80_FR_57521 80 FR 57337 - Sugar From Mexico: Final Affirmative Countervailing Duty Determination

80 FR 57337 - Sugar From Mexico: Final Affirmative Countervailing Duty Determination

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 184 (September 23, 2015)

Page Range57337-57339
FR Document2015-24195

The Department of Commerce (the Department) determines that countervailable subsidies are being provided to exporters and producers of sugar from Mexico. For information on the estimated subsidy rates, see the ``Final Determination'' section of this notice.

Federal Register, Volume 80 Issue 184 (Wednesday, September 23, 2015)
[Federal Register Volume 80, Number 184 (Wednesday, September 23, 2015)]
[Notices]
[Pages 57337-57339]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-24195]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-201-846]


Sugar From Mexico: Final Affirmative Countervailing Duty 
Determination

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) determines that 
countervailable subsidies are being provided to exporters and producers 
of sugar from Mexico. For information on the estimated subsidy rates, 
see the ``Final Determination'' section of this notice.

DATES: Effective date: September 23, 2015.

FOR FURTHER INFORMATION CONTACT: Kaitlin Wojnar, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3857.

SUPPLEMENTARY INFORMATION:

Background

    The petitioner in this investigation is the American Sugar 
Coalition and its members (Petitioners).\1\ In addition to the 
Government of Mexico (GOM), the mandatory respondents in this 
investigation are Fondo de Empresas Expropiadas del Sector Azucarero 
(FEESA) and Ingenio Tala S.A. de C.V. and certain affiliated companies 
owned by Grupo Azucarero Mexico S.A. de C.V. (collectively, the GAM 
Group). The period of investigation (POI) is January 1, 2013, through 
December 31, 2013.
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    \1\ The American Sugar Coalition is comprised of the following 
individual members: American Sugar Cane League; American Sugar 
Refining, Inc.; American Sugarbeet Growers Association; Florida 
Sugar Cane League; Hawaiian Commercial and Sugar Company; Rio Grande 
Valley Sugar Growers, Inc.; Sugar Cane Growers Cooperative of 
Florida; and United States Beet Sugar Association.
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    The Department published its affirmative Preliminary Determination 
on September 2, 2014.\2\ On December

[[Page 57338]]

19, 2014, the Department and a representative of the GOM signed an 
agreement suspending this CVD investigation.\3\ Pursuant to timely 
requests for continuation filed on January 16, 2015,\4\ the Department 
published notice of continuation of the investigation on May 4, 
2015.\5\ Subsequently, on June 18, 2015, the Department issued a post-
preliminary analysis memorandum.\6\ A complete summary of the events 
that occurred since publication of the Preliminary Determination, as 
well as a full discussion of the issues raised by parties for this 
final determination, may be found in the ``Issues and Decision 
Memorandum for the Final Affirmative Determination in the 
Countervailing Duty Investigation of Sugar from Mexico'' (Issues and 
Decision Memorandum),\7\ which is dated concurrently with and hereby 
adopted by this notice. The Issues and Decision Memorandum is a public 
document and is available 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 Department's main building. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum 
and the electronic version are identical in content.
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    \2\ See Sugar from Mexico: Preliminary Affirmative 
Countervailing Duty Determination and Alignment of Final 
Countervailing Duty Determination with Final Antidumping Duty 
Determination, 79 FR 51956 (September 2, 2014) (Preliminary 
Determination).
    \3\ See Sugar from Mexico: Suspension of Countervailing Duty 
Investigation, 79 FR 78044 (December 29, 2014) (Suspension 
Agreement).
    \4\ See Letter from Imperial Sugar Company, ``Sugar from Mexico, 
Inv. Nos. A-201-845 and C-201-846--Request for Continuation of 
Investigations,'' January 16, 2015; see also Letter from AmCane 
Sugar LLC, ``Sugar from Mexico: Request for Continuation of 
Investigations,'' January 16, 2015.
    \5\ See Department Memorandum, ``Standing of Imperial Sugar and 
AmCane Sugar to Request Continuation of the AD and CVD 
Investigations on Sugar from Mexico,'' dated April 24, 2015; see 
also Sugar from Mexico: Continuation of Antidumping and 
Countervailing Duty Investigations, 80 FR 25278 (May 4, 2015).
    \6\ See Department Memorandum, ``Countervailing Duty 
Investigation of Sugar from Mexico: Post-Preliminary Analysis,'' 
June 18, 2015.
    \7\ See Department Memorandum, ``Issues and Decision Memorandum 
for the Final Affirmative Determination in the Countervailing Duty 
Investigation of Sugar from Mexico,'' September 16, 2015.
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Scope of the Investigation

    The product covered by this investigation is sugar from Mexico. 
Since the Preliminary Determination, the Department has updated the 
scope of the investigation. For a discussion of these changes, see the 
``Scope Comments'' section of the Issues and Decision Memorandum and, 
for a complete description of the scope, see Appendix I to this notice.

Analysis of Subsidy Programs and Comments Received

    The subsidy programs under investigation and the issues raised in 
the case briefs and rebuttal briefs submitted by interested parties in 
this proceeding are discussed in the Issues and Decision Memorandum. A 
list of the issues raised by parties and responded to by the Department 
in the Issues and Decision Memorandum is attached at Appendix II to 
this notice.

Changes to the Preliminary Determination

    Based on our analysis of the comments received and our findings at 
verification, we made certain changes to the respondents' subsidy rate 
calculations since the Preliminary Determination and our post-
preliminary analysis. These changes are discussed in the ``Analysis of 
Programs'' section of the Issues and Decision Memorandum. As discussed 
in the Issues and Decision Memorandum, for purposes of this final 
determination, the Department relied, in part, on facts available when 
necessary information was not available on the record.\8\
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    \8\ See section 776(a) of the Act.
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Final Determination

    In accordance with 705(c)(1)(B)(i)(1) of the Tariff Act of 1930, as 
amended (the Act), the Department calculated a countervailable subsidy 
rate for each individually investigated exporter/producer of the 
subject merchandise. Consistent with sections 705(c)(1)(B)(i)(I) and 
705(c)(5)(A) of the Act, the Department also calculated an estimated 
``all others'' rate for exporters and producers not individually 
investigated. Section 705(c)(5)(A)(i) of the Act provides that the 
``all others'' rate will be equal to the weighted-average of the 
countervailable subsidy rates, excluding de minimis rates and rates 
determined entirely under section 776 of the Act, established for 
individually investigated exporters and producers. Because the 
weighted-average countervailable subsidy rates calculated for FEESA and 
the GAM Group are not de minimis and are not based entirely on section 
776 of the Act as facts available, the Department has estimated the 
``all others'' rate in this final determination by weight-averaging the 
weighted-average countervailable subsidy rates calculated for FEESA and 
the GAM Group.
    We determine the total estimated countervailable subsidy rates to 
be:

------------------------------------------------------------------------
               Company                            Subsidy rate
------------------------------------------------------------------------
Fondo de Empresas Expropiadas del      43.93 percent.
 Sector Azucarero.
Ingenio Tala S.A. de C.V. and certain  5.78 percent.
 affiliated sugar mills of Grupo
 Azucarero Mexico S.A. de C.V..
All Others...........................  38.11 percent.
------------------------------------------------------------------------

    In accordance with 19 CFR 351.224(b), we will disclose the 
calculations performed within five days of any public announcement of 
this notice.
    As noted above, the Department signed a Suspension Agreement in 
this investigation on December 19, 2014. On March 27, 2015, following a 
review of the Suspension Agreement by the International Trade 
Commission (ITC), the Department, in accordance with sections 
704(h)(3)(A) and (B) of the Act, instructed Customs and Border 
Protection (CBP) to terminate the suspension of liquidation of all 
entries of sugar from Mexico and to refund any collected cash deposits 
without regard to countervailing duties.\9\ Notwithstanding the 
continuation and completion of the investigation, as the Suspension 
Agreement continues to be in place, the Department will not instruct 
CBP to suspend liquidation or to assess cash deposits at the 
countervailing duty rates noted above unless the Suspension Agreement 
is terminated.
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    \9\ See Department Memorandum, ``Termination of Suspension of 
Liquidation: Suspended Countervailing Duty Investigation on Sugar 
from Mexico,'' March 27, 2015.

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[[Page 57339]]

ITC Notification

    In accordance with 705(d) of the Act, we will notify the ITC of our 
final determination. Because our final determination is affirmative, 
the ITC will, within 45 days, determine whether these imports are 
materially injuring, or threatening material injury to, the U.S. 
industry. If the ITC determines that material injury, or threat of 
material injury does not exist, the Suspension Agreement shall have no 
force or effect, and the investigation shall be terminated.\10\ If the 
ITC determines that such injury does exist, the Suspension Agreement 
shall remain in force but the Department shall not issue a CVD order so 
long as (1) the Suspension Agreement remains in force, (2) the 
Suspension Agreement continues to meet the requirements of subsections 
(c) and (d) of the Act, and (3) the parties to the Suspension Agreement 
carry out their obligations under the Suspension Agreement in 
accordance with its terms.\11\
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    \10\ See section 704(f)(3)(A) of the Act.
    \11\ See section 704(f)(3)(B) of the Act.
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Return or Destruction of Proprietary Information

    This notice serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return/destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a violation subject to 
sanction.
    This determination is issued and published in accordance with 
sections 705(d) and 777(i) of the Act.

    Dated: September 16, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The product covered by this investigation 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 (InChI) for sucrose is 1S/C12H22O11/c13-1-4-
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 InChI 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, desugaring 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 investigation.
    The scope of the investigation does not include (1) sugar 
imported under the Refined Sugar Re-Export Programs of the U.S. 
Department of Agriculture; \1\ (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; and (7) processed food products that 
contain sugar (e.g., cereals). Specialty sugars excluded from the 
scope of this investigation 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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    \1\ 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.
---------------------------------------------------------------------------

    Merchandise covered by this investigation 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, 1702.90.4000 and 1703.10.3000. The tariff 
classification is provided for convenience and customs purposes; 
however, the written description of the scope of this investigation 
is dispositive.

Appendix II

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Subsidies Valuation
VI. Analysis of Programs
VII. Discussion of the Issues
    Issue 1: Standing to Request Continuation of the Investigation
    Issue 2: Uncreditworthiness
    Issue 3: Calculation of Discount Rates
    Issue 4: Treatment of Grants as Non-Recurring Subsidies
    Issue 5: Sugarcane for Less Than Adequate Remuneration (LTAR)
    Issue 6: Forgiveness of Tax Liability Under the ``Catch Up'' Tax 
Amnesty Program
    Issue 7: Countervailability of 1998/1999 Restructuring of 
Financiera Nacional Azucarera, S.N.C. (FINA) Debt
    Issue 8: Amount of Benefits Received From the 1999 Inventory 
Support Subsidy
    Issue 9: Selection of FEESA as a Mandatory Respondent
    Issue 10: Forgiveness of FEESA's Government Debts
    Issue 11: Forgiveness of Wastewater Discharge Debt
    Issue 12: FEESA's Interest-Free Social Security Debt
    Issue 13: Preferential Lending to FEESA
    Issue 14: Provision of General Services for LTAR
    Issue 15: Sales Denominator Adjustments
    Issue 16: Forgiveness of the GAM Group's Government Debts
    Issue 17: Accelerated Depreciation of Renewable Energy 
Investments
    Issue 18: Repayment of Special Fund and Annual Budget 
Allocations
    Issue 19: Amount of Benefits Received from the 1997 Export 
Subsidy
VIII. Conclusion

[FR Doc. 2015-24195 Filed 9-22-15; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                          Federal Register / Vol. 80, No. 184 / Wednesday, September 23, 2015 / Notices                                                  57337

                                                  Department’s commencement of these                      elect to specify a different time limit by              Dated: September 17, 2015.
                                                  Section 129 proceedings, must file a                    which extension requests will be                      Christian Marsh,
                                                  letter of appearance. The letter of                     considered untimely for submissions                   Deputy Assistant Secretary for Antidumping
                                                  appearance must be filed separately                     which are due from multiple parties                   and Countervailing Duty Operations.
                                                  from any other document (with the                       simultaneously. In such a case, we will               [FR Doc. 2015–24183 Filed 9–22–15; 8:45 am]
                                                  exception of an application for                         inform parties in the letter or                       BILLING CODE 3510–DS–P
                                                  administrative protective order (APO)                   memorandum setting forth the deadline
                                                  access; parties applying for and granted                (including a specified time) by which
                                                  APO access would automatically be on                    extension requests must be filed to be                DEPARTMENT OF COMMERCE
                                                  the public service list). Parties wishing               considered timely. An extension request
                                                  to enter an appearance or submit                        must be made in a separate, stand-alone               International Trade Administration
                                                  information with regard to these                        submission; under limited                             [C–201–846]
                                                  proceedings must upload their filing(s)                 circumstances we will grant untimely-
                                                  to each relevant case number.                           filed requests for the extension of time              Sugar From Mexico: Final Affirmative
                                                  Additionally, for each submission made                  limits. Review Extension of Time Limits;              Countervailing Duty Determination
                                                  in ACCESS, parties must select ‘‘S 129–                 Final Rule, 78 FR 57790 (September 20,
                                                  SEC 129’’ as the segment, and enter                     2013), available at http://www.gpo.gov/               AGENCY:  Enforcement and Compliance,
                                                  ‘‘DS436–‘‘2004’’ ‘‘DS436–2006,’’                        fdsys/pkg/FR–2013–09–20/html/2013-                    International Trade Administration,
                                                  ‘‘DS436–2007’’ or ‘‘DS436–2008’’ as                     22853.htm prior to submitting factual                 Department of Commerce.
                                                  appropriate in the segment specific                     information in these segments.                        SUMMARY: The Department of Commerce
                                                  information field.                                                                                            (the Department) determines that
                                                                                                          Certification Requirements                            countervailable subsidies are being
                                                  Submission of Factual Information                                                                             provided to exporters and producers of
                                                                                                            Any party submitting factual
                                                     Factual information is defined in 19                                                                       sugar from Mexico. For information on
                                                                                                          information in an antidumping (AD) or
                                                  CFR 351.102(b)(21) as: (i) Evidence                                                                           the estimated subsidy rates, see the
                                                                                                          CVD proceeding must certify to the
                                                  submitted in response to questionnaires;                                                                      ‘‘Final Determination’’ section of this
                                                                                                          accuracy and completeness of that
                                                  (ii) evidence submitted in support of                                                                         notice.
                                                                                                          information.2 Parties are hereby
                                                  allegations; (iii) publicly available
                                                                                                          reminded that revised certification                   DATES:   Effective date: September 23,
                                                  information to value factors under 19
                                                  CFR 351.408(c) or to measure the                        requirements are in effect for company/               2015.
                                                  adequacy of remuneration under 19 CFR                   government officials, as well as their                FOR FURTHER INFORMATION CONTACT:
                                                  351.511(a)(2); (iv) evidence placed on                  representatives. Investigations initiated             Kaitlin Wojnar, AD/CVD Operations,
                                                  the record by the Department; and (v)                   on the basis of petitions filed on or after           Office VII, Enforcement and
                                                  evidence other than factual information                 August 16, 2013, and other segments of                Compliance, International Trade
                                                  described in (i)–(iv). The regulation                   any AD or CVD proceedings initiated on                Administration, U.S. Department of
                                                  requires any party, when submitting                     or after August 16, 2013, should use the              Commerce, 14th Street and Constitution
                                                  factual information, to specify under                   formats for the revised certifications                Avenue NW., Washington, DC 20230;
                                                  which subsection of 19 CFR                              provided at the end of the Final Rule.3               telephone: (202) 482–3857.
                                                  351.102(b)(21) the information is being                 The Department intends to reject factual
                                                                                                                                                                SUPPLEMENTARY INFORMATION:
                                                  submitted and, if the information is                    submissions if the submitting party does
                                                  submitted to rebut, clarify, or correct                 not comply with the applicable revised                Background
                                                  factual information already on the                      certification requirements.
                                                                                                                                                                   The petitioner in this investigation is
                                                  record, to provide an explanation                       Notification to Interested Parties                    the American Sugar Coalition and its
                                                  identifying the information already on                                                                        members (Petitioners).1 In addition to
                                                  the record that the factual information                   Interested parties must submit                      the Government of Mexico (GOM), the
                                                  seeks to rebut, clarify, or correct. Time               applications for disclosure under APO                 mandatory respondents in this
                                                  limits for the submission of factual                    in accordance with 19 CFR 351.305. On                 investigation are Fondo de Empresas
                                                  information are addressed in 19 CFR                     January 22, 2008, the Department                      Expropiadas del Sector Azucarero
                                                  351.301, which provides specific time                   published Antidumping and                             (FEESA) and Ingenio Tala S.A. de C.V.
                                                  limits based on the type of factual                     Countervailing Duty Proceedings:                      and certain affiliated companies owned
                                                  information being submitted. Parties                    Documents Submission Procedures;                      by Grupo Azucarero Mexico S.A. de
                                                  should review the regulations prior to                  APO Procedures, 73 FR 3634 (January                   C.V. (collectively, the GAM Group). The
                                                  submitting factual information in these                 22, 2008). Parties wishing to participate             period of investigation (POI) is January
                                                  segments.                                               in these investigations should ensure                 1, 2013, through December 31, 2013.
                                                                                                          that they meet the requirements of these                 The Department published its
                                                  Extension of Time Limits Regulation                     procedures (e.g., the filing of letters of            affirmative Preliminary Determination
                                                     Parties may request an extension of                  appearance as discussed at 19 CFR                     on September 2, 2014.2 On December
                                                  time limits before the expiration of a                  351.103(d)).
                                                  time limit established under Part 351, or                 This notice is published in                           1 The American Sugar Coalition is comprised of
                                                  as otherwise specified by the Secretary.                accordance with Section 129(b)(1) of the              the following individual members: American Sugar
                                                  In general, an extension request will be                URAA.                                                 Cane League; American Sugar Refining, Inc.;
                                                                                                                                                                American Sugarbeet Growers Association; Florida
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  considered untimely if it is filed after
                                                                                                                                                                Sugar Cane League; Hawaiian Commercial and
                                                  the expiration of the time limit                          2 See section 782(b) of the Act.                    Sugar Company; Rio Grande Valley Sugar Growers,
                                                  established under Part 351 expires. For                   3 See Certification of Factual Information To       Inc.; Sugar Cane Growers Cooperative of Florida;
                                                  submissions that are due from multiple                  Import Administration During Antidumping and          and United States Beet Sugar Association.
                                                  parties simultaneously, an extension                    Countervailing Duty Proceedings, 78 FR 42678 (July      2 See Sugar from Mexico: Preliminary Affirmative

                                                                                                          17, 2013) (Final Rule); see also frequently asked     Countervailing Duty Determination and Alignment
                                                  request will be considered untimely if it               questions regarding the Final Rule, available at      of Final Countervailing Duty Determination with
                                                  is filed after 10:00 a.m. on the due date.              http://enforcement.trade.gov/tlei/notices/factual_    Final Antidumping Duty Determination, 79 FR
                                                  Under certain circumstances, we may                     info_final_rule_FAQ_07172013.pdf.                                                              Continued




                                             VerDate Sep<11>2014   18:00 Sep 22, 2015   Jkt 235001   PO 00000   Frm 00006   Fmt 4703   Sfmt 4703   E:\FR\FM\23SEN1.SGM   23SEN1


                                                  57338                             Federal Register / Vol. 80, No. 184 / Wednesday, September 23, 2015 / Notices

                                                  19, 2014, the Department and a                                              the electronic version are identical in                                       Memorandum, for purposes of this final
                                                  representative of the GOM signed an                                         content.                                                                      determination, the Department relied, in
                                                  agreement suspending this CVD                                                                                                                             part, on facts available when necessary
                                                                                                                              Scope of the Investigation
                                                  investigation.3 Pursuant to timely                                                                                                                        information was not available on the
                                                  requests for continuation filed on                                            The product covered by this                                                 record.8
                                                  January 16, 2015,4 the Department                                           investigation is sugar from Mexico.
                                                                                                                              Since the Preliminary Determination,                                          Final Determination
                                                  published notice of continuation of the
                                                  investigation on May 4, 2015.5                                              the Department has updated the scope                                             In accordance with 705(c)(1)(B)(i)(1)
                                                  Subsequently, on June 18, 2015, the                                         of the investigation. For a discussion of                                     of the Tariff Act of 1930, as amended
                                                  Department issued a post-preliminary                                        these changes, see the ‘‘Scope                                                (the Act), the Department calculated a
                                                  analysis memorandum.6 A complete                                            Comments’’ section of the Issues and                                          countervailable subsidy rate for each
                                                  summary of the events that occurred                                         Decision Memorandum and, for a                                                individually investigated exporter/
                                                  since publication of the Preliminary                                        complete description of the scope, see                                        producer of the subject merchandise.
                                                  Determination, as well as a full                                            Appendix I to this notice.                                                    Consistent with sections
                                                  discussion of the issues raised by parties                                  Analysis of Subsidy Programs and                                              705(c)(1)(B)(i)(I) and 705(c)(5)(A) of the
                                                  for this final determination, may be                                        Comments Received                                                             Act, the Department also calculated an
                                                  found in the ‘‘Issues and Decision                                             The subsidy programs under                                                 estimated ‘‘all others’’ rate for exporters
                                                  Memorandum for the Final Affirmative                                        investigation and the issues raised in                                        and producers not individually
                                                  Determination in the Countervailing                                         the case briefs and rebuttal briefs                                           investigated. Section 705(c)(5)(A)(i) of
                                                  Duty Investigation of Sugar from                                            submitted by interested parties in this                                       the Act provides that the ‘‘all others’’
                                                  Mexico’’ (Issues and Decision                                               proceeding are discussed in the Issues                                        rate will be equal to the weighted-
                                                  Memorandum),7 which is dated                                                and Decision Memorandum. A list of                                            average of the countervailable subsidy
                                                  concurrently with and hereby adopted                                        the issues raised by parties and                                              rates, excluding de minimis rates and
                                                  by this notice. The Issues and Decision                                     responded to by the Department in the                                         rates determined entirely under section
                                                  Memorandum is a public document and                                         Issues and Decision Memorandum is                                             776 of the Act, established for
                                                  is available electronically via                                             attached at Appendix II to this notice.                                       individually investigated exporters and
                                                  Enforcement and Compliance’s                                                                                                                              producers. Because the weighted-
                                                  Antidumping and Countervailing Duty                                         Changes to the Preliminary                                                    average countervailable subsidy rates
                                                  Centralized Electronic Service System                                       Determination                                                                 calculated for FEESA and the GAM
                                                  (ACCESS). Access is available to                                              Based on our analysis of the                                                Group are not de minimis and are not
                                                  registered users at http://                                                 comments received and our findings at                                         based entirely on section 776 of the Act
                                                  access.trade.gov and to all parties in the                                  verification, we made certain changes to                                      as facts available, the Department has
                                                  Central Records Unit, room B8024 of the                                     the respondents’ subsidy rate                                                 estimated the ‘‘all others’’ rate in this
                                                  Department’s main building. In                                              calculations since the Preliminary                                            final determination by weight-averaging
                                                  addition, a complete version of the                                         Determination and our post-preliminary                                        the weighted-average countervailable
                                                  Issues and Decision Memorandum can                                          analysis. These changes are discussed in                                      subsidy rates calculated for FEESA and
                                                  be accessed at http://                                                      the ‘‘Analysis of Programs’’ section of                                       the GAM Group.
                                                  enforcement.trade.gov/frn/. The signed                                      the Issues and Decision Memorandum.                                              We determine the total estimated
                                                  Issues and Decision Memorandum and                                          As discussed in the Issues and Decision                                       countervailable subsidy rates to be:

                                                                                                                                          Company                                                                                                       Subsidy rate

                                                  Fondo de Empresas Expropiadas del Sector Azucarero ...........................................................................................................                                     43.93 percent.
                                                  Ingenio Tala S.A. de C.V. and certain affiliated sugar mills of Grupo Azucarero Mexico S.A. de C.V. ....................................                                                           5.78 percent.
                                                  All Others .....................................................................................................................................................................................   38.11 percent.



                                                    In accordance with 19 CFR                                                 International Trade Commission (ITC),                                         completion of the investigation, as the
                                                  351.224(b), we will disclose the                                            the Department, in accordance with                                            Suspension Agreement continues to be
                                                  calculations performed within five days                                     sections 704(h)(3)(A) and (B) of the Act,                                     in place, the Department will not
                                                  of any public announcement of this                                          instructed Customs and Border                                                 instruct CBP to suspend liquidation or
                                                  notice.                                                                     Protection (CBP) to terminate the                                             to assess cash deposits at the
                                                    As noted above, the Department                                            suspension of liquidation of all entries                                      countervailing duty rates noted above
                                                  signed a Suspension Agreement in this                                       of sugar from Mexico and to refund any                                        unless the Suspension Agreement is
                                                  investigation on December 19, 2014. On                                      collected cash deposits without regard                                        terminated.
                                                  March 27, 2015, following a review of                                       to countervailing duties.9
                                                  the Suspension Agreement by the                                             Notwithstanding the continuation and

                                                  51956 (September 2, 2014) (Preliminary                                        5 See Department Memorandum, ‘‘Standing of                                  Determination in the Countervailing Duty
                                                  Determination).                                                             Imperial Sugar and AmCane Sugar to Request                                    Investigation of Sugar from Mexico,’’ September 16,
                                                                                                                              Continuation of the AD and CVD Investigations on
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                     3 See Sugar from Mexico: Suspension of
                                                                                                                                                                                                            2015.
                                                  Countervailing Duty Investigation, 79 FR 78044                              Sugar from Mexico,’’ dated April 24, 2015; see also                             8 See section 776(a) of the Act.
                                                  (December 29, 2014) (Suspension Agreement).                                 Sugar from Mexico: Continuation of Antidumping
                                                                                                                                                                                                              9 See Department Memorandum, ‘‘Termination of
                                                     4 See Letter from Imperial Sugar Company,                                and Countervailing Duty Investigations, 80 FR
                                                  ‘‘Sugar from Mexico, Inv. Nos. A–201–845 and C–                             25278 (May 4, 2015).                                                          Suspension of Liquidation: Suspended
                                                  201–846—Request for Continuation of                                           6 See Department Memorandum, ‘‘Countervailing                               Countervailing Duty Investigation on Sugar from
                                                  Investigations,’’ January 16, 2015; see also Letter                         Duty Investigation of Sugar from Mexico: Post-                                Mexico,’’ March 27, 2015.
                                                  from AmCane Sugar LLC, ‘‘Sugar from Mexico:                                 Preliminary Analysis,’’ June 18, 2015.
                                                  Request for Continuation of Investigations,’’ January                         7 See Department Memorandum, ‘‘Issues and

                                                  16, 2015.                                                                   Decision Memorandum for the Final Affirmative



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                                                                           Federal Register / Vol. 80, No. 184 / Wednesday, September 23, 2015 / Notices                                                  57339

                                                  ITC Notification                                         20H,1–3H2/t4-,5-,6-,7-,8+,9-,10+,11-,12+/m1/            Issue 6: Forgiveness of Tax Liability Under
                                                                                                           s1; the InChI Key for sucrose is                           the ‘‘Catch Up’’ Tax Amnesty Program
                                                    In accordance with 705(d) of the Act,                  CZMRCDWAGMRECN–UGDNZRGBSA–N;                            Issue 7: Countervailability of 1998/1999
                                                  we will notify the ITC of our final                      the U.S. National Institutes of Health                     Restructuring of Financiera Nacional
                                                  determination. Because our final                         PubChem Compound Identifier (CID) for                      Azucarera, S.N.C. (FINA) Debt
                                                  determination is affirmative, the ITC                    sucrose is 5988; and the Chemical Abstracts             Issue 8: Amount of Benefits Received From
                                                  will, within 45 days, determine whether                  Service (CAS) Number of sucrose is 57–50–                  the 1999 Inventory Support Subsidy
                                                  these imports are materially injuring, or                1.                                                      Issue 9: Selection of FEESA as a Mandatory
                                                  threatening material injury to, the U.S.                    Sugar described in the previous paragraph               Respondent
                                                                                                           includes products of all polarimeter readings           Issue 10: Forgiveness of FEESA’s
                                                  industry. If the ITC determines that
                                                                                                           described in various forms, such as raw                    Government Debts
                                                  material injury, or threat of material                   sugar, estandar or standard sugar, high                 Issue 11: Forgiveness of Wastewater
                                                  injury does not exist, the Suspension                    polarity or semi-refined sugar, special white              Discharge Debt
                                                  Agreement shall have no force or effect,                 sugar, refined sugar, brown sugar, edible               Issue 12: FEESA’s Interest-Free Social
                                                  and the investigation shall be                           molasses, desugaring molasses, organic raw                 Security Debt
                                                  terminated.10 If the ITC determines that                 sugar, and organic refined sugar. Other sugar           Issue 13: Preferential Lending to FEESA
                                                  such injury does exist, the Suspension                   products, such as powdered sugar, colored               Issue 14: Provision of General Services for
                                                  Agreement shall remain in force but the                  sugar, flavored sugar, and liquids and syrups              LTAR
                                                                                                           that contain 95 percent or more sugar by dry            Issue 15: Sales Denominator Adjustments
                                                  Department shall not issue a CVD order
                                                                                                           weight are also within the scope of this                Issue 16: Forgiveness of the GAM Group’s
                                                  so long as (1) the Suspension Agreement                  investigation.                                             Government Debts
                                                  remains in force, (2) the Suspension                        The scope of the investigation does not              Issue 17: Accelerated Depreciation of
                                                  Agreement continues to meet the                          include (1) sugar imported under the Refined               Renewable Energy Investments
                                                  requirements of subsections (c) and (d)                  Sugar Re-Export Programs of the U.S.                    Issue 18: Repayment of Special Fund and
                                                  of the Act, and (3) the parties to the                   Department of Agriculture; 1 (2) sugar                     Annual Budget Allocations
                                                  Suspension Agreement carry out their                     products produced in Mexico that contain 95             Issue 19: Amount of Benefits Received
                                                  obligations under the Suspension                         percent or more sugar by dry weight that                   from the 1997 Export Subsidy
                                                  Agreement in accordance with its                         originated outside of Mexico; (3) inedible            VIII. Conclusion
                                                                                                           molasses (other than inedible desugaring
                                                  terms.11                                                 molasses noted above); (4) beverages; (5)             [FR Doc. 2015–24195 Filed 9–22–15; 8:45 am]
                                                  Return or Destruction of Proprietary                     candy; (6) certain specialty sugars; and (7)          BILLING CODE 3510–DS–P
                                                  Information                                              processed food products that contain sugar
                                                                                                           (e.g., cereals). Specialty sugars excluded from
                                                    This notice serves as the only                         the scope of this investigation are limited to        DEPARTMENT OF COMMERCE
                                                  reminder to parties subject to                           the following: caramelized slab sugar candy,
                                                  administrative protective order (APO) of                 pearl sugar, rock candy, dragees for cooking          International Trade Administration
                                                  their responsibility concerning the                      and baking, fondant, golden syrup, and sugar
                                                  destruction of proprietary information                   decorations.                                          Notice of Scope Rulings
                                                  disclosed under APO in accordance                           Merchandise covered by this investigation
                                                                                                           is typically imported under the following             AGENCY:   Enforcement and Compliance,
                                                  with 19 CFR 351.305(a)(3). Timely                        headings of the HTSUS: 1701.12.1000,                  International Trade Administration,
                                                  written notification of return/                          1701.12.5000, 1701.13.1000, 1701.13.5000,             Department of Commerce.
                                                  destruction of APO materials or                          1701.14.1000, 1701.14.5000, 1701.91.1000,
                                                  conversion to judicial protective order is                                                                     SUMMARY: The Department of Commerce
                                                                                                           1701.91.3000, 1701.99.1010, 1701.99.1025,
                                                  hereby requested. Failure to comply                      1701.99.1050, 1701.99.5010, 1701.99.5025,             (‘‘Department’’) hereby publishes a list
                                                  with the regulations and the terms of an                 1701.99.5050, 1702.90.4000 and                        of scope rulings and anticircumvention
                                                  APO is a violation subject to sanction.                  1703.10.3000. The tariff classification is            determinations made between April 1,
                                                    This determination is issued and                       provided for convenience and customs                  2015, and June 30, 2015, inclusive. We
                                                  published in accordance with sections                    purposes; however, the written description of         intend to publish future lists after the
                                                  705(d) and 777(i) of the Act.                            the scope of this investigation is dispositive.       close of the next calendar quarter.
                                                    Dated: September 16, 2015.                                                                                   DATES: Effective Date: September 23,
                                                                                                           Appendix II
                                                  Ronald K. Lorentzen,                                                                                           2015.
                                                  Acting Assistant Secretary for Enforcement               List of Topics Discussed in the Issues and            FOR FURTHER INFORMATION CONTACT:
                                                  and Compliance.                                          Decision Memorandum                                   Brenda E. Waters, AD/CVD Operations,
                                                  Appendix I                                               I. Summary                                            Customs Liaison Unit, Enforcement and
                                                                                                           II. Background                                        Compliance, International Trade
                                                  Scope of the Investigation                               III. Scope Comments                                   Administration, U.S. Department of
                                                                                                           IV. Scope of the Investigation                        Commerce, 14th Street and Constitution
                                                     The product covered by this investigation             V. Subsidies Valuation
                                                  is raw and refined sugar of all polarimeter                                                                    Avenue NW., Washington, DC 20230;
                                                                                                           VI. Analysis of Programs
                                                  readings derived from sugar cane or sugar                VII. Discussion of the Issues
                                                                                                                                                                 telephone: 202–482–4735.
                                                  beets. The chemical sucrose gives sugar its                 Issue 1: Standing to Request Continuation          SUPPLEMENTARY INFORMATION:
                                                  essential character. Sucrose is a nonreducing                  of the Investigation
                                                  disaccharide composed of glucose and                        Issue 2: Uncreditworthiness
                                                                                                                                                                 Background
                                                  fructose linked by a glycosidic bond via their              Issue 3: Calculation of Discount Rates               The Department’s regulations provide
                                                  anomeric carbons. The molecular formula for                 Issue 4: Treatment of Grants as Non-
                                                  sucrose is C12H22O11; the International Union                                                                  that the Secretary will publish in the
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                                                                                                                 Recurring Subsidies                             Federal Register a list of scope rulings
                                                  of Pure and Applied Chemistry (IUPAC)                       Issue 5: Sugarcane for Less Than Adequate
                                                  International Chemical Identifier (InChI) for                                                                  on a quarterly basis.1 Our most recent
                                                                                                                 Remuneration (LTAR)
                                                  sucrose is 1S/C12H22O11/c13–1–4–                                                                               notification of scope rulings was
                                                  6(16)8(18)9(19)11(21–4)23–12(3–                            1 This exclusion applies to sugar imported under
                                                                                                                                                                 published on June 16, 2015.2 This
                                                  15)10(20)7(17)5(2–14)22–12/h4–11,13–
                                                                                                           the Refined Sugar Re-Export Program, the Sugar-
                                                                                                                                                                   1 See19 CFR 351.225(o).
                                                                                                           Containing Products Re-Export Program, and the
                                                    10 See section 704(f)(3)(A) of the Act.                Polyhydric Alcohol Program administered by the          2 SeeNotice of Scope Rulings, 80 FR 34368 (June
                                                    11 See section 704(f)(3)(B) of the Act.                U.S. Department of Agriculture.                       16, 2015).



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Document Created: 2015-12-15 09:44:23
Document Modified: 2015-12-15 09:44:23
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ContactKaitlin Wojnar, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 3857.
FR Citation80 FR 57337 

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