81_FR_87772 81 FR 87539 - Suspension Agreement on Sugar From Mexico; Administrative Review of the Agreement Suspending the Countervailing Duty Investigation on Sugar From Mexico

81 FR 87539 - Suspension Agreement on Sugar From Mexico; Administrative Review of the Agreement Suspending the Countervailing Duty Investigation on Sugar From Mexico

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 233 (December 5, 2016)

Page Range87539-87541
FR Document2016-29075

The Department of Commerce (the Department) is conducting an administrative review of the Agreement Suspending the Countervailing Duty Investigation of Sugar from Mexico (the CVD Agreement) for the period December 19, 2014, through December 31, 2015 (CVD review). Based upon the current record of this review, there is some indication that certain individual transactions of subject merchandise may not be in compliance with the CVD Agreement, and further, that the CVD Agreement may no longer be meeting all of the statutory requirements, as set forth in sections 704(c) and (d) of the Tariff Act of 1930, as amended (the Act). The Department, therefore, needs to obtain additional information in order to confirm whether the Government of Mexico (GOM)--the signatory to the CVD Agreement--is in compliance with the terms of the CVD Agreement, and whether the current CVD Agreement continues to meet the relevant statutory requirements referenced above. The preliminary results are set forth in the section titled ``Methodology and Preliminary Results,'' infra. Absent the issuance of a revised suspension agreement, we intend to issue a post-preliminary finding on these issues as soon as practicable. In addition, we expect to issue the final results of review within 120 days after publication of these preliminary results in the Federal Register.

Federal Register, Volume 81 Issue 233 (Monday, December 5, 2016)
[Federal Register Volume 81, Number 233 (Monday, December 5, 2016)]
[Notices]
[Pages 87539-87541]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29075]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-201-846]


Suspension Agreement on Sugar From Mexico; Administrative Review 
of the Agreement Suspending the Countervailing Duty Investigation on 
Sugar From Mexico

AGENCY: Enforcement & Compliance, International Trade Administration, 
Department of Commerce.

DATES: Effective December 5, 2016.
SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the Agreement Suspending the Countervailing 
Duty Investigation of Sugar from Mexico (the CVD Agreement) for the 
period December 19, 2014, through December 31, 2015 (CVD review). Based 
upon the current record of this review, there is some indication that 
certain individual

[[Page 87540]]

transactions of subject merchandise may not be in compliance with the 
CVD Agreement, and further, that the CVD Agreement may no longer be 
meeting all of the statutory requirements, as set forth in sections 
704(c) and (d) of the Tariff Act of 1930, as amended (the Act). The 
Department, therefore, needs to obtain additional information in order 
to confirm whether the Government of Mexico (GOM)--the signatory to the 
CVD Agreement--is in compliance with the terms of the CVD Agreement, 
and whether the current CVD Agreement continues to meet the relevant 
statutory requirements referenced above. The preliminary results are 
set forth in the section titled ``Methodology and Preliminary 
Results,'' infra. Absent the issuance of a revised suspension 
agreement, we intend to issue a post-preliminary finding on these 
issues as soon as practicable. In addition, we expect to issue the 
final results of review within 120 days after publication of these 
preliminary results in the Federal Register.

FOR FURTHER INFORMATION CONTACT: Sally C. Gannon or David Cordell, 
Enforcement & Compliance, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230, telephone: (202) 482-0162 or (202) 482-0408.

SUPPLEMENTAL INFORMATION: 

Scope of Review

    Merchandise covered by this CVD Agreement is typically imported 
under the following headings of the HTSUS: 1701.12.1000, 1701.12.5000, 
1701.13.1000, 1701.13.5000, 1701.14.1000, 1701.14.5000, 1701.91.1000, 
1701.91.3000, 1701.99.1010, 1701.99.1025, 1701.99.1050, 1701.99.5010, 
1701.99.5025, 1701.99.5050, and 1702.90.4000. The tariff classification 
is provided for convenience and customs purposes; however, the written 
description of the scope of this CVD Agreement is dispositive.\1\
---------------------------------------------------------------------------

    \1\ For a complete description of the Scope of the Order, see 
Memorandum to Paul Piquado, Assistant Secretary for Enforcement and 
Compliance, from Carole Showers, Director, Office of Policy, 
``Decision Memorandum for Preliminary Results of Administrative 
Review of the Agreement Suspending the Antidumping Duty 
Investigation on Sugar from Mexico,'' dated concurrently with and 
adopted by this notice (``Preliminary Decision Memorandum'').
---------------------------------------------------------------------------

Methodology and Preliminary Results

    On December 19, 2014, the Department signed an agreement under 
section 704(c) of the Act, with the GOM, suspending the countervailing 
duty investigation on sugar from Mexico.\2\ On January 8, 2015, 
Imperial Sugar Company (Imperial) and AmCane Sugar LLC (AmCane) each 
notified the Department that they had petitioned the U.S. International 
Trade Commission (the ITC) to conduct a review to determine whether the 
injurious effects of imports of the subject merchandise are eliminated 
completely by the CVD Agreement (a section 704(h) review).\3\ On 
January 16, 2015, Imperial and AmCane also submitted timely requests 
for continuation of the CVD investigation.\4\ On March 19, 2015, in a 
unanimous vote, the ITC found that the CVD Agreement eliminates 
completely the injurious effects of imports of sugar from Mexico.\5\ 
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.\6\ On 
September 23, 2015, the Department issued a final affirmative 
determination in the CVD investigation.\7\ On November 16, 2015, the 
ITC published its final affirmative finding that an industry in the 
United States is materially injured by reason of imports of sugar from 
Mexico found to be subsidized by the GOM.\8\ Because the ITC determined 
that such injury did exist, consistent with section 704(f)(3)(B) of the 
Act, the CVD Agreement remained in force.\9\
---------------------------------------------------------------------------

    \2\ See Agreement Suspending the Countervailing Duty 
Investigation on Sugar from Mexico, 79 FR 78044 (December 29, 2014), 
at Attachment, ``Agreement Suspending the Countervailing Duty 
Investigation on Sugar from Mexico'' (the CVD Agreement).
    \3\ See Letter from Imperial, ``Sugar from Mexico--Notice of 
Filing of Petition for Review of Suspension Agreements to Eliminate 
the Injurious Effect of Subject Imports,'' January 8, 2015; see also 
Letter from AmCane, ``Sugar from Mexico: Notice of Petition for 
Review of Suspension Agreements,'' January 8, 2015.
    \4\ See Letter from Imperial, ``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 from Mexico: 
Request for Continuation of Investigations,'' January 16, 2015.
    \5\ See Department Memorandum, ``Requests to Continue the 
Antidumping and Countervailing Duty Investigations on Sugar from 
Mexico,'' March 19, 2015.
    \6\ See id.
    \7\ See Sugar from Mexico: Final Affirmative Countervailing Duty 
Determination, 80 FR 57337 (September 23, 2015).
    \8\ See Sugar from Mexico (Investigation Nos. 701-TA-513 and 
731-TA-1249 (Final)), 80 FR 70833 (November 16, 2015).
    \9\ See Final CVD Determination, 80 FR at 57339. Pursuant to 
section 704(f)(3)(B) of the Act, the CVD Agreement remains in force 
and the Department shall not issue an countervailing order so long 
as (i) the CVD Suspension Agreement remains in force, (ii) the CVD 
Suspension Agreement continues to meet the requirements of 
subsections 704(c) and 704(d) of the Act, and (iii) the parties to 
the CVD Suspension Agreement carry out their obligations under the 
CVD Suspension Agreement in accordance with its terms.
---------------------------------------------------------------------------

    On December 30, 2015, Imperial and AmCane submitted requests for an 
administrative review of the CVD Agreement.\10\ On December 31, 2015, 
the American Sugar Coalition and its Members \11\ (Petitioners) filed a 
request for an administrative review of the CVD Agreement.\12\
---------------------------------------------------------------------------

    \10\ See Letter from Imperial, ``Sugar from Mexico, Inv. No. C-
201-846--Request for Administrative Review of the Agreement 
Suspending the Countervailing Duty Investigation,'' December 30, 
2015; Letter from AmCane, ``Sugar from Mexico: Request for 
Administrative Reviews,'' December 30, 2015.
    \11\ The members of the American Sugar Coalition are as follows: 
American Sugar Cane League, American Sugarbeet Growers Association, 
American Sugar Refining, Inc., Florida Sugar Cane League, Hawaiian 
Commercial and Sugar Company, Rio Grande Valley Sugar Growers, Inc., 
Sugar Cane Growers Cooperative of Florida, and the United States 
Beet Sugar Association.
    \12\ See Letter from American Sugar Coalition and its Members, 
``Sugar from Mexico: Request for Administrative Review,'' December 
31, 2015.
---------------------------------------------------------------------------

    The review of the CVD Agreement was initiated on February 9, 
2015,\13\ for the December 19, 2014 through December 31, 2014, period 
of review (POR) but was extended on March 16, 2016, to include calendar 
year 2015.\14\ On June 2, 2016, the Department selected mandatory 
respondents \15\ and issued its questionnaire to the GOM, the signatory 
to the CVD Agreement, and asked the GOM to send full questionnaires 
(Attachment 2) to two companies (and their respective affiliates): 
Central Motzorongo S.A. de C.V. (Motzorongo) and Fideicomiso Ingenio 
San Cristobal (San Cristobal). The Department also asked that the GOM 
forward a more limited questionnaire (Attachment 1) to all Mexican 
producers and exporters of sugar to whom the GOM issued an export 
license in the POR.\16\
---------------------------------------------------------------------------

    \13\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 6832 (February 9, 2016).
    \14\ On March 16, 2016, the Department expanded the period of 
review for the CVD Agreement from December 19, 2014, through 
December 31, 2014, to include calendar year 2015. As such, the 
period of review for the instant review is December 19, 2014, 
through December 31, 2015. See Memorandum to Lynn Fischer Fox 
entitled ``First Administrative Review of the Agreement Suspending 
the Countervailing Duty Investigation on Sugar from Mexico: 
Extending the Period of Review'' (March 16, 2016).
    \15\ See Department Memorandum, ``First Administrative Review of 
the Agreement Suspending the Countervailing Duty Investigation on 
Sugar from Mexico: Questionnaire Issuance,'' June 2, 2016.
    \16\ See Questionnaire Regarding the Agreement Suspending the 
Countervailing Duty Investigation on Sugar from Mexico for the 
December 19, 2014 through December 31, 2015 Period of Review, dated 
June 2, 2016.

---------------------------------------------------------------------------

[[Page 87541]]

    The Department has conducted this review in accordance with section 
751(a)(1)(C) of the Act, which specifies that the Department shall 
``review the current status of, and compliance with, any agreement by 
reason of which an investigation was suspended.'' Pursuant to the CVD 
Agreement, the GOM agreed that the subject merchandise would be subject 
to export limits as outlined in the CVD Agreement.\17\ The Government 
also agreed to other conditions including limits on Refined Sugar \18\ 
and the issuance of shipment-specific export licenses.\19\ In addition, 
in this review, the Department is reassessing whether suspension of the 
CVD Agreement is in the ``public interest,'' including the availability 
of supplies of sugar in the U.S. market, and whether ``effective 
monitoring'' is practicable.\20\
---------------------------------------------------------------------------

    \17\ See Agreement, 79 FR 78040, 78047 at Export Limits.
    \18\ See id., 79 FR 78046-78047 at Definitions and Export 
Limits.
    \19\ See id., 79 FR 78048 at Export Limits and Implementation.
    \20\ See Memorandum to Paul Piquado entitled ``Agreement 
Suspending the Countervailing Duty Investigation on Sugar from 
Mexico: Existence of Extraordinary Circumstances, Public Interest, 
and Effective Monitoring Assessments) (December 19, 2014) at pages 
3-5.
---------------------------------------------------------------------------

    After reviewing the information received to date from the 
respondent companies in their questionnaire responses, there is some 
indication that certain individual transactions of subject merchandise 
may not be in compliance with the CVD Agreement and that the CVD 
Agreement may no longer be meeting all of the statutory requirements, 
as set forth in sections 704(c) and (d) of the Tariff Act of 1930 (the 
Act). However, based on the Department's review to date of the record 
information, we do not yet find a sufficient basis to make a reliable 
judgment as to whether the GOM and the Mexican respondent mills have 
adhered to the terms of the CVD Agreement and whether the CVD Agreement 
continues to meet the relevant requirements of the Act for such 
agreements. As detailed above, the Department found it necessary, late 
in the review, to seek additional information, i.e., in supplemental 
questionnaires issued to the GOM and to its two selected mill 
respondents on November 18, 2016, in order to reach a determination as 
to whether the Agreement is functioning as intended, is in the public 
interest and whether it can be effectively monitored. For a full 
description of the methodology underlying our conclusions, see 
Preliminary Decision Memorandum, dated concurrently with these results 
and hereby adopted by this notice. The Preliminary Decision Memorandum 
is a public document and is made available via Enforcement & 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
https://access.trade.gov and in the Department's Central Records Unit, 
located in Room 18022 of the main Department of Commerce building. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be found on the Internet at http://www.trade.gov/enforcement. The 
signed Preliminary Decision Memorandum and the electronic version of 
the Preliminary Decision Memorandum are identical in content.

Public Comment

    As discussed above, the Department needs additional information 
before making a definitive preliminary finding. Therefore, absent the 
issuance of a revised suspension agreement, we intend to issue our 
post-preliminary finding on these issues as soon as practicable. The 
comment period on these preliminary results as well as the post-
preliminary results will be stated with the release of the post-
preliminary results. At that time interested parties will have the 
opportunity to submit case and rebuttal briefs.
    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, or to participate if one is requested, must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, filed electronically via ACCESS. An electronically filed 
document must be received successfully in its entirety by the 
Department's electronic records system, ACCESS, by 5 p.m. Eastern Time 
within 30 days after the date of the issuance of the post-preliminary 
results. Requests should contain: (1) The party's name, address and 
telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
those raised in the respective case briefs. The Department intends to 
issue the final results of this administrative review, including the 
results of its analysis of the issues raised in any written briefs, not 
later than 120 days after the date of publication of this notice, 
pursuant to section 751(a)(3)(A) of the Act.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: November 29, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-29075 Filed 12-2-16; 8:45 am]
BILLING CODE 3510-DS-P



                                                                            Federal Register / Vol. 81, No. 233 / Monday, December 5, 2016 / Notices                                                  87539

                                                  confidentiality, latency, and                         replicate the expertise of the departing              at which the nominator can be
                                                  consistency;                                          member or provide the CDAC with a                     contacted.
                                                —Opportunities and risks related to the                 new, identified needed area of expertise.                The Department of Commerce is
                                                  combination of public and private                     An individual chosen to fill a vacancy                committed to equal opportunity in the
                                                  data sources and the development of                   shall be appointed for the remainder of               workplace and seeks diverse Committee
                                                  joint data products and services                      the term of the member replaced or for                membership. The Department has
                                                  resulting from public-private                         a two-year term as deemed. A vacancy                  special interest in assuring that women,
                                                  partnerships;                                         shall not affect the exercise of any                  minority groups, and the physically
                                                —External uses of Commerce data and                     power of the remaining members to                     disabled are adequately represented on
                                                  similar federal, state, and private data              execute the duties of the Council.                    advisory committees; and therefore,
                                                  sets by businesses; and,                                 10. No employee of the federal                     extends particular encouragement to
                                                —Methods to enhance communication                       government can serve as a member of                   nominations for appropriately qualified
                                                  and collaboration between                             the Census Scientific Advisory                        female, minority, or disabled
                                                  stakeholders and subject-matter                       Committee.                                            candidates. The Department of
                                                  experts at Commerce on data access                       All members of the Commerce Data                   Commerce also encourages geographic
                                                  and use.                                              Advisory Council shall adhere to the                  diversity in the composition of the
                                                  The Council meets up to four times a                  conflict of interest rules applicable to              Council. All nomination information
                                                year, budget permitting. Special                        Special Government Employees as such                  should be provided in a single,
                                                meetings may be called when                             employees are defined in 18 U.S.C.                    complete package and received by the
                                                appropriate.                                            202(a). These rules include relevant                  stated deadline, December 16, 2016.
                                                  Federal Advisory Committee Act (5                     provisions in 18 U.S.C. related to                    Interested applicants should send their
                                                U.S.C. Appendix 2), which sets forth                    criminal activity, Standards of Ethical               nomination package to the email or
                                                standards for the formation and use of                  Conduct for Employees of the Executive                postal address provided above.
                                                advisory committees, is the governing                   Branch (5 CFR part 2635), and Executive                  Potential candidates will be asked to
                                                instrument for the CDAC.                                Order 12674 (as modified by Executive                 provide detailed information concerning
                                                III. Membership                                         Order 12731).                                         financial interests, consultancies,
                                                                                                                                                              research grants, and/or contracts that
                                                   1. The Council shall consist of up to                IV. Compensation                                      might be affected by recommendations
                                                20 members.                                               1. Membership is under voluntary                    of the Council to permit evaluation of
                                                   2. The Secretary shall select and                    circumstances and therefore members                   possible sources of conflicts of interest.
                                                appoint members and members shall                       do not receive compensation for service               Finally, nominees will be required to
                                                serve at the pleasure of the Secretary.                 on the Commerce Data Advisory                         certify that they are not subject to the
                                                   3. Members shall represent a cross-                                                                        Foreign Agents Registration Act (22
                                                                                                        Council.
                                                section of business, academic, non-                                                                           U.S.C. 611) or the Lobbying Disclosure
                                                                                                          2. Members shall receive per diem
                                                profit, and non-governmental                                                                                  Act (2 U.S.C. 1601 et seq.).
                                                                                                        and travel expenses as authorized by 5
                                                organizations.
                                                   4. The Secretary will choose members                 U.S.C. 5703, as amended, for persons                    Dated: November 28, 2016.
                                                of the Council who ensure objectivity                   employed intermittently in the                        Burton Reist,
                                                and balance, a diversity of perspectives,               Government service.                                   Director of External Affairs, Economics and
                                                and guard against potential for conflicts               V. Nominations Information                            Statistics Administration.
                                                of interest.                                                                                                  [FR Doc. 2016–29037 Filed 12–2–16; 8:45 am]
                                                   5. Members shall be prominent                           The Secretary will consider
                                                                                                                                                              BILLING CODE P
                                                experts in their fields, recognized for                 nominations of all qualified individuals
                                                their professional and other relevant                   to ensure that the CDAC includes the
                                                achievements and their objectivity.                     areas of subject matter expertise noted               DEPARTMENT OF COMMERCE
                                                   6. In order to ensure the continuity of              above (see ’’Background and
                                                the Commerce Data Advisory Council,                     Membership’’). Individuals may                        International Trade Administration
                                                the Council shall be appointed so that                  nominate themselves or other
                                                                                                                                                              [C–201–846]
                                                each year the terms expire of                           individuals, and professional
                                                approximately one-third of the members                  associations and organizations may                    Suspension Agreement on Sugar From
                                                of the Council.                                         nominate one or more qualified persons                Mexico; Administrative Review of the
                                                   7. Council members serve for terms of                for membership on the CDAC.                           Agreement Suspending the
                                                two years and may be reappointed to                     Nominations shall state that the                      Countervailing Duty Investigation on
                                                any number of additional terms. Initial                 nominee is willing to serve as a member               Sugar From Mexico
                                                appointments may be for 12-, 18- and                    of the Council. A nomination package
                                                24-month increments to provide                          should include the following                          AGENCY:  Enforcement & Compliance,
                                                staggered terms.                                        information for each nominee:                         International Trade Administration,
                                                   8. Nominees must be able to actively                    1. A letter of nomination stating the              Department of Commerce.
                                                participate in the tasks of the Council,                name, affiliation, and contact                        DATES: Effective December 5, 2016.
                                                including, but not limited to regular                   information for the nominee, the basis                SUMMARY: The Department of Commerce
                                                meeting attendance, Council meeting                     for the nomination (i.e., what specific               (the Department) is conducting an
                                                                                                        attributes recommend him/her for                      administrative review of the Agreement
sradovich on DSK3GMQ082PROD with NOTICES




                                                discussant responsibilities, and review
                                                of materials, as well as participation in               service in this capacity), and the                    Suspending the Countervailing Duty
                                                conference calls, webinars, working                     nominee’s field(s) of expertise;                      Investigation of Sugar from Mexico (the
                                                groups, and special Council activities.                    2. A biographical sketch of the                    CVD Agreement) for the period
                                                   9. Should a council member be unable                 nominee and a copy of his/her resume                  December 19, 2014, through December
                                                to complete a two-year term and when                    or curriculum vitae; and                              31, 2015 (CVD review). Based upon the
                                                vacancies occur, the Secretary will                        3. The name, return address, email                 current record of this review, there is
                                                select replacements who can best either                 address, and daytime telephone number                 some indication that certain individual


                                           VerDate Sep<11>2014   19:12 Dec 02, 2016   Jkt 241001   PO 00000   Frm 00010   Fmt 4703   Sfmt 4703   E:\FR\FM\05DEN1.SGM   05DEN1


                                                87540                       Federal Register / Vol. 81, No. 233 / Monday, December 5, 2016 / Notices

                                                transactions of subject merchandise may                 investigation on sugar from Mexico.2 On                     On December 30, 2015, Imperial and
                                                not be in compliance with the CVD                       January 8, 2015, Imperial Sugar                          AmCane submitted requests for an
                                                Agreement, and further, that the CVD                    Company (Imperial) and AmCane Sugar                      administrative review of the CVD
                                                Agreement may no longer be meeting all                  LLC (AmCane) each notified the                           Agreement.10 On December 31, 2015,
                                                of the statutory requirements, as set                   Department that they had petitioned the                  the American Sugar Coalition and its
                                                forth in sections 704(c) and (d) of the                 U.S. International Trade Commission                      Members 11 (Petitioners) filed a request
                                                Tariff Act of 1930, as amended (the Act).               (the ITC) to conduct a review to                         for an administrative review of the CVD
                                                The Department, therefore, needs to                     determine whether the injurious effects                  Agreement.12
                                                obtain additional information in order                  of imports of the subject merchandise                       The review of the CVD Agreement
                                                to confirm whether the Government of                    are eliminated completely by the CVD                     was initiated on February 9, 2015,13 for
                                                Mexico (GOM)—the signatory to the                       Agreement (a section 704(h) review).3                    the December 19, 2014 through
                                                CVD Agreement—is in compliance with                     On January 16, 2015, Imperial and                        December 31, 2014, period of review
                                                the terms of the CVD Agreement, and                     AmCane also submitted timely requests                    (POR) but was extended on March 16,
                                                whether the current CVD Agreement                       for continuation of the CVD                              2016, to include calendar year 2015.14
                                                continues to meet the relevant statutory                investigation.4 On March 19, 2015, in a                  On June 2, 2016, the Department
                                                requirements referenced above. The                      unanimous vote, the ITC found that the                   selected mandatory respondents 15 and
                                                preliminary results are set forth in the                CVD Agreement eliminates completely                      issued its questionnaire to the GOM, the
                                                section titled ‘‘Methodology and                        the injurious effects of imports of sugar                signatory to the CVD Agreement, and
                                                Preliminary Results,’’ infra. Absent the                from Mexico.5 Subsequently, on April                     asked the GOM to send full
                                                issuance of a revised suspension                        24, 2015, the Department determined                      questionnaires (Attachment 2) to two
                                                agreement, we intend to issue a post-                   that AmCane and Imperial had standing                    companies (and their respective
                                                preliminary finding on these issues as                  to request continuation of this                          affiliates): Central Motzorongo S.A. de
                                                soon as practicable. In addition, we                    investigation and, as a result, published                C.V. (Motzorongo) and Fideicomiso
                                                expect to issue the final results of                    a continuation notice on May 4, 2015.6                   Ingenio San Cristobal (San Cristobal).
                                                review within 120 days after publication                On September 23, 2015, the Department                    The Department also asked that the
                                                of these preliminary results in the                     issued a final affirmative determination                 GOM forward a more limited
                                                Federal Register.                                       in the CVD investigation.7 On November                   questionnaire (Attachment 1) to all
                                                FOR FURTHER INFORMATION CONTACT:                        16, 2015, the ITC published its final                    Mexican producers and exporters of
                                                Sally C. Gannon or David Cordell,                       affirmative finding that an industry in                  sugar to whom the GOM issued an
                                                Enforcement & Compliance,                               the United States is materially injured                  export license in the POR.16
                                                International Trade Administration,                     by reason of imports of sugar from
                                                U.S. Department of Commerce, 14th                       Mexico found to be subsidized by the                     Suspension Agreement carry out their obligations
                                                Street and Constitution Avenue NW.,                     GOM.8 Because the ITC determined that                    under the CVD Suspension Agreement in
                                                Washington, DC 20230, telephone: (202)                  such injury did exist, consistent with                   accordance with its terms.
                                                                                                                                                                    10 See Letter from Imperial, ‘‘Sugar from Mexico,
                                                482–0162 or (202) 482–0408.                             section 704(f)(3)(B) of the Act, the CVD
                                                                                                                                                                 Inv. No. C–201–846—Request for Administrative
                                                SUPPLEMENTAL INFORMATION:                               Agreement remained in force.9                            Review of the Agreement Suspending the
                                                                                                                                                                 Countervailing Duty Investigation,’’ December 30,
                                                Scope of Review                                            2 See Agreement Suspending the Countervailing
                                                                                                                                                                 2015; Letter from AmCane, ‘‘Sugar from Mexico:
                                                                                                        Duty Investigation on Sugar from Mexico, 79 FR           Request for Administrative Reviews,’’ December 30,
                                                  Merchandise covered by this CVD                       78044 (December 29, 2014), at Attachment,                2015.
                                                Agreement is typically imported under                   ‘‘Agreement Suspending the Countervailing Duty              11 The members of the American Sugar Coalition
                                                the following headings of the HTSUS:                    Investigation on Sugar from Mexico’’ (the CVD            are as follows: American Sugar Cane League,
                                                1701.12.1000, 1701.12.5000,                             Agreement).                                              American Sugarbeet Growers Association,
                                                                                                           3 See Letter from Imperial, ‘‘Sugar from Mexico—
                                                1701.13.1000, 1701.13.5000,                                                                                      American Sugar Refining, Inc., Florida Sugar Cane
                                                                                                        Notice of Filing of Petition for Review of               League, Hawaiian Commercial and Sugar Company,
                                                1701.14.1000, 1701.14.5000,                             Suspension Agreements to Eliminate the Injurious         Rio Grande Valley Sugar Growers, Inc., Sugar Cane
                                                1701.91.1000, 1701.91.3000,                             Effect of Subject Imports,’’ January 8, 2015; see also   Growers Cooperative of Florida, and the United
                                                1701.99.1010, 1701.99.1025,                             Letter from AmCane, ‘‘Sugar from Mexico: Notice          States Beet Sugar Association.
                                                                                                        of Petition for Review of Suspension Agreements,’’          12 See Letter from American Sugar Coalition and
                                                1701.99.1050, 1701.99.5010,                             January 8, 2015.                                         its Members, ‘‘Sugar from Mexico: Request for
                                                1701.99.5025, 1701.99.5050, and                            4 See Letter from Imperial, ‘‘Sugar from Mexico,
                                                                                                                                                                 Administrative Review,’’ December 31, 2015.
                                                1702.90.4000. The tariff classification is              Inv. Nos. A–201–845 and C–201–846—Request for               13 See Initiation of Antidumping and
                                                provided for convenience and customs                    Continuation of Investigations,’’ January 16, 2015;      Countervailing Duty Administrative Reviews, 81 FR
                                                purposes; however, the written                          see also Letter from AmCane, ‘‘Sugar from Mexico:        6832 (February 9, 2016).
                                                                                                        Request for Continuation of Investigations,’’ January       14 On March 16, 2016, the Department expanded
                                                description of the scope of this CVD                    16, 2015.                                                the period of review for the CVD Agreement from
                                                Agreement is dispositive.1                                 5 See Department Memorandum, ‘‘Requests to
                                                                                                                                                                 December 19, 2014, through December 31, 2014, to
                                                                                                        Continue the Antidumping and Countervailing              include calendar year 2015. As such, the period of
                                                Methodology and Preliminary Results                     Duty Investigations on Sugar from Mexico,’’ March        review for the instant review is December 19, 2014,
                                                  On December 19, 2014, the                             19, 2015.                                                through December 31, 2015. See Memorandum to
                                                                                                           6 See id.
                                                Department signed an agreement under                                                                             Lynn Fischer Fox entitled ‘‘First Administrative
                                                                                                           7 See Sugar from Mexico: Final Affirmative            Review of the Agreement Suspending the
                                                section 704(c) of the Act, with the GOM,                Countervailing Duty Determination, 80 FR 57337           Countervailing Duty Investigation on Sugar from
                                                suspending the countervailing duty                      (September 23, 2015).                                    Mexico: Extending the Period of Review’’ (March
                                                                                                           8 See Sugar from Mexico (Investigation Nos. 701–      16, 2016).
                                                   1 For a complete description of the Scope of the     TA–513 and 731–TA–1249 (Final)), 80 FR 70833                15 See Department Memorandum, ‘‘First
sradovich on DSK3GMQ082PROD with NOTICES




                                                Order, see Memorandum to Paul Piquado, Assistant        (November 16, 2015).                                     Administrative Review of the Agreement
                                                Secretary for Enforcement and Compliance, from             9 See Final CVD Determination, 80 FR at 57339.        Suspending the Countervailing Duty Investigation
                                                Carole Showers, Director, Office of Policy,             Pursuant to section 704(f)(3)(B) of the Act, the CVD     on Sugar from Mexico: Questionnaire Issuance,’’
                                                ‘‘Decision Memorandum for Preliminary Results of        Agreement remains in force and the Department            June 2, 2016.
                                                Administrative Review of the Agreement                  shall not issue an countervailing order so long as          16 See Questionnaire Regarding the Agreement

                                                Suspending the Antidumping Duty Investigation on        (i) the CVD Suspension Agreement remains in force,       Suspending the Countervailing Duty Investigation
                                                Sugar from Mexico,’’ dated concurrently with and        (ii) the CVD Suspension Agreement continues to           on Sugar from Mexico for the December 19, 2014
                                                adopted by this notice (‘‘Preliminary Decision          meet the requirements of subsections 704(c) and          through December 31, 2015 Period of Review, dated
                                                Memorandum’’).                                          704(d) of the Act, and (iii) the parties to the CVD      June 2, 2016.



                                           VerDate Sep<11>2014   19:12 Dec 02, 2016   Jkt 241001   PO 00000   Frm 00011   Fmt 4703   Sfmt 4703   E:\FR\FM\05DEN1.SGM     05DEN1


                                                                            Federal Register / Vol. 81, No. 233 / Monday, December 5, 2016 / Notices                                                  87541

                                                   The Department has conducted this                    Preliminary Decision Memorandum is a                    Dated: November 29, 2016.
                                                review in accordance with section                       public document and is made available                 Paul Piquado,
                                                751(a)(1)(C) of the Act, which specifies                via Enforcement & Compliance’s                        Assistant Secretary for Enforcement and
                                                that the Department shall ‘‘review the                  Antidumping and Countervailing Duty                   Compliance.
                                                current status of, and compliance with,                 Centralized Electronic Service System                 [FR Doc. 2016–29075 Filed 12–2–16; 8:45 am]
                                                any agreement by reason of which an                     (ACCESS). ACCESS is available to                      BILLING CODE 3510–DS–P
                                                investigation was suspended.’’ Pursuant                 registered users at https://
                                                to the CVD Agreement, the GOM agreed                    access.trade.gov and in the
                                                that the subject merchandise would be                   Department’s Central Records Unit,                    DEPARTMENT OF COMMERCE
                                                subject to export limits as outlined in
                                                                                                        located in Room 18022 of the main                     International Trade Administration
                                                the CVD Agreement.17 The Government
                                                                                                        Department of Commerce building. In
                                                also agreed to other conditions                                                                               [A–201–845]
                                                including limits on Refined Sugar 18 and                addition, a complete version of the
                                                the issuance of shipment-specific export                Preliminary Decision Memorandum can
                                                                                                                                                              Antidumping Duty Suspension
                                                licenses.19 In addition, in this review,                be found on the Internet at http://
                                                                                                                                                              Agreement on Sugar From Mexico;
                                                the Department is reassessing whether                   www.trade.gov/enforcement. The signed                 Administrative Review
                                                suspension of the CVD Agreement is in                   Preliminary Decision Memorandum and
                                                the ‘‘public interest,’’ including the                  the electronic version of the Preliminary             AGENCY:   Enforcement & Compliance,
                                                availability of supplies of sugar in the                Decision Memorandum are identical in                  International Trade Administration,
                                                U.S. market, and whether ‘‘effective                    content.                                              Department of Commerce.
                                                monitoring’’ is practicable.20                                                                                SUMMARY: The Department of Commerce
                                                   After reviewing the information                      Public Comment                                        (the Department) is conducting an
                                                received to date from the respondent                       As discussed above, the Department                 administrative review of the Agreement
                                                companies in their questionnaire                        needs additional information before                   Suspending the Antidumping Duty
                                                responses, there is some indication that                                                                      Investigation of Sugar from Mexico (the
                                                                                                        making a definitive preliminary finding.
                                                certain individual transactions of                                                                            AD Agreement) for the period December
                                                                                                        Therefore, absent the issuance of a
                                                subject merchandise may not be in                                                                             19, 2014, through November 30, 2015
                                                                                                        revised suspension agreement, we
                                                compliance with the CVD Agreement                                                                             (AD review). Based upon the current
                                                and that the CVD Agreement may no                       intend to issue our post-preliminary                  record of this review, there is some
                                                longer be meeting all of the statutory                  finding on these issues as soon as                    indication that certain individual
                                                requirements, as set forth in sections                  practicable. The comment period on                    transactions of subject merchandise may
                                                704(c) and (d) of the Tariff Act of 1930                these preliminary results as well as the              not be in compliance with the terms of
                                                (the Act). However, based on the                        post-preliminary results will be stated               the AD Agreement, and further, that the
                                                Department’s review to date of the                      with the release of the post-preliminary              AD Agreement may no longer be
                                                record information, we do not yet find                  results. At that time interested parties              meeting all of the statutory
                                                a sufficient basis to make a reliable                   will have the opportunity to submit case              requirements, as set forth in sections
                                                judgment as to whether the GOM and                      and rebuttal briefs.                                  734(c) and (d) of the Tariff Act of 1930,
                                                the Mexican respondent mills have                          Pursuant to 19 CFR 351.310(c),                     as amended (the Act). The Department,
                                                adhered to the terms of the CVD                         interested parties who wish to request a              therefore, needs to obtain additional
                                                Agreement and whether the CVD                           hearing, or to participate if one is                  information in order to confirm whether
                                                Agreement continues to meet the                                                                               the Mexican signatories subject to
                                                                                                        requested, must submit a written
                                                relevant requirements of the Act for                                                                          individual examination in this review
                                                                                                        request to the Assistant Secretary for
                                                such agreements. As detailed above, the                                                                       are in compliance with the terms of the
                                                Department found it necessary, late in                  Enforcement and Compliance, filed
                                                                                                                                                              AD Agreement, and whether the current
                                                the review, to seek additional                          electronically via ACCESS. An
                                                                                                                                                              AD Agreement continues to meet the
                                                information, i.e., in supplemental                      electronically filed document must be
                                                                                                                                                              relevant statutory requirements
                                                questionnaires issued to the GOM and                    received successfully in its entirety by              referenced above. The preliminary
                                                to its two selected mill respondents on                 the Department’s electronic records                   results are set forth in the section titled
                                                November 18, 2016, in order to reach a                  system, ACCESS, by 5 p.m. Eastern                     ‘‘Methodology and Preliminary
                                                determination as to whether the                         Time within 30 days after the date of the             Results,’’ infra. Absent the issuance of a
                                                Agreement is functioning as intended, is                issuance of the post-preliminary results.             revised suspension agreement, we
                                                in the public interest and whether it can               Requests should contain: (1) The party’s              intend to issue a post-preliminary
                                                be effectively monitored. For a full                    name, address and telephone number;                   finding addressing these issues as soon
                                                description of the methodology                          (2) the number of participants; and (3)               as practicable. In addition, we expect to
                                                underlying our conclusions, see                         a list of issues to be discussed. Issues              issue the final results of review within
                                                Preliminary Decision Memorandum,                        raised in the hearing will be limited to              120 days after publication of these
                                                dated concurrently with these results                   those raised in the respective case                   preliminary results in the Federal
                                                and hereby adopted by this notice. The                  briefs. The Department intends to issue               Register.
                                                                                                        the final results of this administrative              DATES: Effective December 5, 2016.
                                                   17 See Agreement, 79 FR 78040, 78047 at Export

                                                Limits.
                                                                                                        review, including the results of its                  FOR FURTHER INFORMATION CONTACT:
                                                   18 See id., 79 FR 78046–78047 at Definitions and     analysis of the issues raised in any                  Sally C. Gannon or Julie H. Santoboni,
sradovich on DSK3GMQ082PROD with NOTICES




                                                Export Limits.                                          written briefs, not later than 120 days               Enforcement & Compliance,
                                                   19 See id., 79 FR 78048 at Export Limits and
                                                                                                        after the date of publication of this                 International Trade Administration,
                                                Implementation.
                                                   20 See Memorandum to Paul Piquado entitled
                                                                                                        notice, pursuant to section 751(a)(3)(A)              U.S. Department of Commerce, 14th
                                                ‘‘Agreement Suspending the Countervailing Duty          of the Act.                                           Street and Constitution Avenue NW.,
                                                Investigation on Sugar from Mexico: Existence of           We are issuing and publishing these                Washington, DC 20230, telephone: (202)
                                                Extraordinary Circumstances, Public Interest, and
                                                Effective Monitoring Assessments) (December 19,         results in accordance with sections                   482–0162 or (202) 482–3063.
                                                2014) at pages 3–5.                                     751(a)(1) and 777(i)(1) of the Act.                   SUPPLEMENTARY INFORMATION:



                                           VerDate Sep<11>2014   19:12 Dec 02, 2016   Jkt 241001   PO 00000   Frm 00012   Fmt 4703   Sfmt 4703   E:\FR\FM\05DEN1.SGM   05DEN1



Document Created: 2016-12-03 00:26:15
Document Modified: 2016-12-03 00:26:15
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
DatesEffective December 5, 2016.
ContactSally C. Gannon or David Cordell, Enforcement & Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, telephone: (202) 482-0162 or (202) 482-0408.
FR Citation81 FR 87539 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR