\1\ On June 30,
2017, Commerce and the GOM signed an amendment to the CVD Agreement.\2\
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\1\ See Agreement Suspending the Countervailing Duty
Investigation of Sugar from Mexico, 79 FR 78044 (December 29, 2014)
(CVD Agreement).
\2\ See Sugar from Mexico: Amendment to the Agreement Suspending
the Countervailing Duty Investigation, 82 FR 31942 (July 11, 2017)
(CVD Amendment).
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On December 29, 2017, the American Sugar Coalition and its Members
\3\ (petitioners) filed a request for an administrative review of the
amended CVD Agreement.\4\ The review was initiated on February 13,
2018, covering the January 1, 2017 through December 31, 2017,\5\ period
of review (POR). Commerce amended the POR on April 19, 2018, to reflect
the period from October 1, 2017 to December 31, 2017 (including sales
prior to October 1, 2017 that resulted in entries during the fourth
quarter of 2017).\6\ On May 23, 2018, Commerce selected the four
largest producers/exporters by volume as mandatory respondents,\7\ and
issued its questionnaire to the GOM, the signatory to the CVD
Agreement, and asked the GOM to send full questionnaires at attachment
1 to the four selected companies (and their affiliates). These were:
Central El Potrero S.A. de C.V., Ingenio El Higo S.A. de C.V., Ingenio
Melchor Ocampo S.A. de C.V, and Zucarmex S.A. de C.V. Commerce also
asked that the GOM respond to its own questionnaire.
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\3\ The members of the American Sugar Coalition are as follows:
American Sugar Cane League, American Sugarbeet Growers Association,
American Sugar Refining, Inc., Florida Sugar Cane League, Rio Grande
Valley Sugar Growers, Inc., Sugar Cane Growers Cooperative of
Florida, and the United States Beet Sugar Association.
\4\ See Letter from petitioners, entitled ``Sugar from Mexico:
Request for Administrative Review'' (December 29, 2017).
\5\ The original initiation notice had incorrectly stated that
the POR ended on December 30, 2017, and this was corrected in the
initiation notice published on March 16, 2018.
\6\ See Memorandum to P. Lee Smith, entitled ``Administrative
Review of the Agreement Suspending the Countervailing Duty
Investigation on Sugar from Mexico, as Amended: Period of Review''
(April 19, 2018).
\7\ See Memorandum to P. Lee Smith, entitled ``2017
Administrative Review of the Agreement Suspending the Countervailing
Duty Investigation on Sugar from Mexico As Amended: Respondent
Selection'' and ``Questionnaire Regarding the Agreement Suspending
the Countervailing Duty Investigation on Sugar from Mexico for the
October 1, 2017 through December 31, 2017 Period of Review'', both
dated May 23, 2018.
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Scope of Review
Merchandise covered by this amended CVD Agreement is typically
imported under the following headings of the HTSUS: 1701.12.1000,
1701.12.5000, 1701.13.1000, 1701.13.5000, 1701.14.1000, 1701.14.5000,
1701.91.1000, 1701.91.3000, 1701.99.1010, 1701.99.1025, 1701.99.1050,
1701.99.5010, 1701.99.5025, 1701.99.5050, and 1702.90.4000. The tariff
classification is provided for convenience and customs purposes;
however, the written description of the scope of this amended CVD
Agreement is dispositive.\8\
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\8\ For a complete description of the Scope of the Order, see
Memorandum to Gary Taverman, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, performing the non-
exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance, from P. Lee Smith, Deputy Assistant
Secretary for Policy and Negotiations, ``Decision Memorandum for
Preliminary Results of Administrative Review of the Agreement
Suspending the Antidumping Duty Investigation on Sugar from
Mexico,'' dated concurrently with this notice (Preliminary Decision
Memorandum).
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Methodology and Preliminary Results
Commerce is conducting this review in accordance with section
751(a)(1)(C) of the Act. After reviewing the information received to
date from the respondent companies and the GOM in their questionnaire
and supplemental questionnaire responses, we preliminarily find that
the information indicates that the GOM has adhered to the terms of the
amended CVD Agreement and that the amended CVD Agreement is functioning
as intended. Further, we preliminarily determine that the amended CVD
Agreement is meeting the statutory requirements under sections 704(c)
and (d) of the Act. For a full description of the methodology
underlying our conclusions, see the Preliminary Decision Memorandum.
Public Comment
Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit
case briefs not later than 30 days after the date of publication of
this notice. Rebuttal briefs, limited to issues raised in the case
briefs, may be filed not later than five days after the date for filing
case briefs in accordance with 19 CFR 351.309(d)(1). Parties who submit
case briefs or rebuttal briefs in this proceeding are encouraged to
provide: (1) A statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities. See 19 CFR 351.309(c)(2) and
(d)(2).
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, or to participate if one is requested, must submit a
written request to the Assistant Secretary for Enforcement and
Compliance filed electronically via ACCESS. An
[[Page 65348]]
electronically filed document must be received successfully in its
entirety by Commerce's electronic records system, ACCESS, by 5:00 p.m.
Eastern Standard Time within 30 days after the date of publication of
this notice. Requests should contain: (1) The party's name, address and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case briefs. Commerce intends to issue
the final results of this administrative review, including the results
of its analysis of the issues raised in any written briefs, not later
than 120 days after the date of publication of this notice, pursuant to
section 751(a)(3)(A) of the Act.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: December 14, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2018-27537 Filed 12-19-18; 8:45 am]
BILLING CODE 3510-DS-P