[Federal Register Volume 85, Number 67 (Tuesday, April 7, 2020)]
[Notices]
[Pages 19438-19439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07199]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-845]
Sugar From Mexico: Final Results of the Expedited First Sunset
Review of the Agreement Suspending the Antidumping Duty Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of this sunset review, the Department of Commerce
(Commerce) finds that termination of the Agreement Suspending the
Antidumping Duty Investigation on Sugar from Mexico (Agreement) and the
suspended antidumping duty (AD) investigation would be likely to lead
to the continuation or recurrence of dumping at the levels indicated in
the ``Final Results of Sunset Reviews'' section of this notice. The
magnitude of the dumping margin likely to prevail is indicated in the
``Final Results of Review'' section of this notice.
DATES: Applicable April 7, 2020.
FOR FURTHER INFORMATION CONTACT: Sally C. Gannon, Bilateral Agreements,
Office of Policy, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0162.
SUPPLEMENTARY INFORMATION:
Background
On December 3, 2019, Commerce published the notice of initiation of
the first sunset review of the agreement suspending the antidumping
investigation on sugar from Mexico, pursuant to section 751(c)(2) of
the Tariff Act of 1930, as amended (the Act).\1\ We received notice of
intent to participate in the review from the following parties, both
domestic interested parties: Imperial Sugar Company and the American
Sugar Coalition (``ASC'').\2\ Commerce received complete substantive
responses from the domestic interested parties within the 30-day
deadline specified in 19 CFR 351.218(d)(3)(i).\3\ We rejected untimely
submissions filed by Sweetener Users Association (SUA) on January 21,
2020 and January 23, 2020.\4\ We received no substantive responses from
any other interested parties, nor was a hearing requested. As a result,
pursuant to section 751(c)(3)(B) of the Act and 19 CFR
351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited (120-day)
sunset review of the Agreement and suspended investigation.\5\
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\1\ See Initiation of Five-Year (Sunset) Reviews, 84 FR 58687
(November 1, 2019); Initiation of Five-Year (Sunset) Review;
Correction, 84 FR 66153 (December 3, 2019).
\2\ See Letter, ``Sugar from Mexico: Notice of Intent to
Participate'', dated December 18, 2019; Letter, ``Sugar from Mexico,
Case Nos. C-201-846 and A-201-845 (Five-Year Sunset Reviews): Notice
of Intent to Participate'', dated December 18, 2019.
\3\ See Letter, American Sugar Coalition, ``Sugar from Mexico:
Substantive Response to Notice of Initiation of Five-Year (Sunset)
Reviews of the Antidumping and Countervailing Duty Suspension
Agreements,'' dated January 2, 2020; Letter, ``Sugar from Mexico:
Substantive Response of the Imperial Sugar Company to Commerce's
Notice of Initiation of Five-Year (``Sunset'') Reviews'', dated
January 2, 2020.
\4\ See Letter to Wilbur Ross, Secretary of Commerce, from
Sweetener Users Association. re: ``Sugar from Mexico'' (January 21,
2020); Letter to Wilbur Ross, Secretary of Commerce, from Sweetener
Users Association, re: ``Sugar from Mexico'' (January 23, 2020);
Letter, ``Rejection on January 21 and January 23 Filings'', dated
February 5, 2020.
\5\ See Letter, ``Sunset Reviews Initiated on December 2,
2019'', dated January 22, 2020.
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Scope of the Agreement
The merchandise subject to the 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
[[Page 19439]]
Abstracts Service (CAS) Number of sucrose is 57-50-1.
Sugar 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 Agreement. Merchandise covered by this Agreement is
typically imported under the following headings of the HTSUS:
1701.12.1000, 1701.12.5000, 1701.13.1000, 1701.13.5000, 1701.14.1000,
1701.14.5000, 1701.91.1000, 1701.91.3000, 1701.99.1010, 1701.99.1025,
1701.99.1050, 1701.99.5010, 1701.99.5025, 1701.99.5050, and
1702.90.4000.
The scope of the Agreement excludes sugar imported under the
Refined Sugar Re-Export Programs of the U.S. Department of Agriculture,
sugar products produced in Mexico that contain 95 percent or more sugar
by dry weight that originated outside of Mexico, inedible molasses
(other than inedible desugaring molasses noted above), beverages,
candy, certain specialty sugars, and processed food products that
contain sugar (e.g., cereals). Specialty sugars excluded from the scope
of this 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.\6\
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\6\ See Sugar from Mexico: Suspension of Antidumping
Investigation, 79 FR 78039 (December 29, 2014).
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Analysis of Comments Received
All issues raised in this sunset review, including the likelihood
of continuation or recurrence of dumping in the event of the
termination of the Agreement and suspended investigation, and the
magnitude of the margins likely to prevail, are addressed in the
accompanying Issues and Decision Memorandum.\7\ 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 http://access.trade.gov and to all parties in the
Central Records Unit, Room B8024 of the main Commerce building. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly on the internet at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Issues and Decision
Memorandum are identical in content.
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\7\ See Memorandum, ``Issues and Decision Memorandum for the
Expedited First Sunset Review of the Agreement Suspending the
Antidumping Investigation on Sugar from Mexico,'' dated concurrently
with, and hereby adopted by, this notice (Issues and Decision
Memorandum).
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Final Results of Sunset Review
Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, we
determine that termination of the Agreement and suspended antidumping
investigation on sugar from Mexico is likely to lead to the
continuation or recurrence of dumping, and that the magnitude of the
dumping margins likely to prevail would be weighted-average dumping
margins up to 42.14.\8\
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\8\ See Sugar from Mexico: Final Determination of Sales at Less
than Fair Value, 80 FR 57341 (September 23, 2015).
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Administrative Protective Order (APO)
This notice serves as the only reminder to parties subject to an
APO of their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305. Timely 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
We are issuing and publishing these final results and notice in
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and
19 CFR 351.218.
Dated: March 31, 2020.
Jeffrey I. Kessler,
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 Orders
IV. History of the Orders
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or Recurrence of Dumping
2. Magnitude of the Margins Likely To Prevail
VII. Final Results of Reviews
VIII. Recommendation
[FR Doc. 2020-07199 Filed 4-6-20; 8:45 am]
BILLING CODE 3510-DS-P