80 FR 57341 - Sugar From Mexico: Final Determination of Sales at Less Than Fair Value
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 184 (September 23, 2015)
International Trade Administration
Federal Register Volume 80, Issue 184 (September 23, 2015)
| Page Range | 57341-57343 | |
| FR Document | 2015-24189 |
[Federal Register Volume 80, Number 184 (Wednesday, September 23, 2015)] [Notices] [Pages 57341-57343] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-24189] [[Page 57341]] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-201-845] Sugar From Mexico: Final Determination of Sales at Less Than Fair Value AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) determines that imports of sugar from Mexico are being, or are likely to be, sold in the United States at less than fair value (LTFV), as provided in section 735 of the Tariff Act of 1930, as amended (the Act). The period of investigation is January 1, 2013, through December 31, 2013. The final weighted-average dumping margins are listed below in the section entitled ``Final Determination Margins.'' DATES: Effective Date: September 23, 2015. FOR FURTHER INFORMATION CONTACT: David Lindgren, 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- 3870. SUPPLEMENTARY INFORMATION: Background On November 3, 2014, the Department published in the Federal Register the Preliminary Determination of sales at LTFV in the antidumping duty investigation of sugar from Mexico.\1\ The following events occurred since the Preliminary Determination was issued. Between December 3 and 16, 2014, we conducted sales and cost verifications of the two respondents in this investigation, FEESA \2\ and the GAM Group.\3\ The verification reports were issued between January 29 and March 31, 2015. --------------------------------------------------------------------------- \1\ See Sugar From Mexico: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 79 FR 65189 (November 3, 2014) (Preliminary Determination). \2\ Fondo de Empresas Expropiadas del Sector Azucarero (FEESA) consists of FEESA and the following sugar mills: Fideicomiso Ingenio El Modelo, Fideicomiso Ingenio San Cristobal, Fideicomiso Ingenio Plan De San Luis, Fideicomiso Ingenio San Miguelito, Fideicomiso Ingenio La Providencia, Fideicomiso Ingenio Atencingo, Fideicomiso Ingenio Casasano, Fideicomiso Ingenio El Potrero, and Fideicomiso Ingenio Emiliano Zapata. \3\ The GAM Group consists of the following sugar mills: Ingenio Tala S.A. de C.V.; Ingenio El Dorado S.A. de C.V.; and Ingenio Lazaro Cardenas S.A. de C.V. --------------------------------------------------------------------------- On December 19, 2014, the Department and a representative of the producers/exporters accounting for substantially all imports of sugar from Mexico, the Camara Nacional de Las Industrias Azucarera y Alcoholera, signed a suspension agreement in this investigation.\4\ On January 8, 2015, Imperial Sugar (Imperial) and AmCane Sugar LLC (AmCane) each notified the Department that they had petitioned the International Trade Commission (ITC) to conduct a review to determine whether the injurious effects of the imports of the subject merchandise are eliminated completely by the AD Suspension Agreement (a section 734(h) review).\5\ Additionally, on January 16, 2015, AmCane and Imperial submitted timely requests for the continuation of the instant investigation.\6\ On March 19, 2015, in a unanimous vote, the ITC found that the AD Suspension Agreement eliminated completely the injurious effects of imports of sugar from Mexico. On the same day, the Department announced that it would issue a decision regarding continuation of the investigations promptly after the ITC made its views and findings available.\7\ On March 24, 2015, the ITC notified the Department of its determination, and on April 10, 2015, provided a report of its views and findings to the Department.\8\ Subsequently, on April 24, 2015, the Department determined that AmCane and Imperial had standing to request continuation of this investigation and, as a result, published a continuation notice on May 4, 2015.\9\ Accordingly, on May 4, 2015, the Department announced the briefing schedule. Consistent with the schedule, case briefs were filed on May 29, 2015, and rebuttal briefs on June 12, 2015. --------------------------------------------------------------------------- \4\ See Sugar From Mexico: Suspension of Antidumping Investigation, 79 FR 78093 (December 29, 2014) (AD Suspension Agreement). \5\ See Sugar From Mexico: Continuation of Antidumping and Countervailing Duty Investigations, 80 FR 25278, 25279 (May 4, 2015) (Continuation Notice). \6\ Id. \7\ See Continuation Notice, 80 FR at 25280. \8\ Id. \9\ See Memorandum to the Files regarding ``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 Continuation Notice, 80 FR at 25278. --------------------------------------------------------------------------- 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 ``Scope Comments'' section of the Issues and Decision Memorandum \10\ and, for a complete description of the scope of the investigation, see Appendix I to this notice. --------------------------------------------------------------------------- \10\ See Memorandum to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, ``Issues and Decision Memorandum for the Final Affirmative Determination in the Less than Fair Value Investigation of Sugar from Mexico'' (Issues and Decision Memorandum), which is dated concurrently with and hereby adopted by this notice. --------------------------------------------------------------------------- Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties in this investigation are addressed in the Issues and Decision Memorandum, which is hereby adopted by this notice. A list of the issues raised is attached to this notice as Appendix II. 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 it is available to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Changes Since the Preliminary Determination Based on our analysis of the comments received and our findings at verification, we made certain changes to the margin calculations. For a discussion of these changes, see the ``Margin Calculations'' section of the Issues and Decision Memorandum. Verification As provided in section 782(i) of the Act, in December, 2014, we verified the sales and cost information submitted by FEESA and the GAM Group for use in our final determination. We used standard verification procedures including an examination of relevant accounting and production records, and original source documents provided by the two respondents.\11\ --------------------------------------------------------------------------- \11\ See Memorandum to the File regarding ``Verification of the Cost Response of Ingenio Tala de C.V. and its affiliates Ingenio Lazaro Cardenas S.A. de C. V. and Ingenio El Dorado S.A. de C. V. in the Antidumping Duty Investigation of Sugar from Mexico,'' dated January 29, 2015; see also Memorandum to the File regarding ``Verification of the Cost Response of Fondo de Empresas Expropiadas del Sector Azucarero in the Less-Than-Fair-Value Investigation of Sugar from Mexico,'' dated January 30, 2015; Memoranda to the File regarding ``Verification of the Sales and Subsidy Responses of FEESA in the Antidumping and Countervailing Duty Investigations of Sugar from Mexico,'' and ``Verification of the Sales and Subsidy Responses of the GAM Group in the Antidumping and Countervailing Duty Investigations of Sugar from Mexico,'' both dated March 31, 2015. --------------------------------------------------------------------------- [[Page 57342]] Final Determination Margins The weighted-average dumping margins are as follows: ------------------------------------------------------------------------ Weighted-average Exporter/Producer dumping margin (%) ------------------------------------------------------------------------ FEESA................................................ 40.48 Ingenio Tala S.A. de C.V. and certain affiliated 42.14 sugar mills of Grupo Azucarero Mexico S.A. de C.V. (collectively, the GAM Group)....................... All-Others........................................... 40.74 ------------------------------------------------------------------------ Section 735(c)(5)(A) of the Act provides that the estimated ``all- others'' rate shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding any zero or de minimis margins, and any margins determined entirely under section 776 of the Act. As we calculated weighted-average dumping margins for both mandatory respondents that are above de minimis and which are not based on total facts available, they are the basis for the ``all others'' rate. However, a weighted average would reveal proprietary information regarding the respondents' sales information. As such, we have calculated the weighted-average ``all others'' rate by relying on publicly-ranged information reported by FEESA and the GAM Group.\12\ --------------------------------------------------------------------------- \12\ For more detail on this calculation, see Memorandum to the File regarding ``Antidumping Duty Investigation of Sugar from Mexico: Final Determination Calculation for the ``All-Others'' Rate,'' dated September 16, 2015. --------------------------------------------------------------------------- Disclosure We will disclose the calculations performed within five days of any public announcement of this notice in accordance with 19 CFR 351.224(b). Termination of Suspension of Liquidation As noted above, on December 19, 2014, the Department signed the AD Suspension Agreement. Pursuant to section 734(h)(3) of the Act, suspension of liquidation ordered in the Preliminary Determination continued to be in effect pending the ITC's section 734(h) review. Following the ITC's affirmative determination, i.e., that the AD Suspension Agreement completely eliminated the injurious effects of imports of sugar from Mexico, on March 27, 2015, the Department, in accordance with section 734(h)(3) of the Act, instructed U.S. Customs and Border Protection (CBP) to terminate the suspension of liquidation of all entries of sugar from Mexico and refund all cash deposits. Pursuant to the requests for continuation discussed above, we have continued and completed the investigation in accordance with section 734(g) of the Act. We found the antidumping duty margins noted above in the ``Final Determination Margins'' section. The Department will not instruct CBP to suspend liquidation or collect cash deposits calculated herein unless the AD Suspension Agreement is terminated and the Department issues an antidumping duty order.\13\ In the event that Department issues an order, consistent with sections 735(c)(1) and 736(a) of the Act, as well as 19 CFR 351.210(d) and 351.211, we will instruct CBP to suspend liquidation and require a cash deposit equal to the weighted-average amount by which normal value exceeds U.S. price, as indicated in the chart above, as follows: (1) The rate for FEESA, when adjusted for export subsidies, is 40.33 percent; (2) the rate for the GAM Group, when adjusted for export subsidies, is 41.97 percent; (3) if the exporter is not a firm identified in this investigation, but the producer is, then the rate will be the rate established for the producer of the subject merchandise; (4) the rate for all other producers or exporters, when adjusted for export subsidies, will be 40.59 percent. --------------------------------------------------------------------------- \13\ See section 734(f)(3)(B) of the Act. --------------------------------------------------------------------------- International Trade Commission Notification In accordance with section 735(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 AD Suspension Agreement shall have no force or effect, and the investigation shall be terminated.\14\ If the ITC determines that such injury does exist, the AD Suspension Agreement shall remain in force but the Department shall not issue an antidumping order so long as (1) the AD Suspension Agreement remains in force, (2) the AD Suspension Agreement continues to meet the requirements of subsections (c) and (d) of the Act, and (3) the parties to the AD Suspension Agreement carry out their obligations under the AD Suspension Agreement in accordance with its terms.\15\ --------------------------------------------------------------------------- \14\ See section 734(f)(3)(A) of the Act. \15\ See section 734(f)(3)(B) of the Act. --------------------------------------------------------------------------- Return or Destruction of Proprietary Information This notice will serve 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 or 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 sanctionable violation. We are issuing and publishing this determination and notice in accordance with sections 735(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 [[Page 57343]] fructose linked by a glycosidic bond via their anomeric carbons. The molecular formula for sucrose is C12 H22 O11 ; 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; \16\ (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. --------------------------------------------------------------------------- \16\ 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. Margin Calculations VI. Discussion of the Issues 1. Imperial and AmCane's Standing to Request Continuation of the Investigation 2. Use of Revised Scope for Final Determination 3. Selection of FEESA as a Mandatory Respondent 4. Treatment of Certain FEESA Employee Expenses 5. FEESA's G&A and Financial Expenses Denominator 6. FEESA's Sales and Cost Verification Minor Corrections 7. FEESA Cost Changes Based on Verification Information 8. FEESA's Depreciation Expenses 9. Calculation of the GAM Group's Electricity Expenses 10. Offsets for Sugar Mills' Interest Income 11. Exclusion of Seedling Costs from ITLC's Cost of Production 12. The GAM Group's Final Sugar Cane Prices 13. Adjustments to Administrative Services Provided by ESOSA 14. Adjusting the GAM Group's G&A for Certain Affiliated Company Costs Recommendation [FR Doc. 2015-24189 Filed 9-22-15; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 80, No. 184 / Wednesday, September 23, 2015 / Notices 57341
DEPARTMENT OF COMMERCE producers/exporters accounting for Memorandum 10 and, for a complete
substantially all imports of sugar from description of the scope of the
International Trade Administration Mexico, the Camara Nacional de Las investigation, see Appendix I to this
[A–201–845] Industrias Azucarera y Alcoholera, notice.
signed a suspension agreement in this Analysis of Comments Received
Sugar From Mexico: Final investigation.4 On January 8, 2015,
Determination of Sales at Less Than Imperial Sugar (Imperial) and AmCane All issues raised in the case and
Fair Value Sugar LLC (AmCane) each notified the rebuttal briefs by parties in this
Department that they had petitioned the investigation are addressed in the Issues
AGENCY: Enforcement and Compliance, and Decision Memorandum, which is
International Trade Commission (ITC) to
International Trade Administration, hereby adopted by this notice. A list of
conduct a review to determine whether
Department of Commerce. the issues raised is attached to this
the injurious effects of the imports of
SUMMARY: The Department of Commerce notice as Appendix II. The Issues and
the subject merchandise are eliminated
(the Department) determines that completely by the AD Suspension Decision Memorandum is a public
imports of sugar from Mexico are being, document and is on file electronically
Agreement (a section 734(h) review).5
or are likely to be, sold in the United via Enforcement and Compliance’s
Additionally, on January 16, 2015,
States at less than fair value (LTFV), as Antidumping and Countervailing Duty
AmCane and Imperial submitted timely
provided in section 735 of the Tariff Act Centralized Electronic Service System
requests for the continuation of the
of 1930, as amended (the Act). The (ACCESS). ACCESS is available to
instant investigation.6 On March 19,
period of investigation is January 1, registered users at http://
2013, through December 31, 2013. The 2015, in a unanimous vote, the ITC access.trade.gov and it is available to all
final weighted-average dumping found that the AD Suspension parties in the Central Records Unit,
margins are listed below in the section Agreement eliminated completely the room B8024 of the main Department of
entitled ‘‘Final Determination Margins.’’ injurious effects of imports of sugar Commerce building. In addition, a
from Mexico. On the same day, the complete version of the Issues and
DATES: Effective Date: September 23,
Department announced that it would Decision Memorandum can be accessed
2015.
issue a decision regarding continuation directly at http://enforcement.trade.gov/
FOR FURTHER INFORMATION CONTACT: of the investigations promptly after the
David Lindgren, AD/CVD Operations, frn/. The signed and electronic versions
ITC made its views and findings of the Issues and Decision
Office VII, Enforcement and available.7 On March 24, 2015, the ITC
Compliance, International Trade Memorandum are identical in content.
notified the Department of its
Administration, U.S. Department of determination, and on April 10, 2015, Changes Since the Preliminary
Commerce, 14th Street and Constitution provided a report of its views and Determination
Avenue NW., Washington, DC 20230; findings to the Department.8 Based on our analysis of the
telephone: (202) 482–3870. Subsequently, on April 24, 2015, the comments received and our findings at
SUPPLEMENTARY INFORMATION: Department determined that AmCane verification, we made certain changes to
Background and Imperial had standing to request the margin calculations. For a
continuation of this investigation and, discussion of these changes, see the
On November 3, 2014, the Department as a result, published a continuation ‘‘Margin Calculations’’ section of the
published in the Federal Register the notice on May 4, 2015.9 Accordingly, on Issues and Decision Memorandum.
Preliminary Determination of sales at May 4, 2015, the Department announced
LTFV in the antidumping duty Verification
the briefing schedule. Consistent with
investigation of sugar from Mexico.1 As provided in section 782(i) of the
the schedule, case briefs were filed on
The following events occurred since the Act, in December, 2014, we verified the
May 29, 2015, and rebuttal briefs on
Preliminary Determination was issued. sales and cost information submitted by
June 12, 2015.
Between December 3 and 16, 2014, we FEESA and the GAM Group for use in
conducted sales and cost verifications of Scope of the Investigation our final determination. We used
the two respondents in this standard verification procedures
investigation, FEESA 2 and the GAM The product covered by this including an examination of relevant
Group.3 The verification reports were investigation is sugar from Mexico. accounting and production records, and
issued between January 29 and March Since the Preliminary Determination, original source documents provided by
31, 2015. the Department has updated the scope the two respondents.11
On December 19, 2014, the of the investigation. For a discussion of
Department and a representative of the these changes, see ‘‘Scope Comments’’ 10 See Memorandum to Ronald K. Lorentzen,
section of the Issues and Decision Acting Assistant Secretary for Enforcement and
1 See Sugar From Mexico: Preliminary Compliance from Christian Marsh, Deputy Assistant
Determination of Sales at Less Than Fair Value and 4 See Sugar From Mexico: Suspension of Secretary for Antidumping and Countervailing Duty
Postponement of Final Determination, 79 FR 65189 Operations, ‘‘Issues and Decision Memorandum for
Antidumping Investigation, 79 FR 78093 (December
(November 3, 2014) (Preliminary Determination). the Final Affirmative Determination in the Less
29, 2014) (AD Suspension Agreement).
2 Fondo de Empresas Expropiadas del Sector
5 See Sugar From Mexico: Continuation of
than Fair Value Investigation of Sugar from
Azucarero (FEESA) consists of FEESA and the Mexico’’ (Issues and Decision Memorandum),
Antidumping and Countervailing Duty which is dated concurrently with and hereby
following sugar mills: Fideicomiso Ingenio El
Investigations, 80 FR 25278, 25279 (May 4, 2015) adopted by this notice.
Modelo, Fideicomiso Ingenio San Cristobal,
(Continuation Notice).
Fideicomiso Ingenio Plan De San Luis, Fideicomiso 11 See Memorandum to the File regarding
mstockstill on DSK4VPTVN1PROD with NOTICES
6 Id.
Ingenio San Miguelito, Fideicomiso Ingenio La ‘‘Verification of the Cost Response of Ingenio Tala
7 See Continuation Notice, 80 FR at 25280.
Providencia, Fideicomiso Ingenio Atencingo, de C.V. and its affiliates Ingenio Lazaro Cardenas
8 Id.
Fideicomiso Ingenio Casasano, Fideicomiso Ingenio S.A. de C. V. and Ingenio El Dorado S.A. de C. V.
El Potrero, and Fideicomiso Ingenio Emiliano 9 See Memorandum to the Files regarding in the Antidumping Duty Investigation of Sugar
Zapata. ‘‘Standing of Imperial Sugar and AmCane Sugar to from Mexico,’’ dated January 29, 2015; see also
3 The GAM Group consists of the following sugar Request Continuation of the AD and CVD Memorandum to the File regarding ‘‘Verification of
mills: Ingenio Tala S.A. de C.V.; Ingenio El Dorado Investigations on Sugar from Mexico,’’ dated April the Cost Response of Fondo de Empresas
S.A. de C.V.; and Ingenio Lazaro Cardenas S.A. de 24, 2015; see also Continuation Notice, 80 FR at Expropiadas del Sector Azucarero in the Less-Than-
C.V. 25278. Continued
VerDate Sep<11>2014 18:00 Sep 22, 2015 Jkt 235001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\23SEN1.SGM 23SEN1](https://thefederalregister.org/doc/80_FR_57525/page/1.svg)
![Federal Register / Vol. 80, No. 184 / Wednesday, September 23, 2015 / Notices 57343
fructose linked by a glycosidic bond via their 3. Selection of FEESA as a Mandatory DATES: Effective March 18, 2016.
anomeric carbons. The molecular formula for Respondent ADDRESSES: Alan Risenhoover, Director,
sucrose is C12H22O11; the International Union 4. Treatment of Certain FEESA Employee
of Pure and Applied Chemistry (IUPAC) Expenses
Office of Sustainable Fisheries, NMFS,
International Chemical Identifier (InChI) for 5. FEESA’s G&A and Financial Expenses 1315 East-West Highway, Room 13362,
sucrose is 1S/C12H22O11/c13-1-4- Denominator Silver Spring, MD 20910.
6(16)8(18)9(19)11(21-4)23-12(3- 6. FEESA’s Sales and Cost Verification FOR FURTHER INFORMATION CONTACT:
15)10(20)7(17)5(2-14)22-12/h4-11,13-20H,1- Minor Corrections Derek Orner, Fishery Management
3H2/t4-,5-,6-,7-,8+,9-,10+,11-,12+/m1/s1; the 7. FEESA Cost Changes Based on Specialist, NMFS Office of Sustainable
InChI Key for sucrose is Verification Information
CZMRCDWAGMRECN–UGDNZRGBSA–N; Fisheries, (301) 427–8567.
8. FEESA’s Depreciation Expenses
the U.S. National Institutes of Health 9. Calculation of the GAM Group’s SUPPLEMENTARY INFORMATION:
PubChem Compound Identifier (CID) for Electricity Expenses
sucrose is 5988; and the Chemical Abstracts Non-Compliance Statutory Background
10. Offsets for Sugar Mills’ Interest Income
Service (CAS) Number of sucrose is 57-50-1. 11. Exclusion of Seedling Costs from The Atlantic Coastal Act, 16 U.S.C.
Sugar described in the previous paragraph ITLC’s Cost of Production 5101 et seq., sets forth a non-compliance
includes products of all polarimeter readings 12. The GAM Group’s Final Sugar Cane review and determination process that
described in various forms, such as raw Prices is triggered when the Commission finds
sugar, estandar or standard sugar, high 13. Adjustments to Administrative Services
polarity or semi-refined sugar, special white that a State has not implemented
Provided by ESOSA measures specified in an Interstate
sugar, refined sugar, brown sugar, edible 14. Adjusting the GAM Group’s G&A for
molasses, desugaring molasses, organic raw Certain Affiliated Company Costs
Fishery Management Plan (ISFMP) and
sugar, and organic refined sugar. Other sugar Recommendation refers that determination to the
products, such as powdered sugar, colored Secretary for review and potential
sugar, flavored sugar, and liquids and syrups [FR Doc. 2015–24189 Filed 9–22–15; 8:45 am]
concurrence.
that contain 95 percent or more sugar by dry BILLING CODE 3510–DS–P
The Atlantic Coastal Act’s non-
weight are also within the scope of this compliance process involves two stages
investigation.
The scope of the investigation does not of decision-making. In the first stage, the
DEPARTMENT OF COMMERCE
include (1) sugar imported under the Refined Secretary (delegated to the AA) must
Sugar Re-Export Programs of the U.S. National Oceanic and Atmospheric make two findings: (1) Whether the
Department of Agriculture; 16 (2) sugar Administration State in question has failed to carry out
products produced in Mexico that contain 95 its responsibility under the
percent or more sugar by dry weight that RIN 0648–XE205 Commission’s ISFMP; and if so (2)
originated outside of Mexico; (3) inedible whether the measures that the State
molasses (other than inedible desugaring Atlantic Coastal Fisheries Cooperative
failed to implement and enforce are
molasses noted above); (4) beverages; (5) Management Act Provisions; American
candy; (6) certain specialty sugars; and (7)
necessary for the conservation of the
Eel Fishery
processed food products that contain sugar fishery in question. These initial
(e.g., cereals). Specialty sugars excluded from AGENCY: National Marine Fisheries findings must be made within 30 days
the scope of this investigation are limited to Service (NMFS), National Oceanic and after receipt of the Commission’s non-
the following: caramelized slab sugar candy, Atmospheric Administration (NOAA), compliance referral and consequently,
pearl sugar, rock candy, dragees for cooking Commerce. this first stage of decision-making is
and baking, fondant, golden syrup, and sugar referred to as the 30-Day Determination.
ACTION: Notice of determination of non-
decorations. A positive 30-Day Determination
Merchandise covered by this investigation compliance; declaration of a
is typically imported under the following moratorium. triggers the second stage of Atlantic
headings of the HTSUS: 1701.12.1000, Coastal Act non-compliance decision-
1701.12.5000, 1701.13.1000, 1701.13.5000, SUMMARY: In accordance with the making, which occurs contemporaneous
1701.14.1000, 1701.14.5000, 1701.91.1000, Atlantic Coastal Fisheries Cooperative with the first decision. That is, if the AA
1701.91.3000, 1701.99.1010, 1701.99.1025, Management Act (Act), NMFS, upon a determines non-compliance in the first
1701.99.1050, 1701.99.5010, 1701.99.5025, delegation of authority from the stage, the Act mandates that a
1701.99.5050, 1702.90.4000 and Secretary of Commerce (Secretary), has moratorium on fishing in State waters in
1703.10.3000. The tariff classification is determined that the State of Delaware the fishery in question occur. The
provided for convenience and customs has failed to carry out its timing of the moratorium, however, is at
purposes; however, the written description of
responsibilities under the Atlantic the discretion of the AA, so long as it
the scope of this investigation is dispositive.
States Marine Fisheries Commission’s is implemented within six (6) months of
Appendix II—List of Topics Discussed in the (Commission) Interstate Fishery the 30-Day Determination. In other
Issues and Decision Memorandum Management Plan for American Eel words, although the implementation of
I. Summary (Plan) and that the measures Delaware the moratorium is non-discretionary, the
II. Background has failed to implement and enforce are AA has the discretion to decide when
III. Scope Comments necessary for the conservation of the the moratorium will be implemented
IV. Scope of the Investigation American eel resource. This
V. Margin Calculations subject to the Act’s six (6) month
VI. Discussion of the Issues determination is consistent with the deadline.
1. Imperial and AmCane’s Standing to findings of the Commission on August
6, 2015. Pursuant to the Act, a Federal Commission Referral of Non-
Request Continuation of the
Compliance
mstockstill on DSK4VPTVN1PROD with NOTICES
Investigation moratorium on fishing, possession, and
2. Use of Revised Scope for Final landing of all American eel is hereby On August 6, 2015, the Commission
Determination declared and will be effective on March found that the State of Delaware is out
18, 2016. The moratorium will be of compliance with the Commission
16 This exclusion applies to sugar imported under
withdrawn by NMFS when Delaware is Plan. Specifically, the Commission
the Refined Sugar Re-Export Program, the Sugar-
Containing Products Re-Export Program, and the
found to have come back into found that Delaware has not
Polyhydric Alcohol Program administered by the compliance with the Commission’s Plan implemented regulations that are
U.S. Department of Agriculture. for American Eel. necessary to rebuild the depleted
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Document Created: 2015-12-15 09:44:39
Document Modified: 2015-12-15 09:44:39
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Contact | David Lindgren, 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- 3870. | |
| FR Citation | 80 FR 57341 |
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