Notice2022-14282
Agreement Suspending the Countervailing Duty Investigation on Sugar From Mexico: Final Results of the 2020 Administrative Review
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 6, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) continues to find that the signatories, the Government of Mexico (GOM), and the respondent companies selected for individual examination, respectively, Impulsora Azucarera Del Tr[oacute]pico, S.A. de C.V. and its affiliate (collectively, Grupo Del Tropico), and Ingenio Huixtla SA de C.V. and its affiliates (collectively, Grupo Porres) (together, we refer to Grupo Del Tropico and Grupo Porres as "Respondents"), were in compliance with the terms of the Agreement Suspending the Countervailing Duty Investigation on Sugar from Mexico, as amended (CVD Agreement), during the period of review (POR) from January 1, 2020, through December 31, 2020, except for certain instances of inconsequential non-compliance. Commerce also continues to find that the CVD Agreement met the statutory requirements under sections 704(c) and (d) of the Tariff Act of 1930, as amended (the Act) during the POR. However, we intend to address certain issues identified in this review by opening consultations with the GOM under Section VIII.D.4 of the CVD Agreement.
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 40177-40178]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-14282]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-201-846]
Agreement Suspending the Countervailing Duty Investigation on
Sugar From Mexico: Final Results of the 2020 Administrative Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) continues to find that
the signatories, the Government of Mexico (GOM), and the respondent
companies selected for individual examination, respectively, Impulsora
Azucarera Del Tr[oacute]pico, S.A. de C.V. and its affiliate
(collectively, Grupo Del Tropico), and Ingenio Huixtla SA de C.V. and
its affiliates (collectively, Grupo Porres) (together, we refer to
Grupo Del Tropico and Grupo Porres as ``Respondents''), were in
compliance with the terms of the Agreement Suspending the
Countervailing Duty Investigation on Sugar from Mexico, as amended (CVD
Agreement), during the period of review (POR) from January 1, 2020,
through December 31, 2020, except for certain instances of
inconsequential non-compliance. Commerce also continues to find that
the CVD Agreement met the statutory requirements under sections 704(c)
and (d) of the Tariff Act of 1930, as amended (the Act) during the POR.
However, we intend to address certain issues identified in this review
by opening consultations with the GOM under Section VIII.D.4 of the CVD
Agreement.
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\
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\1\ See Agreement Suspending the Countervailing Duty
Investigation on Sugar from Mexico; Preliminary Results of the 2020
Administrative Review, 87 FR 938 (January 7, 2022) (Preliminary
Results), and accompanying Preliminary Issues and Decision
Memorandum.
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On February 14, 2022, the American Sugar Coalition and its members
(petitioners) \2\ and Respondents filed case briefs, and the GOM filed
a letter in lieu of a case brief.\3\
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\2\ 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.
\3\ See Petitioners' Letter, ``Case Brief on Behalf of the
American Sugar Coalition,'' dated February 14, 2022; Respondents'
Letter, ``Case Brief'' dated February 14, 2022; and GOM's Letter,
``Letter In Lieu of Case Brief,'' dated February 14, 2022.
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On February 22, 2022, petitioners and Respondents filed rebuttal
briefs, and the GOM filed a letter in lieu of a rebuttal brief.\4\
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\4\ See Petitioners' Letter, ``Rebuttal Brief on Behalf of the
American Sugar Coalition,'' dated February 22, 2022; Respondents'
Letter, ``Rebuttal Brief,'' dated February 22, 2022; and GOM's
Letter, ``Letter In Lieu of Rebuttal Brief,'' dated February 22,
2022.
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Scope of the CVD Agreement
The product covered by this CVD Agreement is raw and refined sugar
of all polarimeter readings derived from sugar cane or sugar beets.
Merchandise covered by this CVD Agreement is typically imported under
the following headings of the HTSUS: 1701.12.1000, 1701.12.5000,
1701.13.1000, 1701.13.5000, 1701.14.1020, 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 CVD Agreement is dispositive.\6\
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\5\ Prior to July 1, 2016, merchandise covered by the CVD
Agreement was classified in the HTSUS under subheading 1701.99.1010.
Prior to January 1, 2020, merchandise covered by the CVD 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 CVD
Agreement, see Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2020 Administrative Review of the Agreement
Suspending the Countervailing 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 determine that the CVD Agreement met the
statutory requirements under sections 704(c) and (d) of the Act, during
the POR. We also continue to find, based on record evidence, that the
GOM and Respondents, Grupo Del Tropico and Grupo Porres, were in
compliance with the terms of the CVD Agreement during the POR, except
for certain instances of inconsequential non-compliance. During the
review, Commerce identified issues related to recordkeeping and certain
complex transactions referred to as ``swap transactions.'' We intend to
consult with the GOM under Section VIII.D.4 of the CVD Agreement
(``Operations Consultations'') to ensure compliance with the CVD
Agreement. Such consultations are necessary to demonstrate adherence to
the statutory requirements of the CVD 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
[[Page 40178]]
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; Memorandum, ``Final
Results Analysis of Proprietary Information in the 2020
Administrative Review of the Agreement Suspending the Countervailing
Duty Investigation on Sugar from Mexico, as Amended,'' 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 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. Alleged Violations and Consultations with the GOM
2. Allocation Reduction
3. Swap Transactions
V. Recommendation
[FR Doc. 2022-14282 Filed 7-5-22; 8:45 am]
BILLING CODE 3510-DS-P
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