81 FR 87541 - Antidumping Duty Suspension Agreement on Sugar From Mexico; Administrative Review
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 233 (December 5, 2016)
International Trade Administration
Federal Register Volume 81, Issue 233 (December 5, 2016)
| Page Range | 87541-87543 | |
| FR Document | 2016-29074 |
[Federal Register Volume 81, Number 233 (Monday, December 5, 2016)] [Notices] [Pages 87541-87543] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-29074] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-201-845] Antidumping Duty Suspension Agreement on Sugar From Mexico; Administrative Review AGENCY: Enforcement & Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is conducting an administrative review of the Agreement Suspending the Antidumping Duty Investigation of Sugar from Mexico (the AD Agreement) for the period December 19, 2014, through November 30, 2015 (AD 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 terms of the AD Agreement, and further, that the AD Agreement may no longer be meeting all of the statutory requirements, as set forth in sections 734(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 Mexican signatories subject to individual examination in this review are in compliance with the terms of the AD Agreement, and whether the current AD 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 addressing 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. DATES: Effective December 5, 2016. FOR FURTHER INFORMATION CONTACT: Sally C. Gannon or Julie H. Santoboni, 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) 482-3063. SUPPLEMENTARY INFORMATION: [[Page 87542]] Scope of Review Merchandise covered by this AD Agreement is typically imported under the following headings of the HTSUS: 1701.12.1000, 1701.12.5000, 1701.13.1000, 1701.13.5000, 1701.14.1000, 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 AD 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 734(c) of the Act, with a representative of Mexican sugar producers/exporters accounting for substantially all imports of sugar from Mexico, suspending the antidumping 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 AD Agreement (a section 734(h) review).\3\ On January 16, 2015, Imperial and AmCane also submitted timely requests for continuation of the AD investigation.\4\ On March 19, 2015, in a unanimous vote, the ITC found that the AD 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 AD 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.\8\ Because the ITC determined that such injury did exist, consistent with section 734(f)(3)(B) of the Act, the AD Agreement remained in force.\9\ --------------------------------------------------------------------------- \2\ See Sugar from Mexico: Suspension of Antidumping Duty Investigation, 79 FR 78039 (December 29, 2014), at Attachment, ``Agreement Suspending the Antidumping Duty Investigation on Sugar from Mexico'' (the AD Agreement). \3\ See Sugar From Mexico: Continuation of Antidumping and Countervailing Duty Investigations, 80 FR 25278, 25279 (May 4, 2015) (Continuation Notice). \4\ See id. \5\ See id., at 25280. \6\ See id. \7\ See Sugar from Mexico: Final Determination of Sales at Less Than Fair Value, 80 FR 57341 (September 23, 2015) (Final LTVF Determination). \8\ See Sugar from Mexico (Investigation Nos. 701-TA-513 and 731-TA-1249 (Final)), 80 FR 70833 (November 16, 2015). \9\ See also Final LTVF Determination, 80 FR at 57342. Pursuant to section 734(f)(3)(B) of the Act, the AD Agreement remains in force 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. --------------------------------------------------------------------------- On December 30, 2015, Imperial and AmCane submitted requests for an administrative review of the AD Agreement.\10\ On December 31, 2015, the American Sugar Coalition and its Members (Petitioners) filed a request for an administrative review of the AD Agreement.\11\ --------------------------------------------------------------------------- \10\ See Letter from Imperial, ``Sugar from Mexico, Inv. No. A- 201-845--Request for Administrative Review of the Agreement Suspending the Antidumping Duty Investigation,'' December 30, 2015; Letter from AmCane, ``Sugar from Mexico: Request for Administrative Reviews,'' December 30, 2015. \11\ See Letter from American Sugar Coalition and its Members, ``Sugar from Mexico: Request for Administrative Review,'' December 31, 2015. --------------------------------------------------------------------------- The review of the AD Agreement was initiated on February 9, 2015, for the December 19, 2014 through November 30, 2015, period of review.\12\ On June 2, 2016, the Department selected mandatory respondents,\13\ the two largest signatories, Central Motzorongo S.A. de C.V. and its affiliates (Motzorongo) and Fideicomiso Ingenio San Cristobal and its affiliates (San Cristobal). --------------------------------------------------------------------------- \12\ See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 81 FR 6832 (February 9, 2016). \13\ See Department Memorandum, ``First Administrative Review of the Agreement Suspending the Antidumping Duty Investigation on Sugar from Mexico: Questionnaire Issuance,'' June 2, 2016. --------------------------------------------------------------------------- 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 AD Agreement, each signatory producer/exporter individually agrees that it will not sell the subject merchandise at less than the reference prices established in Appendix I to the AD Agreement.\14\ Each signatory producer/exporter also individually agrees that, for each entry, 85 percent of the dumping determined in the investigation will be eliminated.\15\ In addition, in this review, the Department is reassessing whether suspension of the AD Agreement is in the ``public interest,'' including the availability of supplies of sugar in the U.S. market, and whether ``effective monitoring'' is practicable. --------------------------------------------------------------------------- \14\ See Agreement, 79 FR 78040, 78041. \15\ See id., at 78042. --------------------------------------------------------------------------- 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 terms of the AD Agreement, and further, that the AD Agreement may no longer be meeting all of the statutory requirements, as set forth in sections 734(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 respondents have adhered to the terms of the AD Agreement and whether the AD 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 two 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 business proprietary document and a public version 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, the public version of the Preliminary Decision Memorandum can be found on the Internet at http://www.trade.gov/enforcement. The signed [[Page 87543]] 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 findings on these issues as soon as practicable. The comment period on these preliminary results as well as the post- preliminary results will be established at the release of the post- preliminary results. At that time interested parties will have the opportunity to submit case and rebuttal briefs, as well as to request a hearing pursuant to 19 CFR 351.310(c). 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. 2016-29074 Filed 12-2-16; 8:45 am] BILLING CODE 3510-DS-P
![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:
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![Federal Register / Vol. 81, No. 233 / Monday, December 5, 2016 / Notices 87543
Preliminary Decision Memorandum and NW., Washington, DC 20230; telephone: Assessment
the electronic version of the Preliminary (202) 482–0768 and (202) 482–8184,
Decision Memorandum are identical in respectively. The Department will instruct U.S.
content. Customs and Border Protection (CBP) to
SUPPLEMENTARY INFORMATION:
assess antidumping duties on all
Public Comment Background appropriate entries of prestressed
As discussed above, the Department On June 2, 2016, the Department concrete steel rail tie wire from Mexico.
needs additional information before published in the Federal Register a Antidumping duties shall be assessed at
making a definitive preliminary finding. notice of ‘‘Opportunity to Request rates equal to the cash deposit of
Therefore, absent the issuance of a Administrative Review’’ of the estimated antidumping duties required
revised suspension agreement, we antidumping duty order on prestressed at the time of entry, or withdrawal from
intend to issue our post-preliminary concrete steel rail tie wire from Mexico warehouse, for consumption, in
findings on these issues as soon as for the period of June 1, 2015, through accordance with 19 CFR
practicable. The comment period on May 31, 2016.1 351.212(c)(1)(i). The Department
these preliminary results as well as the On June 20, 2016, in accordance with intends to issue appropriate assessment
post-preliminary results will be section 751(a) of the Tariff Act of 1930, instructions directly to CBP 41 days
established at the release of the post- as amended (the Act), and 19 CFR after the date of publication of this
preliminary results. At that time 351.213(b), the Department received a notice in the Federal Register.
interested parties will have the timely request from Aceros Camesa,
opportunity to submit case and rebuttal S.A. de C.V. (Camesa), a Mexican Notification to Importers
briefs, as well as to request a hearing producer and exporter of the subject
pursuant to 19 CFR 351.310(c). merchandise, to conduct an This notice serves as the only
The Department intends to issue the administrative review.2 Camesa was the reminder to importers of their
final results of this administrative only party to request an administrative responsibility, under 19 CFR
review, including the results of its review in this segment of the 351.402(f)(2), to file a certificate
analysis of the issues raised in any proceeding. regarding the reimbursement of
written briefs, not later than 120 days On August 11, 2016, the Department antidumping duties prior to liquidation
after the date of publication of this published in the Federal Register a of the relevant entries during this
notice, pursuant to section 751(a)(3)(A) notice of initiation of an administrative review period. Failure to comply with
of the Act. review of the antidumping duty order this requirement may result in the
We are issuing and publishing these on prestressed concrete steel rail tie presumption that reimbursement of
results in accordance with sections wire from Mexico.3 On November 7, antidumping duties occurred and the
751(a)(1) and 777(i)(1) of the Act. 2016, Camesa timely withdrew its subsequent assessment of double
Dated: November 29, 2016. request for review.4 antidumping duties.
Paul Piquado, Rescission of Review
Notification Regarding Administrative
Assistant Secretary for Enforcement and Pursuant to 19 CFR 351.213(d)(1), the
Compliance.
Protective Order
Department will rescind an
[FR Doc. 2016–29074 Filed 12–2–16; 8:45 am] administrative review, in whole or in This notice serves as the only
BILLING CODE 3510–DS–P part, if a party that requested a review reminder to parties subject to
withdraws the request within 90 days of administrative protective order (APO) of
the date of publication of the notice of their responsibility concerning the
DEPARTMENT OF COMMERCE initiation of the requested review. disposition of proprietary information
International Trade Administration Camesa timely withdrew its review disclosed under APO in accordance
request before the 90-day deadline, and with 19 CFR 351.305(a)(3). Timely
[A–201–843] no other party requested an written notification of the return or
administrative review of the destruction of APO materials or
Prestressed Concrete Steel Rail Tie antidumping duty order. Therefore, in
Wire From Mexico: Rescission of conversion to judicial protective order is
response to the timely withdrawal of the hereby requested. Failure to comply
Antidumping Duty Administrative review request, the Department is
Review; 2015–2016 with the regulations and the terms of an
rescinding in its entirety the APO is a sanctionable violation.
AGENCY: Enforcement and Compliance, administrative review of the
antidumping duty order on prestressed This notice is published in
International Trade Administration,
concrete steel rail tie wire from Mexico accordance with section 751 of the Act
Department of Commerce.
covering the period June 1, 2015, and 19 CFR 351.213(d)(4).
SUMMARY: The Department of Commerce
(the Department) is rescinding the through May 31, 2016. Dated: November 30, 2016.
administrative review of the 1 See Antidumping or Countervailing Duty Order,
Christian Marsh,
antidumping duty order on prestressed Finding, or Suspended Investigation; Opportunity Deputy Assistant Secretary for Antidumping
concrete steel rail tie wire from Mexico to Request Administrative Review, 81 FR 35301 and Countervailing Duty Operations.
for the period June 1, 2015, through May (June 2, 2016). [FR Doc. 2016–29073 Filed 12–2–16; 8:45 am]
31, 2016. 2 See Camesa’s letter, ‘‘Prestressed Concrete Steel
sradovich on DSK3GMQ082PROD with NOTICES
BILLING CODE 3510–DS–P
Rail Tie Wire from Mexico; Request for
DATES: Effective December 5, 2016. Administrative Review,’’ dated June 20, 2016.
FOR FURTHER INFORMATION CONTACT: 3 See Initiation of Antidumping and
Aqmar Rahman or Jesus Saenz, AD/CVD Countervailing Duty Administrative Reviews, 81 FR
Operations, Office VIII, Enforcement 53121 (August 11, 2016).
4 See Camesa’s letter, ‘‘Prestressed Concrete Steel
and Compliance, International Trade Rail Tie Wire from Mexico: Withdrawal of Camesa’s
Administration, U.S. Department of Administrative Review Request,’’ dated November
Commerce, 1401 Constitution Avenue 7, 2016.
VerDate Sep<11>2014 19:12 Dec 02, 2016 Jkt 241001 PO 00000 Frm 00014 Fmt 4703 Sfmt 9990 E:\FR\FM\05DEN1.SGM 05DEN1](https://thefederalregister.org/doc/81_FR_87774/page/3.svg)
Document Created: 2016-12-03 00:26:16
Document Modified: 2016-12-03 00:26:16
| 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 | |
| Dates | Effective December 5, 2016. | |
| Contact | Sally C. Gannon or Julie H. Santoboni, 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) 482-3063. | |
| FR Citation | 81 FR 87541 |
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