Notice2025-18223
Sugar From Mexico: Continuation of Suspension of the Countervailing Duty Investigation
Primary source
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Published
September 19, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
As a result of determinations by the U.S. Department of Commerce (Commerce) that the termination of the Agreement Suspending the Countervailing Duty Investigation on Sugar from Mexico, as amended (CVD Agreement), and the suspended countervailing duty (CVD) investigation would be likely to lead to continuation or recurrence of a countervailable subsidy, and by the U.S. International Trade Commission (ITC) that termination of the suspended investigation would be likely lead to continuation or recurrence of material injury to an industry in the United States, Commerce is publishing this notice of continuation of the CVD Agreement.
Full Text
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<title>Federal Register, Volume 90 Issue 180 (Friday, September 19, 2025)</title>
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[Federal Register Volume 90, Number 180 (Friday, September 19, 2025)]
[Notices]
[Pages 45189-45190]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-18223]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-201-846]
Sugar From Mexico: Continuation of Suspension of the
Countervailing Duty Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of determinations by the U.S. Department of
Commerce (Commerce) that the termination of the Agreement Suspending
the Countervailing Duty Investigation on Sugar from Mexico, as amended
(CVD Agreement), and the suspended countervailing duty (CVD)
investigation would be likely to lead to continuation or recurrence of
a countervailable subsidy, and by the U.S. International Trade
Commission (ITC) that termination of the suspended investigation would
be likely lead to continuation or recurrence of material injury to an
industry in the United States, Commerce is publishing this notice of
continuation of the CVD Agreement.
DATES: Applicable September 9, 2025.
FOR FURTHER INFORMATION CONTACT: Sally C. Gannon or Samantha Fino,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-0162 or (202) 482-2861, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 19, 2014, Commerce and the Government of Mexico signed
the CVD Agreement.\1\ On March 3, 2025, the ITC instituted,\2\ and
Commerce initiated,\3\ the second sunset review of the CVD Agreement
and the suspended CVD investigation on Sugar from Mexico, pursuant to
section 751(c) of the Tariff Act of 1930, as amended (the Act). As a
result of its review, Commerce determined that termination of the CVD
Agreement and the suspended CVD investigation on Sugar from Mexico
would likely lead to a continuation or recurrence of a countervailable
subsidy and, therefore, notified the ITC of the net countervailable
subsidy rates likely to prevail should the CVD Agreement be
terminated.\4\
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\1\ See Sugar from Mexico: Suspension of Countervailing Duty
Investigation, 79 FR 78044 (December 29, 2014); see also Sugar from
Mexico: Amendment to the Agreement Suspending the Countervailing
Duty Investigation, 85 FR 3613 (January 22, 2020).
\2\ See Sugar from Mexico; Institution of Five-Year Reviews,
Investigation Nos. 701-TA-513 and 731-TA-1249 (Second Review), 90 FR
11062 (March 3, 2025).
\3\ See Initiation of Five-Year (Sunset) Reviews, 90 FR 11039
(March 3, 2025).
\4\ See Sugar From Mexico: Final Results of the Expedited Second
Sunset Review of the Agreement Suspending the Countervailing Duty
Investigation, 90 FR 30051 (July 8, 2025), and accompanying Issues
and Decision Memorandum.
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On September 9, 2025, pursuant to section 751(c) of the Act, the
ITC published its determination that termination of the suspended CVD
investigation on Sugar from Mexico would be likely to lead to
continuation or recurrence of material injury to an industry in the
United States within a reasonably foreseeable time.\5\
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\5\ See Sugar from Mexico; Determinations, Investigation No.
701-TA-513 and 731-TA-1249 (Second Review), 90 FR 43474 (September
9, 2025) (ITC Final Determination).
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Scope of the CVD Agreement
The merchandise subject to the CVD Agreement is raw and refined
sugar of all polarimeter readings derived from sugar cane or sugar
beets. The chemical sucrose gives sugar its essential character.
Sucrose is a nonreducing disaccharide composed of glucose and fructose
linked by a glycosidic bond via their anomeric carbons. The molecular
formula for sucrose is C12H22O11; the International Union of Pure and
Applied Chemistry (IUPAC) International Chemical Identifier (InChl) for
sucrose is 1S/C12H22O11/c13-l-4-6(16)8(18)9(19)11(21-4)23-12(3-
15)10(20)7(17) 5(2-14)22-12/h4-11,13-20H,1-3H2/t4-,5-,6-,7-,8+,9-
,10+,11-,12+/m1/s1; the InChl Key for sucrose is CZMRCDWAGMRECN-
UGDNZRGBSA-N; the U.S. National Institutes of Health PubChem Compound
Identifier (CID) for sucrose is 5988; and the Chemical Abstracts
Service (CAS) Number of sucrose is 57-50-1.
Sugar described in the previous paragraph includes products of all
polarimeter readings described in various forms, such as raw sugar,
estandar or standard sugar, high polarity or semi-refined sugar,
special white sugar, refined sugar, brown sugar, edible molasses, de-
sugaring molasses, organic raw sugar, and organic refined sugar. Other
sugar products, such as powdered sugar, colored sugar, flavored sugar,
and liquids and syrups that contain 95 percent or more sugar by dry
weight are also within the scope of this CVD Agreement.
The scope of the CVD Agreement does not include (1) sugar imported
under the Refined Sugar Re-Export Programs of the U.S. Department of
Agriculture; \6\ (2) sugar products produced in Mexico that contain 95
percent or more sugar by dry weight that originated outside of Mexico
(3) inedible molasses (other than inedible desugaring molasses noted
above); (4) beverages; (5) candy; (6) certain specialty sugars; (7) and
processed food products that contain sugar (e.g., cereals). Specialty
sugars excluded from the scope of this CVD Agreement are limited to the
following: Caramelized slab sugar candy, pearl sugar, rock candy,
dragees for cooking and baking, fondant, golden syrup, and sugar
decorations.
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\6\ This exclusion applies to sugar imported under the Refined
Sugar Re-Export Program, the Sugar-Containing Products Re-Export
Program, and the Polyhydric Alcohol Program administered by the U.S.
Department of Agriculture.
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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.\7\ 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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\7\ 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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[[Page 45190]]
Continuation of Suspension of Investigation
As a result of the respective determinations by Commerce and the
ITC that termination of the CVD Agreement and the suspended CVD
investigation would be likely to lead to continuation or recurrence of
countervailable subsidies, and material injury to an industry in the
United States, pursuant to section 751(d)(2) of the Act, Commerce
hereby orders the continuation of the CVD Agreement. The effective date
of continuation of the CVD Agreement will be September 9, 2025.\8\
Pursuant to section 751(c)(2) of the Act and 19 CFR 351.218(c)(2),
Commerce intends to initiate the next five-year review of the CVD
Agreement not later than 30 days prior to the fifth anniversary of the
date of the last determination by the ITC.
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\8\ See ITC Final Determination.
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Administrative Protective Order (APO)
This notice also serves as a final reminder to parties subject to
an APO concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. 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 violation which is subject to sanction.
Notification to Interested Parties
This five-year (sunset) review and notice are in accordance with
section 751(c) and 751(d)(2) of the Act, and published pursuant to
section 777(i) of the Act and 19 CFR 351.218(f)(4).
Dated: September 16, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2025-18223 Filed 9-18-25; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 19, 2025.
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