Notice2025-23327
Agreement Suspending the Antidumping Duty Investigation on Sugar From Mexico: Final Results of the 2022-2023 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
December 19, 2025
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, 2022, through November 30, 2023. Commerce also determines that the respondents selected for individual examination, Azucarera San Jose De Abajo S.A. (San Jose) and Santa Rosalia de la Chontalpa, S.A. de C.V., and its affiliates (Santa Rosalia; collectively, Grupo BSM), were generally in compliance with the terms of the AD Agreement during the POR. However, we determine that Grupo BSM 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 the noncompliance.
Full Text
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<title>Federal Register, Volume 90 Issue 242 (Friday, December 19, 2025)</title>
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[Federal Register Volume 90, Number 242 (Friday, December 19, 2025)]
[Notices]
[Pages 59505-59506]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-23327]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-845]
Agreement Suspending the Antidumping Duty Investigation on Sugar
From Mexico: Final Results of the 2022-2023 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, 2022, through November 30,
2023. Commerce also determines that the respondents selected for
individual examination, Azucarera San Jose De Abajo S.A. (San Jose) and
Santa Rosalia de la Chontalpa, S.A. de C.V., and its affiliates (Santa
Rosalia; collectively, Grupo BSM), were generally in compliance with
the terms of the AD Agreement during the POR. However, we determine
that Grupo BSM 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 the noncompliance.
DATES: Applicable December 19, 2025.
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 April 7, 2025, Commerce published the Preliminary Results of
this administrative review.\1\
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\1\ See Agreement Suspending the Antidumping Duty Investigation
on Sugar From Mexico: Preliminary Results of the 2022-2023
Administrative Review, 90 FR 15434 (April 11, 2025) (Preliminary
Results).
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Pursuant to section 782(i) of the Tariff Act of 1930, as amended
(the Act), and 19 CFR 351.307(b), we conducted verification of the
questionnaire responses of Grupo BSM from June 23, 2025, through June
26, 2025.\2\
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\2\ See Memorandum, ``Verification of the Responses of Santa
Rosalia and its Affiliates in the Administrative Review of the
Agreement Suspending the Antidumping Duty Investigation on Sugar
from Mexico,'' dated September 8, 2025.
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On September 17, 2025, the American Sugar Coalition and its members
(collectively, petitioners) filed a case brief,\3\ as did one
respondent, Grupo BSM.\4\ On September 22, 2025, petitioners filed a
rebuttal brief,\5\ while Grupo BSM and San Jose issued a joint rebuttal
brief.\6\
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\3\ See Petitioners' Letter, ``Case Brief on Behalf of the
American Sugar Coalition,'' dated September 17, 2025.
\4\ See Grupo BSM's Letter, ``Case Brief,'' dated September 17,
2025.
\5\ See Petitioners' Letter, ``Rebuttal Brief on Behalf of the
America Sugar Coalition,'' dated September 22, 2025.
\6\ See Respondents' Letter, ``Rebuttal Brief,'' dated September
22, 2025.
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Due to the lapse in appropriations and Federal Government shutdown,
on November 14, 2025, Commerce tolled all deadlines in administrative
proceedings by 47 days.\7\ Additionally, due to a backlog of documents
that were electronically filed via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS) during the Federal Government shutdown, on November 24,
2025, Commerce tolled all deadlines in administrative proceedings by an
[[Page 59506]]
additional 21 days.\8\ Accordingly, the deadline for these final
results is now December 15, 2025.
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\7\ See Memorandum, ``Deadlines Affected by the Shutdown of the
Federal Government,'' dated November 14, 2025.
\8\ See Memorandum, ``Tolling of all Case Deadlines,'' dated
November 24, 2025.
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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.\9\ The tariff classification is provided for
convenience and customs purposes; however, the written description of
the scope of this AD Agreement is dispositive.
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\9\ 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.
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A full description of the scope of the AD Agreement is contained in
the Issues and Decision Memorandum.\10\
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\10\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2022-2023 Administrative Review of the
Agreement Suspending the Antidumping Duty Investigation on Sugar
from Mexico,'' dated concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
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Analysis
Commerce continues to determine that, based on record evidence, the
respondents were generally in compliance with the AD Agreement and that
the AD Agreement met the statutory requirements under sections 734(c)
and (d) of the Act during the POR. However, we continue to determine
that Grupo BSM did not comply with the requirement to eliminate at
least 85 percent of the dumping found in the investigation for both
Refined and Other Sugar sales during the POR. Furthermore, we continue
to consider Grupo BSM's noncompliant behavior to be serious and in need
of remediation for its Other Sugar sales.
We intend to address what we have found to be serious noncompliance
by Grupo BSM with an ``action plan'' first outlined in the Preliminary
Results, with the exception of verification of Grupo BSM's
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 Grupo BSM; and consideration of the selection of Grupo
BSM 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 memorandum.\11\ 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="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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\11\ Id.; see also Memorandum, ``Proprietary Analysis Memorandum
for the Final Results: Santa Rosalia de la Chontalpa, S.A. de C.V.,
and its Affiliates,'' dated concurrently with, and hereby adopted
by, this notice.
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Notification Regarding Administrative Protective Order (APO)
This notice also serves as a reminder to parties subject to 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: December 15, 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.
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
1. Whether Commerce Should Exclude Certain Sales of Refined
Sugar from Its Normal Value Calculation
2. Whether Commerce Should Use Net Realizable Value to Calculate
the Cost of Sugar Cane
3. Whether Commerce Should Continue to Include Certain Sales in
the Calculation of Normal Value
4. Commerce's Intent to Hold Consultations Regarding Parties'
Obligations under the AD Agreement
V. Recommendation
[FR Doc. 2025-23327 Filed 12-18-25; 8:45 am]
BILLING CODE 3510-DS-P
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