[Federal Register Volume 84, Number 107 (Tuesday, June 4, 2019)]
[Notices]
[Pages 25752-25753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11602]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-845]
Agreement Suspending the Antidumping Duty Investigation on Sugar
From Mexico (as Amended); Final Results of 2017 Administrative Review
AGENCY: Enforcement & Compliance, International Trade Administration,
Department of Commerce.
DATES: June 4, 2019.
SUMMARY: For the final results of this review the Department of
Commerce (Commerce) continues to find that the selected respondents
Ingenio El Higo S.A. de C.V., Ingenio Melchor Ocampo S.A. de C.V., and
Zucarmex S.A. de C.V. (and its affiliates) (collectively, Grupo
Zucarmex), and Ingenio San Miguel Del Naranjo S.A. de C.V. (and its
affiliates) (collectively, Grupo Beta San Miguel), are in compliance
with the Agreement Suspending the Antidumping Duty Investigation on
Sugar from Mexico (AD Agreement), as amended on June 30, 2017
(collectively, amended AD Agreement), for the period October 1, 2017,
through November 30, 2017, and that the amended AD Agreement is meeting
the statutory requirements under sections 704(c) and (d) of the Tariff
Act of 1930, as amended (the Act).
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 20, 2018, Commerce published its Preliminary Results of
the administrative review of the amended AD Agreement covering the
period of review (POR) of October 1, 2017, through November 30,
2017.\1\ Commerce gave interested parties an opportunity to comment on
the Preliminary Results. On March 4, 2019, Commerce received a case
brief from the American Sugar Coalition and its Members \2\
(collectively, the petitioners).\3\ On March 14, 2019, Commerce
received a rebuttal brief from Camara Nacional de Las Industrias
Azucarera y Alcoholera (Mexican Sugar Chamber), Grupo Zucarmex, and
Grupo Beta San Miguel (collectively, the respondents).\4\ Also on March
15, 2019, Commerce received a rebuttal brief from the Government of
Mexico (GOM).\5\
---------------------------------------------------------------------------
\1\ See Preliminary Results of 2017 Administrative Review, 83 FR
65343 (December 20, 2018) (Preliminary Results); Sugar from Mexico:
Suspension of Antidumping Duty Investigation, 79 FR 78039 (December
29, 2014) (AD Agreement); Sugar from Mexico: Amendment to the
Agreement Suspending the Antidumping Duty Investigation, 82 FR 31945
(July 11, 2017) (AD Amendment).
\2\ Members of the American Sugar Coalition are as follows:
American Sugar Can 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.
\3\ See Petitioners' Case Brief, ``The Administrative Review of
the Suspended Antidumping Investigation on Sugar from Mexico,''
dated March 4, 2019 (Petitioners' Case Brief).
\4\ See Respondents' Rebuttal Brief, ``Sugar from Mexico--
Rebuttal Brief,'' dated March 15, 2019 (Respondents' Rebuttal
Brief).
\5\ See GOM's Rebuttal Brief, ``Sugar from Mexico: Rebuttal
Brief of the Government of Mexico,'' dated March 15, 2019 (GOM's
Rebuttal Brief).
---------------------------------------------------------------------------
Commerce exercised its discretion to toll all deadlines affected by
the partial federal government closure from December 22, 2018, through
the resumption of operations on January 29, 2019.\6\ If the new
deadline falls on a non-business day, in accordance with Commerce's
practice, the deadline will become the next business day. The revised
deadline for the final results of this review is now May 29, 2019.
---------------------------------------------------------------------------
\6\ See Memorandum to the Record from 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, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' dated
January 28, 2019. All deadlines in this segment of the proceeding
have been extended by 40 days.
---------------------------------------------------------------------------
Scope of Review
Merchandise covered by this amended AD 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,
[[Page 25753]]
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 AD Agreement is dispositive.\7\
---------------------------------------------------------------------------
\7\ For a complete description of the Scope of the Suspension
Agreement, see Memorandum from P. Lee Smith, Deputy Assistant
Secretary for Policy and Negotiations for Enforcement and
Compliance: ``Issues and Decision Memorandum for the Final Results
of the Administrative Review of the Agreement Suspending the
Antidumping Duty Investigation on Sugar from Mexico, as Amended, for
the period October 1, 2017, through November 30, 2017, dated
concurrently with this determination and hereby adopted by this
notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Analysis
In the Preliminary Results, we determined that the respondents
selected for individual examination, Grupo Zucarmex and Grupo Beta San
Miguel, were in compliance with the amended AD Agreement.
The issues raised in the case briefs and rebuttal briefs are
addressed in the Issues and Decision Memorandum and the accompanying
business proprietary memorandum.\8\ The issues are identified in the
Appendix to this notice. The Issues and Decision Memorandum is a public
document and is on file electronically via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS). ACCESS is available to registered users at http://access.trade.gov and in the Central Records Unit, room B8024 of the
main Department of Commerce building. In addition, a complete version
of the Issues and Decision Memorandum can be accessed directly on the
internet at http://trade.gov/enforcement/frn/index.html. The signed
Issues and Decision Memorandum and electronic versions of the Issues
and Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\8\ See Issues and Decision Memorandum; Memorandum from P. Lee
Smith entitled ``Summary of Proprietary Information in the Issues
and Decisions Memorandum for the Final Results of the Administrative
Review for the Agreement Suspending the Antidumping Duty
Investigation on Sugar from Mexico, as Amended, for the period
October 1, 2017, through November 30, 2017.''
---------------------------------------------------------------------------
Notification to Interested Parties
This notice also serves as a reminder to parties subject to
administrative protective orders (APOs) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, which continues
to govern business proprietary information in this segment of the
proceeding. Timely written notification of the return/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 that is subject to sanction.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213 and 19
CFR 351.221(b)(5).
Dated: May 29, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Issues and Decision Memorandum
I. Summary
II. Scope of the Review
III. Background
IV. Discussion of the Issues
Issue 1: Alleged Violations of the Amended AD Agreement
A. Alleged Violations With Respect to Certain Sales
B. Erroneous Categorizations of Sales
C. Compliance With Mathematical Requirements in the Amended AD
Agreement
Issue 2: Enforcement of the Amended AD Agreement
[FR Doc. 2019-11602 Filed 6-3-19; 8:45 am]
BILLING CODE 3510-DS-P