Sugar From Mexico: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 65189-65191 [2014-26077]
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Federal Register / Vol. 79, No. 212 / Monday, November 3, 2014 / Notices
types, in aggregate regardless of size, is less
than 25.
Also excluded from the scope of this
investigation are steel nails that meet the
specifications of Type I, Style 20 nails as
identified in Tables 29 through 33 of ASTM
Standard F1667 (2013 revision).
Also excluded from the scope of this
investigation are nails suitable for use in
powder-actuated hand tools, whether or not
threaded, which are currently classified
under Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’) subheadings
7317.00.20.00 and 7317.00.30.00.
Also excluded from the scope of this
investigation are nails having a case hardness
greater than or equal to 50 on the Rockwell
Hardness C scale (‘‘HRC’’), a carbon content
greater than or equal to 0.5 percent, a round
head, a secondary reduced-diameter raised
head section, a centered shank, and a smooth
symmetrical point, suitable for use in gasactuated hand tools.
Also excluded from the scope of this
investigation are corrugated nails. A
corrugated nail is made up of a small strip
of corrugated steel with sharp points on one
side.
Also excluded from the scope of this
investigation are thumb tacks, which are
currently classified under HTSUS
7317.00.10.00.
Certain steel nails subject to these
investigations are currently classified under
HTSUS subheadings 7317.00.55.02,
7317.00.55.03, 7317.00.55.05, 7317.00.55.07,
7317.00.55.08, 7317.00.55.11, 7317.00.55.18,
7317.00.55.19, 7317.00.55.20, 7317.00.55.30,
7317.00.55.40, 7317.00.55.50, 7317.00.55.60,
7317.00.55.70, 7317.00.55.80, 7317.00.55.90,
7317.00.65.30, 7317.00.65.60 and
7317.00.75.00. Certain steel nails subject to
these investigations also may be classified
under HTSUS subheading 8206.00.00.00.
While the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
scope of these investigations is dispositive.
Appendix 2—List of Topics Discussed
in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Alignment
IV. Scope Comments
V. Scope of the Investigation
VI. Injury Test
VII. Subsidies Valuation
VIII. Analysis of Programs
IX. Calculation of the All Others Rate
X. ITC Notification
XI. Disclosure and Public Comment
XII. Verification
XIII. Recommendation
[FR Doc. 2014–26070 Filed 10–31–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation; Advance Notification of
Sunset Reviews
65189
Background
Every five years, pursuant to section
751(c) of the Tariff Act of 1930, as
amended (‘‘the Act’’), the Department of
Commerce (‘‘the Department’’) and the
International Trade Commission
automatically initiate and conduct a
review to determine whether revocation
of a countervailing or antidumping duty
order or termination of an investigation
suspended under section 704 or 734 of
the Act would be likely to lead to
continuation or recurrence of dumping
or a countervailable subsidy (as the case
may be) and of material injury.
Upcoming Sunset Reviews for
December 2014
The following Sunset Reviews are
scheduled for initiation in December
2014 and will appear in that month’s
Notice of Initiation of Five-Year Sunset
Review (‘‘Sunset Review’’). With respect
to the orders on Oil Country Tubular
Goods, we have advanced the initiation
date of certain Sunset Reviews upon
determining that initiation of the Sunset
Reviews for all of the Oil Country
Tubular Goods orders on the same date
would promote administrative
efficiency.
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
Department contact
mstockstill on DSK4VPTVN1PROD with NOTICES
Antidumping Duty Proceedings
Oil Country Tubular Goods from the People’s Republic of China (A–570–945) (1st Review) ..................
Countervailing Duty Proceedings
Oil Country Tubular Goods from the People’s Republic of China (C–570–944) (1st Review) ..................
Suspended Investigations
No Sunset Review of suspended investigations is scheduled for initiation in December 2014.
The Department’s procedures for the
conduct of Sunset Reviews are set forth
in 19 CFR 351.218. The Notice of
Initiation of Five-Year (‘‘Sunset’’)
Reviews provides further information
regarding what is required of all parties
to participate in Sunset Reviews.
Pursuant to 19 CFR 351.103(c), the
Department will maintain and make
available a service list for these
proceedings. To facilitate the timely
preparation of the service list(s), it is
requested that those seeking recognition
as interested parties to a proceeding
contact the Department in writing
within 10 days of the publication of the
Notice of Initiation.
Please note that if the Department
receives a Notice of Intent to Participate
from a member of the domestic industry
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19:26 Oct 31, 2014
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within 15 days of the date of initiation,
the review will continue. Thereafter,
any interested party wishing to
participate in the Sunset Review must
provide substantive comments in
response to the notice of initiation no
later than 30 days after the date of
initiation.
This notice is not required by statute
but is published as a service to the
international trading community.
Dated: October 17, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2014–26078 Filed 10–31–14; 8:45 am]
BILLING CODE 3510–DS–P
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David Goldberger (202) 482–4136.
Jacqueline Arrowsmith (202) 482–5255.
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–845]
Sugar From Mexico: Preliminary
Determination of Sales at Less Than
Fair Value and Postponement of Final
Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The Department of Commerce
(the Department) preliminarily
determines that sugar from Mexico is
being, or is likely to be, sold in the
United States at less than fair value
(LTFV), as provided in section 733(b) of
SUMMARY:
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65190
Federal Register / Vol. 79, No. 212 / Monday, November 3, 2014 / Notices
the Tariff Act of 1930, as amended (the
Act). The period of investigation is
January 1, 2013, through December 31,
2013. The estimated weighted-average
dumping margins of sales at LTFV are
shown in the ‘‘Preliminary
Determination’’ section of this notice.
Interested parties are invited to
comment on this preliminary
determination. We intend to issue the
final determination 135 days after
publication of this preliminary
determination in the Federal Register.
DATES: Effective on November 3, 2014.
FOR FURTHER INFORMATION CONTACT:
David Lindgren, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–3870.
SUPPLEMENTARY INFORMATION:
Background
The Department published the notice
of initiation of this investigation on
April 24, 2014.1 Pursuant to section
773(c)(1)(A) of the Act, the Department
postponed this preliminary LTFV
determination by a period of 50 days.2
Scope of the Investigation
The product covered by this
investigation is sugar from Mexico. For
a full description of the scope of the
investigation, see Appendix I to this
notice.3
Methodology
mstockstill on DSK4VPTVN1PROD with NOTICES
The Department conducted this
investigation in accordance with section
731 of the Act. Export price (EP) has
been calculated in accordance with
section 772 of the Act. Normal value
(NV) has been calculated in accordance
with section 773 of the Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. The
Preliminary Decision Memorandum is a
public document and is made available
1 See Sugar From Mexico: Initiation of
Antidumping Duty Investigation, 79 FR 22795
(April 24, 2014).
2 See Sugar From Mexico: Postponement of
Preliminary Determination of Antidumping Duty
Investigation, 79 FR 49497 (August 21, 2014).
3 Interested parties filed comments and a
clarification request regarding the scope of the
investigation. For a complete discussion, see
Memorandum to Paul Piquado, Assistant Secretary
for Enforcement and Compliance, from Christian
Marsh, Deputy Assistant Secretary for Enforcement
and Compliance, ‘‘Decision Memorandum for the
Preliminary Determination in the Antidumping
Duty Investigation of Sugar from Mexico,’’ dated
concurrently with and hereby adopted by this
notice (Preliminary Decision Memorandum).
VerDate Sep<11>2014
17:37 Oct 31, 2014
Jkt 235001
to the public via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (IA ACCESS).
IA ACCESS is available to registered
users at https://iaaccess.trade.gov and to
all parties in the Department’s Central
Records Unit, located at room 7046 of
the Department’s main building. In
addition, a complete version of the
Preliminary Decision Memorandum can
be accessed at https://
enforcement.trade.gov/frn/.
The signed and the electronic versions
of the Preliminary Decision
Memorandum are identical in content.
individually investigated, excluding any
zero or de minimis margins, and any
margins determined entirely under
section 776 of the Act. Therefore,
because the weighted-average dumping
margins for FEESA and the GAM Group
are not zero, de minimis, or determined
entirely under section 776 of the Act,
the Department has estimated the ‘‘allothers’’ rate in this preliminary
determination by weight-averaging the
weighted-average dumping margins
calculated for FEESA and the GAM
Group.
Preliminary Determination
In accordance with section
733(d)(1)(A)(i) of the Act, the
Department calculated weighted-average
dumping margins for the following
individually investigated exporters and
producers of subject merchandise: (1)
Fondo de Empresas Expropiadas del
Sector Azucarero (FEESA) 4 and (2)
Ingenio Tala S.A. de C.V. and certain
affiliated companies of Grupo Azucarero
Mexico S.A. de C.V. (collectively, the
GAM Group).5 The Department
preliminarily determines that the
following weighted-average dumping
margins exist for these individually
investigated exporters and producers:
As provided in section 782(i)(1) of the
Act, the Department intends to verify
the information submitted by FEESA
and the GAM Group prior to making a
final determination in this investigation.
Exporter/producer
Weightedaverage
dumping
margin
(percent)
Verification
Disclosure and Public Comment
In accordance with 19 CFR
351.224(b), the Department intends to
disclose the calculations performed in
connection with this preliminary
determination within five days of its
public announcement. Interested parties
may submit case and rebuttal briefs, as
well as request a hearing.6 For a
schedule of the deadlines for filing case
briefs, rebuttal briefs, and hearing
requests, see the Preliminary Decision
Memorandum.
Suspension of Liquidation
In accordance with section
733(d)(2)(A) of the Act, we are directing
U.S. Customs and Border Protection
FEESA ........................................
39.54 (CBP) to suspend liquidation of all
Ingenio Tala S.A. de C.V. and
entries of subject merchandise that are
certain affiliated sugar mills of
entered, or withdrawn from warehouse,
Grupo Azucarero Mexico S.A.
for consumption on or after the date of
de C.V. (collectively, the GAM
Group) .....................................
47.26 publication of this notice in the Federal
All-Others ....................................
40.76 Register.
Pursuant to section 733(d)(1)(B) of the
Consistent with sections
Act and 19 CFR 351.205(d), we will
733(d)(1)(A)(ii) and 735(c)(5) of the Act, instruct CBP to require a cash deposit 7
the Department also calculated an
equal to the weighted-average amount
estimated all-others rate for all exporters by which NV exceeds EP, as indicated
or producers not individually
in the chart above, as follows: (1) The
investigated. Section 735(c)(5)(A) of the rate for FEESA, when adjusted for
Act provides that the estimated ‘‘allexport subsidies, is 39.36 percent; (2)
others’’ rate shall be an amount equal to the rate for the GAM Group, when
the weighted average of the estimated
adjusted for export subsidies, is 47.09
weighted-average dumping margins
percent; (3) if the exporter is not a firm
established for exporters and producers
identified in this investigation, but the
producer is, then the rate will be the
4 FEESA consists of the following sugar mills:
rate established for the producer of the
Fideicomiso Ingenio El Modelo, Fideicomiso
subject merchandise; (4) the rate for all
Ingenio San Cristobal, Fideicomiso Ingenio Plan De
San Luis, Fideicomiso Ingenio San Miguelito,
Fideicomiso Ingenio La Providencia, Fideicomiso
Ingenio Atencingo, Fideicomiso Ingenio Casasano,
Fideicomiso Ingenio El Potrero, and Fideicomiso
Ingenio Emiliano Zapata. See id.
5 GAM Group consists of the following sugar
mills: Ingenio Tala S.A. de C.V.; Ingenio El Dorado
S.A. de C.V.; and Ingenio Lazaro Cardenas S.A. de
C.V. See Preliminary Decision Memorandum.
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6 See 19 CFR 351.309(c)–(d), 19 CFR 351.310(c);
see also 19 CFR 351.303 (for general filing
requirements).
7 See Modification of Regulations Regarding the
Practice of Accepting Bonds During the Provisional
Measures Period in Antidumping and
Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
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Federal Register / Vol. 79, No. 212 / Monday, November 3, 2014 / Notices
other producers or exporters, when
adjusted for export subsidies, will be
40.58 percent. These suspension of
liquidation instructions will remain in
effect until further notice.
Postponement of Final Determination
and Extension of Provisional Measures
Pursuant to a request from FEESA and
the GAM Group,8 we are postponing the
final determination. Accordingly, we
intend to make our final determination
no later than 135 days after the date of
publication of this preliminary
determination in the Federal Register,
pursuant to section 735(a)(2)(A) of the
Act.9 Furthermore, FEESA and the GAM
Group requested to extend the
application of the provisional measures,
as prescribed under section 733(d) of
the Act and 19 CFR 351.210(e)(2), from
a four-month period to a six-month
period.10 The suspension of liquidation
described above will be extended
accordingly.11
U.S. International Trade Commission
Notification
In accordance with section 733(f) of
the Act, we will notify the U.S.
International Trade Commission (ITC) of
our determination. For a discussion
concerning the information that the
Department will make available to the
ITC and the statutory deadlines
regarding a final determination to be
issued by the ITC, see the Preliminary
Decision Memorandum.
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act.
Dated: October 24, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
mstockstill on DSK4VPTVN1PROD with NOTICES
Appendix I—Scope of the Investigation
The product covered by this investigation
is sugar derived from sugar cane or sugar
beets. Sucrose gives sugar its essential
character. Sucrose is a nonreducing
disaccharide composed of glucose and
fructose linked via their anomeric carbons.
The molecular formula for sucrose is
C12H22011, the International Union of Pure
and Applied Chemistry (IUPAC)
International Chemical Identifier (InChI) for
sucrose is 1S/C12H22O11/c13-l-46(16)8(18)9(19)11(21-4)23-12(315)10(20)7(17)5(2-14)22-12/h4-11,13-20H,13H2/t4-,5-,6-,7-,8+,9-,10+,11-,12+/m1/s1, the
InChI Key for sucrose is
8 See Letter from FEESA and GAM Group, ‘‘Sugar
from Mexico—Request for Postponement of Final
Determination,’’ October 16, 2014.
9 See also 19 CFR 351.210(b)(2)(ii) and (e)(1)–(2).
10 See Letter from FEESA and GAM Group,
‘‘Sugar from Mexico—Request for Postponement of
Final Determination,’’ October 16, 2014.
11 See 19 CFR 351.210(b)(2)(ii) and (e)(2).
VerDate Sep<11>2014
17:37 Oct 31, 2014
Jkt 235001
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 within the scope of this investigation
includes raw sugar (sugar with a sucrose
content by weight in a dry state that
corresponds to a polarimeter reading of less
than 99.5 degrees) and estandar or standard
sugar which is sometimes referred to as ‘‘high
polarity’’ or ‘‘semi-refined’’ sugar (sugar with
a sucrose content by weight in a dry state that
corresponds to a polarimeter reading of 99.2
to 99.6 degrees). Sugar within the scope of
this investigation includes refined sugar with
a sucrose content by weight in a dry state that
corresponds to a polarimeter reading of at
least 99.9 degrees. Sugar within the scope of
this investigation includes brown sugar,
liquid sugar (sugar dissolved in water),
organic raw sugar and organic refined sugar.
Inedible molasses is not within the scope
of this investigation. Specialty sugars, e.g.,
rock candy, fondant, sugar decorations, are
not within the scope of this investigation.
Processed food products that contain sugar,
e.g., beverages, candy, cereals, are not within
the scope of this investigation.
Merchandise covered by this investigation
is typically imported under the following
headings of the Harmonized Tariff Schedule
of the United States (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, 1701.99.1025, 1701.99.1050,
1701.99.5025, 1701.99.5050, and
1702.90.4000. The tariff classification is
provided for convenience and customs
purposes; however, the written description of
the scope of this investigation is dispositive.
Appendix II—List of Topics Discussed
in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Postponement of Final Determination and
Extension of Provisional Measures
V. Scope of the Investigation
VI. Scope Comments
VII. Respondent Selection
VIII. Affiliation and Collapsing
A. Legal Standard
B. FEESA
C. The GAM Group
IX. Discussion of Methodology
A. Fair Value Comparisons
B. Product Comparisons
C. Determination of Comparison Method
D. Export Price
E. Normal Value
F. Date of Sale
G. Currency Conversion
X. U.S. International Trade Commission
Notification
XI. Disclosure and Public Comment
XII. Verification
XIII. Conclusion
[FR Doc. 2014–26077 Filed 10–31–14; 8:45 am]
BILLING CODE 3510–DS–P
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65191
DEPARTMENT OF COMMERCE
International Trade Administration
United States Travel and Tourism
Advisory Board: Meeting of the United
States Travel and Tourism Advisory
Board
International Trade
Administration, U.S. Department of
Commerce.
ACTION: Notice of an open meeting.
AGENCY:
The United States Travel and
Tourism Advisory Board (Board) will
hold the third meeting of the current
term on Tuesday, November 18, 2014.
The Board was re-chartered on August
2013, to advise the Secretary of
Commerce on matters relating to the
travel and tourism industry. At the
meeting, members are expected to
deliberate and seek to adopt policy
recommendations addressing Brand
USA, visa policy, domestic travel and
tourism, the Department of
Transportation 30-year Strategic Plan,
and the Survey of International Air
Travelers. They are also expected to
hear an update on the Board’s
recommendations addressing entry
presented at the July meeting and to
discuss issues impacting the travel and
tourism industry, including travel
promotion, cultural and natural heritage
issues, travel facilitation, infrastructure,
and public-private partnerships, in
addition to other topics. The agenda
may change to accommodate Board
business. The final agenda will be
posted on the Department of Commerce
Web site for the Board at https://
trade.gov/ttab, at least one week in
advance of the meeting.
DATES: Tuesday, November 18, 2014,
9:30 a.m.–12:30 p.m. and open for
public comments.
ADDRESSES: U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230. Guests are
requested to register one week in
advance by sending an email to OACIE@
trade.gov.
FOR FURTHER INFORMATION CONTACT:
Jennifer Pilat, the United States Travel
and Tourism Advisory Board, Room
4043, 1401 Constitution Avenue NW.,
Washington, DC 20230, telephone: 202–
482–4501, email: jennifer.pilat@
trade.gov.
SUMMARY:
SUPPLEMENTARY INFORMATION:
Background: The Board advises the
Secretary of Commerce on matters
relating to the U.S. travel and tourism
industry.
Public Participation: The meeting will
be open to the public and will be
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Agencies
[Federal Register Volume 79, Number 212 (Monday, November 3, 2014)]
[Notices]
[Pages 65189-65191]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-26077]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-845]
Sugar From Mexico: Preliminary Determination of Sales at Less
Than Fair Value and Postponement of Final Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) preliminarily
determines that sugar from Mexico is being, or is likely to be, sold in
the United States at less than fair value (LTFV), as provided in
section 733(b) of
[[Page 65190]]
the Tariff Act of 1930, as amended (the Act). The period of
investigation is January 1, 2013, through December 31, 2013. The
estimated weighted-average dumping margins of sales at LTFV are shown
in the ``Preliminary Determination'' section of this notice. Interested
parties are invited to comment on this preliminary determination. We
intend to issue the final determination 135 days after publication of
this preliminary determination in the Federal Register.
DATES: Effective on November 3, 2014.
FOR FURTHER INFORMATION CONTACT: David Lindgren, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3870.
SUPPLEMENTARY INFORMATION:
Background
The Department published the notice of initiation of this
investigation on April 24, 2014.\1\ Pursuant to section 773(c)(1)(A) of
the Act, the Department postponed this preliminary LTFV determination
by a period of 50 days.\2\
---------------------------------------------------------------------------
\1\ See Sugar From Mexico: Initiation of Antidumping Duty
Investigation, 79 FR 22795 (April 24, 2014).
\2\ See Sugar From Mexico: Postponement of Preliminary
Determination of Antidumping Duty Investigation, 79 FR 49497 (August
21, 2014).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is sugar from Mexico. For
a full description of the scope of the investigation, see Appendix I to
this notice.\3\
---------------------------------------------------------------------------
\3\ Interested parties filed comments and a clarification
request regarding the scope of the investigation. For a complete
discussion, see Memorandum to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, from Christian Marsh, Deputy Assistant
Secretary for Enforcement and Compliance, ``Decision Memorandum for
the Preliminary Determination in the Antidumping Duty Investigation
of Sugar from Mexico,'' dated concurrently with and hereby adopted
by this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Methodology
The Department conducted this investigation in accordance with
section 731 of the Act. Export price (EP) has been calculated in
accordance with section 772 of the Act. Normal value (NV) has been
calculated in accordance with section 773 of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. The Preliminary
Decision Memorandum is a public document and is made available to the
public via Enforcement and Compliance's Antidumping and Countervailing
Duty Centralized Electronic Service System (IA ACCESS). IA ACCESS is
available to registered users at https://iaaccess.trade.gov and to all
parties in the Department's Central Records Unit, located at room 7046
of the Department's main building. In addition, a complete version of
the Preliminary Decision Memorandum can be accessed at https://enforcement.trade.gov/frn/. The signed and the electronic
versions of the Preliminary Decision Memorandum are identical in
content.
Preliminary Determination
In accordance with section 733(d)(1)(A)(i) of the Act, the
Department calculated weighted-average dumping margins for the
following individually investigated exporters and producers of subject
merchandise: (1) Fondo de Empresas Expropiadas del Sector Azucarero
(FEESA) \4\ and (2) Ingenio Tala S.A. de C.V. and certain affiliated
companies of Grupo Azucarero Mexico S.A. de C.V. (collectively, the GAM
Group).\5\ The Department preliminarily determines that the following
weighted-average dumping margins exist for these individually
investigated exporters and producers:
---------------------------------------------------------------------------
\4\ FEESA consists of the following sugar mills: Fideicomiso
Ingenio El Modelo, Fideicomiso Ingenio San Cristobal, Fideicomiso
Ingenio Plan De San Luis, Fideicomiso Ingenio San Miguelito,
Fideicomiso Ingenio La Providencia, Fideicomiso Ingenio Atencingo,
Fideicomiso Ingenio Casasano, Fideicomiso Ingenio El Potrero, and
Fideicomiso Ingenio Emiliano Zapata. See id.
\5\ GAM Group consists of the following sugar mills: Ingenio
Tala S.A. de C.V.; Ingenio El Dorado S.A. de C.V.; and Ingenio
Lazaro Cardenas S.A. de C.V. See Preliminary Decision Memorandum.
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
FEESA....................................................... 39.54
Ingenio Tala S.A. de C.V. and certain affiliated sugar mills 47.26
of Grupo Azucarero Mexico S.A. de C.V. (collectively, the
GAM Group).................................................
All-Others.................................................. 40.76
------------------------------------------------------------------------
Consistent with sections 733(d)(1)(A)(ii) and 735(c)(5) of the Act,
the Department also calculated an estimated all-others rate for all
exporters or producers not individually investigated. Section
735(c)(5)(A) of the Act provides that the estimated ``all-others'' rate
shall be an amount equal to the weighted average of the estimated
weighted-average dumping margins established for exporters and
producers individually investigated, excluding any zero or de minimis
margins, and any margins determined entirely under section 776 of the
Act. Therefore, because the weighted-average dumping margins for FEESA
and the GAM Group are not zero, de minimis, or determined entirely
under section 776 of the Act, the Department has estimated the ``all-
others'' rate in this preliminary determination by weight-averaging the
weighted-average dumping margins calculated for FEESA and the GAM
Group.
Verification
As provided in section 782(i)(1) of the Act, the Department intends
to verify the information submitted by FEESA and the GAM Group prior to
making a final determination in this investigation.
Disclosure and Public Comment
In accordance with 19 CFR 351.224(b), the Department intends to
disclose the calculations performed in connection with this preliminary
determination within five days of its public announcement. Interested
parties may submit case and rebuttal briefs, as well as request a
hearing.\6\ For a schedule of the deadlines for filing case briefs,
rebuttal briefs, and hearing requests, see the Preliminary Decision
Memorandum.
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\6\ See 19 CFR 351.309(c)-(d), 19 CFR 351.310(c); see also 19
CFR 351.303 (for general filing requirements).
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Suspension of Liquidation
In accordance with section 733(d)(2)(A) of the Act, we are
directing U.S. Customs and Border Protection (CBP) to suspend
liquidation of all entries of subject merchandise that are entered, or
withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register.
Pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d),
we will instruct CBP to require a cash deposit \7\ equal to the
weighted-average amount by which NV exceeds EP, as indicated in the
chart above, as follows: (1) The rate for FEESA, when adjusted for
export subsidies, is 39.36 percent; (2) the rate for the GAM Group,
when adjusted for export subsidies, is 47.09 percent; (3) if the
exporter is not a firm identified in this investigation, but the
producer is, then the rate will be the rate established for the
producer of the subject merchandise; (4) the rate for all
[[Page 65191]]
other producers or exporters, when adjusted for export subsidies, will
be 40.58 percent. These suspension of liquidation instructions will
remain in effect until further notice.
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\7\ See Modification of Regulations Regarding the Practice of
Accepting Bonds During the Provisional Measures Period in
Antidumping and Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
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Postponement of Final Determination and Extension of Provisional
Measures
Pursuant to a request from FEESA and the GAM Group,\8\ we are
postponing the final determination. Accordingly, we intend to make our
final determination no later than 135 days after the date of
publication of this preliminary determination in the Federal Register,
pursuant to section 735(a)(2)(A) of the Act.\9\ Furthermore, FEESA and
the GAM Group requested to extend the application of the provisional
measures, as prescribed under section 733(d) of the Act and 19 CFR
351.210(e)(2), from a four-month period to a six-month period.\10\ The
suspension of liquidation described above will be extended
accordingly.\11\
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\8\ See Letter from FEESA and GAM Group, ``Sugar from Mexico--
Request for Postponement of Final Determination,'' October 16, 2014.
\9\ See also 19 CFR 351.210(b)(2)(ii) and (e)(1)-(2).
\10\ See Letter from FEESA and GAM Group, ``Sugar from Mexico--
Request for Postponement of Final Determination,'' October 16, 2014.
\11\ See 19 CFR 351.210(b)(2)(ii) and (e)(2).
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U.S. International Trade Commission Notification
In accordance with section 733(f) of the Act, we will notify the
U.S. International Trade Commission (ITC) of our determination. For a
discussion concerning the information that the Department will make
available to the ITC and the statutory deadlines regarding a final
determination to be issued by the ITC, see the Preliminary Decision
Memorandum.
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act.
Dated: October 24, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I--Scope of the Investigation
The product covered by this investigation is sugar derived from
sugar cane or sugar beets. Sucrose gives sugar its essential
character. Sucrose is a nonreducing disaccharide composed of glucose
and fructose linked via their anomeric carbons. The molecular
formula for sucrose is C12H22011,
the International Union of Pure and Applied Chemistry (IUPAC)
International Chemical Identifier (InChI) 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,1-3H2/t4-,5-,6-,7-,8+,9-,10+,11-,12+/m1/s1,
the InChI Key for sucrose is CZMRCDWAGMRECN-UGDNZRGBSA-N, the U.S.
National Institutes of Health PubChem Compound Identifier (CID) for
sucrose is 5988, and the Chemical Abstracts Service (CAS) Number of
sucrose is 57-50-1.
Sugar within the scope of this investigation includes raw sugar
(sugar with a sucrose content by weight in a dry state that
corresponds to a polarimeter reading of less than 99.5 degrees) and
estandar or standard sugar which is sometimes referred to as ``high
polarity'' or ``semi-refined'' sugar (sugar with a sucrose content
by weight in a dry state that corresponds to a polarimeter reading
of 99.2 to 99.6 degrees). Sugar within the scope of this
investigation includes refined sugar with a sucrose content by
weight in a dry state that corresponds to a polarimeter reading of
at least 99.9 degrees. Sugar within the scope of this investigation
includes brown sugar, liquid sugar (sugar dissolved in water),
organic raw sugar and organic refined sugar.
Inedible molasses is not within the scope of this investigation.
Specialty sugars, e.g., rock candy, fondant, sugar decorations, are
not within the scope of this investigation. Processed food products
that contain sugar, e.g., beverages, candy, cereals, are not within
the scope of this investigation.
Merchandise covered by this investigation is typically imported
under the following headings of the Harmonized Tariff Schedule of
the United States (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, 1701.99.1025, 1701.99.1050, 1701.99.5025,
1701.99.5050, and 1702.90.4000. The tariff classification is
provided for convenience and customs purposes; however, the written
description of the scope of this investigation is dispositive.
Appendix II--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Postponement of Final Determination and Extension of Provisional
Measures
V. Scope of the Investigation
VI. Scope Comments
VII. Respondent Selection
VIII. Affiliation and Collapsing
A. Legal Standard
B. FEESA
C. The GAM Group
IX. Discussion of Methodology
A. Fair Value Comparisons
B. Product Comparisons
C. Determination of Comparison Method
D. Export Price
E. Normal Value
F. Date of Sale
G. Currency Conversion
X. U.S. International Trade Commission Notification
XI. Disclosure and Public Comment
XII. Verification
XIII. Conclusion
[FR Doc. 2014-26077 Filed 10-31-14; 8:45 am]
BILLING CODE 3510-DS-P