Notice2022-28551
Agreement Suspending the Antidumping Duty Investigation on Sugar From Mexico: Preliminary Results of the 2020-2021 Administrative Review and Postponement of Final Results
Primary source
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Published
January 4, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that the respondents selected for individual examination, respectively, Ingenio Tala S.A. de C.V. and Ingenio Tamazula S.A. de C.V. (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 December 1, 2020, through November 30, 2021. Commerce also preliminarily determines that the AD Agreement met the applicable statutory requirements during the POR.
Full Text
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<title>Federal Register, Volume 88 Issue 2 (Wednesday, January 4, 2023)</title>
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[Federal Register Volume 88, Number 2 (Wednesday, January 4, 2023)]
[Notices]
[Pages 339-340]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-28551]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-845]
Agreement Suspending the Antidumping Duty Investigation on Sugar
From Mexico: Preliminary Results of the 2020-2021 Administrative Review
and Postponement of Final Results
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that the respondents selected for individual examination,
respectively, Ingenio Tala S.A. de C.V. and Ingenio Tamazula S.A. de
C.V. (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 December 1, 2020, through November 30, 2021. Commerce also
preliminarily determines that the AD Agreement met the applicable
statutory requirements during the POR.
DATES: Applicable January 4, 2023.
FOR FURTHER INFORMATION CONTACT: Sally C. Gannon or Jill Buckles,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-0162 or (202) 482-6230, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce and Mexican producers/exporters accounting for
substantially all imports of sugar from Mexico signed the AD Agreement
under section 734(c) of the Tariff Act of 1930, as amended (the Act),
which suspended the underlying antidumping duty investigation, on
December 19, 2014, and which was subsequently amended on January 15,
2020.\1\
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\1\ See Sugar from Mexico: Suspension of Antidumping
Investigation, 79 FR 78039 (December 29, 2014); see also Sugar from
Mexico: Amendment to the Agreement Suspending the Antidumping Duty
Investigation, 85 FR 3620 (January 22, 2020) (collectively, AD
Agreement).
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On December 23, 2021, the American Sugar Coalition and its members
(the petitioners) \2\ filed a timely request for an administrative
review of the AD Agreement.\3\ On February 4, 2022, Commerce initiated
an administrative review for the period December 1, 2020, through
November 30, 2021.\4\
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\2\ The members of the American Sugar Coalition are: 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, ``Request for Administrative
Review,'' dated December 23, 2021.
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 6487 (February 4, 2022).
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On March 15, 2022, Commerce selected two companies as mandatory
respondents, listed in alphabetical order: Ingenio Tala S.A. de C.V.
and Ingenio Tamazula S.A. de C.V.\5\
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\5\ See Memorandum, ``Respondent Selection,'' dated March 15,
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.\6\ The tariff classification is provided for
convenience and customs purposes; however, the written description of
the scope of this AD Agreement is dispositive.\7\
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\6\ Prior to July 1, 2016, merchandise covered by the AD
Agreement was also classified in the HTSUS under subheading
1701.99.1010. Prior to January 1, 2020, merchandise covered by the
AD Agreement was also classified in the HTSUS under subheadings
1701.14.1000 and 1701.99.5010.
\7\ For a complete description of the Scope of the AD Agreement,
see Memorandum, ``Decision Memorandum for the Preliminary Results of
the 2020-2021 Administrative Review: Sugar from Mexico,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Methodology and Preliminary Results
Commerce has conducted this review in accordance with section
751(a)(1)(C) of the Act, which specifies that Commerce shall ``review
the current status of, and compliance with, any agreement by reason of
which an investigation was suspended.'' Pursuant to the AD Agreement,
each signatory producer/exporter individually agrees that it will not
sell subject merchandise at prices less than the reference prices
established in Appendix I to the AD Agreement.\8\ Each signatory
producer/exporter also individually agrees that for each entry the
amount by which the estimated normal value exceeds the export price (or
the constructed export price) will not exceed 15 percent of the
weighted average amount by which the estimated normal value exceeded
the export price (or constructed export price) for all less-than-fair-
value entries of the producer/exporter examined during the course of
the investigation.\9\ The signatory producers/exporters also
individually agree to provide documentation upon request from Commerce
\10\ and provide certifications each quarter \11\ to allow Commerce to
monitor the AD Agreement. In addition, the signatory producers/
exporters agree to incorporate into their sales contracts with
Intermediary Customers \12\ the obligation that such customers will
abide by the terms of the AD Agreement.\13\ Lastly, the signatory
producers/exporters agree to ensure that Other Sugar \14\ is tested for
polarity by a laboratory approved by CBP upon entry into the United
States and that the importers of record report the polarity
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test results for each entry to Commerce within 30 days of entry.\15\
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\8\ See AD Agreement at Section VI and Appendix I.
\9\ Id. at Section VI.
\10\ Id. at Sections VII.B.1, VII.B.2, and VII.B.4.
\11\ Id. at Section VII.C.4.
\12\ ``Intermediary Customer'' is defined in Section II.N of the
AD Agreement.
\13\ See AD Agreement at Section VII.C.5.
\14\ ``Other Sugar'' is defined Section II.F of the AD
Agreement.
\15\ See AD Agreement at Section VII.C.6.
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After reviewing the information received to date from the
respondent companies in their questionnaire and supplemental
questionnaire responses, we preliminarily determine that the
respondents have adhered to the terms of the AD Agreement and that the
AD Agreement is functioning as intended. Further, we preliminarily
determine that the AD Agreement continues to meet the statutory
requirements under sections 734(c) and (d) of the Act.
We were not able to complete our review of one aspect of the AD
Agreement, the requirement in Section VI to eliminate at least 85
percent of the dumping found in the investigation, and we therefore
intend to address this issue in a post-preliminary analysis. Due to the
complex nature of the issue, we find that we require additional time
and information in order to complete our examination. Therefore, we
will continue our examination after the issuance of these preliminary
results as to whether the respondents complied with the requirement to
eliminate at least 85 percent of the dumping found in the investigation
during the POR, and we intend to issue a post-preliminary analysis
addressing the issue as soon as practicable.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. The Preliminary
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="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>. Commerce
also addresses one issue, which requires discussion of business
proprietary information, in a separate memorandum which we incorporate
into the Preliminary Decision Memorandum.\16\
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\16\ See Preliminary Decision Memorandum at 6 and fn. 44.
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Verification
As provided in section 782(i) of the Act, Commerce may verify the
information relied upon in making its final results. Normally, Commerce
verifies information using standard procedures, including an on-site
examination of original accounting, financial, and sales documentation.
While we consider the possibility of conducting an on-site verification
for the information submitted by the respondents, we may also need to
verify the information relied upon in making the final results through
alternative means in lieu of an on-site verification. Commerce intends
to notify parties of its verification procedures, as applicable.
Public Comment
Commerce intends to issue a post-preliminary analysis memorandum
subsequent to the publication of this notice to address the issue of
compliance with the requirement to eliminate at least 85 percent of the
dumping found in the investigation. Case briefs may be submitted no
later than seven days after the date on which the last final
verification report is issued in this review. Rebuttal briefs, limited
to issues raised in case briefs, may be submitted no later than seven
days after the deadline date for case briefs.\17\ Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal
briefs in this investigation are encouraged to submit with each
argument: (1) a statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.\18\ All briefs must be filed
electronically using ACCESS. An electronically filed document must be
received successfully in its entirety by the established deadline. Note
that Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
further notice.\19\
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\17\ See 19 CFR 351.309(d)(1); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19; Extension of Effective
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
\18\ See 19 CFR 351.309(c)(2) and (d)(2).
\19\ See Temporary Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce within 30 days
after the date of publication of this notice.\20\ Requests should
contain the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. Issues raised in the hearing will be
limited to those raised in the respective case and rebuttal briefs. If
a request for a hearing is made, Commerce intends to hold the hearing
at a time and date to be determined. Parties should confirm by
telephone the date, time, and location of the hearing two days before
the scheduled date.
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\20\ See 19 CFR 351.310(c).
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Postponement of Final Results
Section 751(a)(3)(A) of the Act, requires Commerce to complete the
final results of an administrative review within 120 days after the
date on which the preliminary results are published. If it is not
practicable to complete the review within this time period, section
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(2) allow Commerce to
extend the time limit for the final results to a maximum of 180 days
after the date on which the preliminary results are published. We
determine that it is not practicable to complete the final results of
this administrative review within 120 days from the date of publication
of these preliminary results. Commerce requires additional time to
analyze supplemental questionnaire responses and submissions of factual
information, complete our examination, issue our post-preliminary
analysis, potentially conduct verification of questionnaire responses,
and allow for case briefs and rebuttal briefs on our preliminary and
post-preliminary results. Accordingly, Commerce is extending the
deadline for the final results of this administrative review by 60
days. The final results of the review will now be due no later than 180
days from the date of publication of these preliminary results.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: December 27, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Agreement
IV. Preliminary Results of Review
V. Discussion of the Issues
VI. Recommendation
[FR Doc. 2022-28551 Filed 1-3-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on January 4, 2023.
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