Notice2022-14281
Agreement Suspending the Antidumping Duty Investigation on Sugar From Mexico: Final Results of the 2019-2020 Administrative Review
Primary source
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Published
July 6, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 128 (Wednesday, July 6, 2022)</title>
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[Federal Register Volume 87, Number 128 (Wednesday, July 6, 2022)]
[Notices]
[Pages 40178-40179]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="http://access.trade.gov">http://access.trade.gov</a>. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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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
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