Notice2023-14503
Agreement Suspending the Antidumping Duty Investigation on Sugar From Mexico: Final Results of the 2020-2021 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 10, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that the Agreement Suspending the Antidumping Duty Investigation on Sugar from Mexico, as amended (AD Agreement) met the statutory requirements during the period of review (POR) from December 1, 2020, through November 30, 2021. Commerce also determines that the respondents 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. and its affiliates (Tamazula) (collectively, respondents) were in compliance with the terms of the AD Agreement during the POR. However, we determine that the respondents did not comply with the requirement to eliminate at least 85 percent of the dumping found in the investigation during the POR. Furthermore, we consider the respondents' noncompliant behavior to be serious and in need of remediation, and we will implement certain steps to address their noncompliance.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 130 (Monday, July 10, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 130 (Monday, July 10, 2023)]
[Notices]
[Pages 43546-43548]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-14503]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-845]
Agreement Suspending the Antidumping Duty Investigation on Sugar
From Mexico: Final Results of the 2020-2021 Administrative Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that the
Agreement Suspending the Antidumping Duty Investigation on Sugar from
Mexico, as amended (AD Agreement) met the statutory requirements during
the period of review (POR) from December 1, 2020, through November 30,
2021. Commerce also determines that the respondents selected for
individual examination, Ingenio Tala S.A. de C.V. and its
[[Page 43547]]
affiliates (collectively, GAM Group) and Ingenio Tamazula S.A. de C.V.
and its affiliates (Tamazula) (collectively, respondents) were in
compliance with the terms of the AD Agreement during the POR. However,
we determine that the respondents did not comply with the requirement
to eliminate at least 85 percent of the dumping found in the
investigation during the POR. Furthermore, we consider the respondents'
noncompliant behavior to be serious and in need of remediation, and we
will implement certain steps to address their noncompliance.
DATES: Applicable July 10, 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
On January 4, 2023, Commerce published the preliminary results of
this administrative review.\1\ Subsequent to the Preliminary Results,
Tamazula submitted its response to Commerce's third supplemental
questionnaire on January 11, 2023.\2\ On January 18, 2023, the GAM
Group submitted its third supplemental questionnaire response.\3\ On
March 29, 2023, Commerce issued post-preliminary results.\4\ Commerce
conducted verification from May 8 through 11, 2023.\5\
---------------------------------------------------------------------------
\1\ See Agreement Suspending the Antidumping Duty Investigation
on Sugar from Mexico; Preliminary Results of the 2020-2021
Administrative Review, 88 FR 339 (January 4, 2023) (Preliminary
Results).
\2\ See Tamazula's Letter, ``Third Supplemental Questionnaire
Response,'' dated January 11, 2023.
\3\ See GAM Group's Letter, ``Third Supplemental Questionnaire
Response,'' dated January 18, 2023.
\4\ See Memorandum, ``Decision Memorandum for the Post-
Preliminary Results of the 2020-2021 Administrative Review: Sugar
from Mexico,'' dated March 29, 2023 (Post-Preliminary Results).
\5\ 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 May 31, 2023; see also 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 May 31, 2023.
---------------------------------------------------------------------------
On June 13, 2023, respondents and C[aacute]mara Nacional de Las
Industrias Azucarera y Alcoholera (C[aacute]mara) filed a case
brief,\6\ and the American Sugar Coalition and its members
(petitioners) \7\ filed a case brief.\8\ On June 20, 2023, petitioners
filed a rebuttal brief,\9\ and respondents filed a letter in lieu of
rebuttal brief.\10\
---------------------------------------------------------------------------
\6\ See Respondents' Letter, ``Case Brief,'' dated June 13,
2023.
\7\ 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.
\8\ See Petitioners' Letter, ``Case Brief on Behalf of the
American Sugar Coalition,'' dated June 13, 2023.
\9\ See Petitioners' Letter, ``Rebuttal Brief on Behalf of the
American Sugar Coalition,'' dated June 20, 2023.
\10\ See Respondents' Letter, ``Letter in Lieu of Rebuttal
Brief,'' dated June 20, 2023.
---------------------------------------------------------------------------
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.\11\ The tariff classification is provided for
convenience and customs purposes; however, the written description of
the scope of this AD Agreement is dispositive.
---------------------------------------------------------------------------
\11\ 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.
---------------------------------------------------------------------------
A full description of the scope of the AD Agreement is contained in
the Issues and Decision Memorandum.\12\
---------------------------------------------------------------------------
\12\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2020-2021 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).
---------------------------------------------------------------------------
Analysis
Commerce continues to find, based on record evidence, that
respondents, the GAM Group and Tamazula, were generally in compliance
with the terms of the AD Agreement during the POR. However, we continue
to find that respondents did not comply with the requirement to
eliminate at least 85 percent of the dumping during the POR. We also
determine 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.
We intend to address what we have found to be serious noncompliance
by respondents with an ``action plan'' first outlined in the Post-
Preliminary Results, with the exception of verification of the
respondents' questionnaire responses which has been completed.
Commerce's next steps will include: formal consultations with the
Signatories to the AD Agreement under Section VII.E.2 (Operations
Consultations); additional monitoring of the respondents; and
consideration of the selection of the respondents in a future
administrative review. These measures are necessary to ensure
compliance with the AD 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 and business
proprietary memoranda.\13\ 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>.
---------------------------------------------------------------------------
\13\ Id.; see also Memorandum, ``Proprietary Analysis Memorandum
for the Final Results: Ingenio Tala S.A. de C.V. and its
affiliates,'' dated concurrently with, and hereby adopted by, this
notice; and Memorandum, ``Proprietary Analysis Memorandum for the
Final Results: Ingenio Tamazula S.A. de C.V. and its affiliates,''
dated concurrently with, and hereby adopted by, this notice.
---------------------------------------------------------------------------
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
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).
[[Page 43548]]
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: Whether Commerce Should Use Average-to-Average
Methodology for Analysis of Elimination of 85 Percent of Dumping
Comment 2: Whether Commerce Should Apply the Sales-Below-Cost
Test
Comment 3: Whether Commerce Should Use Market-Based Costs for
Sugar Cane
Comment 4: Whether Commerce Should Use Third-Country Sales as
the Basis for Normal Value for the GAM Group
Comment 5: Whether the GAM Group's Noncompliance Was
Unintentional
Comment 6: Whether Swap Transactions Present Monitoring and
Record-Keeping Challenges
Comment 7: Whether Commerce Incorrectly Applied the Knowledge
Test to Certain of the GAM Group's U.S. Sales
V. Recommendation
[FR Doc. 2023-14503 Filed 7-7-23; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on July 10, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.