82_FR_27025 82 FR 26914 - Antidumping Suspension Agreement on Sugar From Mexico: Rescission of 2014-2015 and 2015-2016 Administrative Reviews

82 FR 26914 - Antidumping 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 Range26914-26916
FR Document2017-12115

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

Federal Register, Volume 82 Issue 111 (Monday, June 12, 2017)
[Federal Register Volume 82, Number 111 (Monday, June 12, 2017)]
[Notices]
[Pages 26914-26916]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12115]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-845]


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

    On April 17, 2014, the Department initiated an antidumping duty 
investigation under section 732 of the Tariff Act of 1930, as amended 
(the Act), to determine whether imports of sugar from Mexico are being, 
or are likely to be, sold in the United States at less than

[[Page 26915]]

fair value.\1\ On October 24, 2014, the Department preliminarily 
determined that sugar from Mexico is being, or is likely to be, sold in 
the United States at less than fair value, as provided in section 733 
of the Act.\2\
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    \1\ See Sugar from Mexico: Initiation of Antidumping Duty 
Investigation, 79 FR 22795 (April 24, 2014).
    \2\ See Sugar from Mexico: Preliminary Determination of Sales at 
Less Than Fair Value and Postponement of Final Determination, 79 FR 
65189 (November 3, 2014).
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    On December 19, 2014, the Department and representatives of the 
signatory producers/exporters accounting for substantially all imports 
of sugar from Mexico signed the AD Agreement, under section 734(c) of 
the Act, which suspended the AD investigation.\3\ The basis for this 
action was an agreement between the Department and signatory producers/
exporters accounting for substantially all imports of sugar from 
Mexico, wherein each signatory producer/exporter agreed to revise its 
prices to eliminate completely the injurious effects of exports of the 
subject merchandise to the United States.
---------------------------------------------------------------------------

    \3\ See Agreement Suspending the Antidumping Duty Investigation 
on Sugar from Mexico, 79 FR 78039 (December 29, 2014) (AD 
Agreement).
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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 AD Agreement under section 734(h) of the Act, to determine 
whether the injurious effects of the imports of the subject merchandise 
are eliminated completely by the AD Agreement. On March 19, 2015, in a 
unanimous vote, the ITC found that the AD Agreement eliminated 
completely the injurious effects of imports of sugar from Mexico.\4\ As 
a result of the ITC's determination, the AD Agreement remained in 
effect, and on March 27, 2015, the Department, in accordance with 
section 734(h)(3) of the Act, instructed U.S. Customs and Border 
Protection (CBP) to terminate the suspension of liquidation of all 
entries of sugar from Mexico and refund all cash deposits.
---------------------------------------------------------------------------

    \4\ See Sugar from Mexico; Determinations, 80 FR 16426 (March 
27, 2015).
---------------------------------------------------------------------------

    Notwithstanding issuance of the AD Agreement, pursuant to requests 
by domestic interested parties, the Department continued its 
investigation and made an affirmative final determination of sales at 
less than fair value.\5\ In its Final Determination, the Department 
calculated weighted-average dumping margins of 40.48 percent for Fondo 
de Empresas Expropiadas del Sector Azucarero (FEESA), 42.14 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 40.74 
percent for all other Mexican producers/exporters. The Department 
stated, in its Final Determination, that it would ``not instruct CBP to 
suspend liquidation or collect cash deposits calculated herein unless 
the AD Suspension Agreement is terminated and the Department issues an 
antidumping duty order,'' and, in that case, it would ``instruct CBP to 
suspend liquidation and require a cash deposit equal to the weighted-
average amount by which normal value exceeds U.S. price,'' and adjusted 
for export subsidies.\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\
---------------------------------------------------------------------------

    \5\ See Sugar From Mexico: Continuation of Antidumping and 
Countervailing Duty Investigations, 80 FR 25278 (May 4, 2015); Sugar 
From Mexico: Final Determination of Sales at Less Than Fair Value, 
80 FR 57341 (September 23, 2015) (Final Determination).
    \6\ Final Determination, 80 FR at 57342.
    \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 AD Agreement for the period 
of review from December 19, 2014 through November 30, 2015 \9\ to 
examine, the status of, and compliance with, the AD Agreement,\10\ as 
well as whether suspension of the investigation 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 the preliminary results of 
its administrative review of the AD Agreement.\12\ In its Preliminary 
Results, the Department determined that 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 Act.
---------------------------------------------------------------------------

    \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).
    \10\ See section 751(a)(1)(C) of the Act.
    \11\ See section V of the AD Agreement.
    \12\ See Antidumping Duty Suspension Agreement on Sugar From 
Mexico; Administrative Review, 81 FR 87541 (December 5, 2016) 
(Preliminary Results).
---------------------------------------------------------------------------

    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 AD Agreement for the period 
December 1, 2015 through November 30, 2016.\13\
---------------------------------------------------------------------------

    \13\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 82 FR 10457 (February 13, 2017) (2015-2016 
Administrative Review).
---------------------------------------------------------------------------

    On May 1, 2017, the Department notified the signatory producers/
exporters of its intent to terminate the AD Agreement, pursuant to 
Section X.B of the AD Agreement, unless the parties reached agreement 
upon resolution of the outstanding issues with the current agreement on 
or before June 5, 2017.\14\ On June 5, 2017, the Department notified 
the signatory producers/exporters that it was extending the period 
within which to reach an agreement until June 6, 2017.\15\
---------------------------------------------------------------------------

    \14\ See Letter from Ronald Lorentzen to Juan Cortina Gallardo 
et al., ``Agreement Suspending the Antidumping Duty Investigation on 
Sugar from Mexico'' (May 1, 2017) (May 1, 2017 notice).
    \15\ See Letter from Ronald Lorentzen to Juan Cortina Gallardo 
et al., ``Agreement Suspending the Antidumping Duty Investigation on 
Sugar from Mexico'' (June 5, 2017) (June 5, 2017 notice).
---------------------------------------------------------------------------

Scope of AD Agreement

    The product subject to the AD 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 AD Agreement.

Period of Administrative Reviews

    The POR of the first administrative review is December 19, 2014 
through November 30, 2015 and the POR of the second administrative 
review is December 1, 2015 through November 30, 2016.

Rescission of Administrative Reviews

    The Department has indicated its intent to terminate the AD 
Agreement,

[[Page 26916]]

unless an amended agreement can be reached.\16\ Accordingly, the 
questions of the status of, and compliance, with the AD Agreement, 
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 have been rendered moot 
because either the AD Agreement will be amended and suspension of the 
investigation will be continued with the Department's issuance of a 
final amendment to the AD Agreement, or the AD Agreement will be 
terminated, according to the Department's 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 AD Agreement.
---------------------------------------------------------------------------

    \16\ See May 1, 2017 letter, as modified by the June 5, 2017 
letter.
    \17\ Id.
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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 734(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 AD Agreement

    The product covered by the AD 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 composed of glucose and fructose linked 
by a glycosidic bond via their anomeric carbons. The molecular 
formula for sucrose is C12H22O11; 
the International Union of Pure and Applied Chemistry (IUPAC) 
International Chemical Identifier (InChl) for sucrose is 1S/
C12H22O11/c13-1-4-6(16)8(18)9(19)11(21-4)23-12(3-15)10(20)7(17)5(2-
14)22-12/h4-11,13-20H,1-3H2/t4-,5-,6-,7-,8+,9-,10+,11-,12+/m1/s1; 
the 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.
---------------------------------------------------------------------------

    \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 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 the order is dispositive.

[FR Doc. 2017-12115 Filed 6-9-17; 8:45 am]
BILLING CODE 3510-DS-P



                                                    26914                          Federal Register / Vol. 82, No. 111 / Monday, June 12, 2017 / Notices

                                                      b. Differential Pricing                               Memorandum Opinion and Order                           alena.org/Home/Dispute-Settlement/
                                                      c. Value-Added Tax                                    which affirmed in part and remanded in                 Decisions-and-Reports.
                                                      d. Surrogate Values                                   part the Final Determination by
                                                    VII. Recommendation                                                                                              Dated: June 6, 2017.
                                                                                                            Commerce. The Binational Panel                         Paul E. Morris,
                                                    [FR Doc. 2017–12106 Filed 6–9–17; 8:45 am]              concluded and ordered that Commerce’s
                                                                                                                                                                   U.S. Secretary, NAFTA Secretariat.
                                                    BILLING CODE 3510–DS–P                                  Final Determination is remanded for
                                                                                                                                                                   [FR Doc. 2017–12039 Filed 6–9–17; 8:45 am]
                                                                                                            further consideration consistent with
                                                                                                            the Panel’s decision with respect to (1)               BILLING CODE 3510–GT–P
                                                    DEPARTMENT OF COMMERCE                                  the use of Commerce’s ‘‘concurrent
                                                                                                            subsidies’’ methodology to analyze the
                                                    International Trade Administration                                                                             DEPARTMENT OF COMMERCE
                                                                                                            provision of ‘‘hot idle’’ funding to Port
                                                    North American Free Trade Agreement                     Hawkesbury Paper LLP (PHP) in a                        International Trade Administration
                                                    (NAFTA), Article 1904 Binational Panel                  transaction between private parties; (2)
                                                    Review: Notice of NAFTA Panel                           Commerce’s conclusion that the                         [A–201–845]
                                                    Decision                                                Government of Nova Scotia entrusted
                                                                                                            and directed Nova Scotia Power, Inc. to                Antidumping Suspension Agreement
                                                    AGENCY:  United States Section, NAFTA                   make a financial contribution by                       on Sugar From Mexico: Rescission of
                                                    Secretariat, International Trade                        providing electricity; (3) Commerce’s                  2014–2015 and 2015–2016
                                                    Administration, Department of                           conclusion that Nova Scotia Power, Inc.                Administrative Reviews
                                                    Commerce.                                               provided electricity for less than
                                                    ACTION: Notice of NAFTA Panel                           adequate remuneration, addressing both                 AGENCY:   Enforcement and Compliance,
                                                    Decision in the matter of                               its conclusion that a Tier 1 benchmark                 International Trade Administration,
                                                    Supercalendered Paper from Canada:                      was not available and its calculation of               Department of Commerce.
                                                    Final Affirmative Countervailing Duty                   a Tier 3 benchmark; (4) the use of                     SUMMARY: On May 1, 2017, the
                                                    Determination (Secretariat File Number:                 Commerce’s ‘‘concurrent subsidies                      Department notified the producers/
                                                    USA–CDA–2015–1904–01).                                  methodology’’ with respect to granting                 exporters that were signatories to the
                                                                                                            of Forestry Infrastructure monies to New               Agreement Suspending the
                                                    SUMMARY:   On April 13, 2017, the                       Page Port Hawkesbury (NPPH) prior to                   Antidumping Duty Investigation on
                                                    Binational Panel issued its                             its acquisition by Pacific West                        sugar from Mexico (the AD Agreement)
                                                    Memorandum Opinion and Order in the                     Commercial Corporation (PWCC); (5)                     of its intent to terminate the AD
                                                    matter of Supercalendered Paper from                    Commerce’s statement that the                          Agreement unless a new agreement was
                                                    Canada: Final Affirmative                               administrative record contains no                      reached on or before June 5, 2017. The
                                                    Countervailing Duty Determination                       evidence of a hostile takeover of Fibrek               Department subsequently modified its
                                                    (Final Determination). The Binational                   by Resolute; (6) Commerce’s failure to                 notice of intent to terminate the AD
                                                    Panel affirmed in part and remanded in                  examine whether the grants to Resolute                 Agreement, stating its continued intent
                                                    part the Final Determination by the                     under the Northern Industrial Electricity              to terminate the AD Agreement unless
                                                    United States Department of Commerce                    Rate and Forestry Sector Prosperity                    an amended agreement was reached on
                                                    (Commerce) and copies of the NAFTA                      Funds programs were tied to the                        or before June 6, 2017. Because the
                                                    Panel Decision are available from the                   production of a particular product or to               Department intends to terminate the AD
                                                    United States Section of the NAFTA                      the production of an input product; and                Agreement, or, in the alternative, amend
                                                    Secretariat.                                            (7) Commerce’s use of the same non-                    the AD Agreement prior to the
                                                    FOR FURTHER INFORMATION CONTACT:    Paul                recurring grant as the source for Adverse              expiration of the termination period, the
                                                    E. Morris, United States Secretary,                     Facts Available for both recurring and                 two ongoing administrative reviews of
                                                    NAFTA Secretariat, Room 2061, 1401                      non-recurring grants.                                  the original AD Agreement are now
                                                    Constitution Avenue NW., Washington,                       The Binational Panel ordered that to                moot, and the Department is rescinding
                                                    DC 20230, (202) 482–5438.                               the extent not rendered moot by                        both administrative reviews.
                                                    SUPPLEMENTARY INFORMATION: Chapter                      Commerce’s explanation on remand as                    DATES: Effective June 5, 2017.
                                                    19 of Article 1904 of NAFTA provides                    to why a Tier 1 benchmark for                          FOR FURTHER INFORMATION CONTACT:
                                                    a dispute settlement mechanism                          measuring the adequacy of                              Sally C. Gannon or David Cordell,
                                                    involving trade remedy determinations                   remuneration of Port Hawkesbury’s                      Enforcement & Compliance,
                                                    issued by the Government of the United                  electricity was not available,                         International Trade Administration,
                                                    States, the Government of Canada, and                   Commerce’s October 21, 2016 motion                     U.S. Department of Commerce, 1401
                                                    the Government of Mexico. Following a                   for a voluntary remand to consider                     Constitution Avenue NW., Washington,
                                                    Request for Panel Review, a Binational                  whether Commerce should include a                      DC 20230, telephone: (202) 482–0162 or
                                                    Panel is composed to review the trade                   separate component for return on equity                (202) 482–0408.
                                                    remedy determination being challenged                   in its Tier 3 benchmark for measuring                  SUPPLEMENTARY INFORMATION:
                                                    and issue a binding Panel Decision.                     the adequacy of remuneration of Port
                                                    There are established NAFTA Rules of                    Hawkesbury’s electricity is granted, and               Background
                                                    Procedure for Article 1904 Binational                   the calculation of the benchmark for                   Investigation and Issuance of the AD
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    Panel Reviews (Rules) and the NAFTA                     such purchases is hereby remanded.                     Agreement
                                                    Panel Decision has been notified in                     The Binational Panel further ordered
                                                    accordance with Rule 70. For the                        that the Final Determination in all other                 On April 17, 2014, the Department
                                                    complete Rules, please see https://                     respects is sustained and directed                     initiated an antidumping duty
                                                    www.nafta-sec-alena.org/Home/Texts-                     Commerce to submit its redetermination                 investigation under section 732 of the
                                                    of-the-Agreement/Rules-of-Procedure/                    on remand within 75 days of the date                   Tariff Act of 1930, as amended (the Act),
                                                    Article-1904.                                           of issue of the NAFTA Panel Decision.                  to determine whether imports of sugar
                                                       Panel Decision: On April 13, 2017, the               For the full Memorandum Opinion and                    from Mexico are being, or are likely to
                                                    Binational Panel issued its                             Order, please see https://www.nafta-sec-               be, sold in the United States at less than


                                               VerDate Sep<11>2014   17:28 Jun 09, 2017   Jkt 241001   PO 00000   Frm 00012   Fmt 4703   Sfmt 4703   E:\FR\FM\12JNN1.SGM   12JNN1


                                                                                   Federal Register / Vol. 82, No. 111 / Monday, June 12, 2017 / Notices                                                     26915

                                                    fair value.1 On October 24, 2014, the                   Department calculated weighted-average                 not be in compliance with the terms of
                                                    Department preliminarily determined                     dumping margins of 40.48 percent for                   the AD Agreement, and further, that the
                                                    that sugar from Mexico is being, or is                  Fondo de Empresas Expropiadas del                      AD Agreement may no longer be
                                                    likely to be, sold in the United States at              Sector Azucarero (FEESA), 42.14                        meeting all of the statutory
                                                    less than fair value, as provided in                    percent for Ingenio Tala S.A. de C.V.                  requirements, as set forth in sections
                                                    section 733 of the Act.2                                and certain affiliated sugar mills of                  734(c) and (d) of the Act.
                                                       On December 19, 2014, the                            Grupo Azucarero Mexico S.A. de C.V.                      On February 13, 2017, at the request
                                                    Department and representatives of the                   (collectively, the GAM Group), and                     of interested parties ASC, Imperial, and
                                                    signatory producers/exporters                           40.74 percent for all other Mexican                    Zucarmex S.A. de C.V. (Zucarmex), the
                                                    accounting for substantially all imports                producers/exporters. The Department                    Department initiated an administrative
                                                    of sugar from Mexico signed the AD                      stated, in its Final Determination, that it            review of the AD Agreement for the
                                                    Agreement, under section 734(c) of the                  would ‘‘not instruct CBP to suspend                    period December 1, 2015 through
                                                    Act, which suspended the AD                             liquidation or collect cash deposits                   November 30, 2016.13
                                                    investigation.3 The basis for this action               calculated herein unless the AD                          On May 1, 2017, the Department
                                                    was an agreement between the                            Suspension Agreement is terminated                     notified the signatory producers/
                                                    Department and signatory producers/                     and the Department issues an                           exporters of its intent to terminate the
                                                    exporters accounting for substantially                  antidumping duty order,’’ and, in that                 AD Agreement, pursuant to Section X.B
                                                    all imports of sugar from Mexico,                       case, it would ‘‘instruct CBP to suspend               of the AD Agreement, unless the parties
                                                    wherein each signatory producer/                        liquidation and require a cash deposit                 reached agreement upon resolution of
                                                    exporter agreed to revise its prices to                 equal to the weighted-average amount                   the outstanding issues with the current
                                                    eliminate completely the injurious                      by which normal value exceeds U.S.                     agreement on or before June 5, 2017.14
                                                    effects of exports of the subject                       price,’’ and adjusted for export                       On June 5, 2017, the Department
                                                    merchandise to the United States.                       subsidies.6 The ITC subsequently made                  notified the signatory producers/
                                                       On January 8, 2015, Imperial Sugar                   an affirmative determination of material               exporters that it was extending the
                                                    Company (Imperial) and AmCane Sugar                     injury to an industry in the United                    period within which to reach an
                                                    LLC (AmCane) each notified the                          States by reason of imports of sugar                   agreement until June 6, 2017.15
                                                    Department that they had petitioned the                 from Mexico.7
                                                                                                                                                                   Scope of AD Agreement
                                                    International Trade Commission (ITC) to                 Reviews
                                                    conduct a review of the AD Agreement                                                                              The product subject to the AD
                                                    under section 734(h) of the Act, to                        On February 9, 2016, at the request of              Agreement is raw and refined sugar of
                                                    determine whether the injurious effects                 the American Sugar Coalition and its                   all polarimeter readings derived from
                                                    of the imports of the subject                           Members (ASC),8 Imperial, and                          sugar cane or sugar beets. The covered
                                                    merchandise are eliminated completely                   AmCane, the Department initiated an                    merchandise is classified in the
                                                    by the AD Agreement. On March 19,                       administrative review of the AD                        Harmonized Tariff Schedule of the
                                                    2015, in a unanimous vote, the ITC                      Agreement for the period of review from                United States (HTSUS) at subheadings:
                                                    found that the AD Agreement                             December 19, 2014 through November                     1701.12.1000, 1701.12.5000,
                                                    eliminated completely the injurious                     30, 2015 9 to examine, the status of, and              1701.13.1000, 1701.13.5000,
                                                    effects of imports of sugar from Mexico.4               compliance with, the AD Agreement,10                   1701.14.1000, 1701.14.5000,
                                                    As a result of the ITC’s determination,                 as well as whether suspension of the                   1701.91.1000, 1701.91.3000,
                                                    the AD Agreement remained in effect,                    investigation is in the ‘‘public interest,’’           1701.99.1010, 1701.99.1025,
                                                    and on March 27, 2015, the Department,                  including the availability of supplies of              1701.99.1050, 1701.99.5010,
                                                    in accordance with section 734(h)(3) of                 sugar in the U.S. market, and whether                  1701.99.5025, 1701.99.5050, and
                                                    the Act, instructed U.S. Customs and                    ‘‘effective monitoring’’ is practicable.11             1702.90.4000.
                                                    Border Protection (CBP) to terminate the                On December 5, 2016, the Department                       See Appendix I for the full
                                                    suspension of liquidation of all entries                published the preliminary results of its               description of merchandise covered by
                                                    of sugar from Mexico and refund all                     administrative review of the AD                        the AD Agreement.
                                                    cash deposits.                                          Agreement.12 In its Preliminary Results,
                                                                                                                                                                   Period of Administrative Reviews
                                                       Notwithstanding issuance of the AD                   the Department determined that there is
                                                                                                            some indication that certain individual                  The POR of the first administrative
                                                    Agreement, pursuant to requests by
                                                                                                            transactions of subject merchandise may                review is December 19, 2014 through
                                                    domestic interested parties, the
                                                                                                                                                                   November 30, 2015 and the POR of the
                                                    Department continued its investigation
                                                                                                            Than Fair Value, 80 FR 57341 (September 23, 2015)      second administrative review is
                                                    and made an affirmative final                           (Final Determination).                                 December 1, 2015 through November
                                                    determination of sales at less than fair                  6 Final Determination, 80 FR at 57342.
                                                                                                                                                                   30, 2016.
                                                    value.5 In its Final Determination, the                   7 See Sugar From Mexico, 80 FR 70833

                                                                                                            (November 16, 2015) (Final ITC Determination).         Rescission of Administrative Reviews
                                                      1 See Sugar from Mexico: Initiation of                  8 The members of the American Sugar Coalition

                                                    Antidumping Duty Investigation, 79 FR 22795             are: American Sugar Cane League, American                The Department has indicated its
                                                    (April 24, 2014).                                       Sugarbeet Growers Association, American Sugar          intent to terminate the AD Agreement,
                                                      2 See Sugar from Mexico: Preliminary                  Refining, Inc., Florida Sugar Cane League, Rio
                                                    Determination of Sales at Less Than Fair Value and      Grande Valley Sugar Growers, Inc., Sugar Cane            13 See Initiation of Antidumping and
                                                    Postponement of Final Determination, 79 FR 65189        Growers Cooperative of Florida, and the United         Countervailing Duty Administrative Reviews, 82 FR
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    (November 3, 2014).                                     States Beet Sugar Association.                         10457 (February 13, 2017) (2015–2016
                                                      3 See Agreement Suspending the Antidumping              9 See Initiation of Antidumping and
                                                                                                                                                                   Administrative Review).
                                                    Duty Investigation on Sugar from Mexico, 79 FR          Countervailing Duty Administrative Reviews, 81 FR        14 See Letter from Ronald Lorentzen to Juan
                                                    78039 (December 29, 2014) (AD Agreement).               6832 (February 9, 2016) (2014–2015 Administrative      Cortina Gallardo et al., ‘‘Agreement Suspending the
                                                      4 See Sugar from Mexico; Determinations, 80 FR        Review).                                               Antidumping Duty Investigation on Sugar from
                                                                                                              10 See section 751(a)(1)(C) of the Act.
                                                    16426 (March 27, 2015).                                                                                        Mexico’’ (May 1, 2017) (May 1, 2017 notice).
                                                      5 See Sugar From Mexico: Continuation of                11 See section V of the AD Agreement.                  15 See Letter from Ronald Lorentzen to Juan

                                                    Antidumping and Countervailing Duty                       12 See Antidumping Duty Suspension Agreement         Cortina Gallardo et al., ‘‘Agreement Suspending the
                                                    Investigations, 80 FR 25278 (May 4, 2015); Sugar        on Sugar From Mexico; Administrative Review, 81        Antidumping Duty Investigation on Sugar from
                                                    From Mexico: Final Determination of Sales at Less       FR 87541 (December 5, 2016) (Preliminary Results).     Mexico’’ (June 5, 2017) (June 5, 2017 notice).



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                                                    26916                           Federal Register / Vol. 82, No. 111 / Monday, June 12, 2017 / Notices

                                                    unless an amended agreement can be                      Service (CAS) Number of sucrose is 57–50–              Limited (Ambica), and Bhansali Bright
                                                    reached.16 Accordingly, the questions of                1.                                                     Bars Pvt. Ltd. (Bhansali). We determine
                                                    the status of, and compliance, with the                    Sugar described in the previous paragraph           that Bhansali had no shipments of
                                                                                                            includes products of all polarimeter readings
                                                    AD Agreement, whether suspension of                     described in various forms, such as raw
                                                                                                                                                                   subject merchandise during the POR
                                                    the AD Agreement is in the ‘‘public                     sugar, estandar or standard sugar, high                and that Ambica did have an entry of
                                                    interest,’’ including the availability of               polarity or semi-refined sugar, special white          subject merchandise during the POR.
                                                    supplies of sugar in the U.S. market, and               sugar, refined sugar, brown sugar, edible              DATES: Effective June 12, 2017.
                                                    whether ‘‘effective monitoring’’ is                     molasses, desugaring molasses, organic raw             FOR FURTHER INFORMATION CONTACT:
                                                    practicable have been rendered moot                     sugar, and organic refined sugar. Other sugar
                                                                                                                                                                   Joseph Shuler, AD/CVD Operations,
                                                    because either the AD Agreement will                    products, such as powdered sugar, colored
                                                                                                            sugar, flavored sugar, and liquids and syrups          Office I, Enforcement and Compliance,
                                                    be amended and suspension of the                                                                               International Trade Administration,
                                                                                                            that contain 95 percent or more sugar by dry
                                                    investigation will be continued with the                weight are also within the scope of the order.         U.S. Department of Commerce, 1401
                                                    Department’s issuance of a final                           The scope of the order does not include (1)         Constitution Avenue NW., Washington,
                                                    amendment to the AD Agreement, or the                   sugar imported under the Refined Sugar Re-             DC 20230; telephone (202) 482–1293.
                                                    AD Agreement will be terminated,                        Export Programs of the U.S. Department of              SUPPLEMENTARY INFORMATION:
                                                    according to the Department’s May 1,                    Agriculture; 18 (2) sugar products produced
                                                    2017, notice of intent to terminate, as                 in Mexico that contain 95 percent or more              Background
                                                    modified by its June 5, 2017 letter.17                  sugar by dry weight that originated outside
                                                                                                            of Mexico; (3) inedible molasses (other than             Following the Preliminary Results,1
                                                    Therefore, the Department is rescinding                                                                        we received a timely filed case brief
                                                                                                            inedible desugaring molasses noted above);
                                                    the 2014–2015 and 2015–2016                             (4) beverages; (5) candy; (6) certain specialty        from Carpenter Technology Corporation,
                                                    administrative reviews of the AD                        sugars; and (7) processed food products that           Crucible Industries LLC, Electralloy, a
                                                    Agreement.                                              contain sugar (e.g., cereals). Specialty sugars        Division of G.O. Carlson, Inc., North
                                                                                                            excluded from the scope of the order are               American Stainless, Universal Stainless
                                                    Notification to Interested Parties                      limited to the following: caramelized slab             & Alloy Products, Inc., and Valbruna
                                                      This notice serves as the only                        sugar candy, pearl sugar, rock candy, dragees          Slater Stainless, Inc. (the petitioners)
                                                    reminder to parties subject to                          for cooking and baking, fondant, golden
                                                                                                            syrup, and sugar decorations.
                                                                                                                                                                   and a timely filed rebuttal brief from
                                                    administrative protective order (APO) of                                                                       Ambica.2
                                                                                                               Merchandise covered by the AD Agreement
                                                    their responsibility concerning the                     is typically imported under the following
                                                    disposition of proprietary information                                                                         Scope of the Order
                                                                                                            headings of the HTSUS: 1701.12.1000,
                                                    disclosed under APO in accordance                       1701.12.5000, 1701.13.1000, 1701.13.5000,                 The merchandise subject to the order
                                                    with 19 CFR 351.305(a)(3). Timely                       1701.14.1000, 1701.14.5000, 1701.91.1000,              is SSB. SSB subject to the order is
                                                    written notification of return/                         1701.91.3000, 1701.99.1010, 1701.99.1025,              currently classifiable under subheadings
                                                    destruction of APO materials or                         1701.99.1050, 1701.99.5010, 1701.99.5025,              7222.10.00, 7222.11.00, 7222.19.00,
                                                    conversion to judicial protective order is              1701.99.5050, and 1702.90.4000. The tariff             7222.20.00, 7222.30.00 of the
                                                    hereby requested. Failure to comply                     classification is provided for convenience
                                                                                                                                                                   Harmonized Tariff Schedule (HTS).
                                                                                                            and customs purposes; however, the written
                                                    with the regulations and the terms of an                description of the scope of the order is               Although the HTS subheadings are
                                                    APO is a sanctionable violation.                        dispositive.                                           provided for convenience and customs
                                                      We are issuing and publishing this                                                                           purposes, our written description of the
                                                                                                            [FR Doc. 2017–12115 Filed 6–9–17; 8:45 am]
                                                    notice in accordance with sections                                                                             scope of the Order is dispositive. A full
                                                                                                            BILLING CODE 3510–DS–P
                                                    734(f), 751(a)(1) and 777(i)(1) of the Act.                                                                    description of the scope of the order is
                                                      Dated: June 6, 2017.                                                                                         contained in the Issues and Decision
                                                    Ronald K. Lorentzen,                                    DEPARTMENT OF COMMERCE                                 Memorandum.3
                                                    Acting Assistant Secretary for Enforcement                                                                     Analysis of Comments
                                                    and Compliance.                                         International Trade Administration
                                                                                                                                                                      All issues raised in the case and
                                                    Appendix I: Scope of the AD Agreement                   [A–533–810]                                            rebuttal briefs by parties in this review
                                                       The product covered by the AD Agreement
                                                                                                                                                                   are addressed in the Issues and Decision
                                                                                                            Stainless Steel Bar From India: Final                  Memorandum, which is hereby adopted
                                                    is raw and refined sugar of all polarimeter             Results of Antidumping Duty
                                                    readings derived from sugar cane or sugar                                                                      by this notice. A list of the issues raised
                                                                                                            Administrative Review; 2015–2016                       is attached to this notice as Appendix I.
                                                    beets. The chemical sucrose gives sugar its
                                                    essential character. Sucrose is a nonreducing           AGENCY:   Enforcement and Compliance,                  The Issues and Decision Memorandum
                                                    disaccharide composed of glucose and                    International Trade Administration,
                                                    fructose linked by a glycosidic bond via their          Department of Commerce.                                  1 See Stainless Steel Bar from India: Preliminary

                                                    anomeric carbons. The molecular formula for                                                                    Results, of Antidumping Duty Administrative
                                                                                                            SUMMARY: On March 1, 2017, the                         Review; 2015–2016, 82 FR 12190 (March 1, 2017)
                                                    sucrose is C12H22O11; the International Union
                                                    of Pure and Applied Chemistry (IUPAC)                   Department of Commerce (the                            (Preliminary Results).
                                                    International Chemical Identifier (InChl) for           Department) published the preliminary                    2 See Letter from the petitioners to the

                                                    sucrose is 1S/C12H22O11/c13-1-4-                        results of the administrative review of                Department, ‘‘Stainless Steel Bar from India—
                                                                                                                                                                   Petitioners’ Case Brief,’’ (Petitioners’ CB) dated
                                                    6(16)8(18)9(19)11(21-4)23-12(3-                         the antidumping duty order on stainless                March 31, 2017; see also, Letter from Ambica to the
                                                    15)10(20)7(17)5(2-14)22-12/h4-11,13-20H,1-              steel bar (SSB) from India. The period                 Department, ‘‘Stainless Steel Bar from India:
                                                    3H2/t4-,5-,6-,7-,8+,9-,10+,11-,12+/m1/s1; the           of review (POR) is February 1, 2015,
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                                                                                   Rebuttal Brief,’’ dated April 7, 2017 (Ambica’s RB).
                                                    InChl Key for sucrose is                                through January 31, 2016. This review                    3 See the Memorandum from Gary Taverman,
                                                    CZMRCDWAGMRECN–UGDNZRGBSA–N;                            covers two producers or exporters of the               Associate Deputy Assistant Secretary for
                                                    the U.S. National Institutes of Health                                                                         Antidumping and Countervailing Duty Operations,
                                                                                                            subject merchandise: Ambica Steels                     to Ronald K. Lorentzen, Acting Assistant Secretary
                                                    PubChem Compound Identifier (CID) for
                                                    sucrose is 5988; and the Chemical Abstracts                                                                    for Enforcement and Compliance, ‘‘Issues and
                                                                                                              18 This exclusion applies to sugar imported under    Decision Memorandum for the Final Results of the
                                                                                                            the Refined Sugar Re-Export Program, the Sugar-        Antidumping Duty Administrative Review of
                                                       16 See May 1, 2017 letter, as modified by the June
                                                                                                            Containing Products Re-Export Program, and the         Stainless Steel Bar from India; 2015–2016,’’ dated
                                                    5, 2017 letter.                                         Polyhydric Alcohol Program administered by the         concurrently with, and hereby adopted by this
                                                       17 Id.                                               U.S. Department of Agriculture.                        notice (Issues and Decision Memorandum).



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Document Created: 2017-06-10 01:40:26
Document Modified: 2017-06-10 01:40:26
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 26914 

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