82_FR_27017 82 FR 26906 - Countervailing Duty Suspension Agreement on Sugar From Mexico: Rescission of 2014-2015 and 2015-2016 Administrative Reviews

82 FR 26906 - Countervailing Duty Suspension Agreement on Sugar From Mexico: Rescission of 2014-2015 and 2015-2016 Administrative Reviews

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 111 (June 12, 2017)

Page Range26906-26907
FR Document2017-12116

On May 1, 2017, the Department notified the Government of Mexico (GOM) of its intent to terminate the Agreement Suspending the Antidumping Duty Investigation on sugar from Mexico (CVD Agreement) unless a new agreement was reached on or before June 5, 2017. The Department subsequently modified its notice of intent to terminate the CVD Agreement, stating its continued intent to terminate the CVD Agreement unless an amended agreement was reached on or before June 6, 2017. Because the Department intends to terminate the CVD Agreement, or, in the alternative, amend the CVD Agreement prior to the expiration of the termination period, the two ongoing administrative reviews of the original CVD Agreement are now moot, and the Department is rescinding both reviews.

Federal Register, Volume 82 Issue 111 (Monday, June 12, 2017)
[Federal Register Volume 82, Number 111 (Monday, June 12, 2017)]
[Notices]
[Pages 26906-26907]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12116]



[[Page 26906]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[C-201-846]


Countervailing Duty Suspension Agreement on Sugar From Mexico: 
Rescission of 2014-2015 and 2015-2016 Administrative Reviews

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

SUMMARY: On May 1, 2017, the Department notified the Government of 
Mexico (GOM) of its intent to terminate the Agreement Suspending the 
Antidumping Duty Investigation on sugar from Mexico (CVD Agreement) 
unless a new agreement was reached on or before June 5, 2017. The 
Department subsequently modified its notice of intent to terminate the 
CVD Agreement, stating its continued intent to terminate the CVD 
Agreement unless an amended agreement was reached on or before June 6, 
2017. Because the Department intends to terminate the CVD Agreement, 
or, in the alternative, amend the CVD Agreement prior to the expiration 
of the termination period, the two ongoing administrative reviews of 
the original CVD Agreement are now moot, and the Department is 
rescinding both reviews.

DATES: Effective June 5, 2017.

FOR FURTHER INFORMATION CONTACT: Sally C. Gannon or David Cordell, 
Enforcement & Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230, telephone: (202) 482-0162 or (202) 482-0408.

SUPPLEMENTARY INFORMATION: 

Background

Investigation and Issuance of the CVD Agreement

    On April 17, 2014, the Department initiated a countervailing duty 
investigation under section 702 of the Tariff Act of 1930, as amended 
(the Act), to determine whether manufacturers, producers, or exporters 
of sugar from Mexico receive countervailable subsidies.\1\ On August 
25, 2014, the Department preliminarily determined that countervailable 
subsidies were being provided to producers and exporters of sugar from 
Mexico and aligned the final countervailing duty determination with the 
final antidumping duty determination.\2\
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    \1\ See Sugar from Mexico: Initiation of Countervailing Duty 
Investigation, 79 FR 22790 (April 24, 2014).
    \2\ See Sugar from Mexico: Preliminary Affirmative 
Countervailing Determination and Alignment of Final Countervailing 
Duty Determination With Final Antidumping Duty Determination, 79 FR 
51956 (September 2, 2014) (Preliminary Determination).
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    On December 19, 2014, the Department and the GOM signed the CVD 
Agreement, which suspended the CVD investigation.\3\ The basis for this 
action was an agreement between the Department and the GOM, wherein the 
GOM agreed to restrict the volume of direct or indirect exports to the 
United States of sugar from all Mexican producers/exporters in order to 
eliminate completely the injurious effects of exports of this 
merchandise to the United States. The GOM also agreed not to provide 
any new or additional export or import substitution subsidies on the 
subject merchandise.
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    \3\ See Sugar From Mexico: Suspension of Countervailing Duty 
Investigation, 79 FR 78044 (December 29, 2014).
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    On January 8, 2015, Imperial Sugar Company (Imperial) and AmCane 
Sugar LLC (AmCane) each notified the Department that they had 
petitioned the International Trade Commission (ITC) to conduct a review 
of the CVD Agreement under section 704(h) of the Act to determine 
whether the injurious effects of the imports of the subject merchandise 
are eliminated completely by the CVD Agreement. On March 19, 2015, in a 
unanimous vote, the ITC found that the CVD Agreement eliminated 
completely the injurious effects of imports of sugar from Mexico.\4\ As 
a result of the ITC's determination, the CVD Agreement remained in 
effect, and on March 27, 2015, the Department, in accordance with 
section 704(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.
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    \4\ See Sugar from Mexico; Determinations, 80 FR 16426 (March 
27, 2015).
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    Notwithstanding issuance of the CVD Agreement, pursuant to requests 
by domestic interested parties, the Department continued its 
investigation and made an affirmative final determination that 
countervailable subsidies were being provided to exporters and 
producers of sugar from Mexico.\5\ In its Final Determination, the 
Department calculated countervailable subsidy rates of 43.93 percent 
for Fondo de Empresas Expropiadas del Sector Azucarero (FEESA), 5.78 
percent for Ingenio Tala S.A. de C.V. and certain affiliated sugar 
mills of Grupo Azucarero Mexico S.A. de C.V. (collectively, the GAM 
Group), and 38.11 percent for producers and exporters that were not 
individually investigated. The Department stated, in its Final 
Determination, that it would ``not instruct CBP to suspend liquidation 
or collect cash deposits calculated herein unless the 
{CVD{time} Suspension Agreement is terminated.'' \6\ The ITC 
subsequently made an affirmative determination of material injury to an 
industry in the United States by reason of imports of sugar from 
Mexico.\7\
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    \5\ See Sugar From Mexico: Continuation of Antidumping and 
Countervailing Duty Investigations, 80 FR 25278 (May 4, 2015); Sugar 
From Mexico: Final Affirmative Countervailing Duty Determination, 80 
FR 57337 (September 23, 2015) (Final Determination).
    \6\ Final Determination, 80 FR at 57338.
    \7\ See Sugar From Mexico, 80 FR 70833 (November 16, 2015) 
(Final ITC Determination).
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Reviews

    On February 9, 2016, at the request of the American Sugar Coalition 
and its Members (ASC),\8\ Imperial, and AmCane, the Department 
initiated an administrative review of the CVD Agreement to examine, 
pursuant to for the period of review from December 19, 2014 through 
November 30, 2015 \9\ to examine the status of, and compliance with, 
the CVD Agreement,\10\ as well as 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.\11\ On December 5, 2016, the Department 
published its preliminary results of its administrative review of the 
CVD Agreement.\12\ In its Preliminary Results, the Department 
determined that there is some indication that certain individual 
transactions of subject merchandise may

[[Page 26907]]

not be in compliance with the terms of 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 Act.
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    \8\ The members of the American Sugar Coalition are: American 
Sugar Cane League, American Sugarbeet Growers Association, American 
Sugar Refining, Inc., Florida Sugar Cane League, Rio Grande Valley 
Sugar Growers, Inc., Sugar Cane Growers Cooperative of Florida, and 
the United States Beet Sugar Association.
    \9\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 6832 (February 9, 2016) (2014-2015 
Administrative Review). 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).
    \10\ See section 751(a)(1)(C) of the Act.
    \11\ See section IV of the CVD Agreement.
    \12\ See Suspension Agreement on Sugar From Mexico; 
Administrative Review of the Agreement Suspending the Countervailing 
Duty Investigation on Sugar From Mexico, 81 FR 87539 (December 5, 
2016) (Preliminary Results).
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    On February 13, 2017, at the request of interested parties ASC, 
Imperial, and Zucarmex S.A. de C.V. (Zucarmex), the Department 
initiated an administrative review of the CVD Agreement for the period 
January 1, 2016 through December 31, 2016.\13\
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    \13\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 82 FR 10457 (February 13, 2017) (2015-2016 
Administrative Review).
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    On May 1, 2017, the Department notified the GOM of its intent to 
terminate the CVD Agreement pursuant to Section XI.B of the CVD 
Agreement, unless the parties reached agreement upon resolution of the 
outstanding issues with the current agreement on or before June 5, 
2016.\14\ On June 5, 2017, the Department notified the GOM that it was 
extending the period within which to reach an agreement until June 6, 
2017.\15\
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    \14\ See Letter from Ronald Lorentzen to Aristeo Lopez, 
``Agreement Suspending the Countervailing Duty Investigation on 
Sugar from Mexico'' (May 1, 2017) (May 1, 2017 letter).
    \15\ See Letter from Ronald Lorentzen to Aristeo Lopez, 
``Agreement Suspending the Countervailing Duty Investigation on 
Sugar from Mexico'' (June 5, 2017) (June 5, 2017 letter).
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Scope of CVD Agreement

    The product subject to the CVD Agreement is raw and refined sugar 
of all polarimeter readings derived from sugar cane or sugar beets. The 
covered merchandise is classified in the Harmonized Tariff Schedule of 
the United States (HTSUS) at subheadings: 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.
    See Appendix I for the full description of merchandise covered by 
the CVD Agreement.

Period of Administrative Reviews

    The POR of the first administrative review is December 19, 2014 
through December 31, 2015 and the POR of the second administrative 
review is January 1, 2016 through December 31, 2016.

Rescission of Administrative Reviews

    The Department has indicated its intent to terminate the CVD 
Agreement, unless an amended agreement can be reached.\16\ Accordingly, 
the questions of the status of, and compliance, with the CVD Agreement, 
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 have been rendered moot 
because either the CVD Agreement will be amended and suspension of the 
investigation will be continued with the Department's issuance of a 
final amendment to the CVD Agreement, or the CVD Agreement will be 
terminated, per the May 1, 2017 notice of intent to terminate, as 
modified by its June 5, 2017 letter.\17\ Therefore, the Department is 
rescinding the 2014-2015 and 2015-2016 administrative reviews of the 
CVD Agreement.
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    \16\ See May 1, 2017 letter, as modified by the June 5, 2017 
letter.
    \17\ See May 1, 2017 Letter. Thus, if no amendment is finalized, 
the administrative reviews will be moot for the alternative reason 
that the CVD Agreement has been terminated.
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Notification to Interested Parties

    This notice serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return/destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.
    We are issuing and publishing this notice in accordance with 
sections 704(f), 751(a)(1) and 777(i)(1) of the Act.

     Dated: June 6, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I: Scope of the CVD Agreement

    The product covered by the CVD Agreement is raw and refined 
sugar of all polarimeter readings derived from sugar cane or sugar 
beets. The chemical sucrose gives sugar its essential character. 
Sucrose is a nonreducing disaccharide compo15)10sed of glucose and 
fructose linked by a glycosidic bond via their anomeric carbons. The 
molecular formula for sucrose is 
C12H22O11; the International Union 
of Pure and Applied Chemistry (IUPAC) International Chemical 
Identifier (InChl) for sucrose is 1S/C12H22O11/c13-l-4-
6(16)8(18)9(19)11(21-4)23-12(3-15)10(20)7(17)5(2-14)22-12/h4-11,13-
20H,1-H2/t4-,5-,6-,7-,8+,9-,10+,11-,12+/m1/s1; the InChl Key for 
sucrose is CZMRCDWAGMRECN-UGDNZRGBSA-N; the U.S. National Institutes 
of Health PubChem Compound Identifier (CID) for sucrose is 5988; and 
the Chemical 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 the 
order.
    The scope of the order does not include (1) sugar imported under 
the Refined Sugar Re-Export Programs of the U.S. Department of 
Agriculture; \18\ (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 the 
order are limited to the following: caramelized slab sugar candy, 
pearl sugar, rock candy, dragees for cooking and baking, fondant, 
golden syrup, and sugar decorations.
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    \18\ 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.
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    Merchandise covered by the 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 the order is dispositive.

[FR Doc. 2017-12116 Filed 6-9-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                    26906                          Federal Register / Vol. 82, No. 111 / Monday, June 12, 2017 / Notices

                                                    DEPARTMENT OF COMMERCE                                  determination with the final                           Azucarero (FEESA), 5.78 percent for
                                                                                                            antidumping duty determination.2                       Ingenio Tala S.A. de C.V. and certain
                                                    International Trade Administration                         On December 19, 2014, the                           affiliated sugar mills of Grupo
                                                                                                            Department and the GOM signed the                      Azucarero Mexico S.A. de C.V.
                                                    [C–201–846]                                             CVD Agreement, which suspended the                     (collectively, the GAM Group), and
                                                                                                            CVD investigation.3 The basis for this                 38.11 percent for producers and
                                                    Countervailing Duty Suspension                          action was an agreement between the                    exporters that were not individually
                                                    Agreement on Sugar From Mexico:                         Department and the GOM, wherein the                    investigated. The Department stated, in
                                                    Rescission of 2014–2015 and 2015–                       GOM agreed to restrict the volume of                   its Final Determination, that it would
                                                    2016 Administrative Reviews                             direct or indirect exports to the United               ‘‘not instruct CBP to suspend
                                                                                                            States of sugar from all Mexican                       liquidation or collect cash deposits
                                                    AGENCY:   Enforcement and Compliance,                   producers/exporters in order to                        calculated herein unless the
                                                    International Trade Administration,                     eliminate completely the injurious                     {CVD}Suspension Agreement is
                                                    Department of Commerce.                                 effects of exports of this merchandise to              terminated.’’ 6 The ITC subsequently
                                                    SUMMARY: On May 1, 2017, the                            the United States. The GOM also agreed                 made an affirmative determination of
                                                    Department notified the Government of                   not to provide any new or additional                   material injury to an industry in the
                                                    Mexico (GOM) of its intent to terminate                 export or import substitution subsidies                United States by reason of imports of
                                                    the Agreement Suspending the                            on the subject merchandise.                            sugar from Mexico.7
                                                    Antidumping Duty Investigation on                          On January 8, 2015, Imperial Sugar                  Reviews
                                                    sugar from Mexico (CVD Agreement)                       Company (Imperial) and AmCane Sugar
                                                    unless a new agreement was reached on                   LLC (AmCane) each notified the                            On February 9, 2016, at the request of
                                                    or before June 5, 2017. The Department                  Department that they had petitioned the                the American Sugar Coalition and its
                                                    subsequently modified its notice of                     International Trade Commission (ITC) to                Members (ASC),8 Imperial, and
                                                    intent to terminate the CVD Agreement,                  conduct a review of the CVD Agreement                  AmCane, the Department initiated an
                                                    stating its continued intent to terminate               under section 704(h) of the Act to                     administrative review of the CVD
                                                    the CVD Agreement unless an amended                     determine whether the injurious effects                Agreement to examine, pursuant to for
                                                    agreement was reached on or before                      of the imports of the subject                          the period of review from December 19,
                                                    June 6, 2017. Because the Department                    merchandise are eliminated completely                  2014 through November 30, 2015 9 to
                                                    intends to terminate the CVD                            by the CVD Agreement. On March 19,                     examine the status of, and compliance
                                                    Agreement, or, in the alternative, amend                2015, in a unanimous vote, the ITC                     with, the CVD Agreement,10 as well as
                                                    the CVD Agreement prior to the                          found that the CVD Agreement                           whether suspension of the CVD
                                                    expiration of the termination period, the               eliminated completely the injurious                    Agreement is in the ‘‘public interest,’’
                                                    two ongoing administrative reviews of                   effects of imports of sugar from Mexico.4              including the availability of supplies of
                                                    the original CVD Agreement are now                      As a result of the ITC’s determination,                sugar in the U.S. market, and whether
                                                    moot, and the Department is rescinding                  the CVD Agreement remained in effect,                  ‘‘effective monitoring’’ is practicable.11
                                                    both reviews.                                           and on March 27, 2015, the Department,                 On December 5, 2016, the Department
                                                                                                            in accordance with section 704(h)(3) of                published its preliminary results of its
                                                    DATES: Effective June 5, 2017.                                                                                 administrative review of the CVD
                                                                                                            the Act, instructed U.S. Customs and
                                                    FOR FURTHER INFORMATION CONTACT:                        Border Protection (CBP) to terminate the               Agreement.12 In its Preliminary Results,
                                                    Sally C. Gannon or David Cordell,                       suspension of liquidation of all entries               the Department determined that there is
                                                    Enforcement & Compliance,                               of sugar from Mexico and refund all                    some indication that certain individual
                                                    International Trade Administration,                     cash deposits.                                         transactions of subject merchandise may
                                                    U.S. Department of Commerce, 1401                          Notwithstanding issuance of the CVD
                                                    Constitution Avenue NW., Washington,                    Agreement, pursuant to requests by
                                                                                                                                                                     6 Final  Determination, 80 FR at 57338.
                                                                                                                                                                     7 See  Sugar From Mexico, 80 FR 70833
                                                    DC 20230, telephone: (202) 482–0162 or                  domestic interested parties, the                       (November 16, 2015) (Final ITC Determination).
                                                    (202) 482–0408.                                         Department continued its investigation                    8 The members of the American Sugar Coalition

                                                    SUPPLEMENTARY INFORMATION:                              and made an affirmative final                          are: American Sugar Cane League, American
                                                                                                            determination that countervailable                     Sugarbeet Growers Association, American Sugar
                                                    Background                                                                                                     Refining, Inc., Florida Sugar Cane League, Rio
                                                                                                            subsidies were being provided to                       Grande Valley Sugar Growers, Inc., Sugar Cane
                                                    Investigation and Issuance of the CVD                   exporters and producers of sugar from                  Growers Cooperative of Florida, and the United
                                                    Agreement                                               Mexico.5 In its Final Determination, the               States Beet Sugar Association.
                                                                                                            Department calculated countervailable                     9 See Initiation of Antidumping and
                                                       On April 17, 2014, the Department                                                                           Countervailing Duty Administrative Reviews, 81 FR
                                                                                                            subsidy rates of 43.93 percent for Fondo
                                                    initiated a countervailing duty                                                                                6832 (February 9, 2016) (2014–2015 Administrative
                                                                                                            de Empresas Expropiadas del Sector                     Review). On March 16, 2016, the Department
                                                    investigation under section 702 of the
                                                                                                                                                                   expanded the period of review for the CVD
                                                    Tariff Act of 1930, as amended (the Act),                 2 See Sugar from Mexico: Preliminary Affirmative     Agreement from December 19, 2014, through
                                                    to determine whether manufacturers,                     Countervailing Determination and Alignment of          December 31, 2014, to include calendar year 2015.
                                                    producers, or exporters of sugar from                   Final Countervailing Duty Determination With Final     As such, the period of review for the instant review
                                                    Mexico receive countervailable                          Antidumping Duty Determination, 79 FR 51956            is December 19, 2014, through December 31, 2015.
                                                                                                            (September 2, 2014) (Preliminary Determination).       See Memorandum to Lynn Fischer Fox entitled
                                                    subsidies.1 On August 25, 2014, the                       3 See Sugar From Mexico: Suspension of               ‘‘First Administrative Review of the Agreement
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    Department preliminarily determined                     Countervailing Duty Investigation, 79 FR 78044         Suspending the Countervailing Duty Investigation
                                                    that countervailable subsidies were                     (December 29, 2014).                                   on Sugar from Mexico: Extending the Period of
                                                    being provided to producers and                           4 See Sugar from Mexico; Determinations, 80 FR       Review’’ (March 16, 2016).
                                                                                                                                                                      10 See section 751(a)(1)(C) of the Act.
                                                    exporters of sugar from Mexico and                      16426 (March 27, 2015).
                                                                                                              5 See Sugar From Mexico: Continuation of                11 See section IV of the CVD Agreement.
                                                    aligned the final countervailing duty
                                                                                                            Antidumping and Countervailing Duty                       12 See Suspension Agreement on Sugar From

                                                                                                            Investigations, 80 FR 25278 (May 4, 2015); Sugar       Mexico; Administrative Review of the Agreement
                                                      1 See Sugar from Mexico: Initiation of                From Mexico: Final Affirmative Countervailing Duty     Suspending the Countervailing Duty Investigation
                                                    Countervailing Duty Investigation, 79 FR 22790          Determination, 80 FR 57337 (September 23, 2015)        on Sugar From Mexico, 81 FR 87539 (December 5,
                                                    (April 24, 2014).                                       (Final Determination).                                 2016) (Preliminary Results).



                                               VerDate Sep<11>2014   17:28 Jun 09, 2017   Jkt 241001   PO 00000   Frm 00004   Fmt 4703   Sfmt 4703   E:\FR\FM\12JNN1.SGM     12JNN1


                                                                                   Federal Register / Vol. 82, No. 111 / Monday, June 12, 2017 / Notices                                                      26907

                                                    not be in compliance with the terms of                  reached.16 Accordingly, the questions of                sucrose is 5988; and the Chemical Abstracts
                                                    the CVD Agreement, and further, that                    the status of, and compliance, with the                 Service (CAS) Number of sucrose is 57–50–
                                                    the CVD Agreement may no longer be                      CVD Agreement, whether suspension of                    1.
                                                                                                                                                                       Sugar described in the previous paragraph
                                                    meeting all of the statutory                            the CVD Agreement is in the ‘‘public
                                                                                                                                                                    includes products of all polarimeter readings
                                                    requirements, as set forth in sections                  interest,’’ including the availability of               described in various forms, such as raw
                                                    704(c) and (d) of the Act.                              supplies of sugar in the U.S. market, and               sugar, estandar or standard sugar, high
                                                       On February 13, 2017, at the request                 whether ‘‘effective monitoring’’ is                     polarity or semi-refined sugar, special white
                                                    of interested parties ASC, Imperial, and                practicable have been rendered moot                     sugar, refined sugar, brown sugar, edible
                                                    Zucarmex S.A. de C.V. (Zucarmex), the                   because either the CVD Agreement will                   molasses, desugaring molasses, organic raw
                                                    Department initiated an administrative                  be amended and suspension of the                        sugar, and organic refined sugar. Other sugar
                                                    review of the CVD Agreement for the                     investigation will be continued with the                products, such as powdered sugar, colored
                                                                                                                                                                    sugar, flavored sugar, and liquids and syrups
                                                    period January 1, 2016 through                          Department’s issuance of a final
                                                                                                                                                                    that contain 95 percent or more sugar by dry
                                                    December 31, 2016.13                                    amendment to the CVD Agreement, or                      weight are also within the scope of the order.
                                                       On May 1, 2017, the Department                       the CVD Agreement will be terminated,                      The scope of the order does not include (1)
                                                    notified the GOM of its intent to                       per the May 1, 2017 notice of intent to                 sugar imported under the Refined Sugar Re-
                                                    terminate the CVD Agreement pursuant                    terminate, as modified by its June 5,                   Export Programs of the U.S. Department of
                                                    to Section XI.B of the CVD Agreement,                   2017 letter.17 Therefore, the Department                Agriculture; 18 (2) sugar products produced
                                                    unless the parties reached agreement                    is rescinding the 2014–2015 and 2015–                   in Mexico that contain 95 percent or more
                                                                                                            2016 administrative reviews of the CVD                  sugar by dry weight that originated outside
                                                    upon resolution of the outstanding                                                                              of Mexico; (3) inedible molasses (other than
                                                    issues with the current agreement on or                 Agreement.
                                                                                                                                                                    inedible desugaring molasses noted above);
                                                    before June 5, 2016.14 On June 5, 2017,                 Notification to Interested Parties                      (4) beverages; (5) candy; (6) certain specialty
                                                    the Department notified the GOM that it                                                                         sugars; and (7) processed food products that
                                                    was extending the period within which                     This notice serves as the only                        contain sugar (e.g., cereals). Specialty sugars
                                                    to reach an agreement until June 6,                     reminder to parties subject to                          excluded from the scope of the order are
                                                    2017.15                                                 administrative protective order (APO) of                limited to the following: caramelized slab
                                                                                                            their responsibility concerning the                     sugar candy, pearl sugar, rock candy, dragees
                                                    Scope of CVD Agreement                                  disposition of proprietary information                  for cooking and baking, fondant, golden
                                                                                                            disclosed under APO in accordance                       syrup, and sugar decorations.
                                                       The product subject to the CVD                                                                                  Merchandise covered by the CVD
                                                    Agreement is raw and refined sugar of                   with 19 CFR 351.305(a)(3). Timely
                                                                                                                                                                    Agreement is typically imported under the
                                                    all polarimeter readings derived from                   written notification of return/
                                                                                                                                                                    following headings of the HTSUS:
                                                    sugar cane or sugar beets. The covered                  destruction of APO materials or                         1701.12.1000, 1701.12.5000, 1701.13.1000,
                                                    merchandise is classified in the                        conversion to judicial protective order is              1701.13.5000, 1701.14.1000, 1701.14.5000,
                                                    Harmonized Tariff Schedule of the                       hereby requested. Failure to comply                     1701.91.1000, 1701.91.3000, 1701.99.1010,
                                                    United States (HTSUS) at subheadings:                   with the regulations and the terms of an                1701.99.1025, 1701.99.1050, 1701.99.5010,
                                                    1701.12.1000, 1701.12.5000,                             APO is a sanctionable violation.                        1701.99.5025, 1701.99.5050, and
                                                                                                              We are issuing and publishing this                    1702.90.4000. The tariff classification is
                                                    1701.13.1000, 1701.13.5000,                                                                                     provided for convenience and customs
                                                    1701.14.1000, 1701.14.5000,                             notice in accordance with sections
                                                                                                            704(f), 751(a)(1) and 777(i)(1) of the Act.             purposes; however, the written description of
                                                    1701.91.1000, 1701.91.3000,                                                                                     the scope of the order is dispositive.
                                                    1701.99.1010, 1701.99.1025,                               Dated: June 6, 2017.
                                                                                                                                                                    [FR Doc. 2017–12116 Filed 6–9–17; 8:45 am]
                                                    1701.99.1050, 1701.99.5010,                             Ronald K. Lorentzen,
                                                                                                                                                                    BILLING CODE 3510–DS–P
                                                    1701.99.5025, 1701.99.5050, and                         Acting Assistant Secretary for Enforcement
                                                    1702.90.4000.                                           and Compliance.
                                                       See Appendix I for the full                          Appendix I: Scope of the CVD                            DEPARTMENT OF COMMERCE
                                                    description of merchandise covered by                   Agreement
                                                    the CVD Agreement.                                                                                              International Trade Administration
                                                                                                              The product covered by the CVD
                                                    Period of Administrative Reviews                        Agreement is raw and refined sugar of all               [C–489–819]
                                                       The POR of the first administrative                  polarimeter readings derived from sugar cane
                                                                                                            or sugar beets. The chemical sucrose gives              Steel Concrete Reinforcing Bar From
                                                    review is December 19, 2014 through                     sugar its essential character. Sucrose is a             the Republic of Turkey: Final Results
                                                    December 31, 2015 and the POR of the                    nonreducing disaccharide compo15)10sed of               and Partial Rescission of
                                                    second administrative review is January                 glucose and fructose linked by a glycosidic             Countervailing Duty Administrative
                                                    1, 2016 through December 31, 2016.                      bond via their anomeric carbons. The                    Review; 2014
                                                                                                            molecular formula for sucrose is C12H22O11;
                                                    Rescission of Administrative Reviews                    the International Union of Pure and Applied             AGENCY:  Enforcement and Compliance,
                                                      The Department has indicated its                      Chemistry (IUPAC) International Chemical                International Trade Administration,
                                                    intent to terminate the CVD Agreement,                  Identifier (InChl) for sucrose is 1S/                   Department of Commerce.
                                                    unless an amended agreement can be                      C12H22O11/c13-l-4-6(16)8(18)9(19)11(21-                 SUMMARY: The Department of Commerce
                                                                                                            4)23-12(3-15)10(20)7(17)5(2-14)22-12/h4-                (the Department) has completed its
                                                                                                            11,13-20H,1-H2/t4-,5-,6-,7-,8+,9-,10+,11-
                                                      13 See Initiation of Antidumping and
                                                                                                            ,12+/m1/s1; the InChl Key for sucrose is
                                                                                                                                                                    administrative review of the
                                                    Countervailing Duty Administrative Reviews, 82 FR                                                               countervailing duty (CVD) order on steel
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                            CZMRCDWAGMRECN-UGDNZRGBSA-N;
                                                    10457 (February 13, 2017) (2015–2016                                                                            concrete reinforcing bar (rebar) from the
                                                    Administrative Review).                                 the U.S. National Institutes of Health
                                                      14 See Letter from Ronald Lorentzen to Aristeo        PubChem Compound Identifier (CID) for                   Republic of Turkey (Turkey). The period
                                                    Lopez, ‘‘Agreement Suspending the Countervailing                                                                of review (POR) is September 15, 2014,
                                                    Duty Investigation on Sugar from Mexico’’ (May 1,          16 See May 1, 2017 letter, as modified by the June

                                                    2017) (May 1, 2017 letter).                             5, 2017 letter.                                           18 This exclusion applies to sugar imported under
                                                      15 See Letter from Ronald Lorentzen to Aristeo           17 See May 1, 2017 Letter. Thus, if no amendment     the Refined Sugar Re-Export Program, the Sugar-
                                                    Lopez, ‘‘Agreement Suspending the Countervailing        is finalized, the administrative reviews will be moot   Containing Products Re-Export Program, and the
                                                    Duty Investigation on Sugar from Mexico’’ (June 5,      for the alternative reason that the CVD Agreement       Polyhydric Alcohol Program administered by the
                                                    2017) (June 5, 2017 letter).                            has been terminated.                                    U.S. Department of Agriculture.



                                               VerDate Sep<11>2014   17:28 Jun 09, 2017   Jkt 241001   PO 00000   Frm 00005   Fmt 4703   Sfmt 4703   E:\FR\FM\12JNN1.SGM   12JNN1



Document Created: 2017-06-10 01:40:36
Document Modified: 2017-06-10 01:40:36
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 June 5, 2017.
ContactSally C. Gannon or David Cordell, Enforcement & Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, telephone: (202) 482-0162 or (202) 482-0408.
FR Citation82 FR 26906 

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