[Federal Register Volume 87, Number 128 (Wednesday, July 6, 2022)]
[Notices]
[Pages 40178-40179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14281]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-845]


Agreement Suspending the Antidumping Duty Investigation on Sugar 
From Mexico: Final Results of the 2019-2020 Administrative Review

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

SUMMARY: The Department of Commerce (Commerce) continues to find that 
the respondents selected for individual examination, respectively, 
Impulsora Azucarera Del Tr[oacute]pico, S.A. de C.V. (Impulsora Del 
Tropico) and its affiliates and Ingenio Huixtla SA de C.V. (Ingenio 
Huixtla) and its affiliates (collectively, Respondents) were in 
compliance with the terms of the Agreement Suspending the Antidumping 
Duty Investigation on Sugar from Mexico, as amended (AD Agreement) 
during the period of review (POR) from January 1, 2020, through 
December 31, 2020. Commerce also continues to find that the AD 
Agreement met the statutory requirements under sections 734(c) and (d) 
of the Tariff Act of 1930, as amended (the Act) during the POR.

DATES: Applicable July 6, 2022.

FOR FURTHER INFORMATION CONTACT: Sally C. Gannon or David Cordell, 
Enforcement and 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 January 7, 2022, Commerce published the Preliminary Results of 
this administrative review.\1\ On February 14, 2022, Respondents filed 
a case brief.\2\ On February 22, 2022, the American Sugar Coalition and 
its members (petitioners) \3\ filed a rebuttal brief.\4\
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    \1\ See Agreement Suspending the Antidumping Duty Investigation 
on Sugar from Mexico; Preliminary Results of the 2019-2020 
Administrative Review, 87 FR 972 (January 7, 2022) (Preliminary 
Results), and accompanying Preliminary Issues and Decision 
Memorandum.
    \2\ See Respondents' Letter, ``Case Brief,'' dated February 14, 
2022.
    \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 Petitioners' Letter, ``Rebuttal Brief of the American 
Sugar Coalition and its Members,'' dated February 22, 2022.
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Scope of the AD Agreement

    The product covered by this AD Agreement is raw and refined sugar 
of all polarimeter readings derived from sugar cane or sugar beets. 
Merchandise covered by this AD Agreement is typically imported under 
the following headings of the HTSUS: 1701.12.1000, 1701.12.5000, 
1701.13.1000, 1701.13.5000, 1701.14.1020, 1701.14.1040, 1701.14.5000, 
1701.91.1000, 1701.91.3000, 1701.99.1015, 1701.99.1017, 1701.99.1025, 
1701.99.1050, 1701.99.5015, 1701.99.5017, 1701.99.5025, 1701.99.5050, 
and 1702.90.4000.\5\ The tariff classification is provided for 
convenience and customs purposes; however, the written description of 
the scope of this AD Agreement is dispositive.\6\
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    \5\ Prior to July 1, 2016, merchandise covered by the AD 
Agreement was classified in the HTSUS under subheading 1701.99.1010. 
Prior to January 1, 2020, merchandise covered by the AD Agreement 
was classified in the HTSUS under subheadings 1701.14.1000 and 
1701.99.5010.
    \6\ For a complete description of the Scope of the AD Agreement, 
see Memorandum, ``Issues and Decision Memorandum for the Final 
Results of the 2019-2020 Administrative Review of the Agreement 
Suspending the Antidumping Duty Investigation on Sugar from Mexico, 
as Amended,'' dated concurrently with, and hereby adopted by, this 
notice (Issues and Decision Memorandum).
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Analysis

    Commerce continues to find, based on record evidence, that 
Respondents, Impulsora Del Tropico and Ingenio Huixtla, were in 
compliance with the terms of the AD Agreement during the POR. We also 
determine that the AD Agreement met the statutory requirements under 
sections 734(c) and (d) of the Act, during the POR. However, during the 
review, Commerce identified issues related to recordkeeping and certain 
complex transactions referred to as ``swap transactions.'' We intend to 
consult with the Signatories to the AD Agreement under Section VII.E.2 
(Operations Consultations) to ensure sufficient recordkeeping with 
respect to swap transactions. Such recordkeeping is necessary to 
demonstrate compliance with the AD Agreement and to ensure that any 
potential administrative challenges to effective monitoring are 
diminished.
    The issues raised in the case and rebuttal briefs are addressed in 
the accompanying Issues and Decision Memorandum and business 
proprietary memorandum.\7\ 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. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \7\ See Issues and Decision Memorandum; see also Memorandum, 
``Final Analysis of Proprietary Information: Impulsora Azucarera Del 
Tr[oacute]pico and its Affiliates,'' dated concurrently with the 
Issues and Decision Memorandum.
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Notification Regarding Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative

[[Page 40179]]

protective order (APO) of their responsibility concerning the return or 
destruction of proprietary information disclosed under APO in 
accordance with 19 CFR 351.305(a)(3). Timely written notification of 
the return or 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 sanctionable violation.

Notification to Interested Parties

    We are issuing and publishing these results of review in accordance 
with sections 751(a)(l) and 777(i)(l) of the Act and 19 CFR 351.213 and 
19 CFR 351.221(b)(5).

    Dated: June 29, 2022.
Ryan Majerus,
Deputy Assistant Secretary for Policy & Negotiations, Enforcement and 
Compliance.

Appendix

Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Agreement
IV. Discussion of the Issues
    1. Designation of Certain Transactions as Home Market or U.S. 
Sales
    2. Recordkeeping Issues Surrounding Swap Transactions and 
Consultations with the Signatories
V. Recommendation

[FR Doc. 2022-14281 Filed 7-5-22; 8:45 am]
BILLING CODE 3510-DS-P