[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]


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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\
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    \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).
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    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.
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    \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.
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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\
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    \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).
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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.
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    \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.''
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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