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Notice2023-14501

Agreement Suspending the Countervailing Duty Investigation on Sugar From Mexico: Final Results of the 2021 Administrative Review

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Published
July 10, 2023

Issuing agencies

Commerce DepartmentInternational Trade Administration

Abstract

The U.S. Department of Commerce (Commerce) determines that the Government of Mexico (GOM) and the respondent companies selected for individual examination, Ingenio Tala S.A. de C.V. and its affiliates (collectively, GAM Group) and Ingenio Tamazula S.A. de C.V. (Tamazula) (collectively, 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, 2021, through December 31, 2021. Commerce also determines that the CVD Agreement met the statutory requirements during the POR.

Full Text

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<title>Federal Register, Volume 88 Issue 130 (Monday, July 10, 2023)</title>
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[Federal Register Volume 88, Number 130 (Monday, July 10, 2023)]
[Notices]
[Pages 43552-43553]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-14501]


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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 2021 Administrative Review

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that the 
Government of Mexico (GOM) and the respondent companies selected for 
individual examination, Ingenio Tala S.A. de C.V. and its affiliates 
(collectively, GAM Group) and Ingenio Tamazula S.A. de C.V. (Tamazula) 
(collectively, respondents), were in compliance with the terms of the 
Agreement Suspending the

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Countervailing Duty Investigation on Sugar from Mexico, as amended (CVD 
Agreement), during the period of review (POR) from January 1, 2021, 
through December 31, 2021. Commerce also determines that the CVD 
Agreement met the statutory requirements during the POR.

DATES: Applicable July 10, 2023.

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 4, 2023, Commerce published the Preliminary Results of 
this administrative review.\1\ Commerce conducted verification from May 
9 to 12, 2023.\2\
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    \1\ See Agreement Suspending the Countervailing Duty 
Investigation on Sugar from Mexico; Preliminary Results of the 2021 
Administrative Review, 88 FR 341 (January 4, 2023) (Preliminary 
Results).
    \2\ See Memorandum, ``Verification of the Responses of Ingenio 
Tala S.A. de C.V. and its Affiliates in the Administrative Review of 
Sugar from Mexico,'' dated June 5, 2023; Memorandum, ``Verification 
of the Responses of Ingenio Tamazula S.A. de C.V. and its Affiliates 
in the Administrative Review of Sugar from Mexico,'' dated June 5, 
2023; and Memorandum, ``Verification of the Responses of the 
Government of Mexico in the Administrative Review of Sugar from 
Mexico,'' dated June 7, 2023.
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    On June 15, 2023, the American Sugar Coalition and its members 
(collectively, petitioners) filed a case brief,\3\ and the GOM filed a 
letter in lieu of a case brief.\4\ On June 22, 2023, respondents,\5\ 
petitioners,\6\ and the GOM \7\ each filed letters in lieu of rebuttal 
briefs.
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    \3\ See Petitioners' Letter, ``Case Brief on Behalf of the 
American Sugar Coalition,'' dated June 15, 2023.
    \4\ See GOM's Letter, ``Letter in Lieu of Case Brief,'' dated 
June 15, 2023.
    \5\ See Respondents' Letter, ``Letter in Lieu of Rebuttal 
Brief,'' dated June 22, 2023.
    \6\ See Petitioners' Letter, ``Letter in Lieu of Rebuttal 
Brief,'' dated June 22, 2023.
    \7\ See GOM's Letter, ``Letter in Lieu of Rebuttal Brief,'' 
dated June 22, 2023.
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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.\8\ The tariff classification is provided for 
convenience and customs purposes; however, the written description of 
the scope of this CVD Agreement is dispositive.
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    \8\ 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.
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    A full description of the scope of the CVD Agreement is contained 
in the Issues and Decision Memorandum.\9\
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    \9\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2021 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, the GAM Group and Tamazula, were in compliance 
with the terms of the CVD Agreement during the POR. However, we intend 
to consult with the GOM under Section VIII.D.4 of the CVD Agreement 
(``Operations Consultations'') to discuss issues raised in this review. 
Such consultations are necessary to ensure adherence to the statutory 
requirements of the CVD Agreement and 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.\10\ 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="https://access.trade.gov">https://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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    \10\ Id.
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Notification Regarding Administrative Protective Order

    This notice also serves as a final 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: July 3, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Agreement
IV. Discussion of the Issues
    Comment 1: Presentation of Export Licenses at the Time of Entry
    Comment 2: Informal Swap Transactions and the Potential for 
Circumvention
V. Recommendation

[FR Doc. 2023-14501 Filed 7-7-23; 8:45 am]
BILLING CODE 3510-DS-P


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