Sugar From Mexico: Continuation of Antidumping and Countervailing Duty Investigations, 25278-25280 [2015-10253]
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Federal Register / Vol. 80, No. 85 / Monday, May 4, 2015 / Notices
customs entry procedures that apply to
the finished products (whether in brand
name or generic form) (duty rates are
5% or 6.5%) for the foreign-status
inputs noted below. The finished
products include the herbicides: Bicep
II MagnumTM; Bicep Lite IITM, Dual II
MagnumTM; S-Moc MicrocapsTM;
Touchdown TotalTM; LexarTM;
DesicaTM; Mesotrione 28% MUPTM;
SableTM; TraxionTM; DepartureTM;
RefugeTM; TouchdownTMHitech;
GesatopTM; Gesatop-Nueve-OTM;
RegloneTM; TraxionTM; Halex GTTM;
Coloso TotalTM; Primextra IITM; Demp
Malonamid TechTM; LumaxTM; Lumax
GoldTM; RewardTM; Brawl II ATZTM;
Bicep MaxxTM; SequenceTM; and
Charger Maxx ATZTM. Finished
products also include the following
insecticides: Engeo PlenoTM; Voliam
XpressTM; Karate ZeonTM; EforiaTM and
Engeo FullTM. Customs duties also
could possibly be deferred or reduced
on foreign-status production equipment.
The components and materials
sourced from abroad include: smetolachlor; mesotrione wet paste;
pinoxaden (2-bromo-1,3-diethyl-5methyl benzene); lambda-cyhaolthrin
technical, pyrethroid pesticide, liquid;
glyphosate acid technical 2; benoxacor
(ortho nitrophenols); paraquat
concentrate ES (paraquat dichloride);
thiamethoxam; chlorantraniliprole;
lufenuron; and diquat (duty rates range
from free to 6.5%).
Public comment is invited from
interested parties. Submissions shall be
addressed to the FTZ Board’s Executive
Secretary at the address below. The
closing period for their receipt is June
15, 2015.
A copy of the notification will be
available for public inspection at the
Office of the Executive Secretary,
Foreign-Trade Zones Board, Room
21013, U.S. Department of Commerce,
1401 Constitution Avenue NW.,
Washington, DC 20230–0002, and in the
‘‘Reading Room’’ section of the FTZ
Board’s Web site, which is accessible
via www.trade.gov/ftz.
FOR FURTHER INFORMATION CONTACT:
mstockstill on DSK4VPTVN1PROD with NOTICES
Diane Finver at Diane.Finver@trade.gov
or (202) 482–1367.
Dated: April 28, 2015.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2015–10379 Filed 5–1–15; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–26–2015]
Foreign-Trade Zone (FTZ) 39—DallasFort Worth, Texas, Notification of
Proposed Production Activity, Valeo
North America, Inc. d/b/a Valeo
Compressor North America, (Motor
Vehicle Air-Conditioner Compressors),
Dallas, Texas
Valeo North America, Inc. d/b/a Valeo
Compressor North America (Valeo), an
operator of FTZ 39, submitted a
notification of proposed production
activity to the FTZ Board for its facility
in Dallas, Texas, within FTZ 39. The
notification conforming to the
requirements of the regulations of the
FTZ Board (15 CFR 400.22) was
received on April 20, 2015.
Valeo already has authority to
produce air-conditioner compressor
assemblies for motor vehicles. The
current request would add a new
finished product (electromagnetic
compressor/clutch assemblies) and
certain foreign-status components to the
scope of authority. Pursuant to 15 CFR
400.14(b), additional FTZ authority
would be limited to the specific foreignstatus materials and components and
specific finished products described in
the submitted notification (as described
below) and subsequently authorized by
the FTZ Board.
Production under FTZ procedures
could exempt Valeo from customs duty
payments on the foreign status
components used in export production.
On its domestic sales, Valeo would be
able to choose the duty rates during
customs entry procedures that apply to
air-conditioner compressor assemblies
(free) and electromagnetic compressor/
clutch assemblies (3.1%) for the foreign
status materials and components noted
below and in the existing scope of
authority. Customs duties also could
possibly be deferred or reduced on
foreign status production equipment.
The components sourced from abroad
include: compressor/clutch assemblies;
compressor bodies and housings; coils;
rotors; armatures; and, fittings (parts of
compressors) (duty rate ranges from free
to 3.1%).
Public comment is invited from
interested parties. Submissions shall be
addressed to the FTZ Board’s Executive
Secretary at the address below. The
closing period for their receipt is June
15, 2015.
A copy of the notification will be
available for public inspection at the
Office of the Executive Secretary,
Foreign-Trade Zones Board, Room
PO 00000
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21013, U.S. Department of Commerce,
1401 Constitution Avenue NW.,
Washington, DC 20230–0002, and in the
‘‘Reading Room’’ section of the FTZ
Board’s Web site, which is accessible
via www.trade.gov/ftz.
FOR FURTHER INFORMATION CONTACT:
Pierre Duy at Pierre.Duy@trade.gov or
(202) 482–1378.
Dated: April 27, 2015.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2015–10386 Filed 5–1–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–845; C–201–846]
Sugar From Mexico: Continuation of
Antidumping and Countervailing Duty
Investigations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: May 4, 2015.
SUMMARY: As of December 19, 2014, the
Department of Commerce (the
Department) suspended the
antidumping duty (AD) investigation of
imports of sugar from Mexico, based on
an agreement between the Department
and signatory producers/exporters
accounting for substantially all imports
of sugar from Mexico, and the
countervailing duty (CVD) investigation
of imports of sugar from Mexico, based
on an agreement between the
Department and the Government of
Mexico. Both agreements eliminate
completely the injurious effects of
exports of the subject merchandise to
the United States. The Department has
received timely requests to continue the
AD and CVD investigations of sugar
from Mexico. Pursuant to sections
734(g) and 704(g) of the Tariff Act of
1930, as amended (the Act),
respectively, the Department is
resuming its investigations. We are
resuming the investigations as if our
preliminary determinations had been
published on this notice’s publication
date.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Kaitlin Wojnar or David Lindgren at
(202) 482–3857 or (202) 482–3870,
respectively; 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.
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 80, No. 85 / Monday, May 4, 2015 / Notices
Background
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On April 17, 2014, the Department
initiated AD and CVD investigations of
sugar from Mexico under sections 732
and 702 of the Act, respectively.1 On
August 25, 2014, the Department made
an affirmative preliminary CVD
determination and aligned the date of its
final determination with that of the
concurrent AD investigation.2 On
October 24, 2014, the Department made
a preliminary determination of sales at
less than fair value and fully extended
the final determination deadline.3
On October 27, 2014, the Department
and a representative for the Mexican
sugar producers/exporters initialed a
proposed agreement to suspend the AD
investigation of sugar from Mexico.4 On
the same day, the Department and the
Government of Mexico initialed a
proposed agreement to suspend the CVD
investigation of sugar from Mexico.5
Consistent with sections 734(e)(1) and
704(e)(1) of the Act, the Department
notified all interested parties and the
U.S. International Trade Commission
(ITC) of the proposed agreement.6 On
October 30, 2014, the Department issued
a memorandum proposing a
clarification of the scope of the
investigations.7 Interested parties were
invited to submit written comments on
the proposed suspension agreements
and the proposed scope clarification by
November 10, 2014. On November 7,
2014, that deadline was extended to
November 18, 2014.8 The Department
received timely comments from
numerous parties.
1 See Sugar from Mexico: Initiation of
Antidumping Duty Investigation, 79 FR 22795
(April 24, 2014); see also Sugar from Mexico:
Initiation of Countervailing Duty Investigation, 79
FR 22790 (April 24, 2015).
2 See Sugar from Mexico: Preliminary Affirmative
Countervailing Duty Determination and Alignment
of Final Countervailing Duty Determination with
Final Antidumping Duty Determination, 79 FR
51956 (September 2, 2014).
3 See Sugar from Mexico: Preliminary
Determination of Sales at Less Than Fair Value and
Postponement of Final Determination, 79 FR 65189
(November 3, 2014).
4 See Department Memorandum, ‘‘Draft
Agreement Suspending the Antidumping Duty
Investigation on Sugar from Mexico,’’ October 27,
2014.
5 See Department Memorandum, ‘‘Draft
Agreement Suspending the Countervailing Duty
Investigation on Sugar from Mexico,’’ October 27,
2014.
6 See Department Memorandum, ‘‘Memorandum
to All Interested Parties,’’ October 27, 2014.
7 See Department Memorandum, ‘‘Antidumping
and Countervailing Duty Investigations of Sugar
from Mexico: Proposed Scope Clarification,’’
October 30, 2014.
8 See Department Memorandum, ‘‘Sugar from
Mexico: Notice of Extension of Deadline to Submit
Comments on Draft Suspension Agreements and
Scope Clarification,’’ November 7, 2014.
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The Department and a representative
of the signatory producers/exporters
accounting for substantially all imports
of Mexican sugar to the United States,
Camara Nacional de Las Industrias
Azucarera y Alcoholera (the Mexican
Sugar Chamber), signed an agreement
suspending the AD investigation on
December 19, 2014.9 On the same day,
the Department and the Government of
Mexico signed an agreement suspending
the CVD investigation.10 In accordance
with sections 734(f) and 704(f) of the
Act, the Department notified the ITC of
its suspension of the AD and CVD
investigations.11 The scope of the
investigations was revised, as provided
in the Suspension Agreements, based on
comments received from interested
parties.
On January 8, 2015, Imperial Sugar
Company (Imperial) and AmCane Sugar
LLC (AmCane) each notified the
Department that they had petitioned the
ITC to conduct a review to determine
whether the injurious effects of imports
of the subject merchandise are
eliminated completely by the AD
Suspension Agreement (a section 734(h)
review) and the CVD Suspension
Agreement (a section 704(h) review).12
On January 16, 2015, Imperial and
AmCane also submitted timely requests
for continuation of the AD and CVD
investigations.13 The American Sugar
Coalition and its members14
(collectively, Petitioners) and the
9 See Sugar from Mexico: Suspension of
Antidumping Duty Investigation, 79 FR 78039
(December 29, 2014), at Attachment, ‘‘Agreement
Suspending the Antidumping Duty Investigation on
Sugar from Mexico’’ (AD Suspension Agreement).
10 See Sugar from Mexico: Suspension of
Countervailing Duty Investigation, 79 FR 78044
(December 29, 2014), at Attachment, ‘‘Agreement
Suspending the Countervailing Duty Investigation
on Sugar from Mexico’’ (CVD Suspension
Agreement) (collectively, with the AD Suspension
Agreement, the Suspension Agreements).
11 See Letter from the Department, ‘‘Suspension
of Antidumping and Countervailing Duty
Investigations of Sugar from Mexico,’’ December 22,
2014.
12 See Letter from Imperial, ‘‘Sugar from
Mexico—Notice of Filing of Petition for Review of
Suspension Agreements to Eliminate the Injurious
Effect of Subject Imports,’’ January 8, 2015; see also
Letter from AmCane, ‘‘Sugar from Mexico: Notice
of Petition for Review of Suspension Agreements,’’
January 8, 2015.
13 See Letter from Imperial, ‘‘Sugar from Mexico,
Inv. Nos. A–201–845 and C–201–846—Request for
Continuation of Investigations,’’ January 16, 2015;
see also Letter from AmCane, ‘‘Sugar from Mexico:
Request for Continuation of Investigations,’’ January
16, 2015.
14 The American Sugar Coalition is comprised of
the following individual members: American Sugar
Cane League; American Sugar Refining, Inc.;
American Sugarbeet Growers Association; Florida
Sugar Cane League; Hawaiian Commercial and
Sugar Company; Rio Grande Valley Sugar Growers,
Inc.; Sugar Cane Growers Cooperative of Florida;
and United States Beet Sugar Association.
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25279
Mexican Sugar Chamber challenged
both Imperial’s and AmCane’s standing
to request continuation under sections
734(g) and 704(g) of the Act.15 The
Department solicited comments on the
standing issue and notified interested
parties that, if it was determined that
continuation is warranted, the
suspended investigations would resume
following the March 24, 2015, deadline
for the ITC’s section 734(h) and section
704(h) reviews.16 We received
comments and rebuttal comments on
the standing issue from several
interested parties.17
On March 19, 2015, in a unanimous
vote, the ITC found that the Suspension
Agreements eliminate completely the
injurious effects of imports of sugar
from Mexico.18 On the same day, the
Department announced that it would
issue a decision regarding continuation
15 See Letter from Petitioners, ‘‘Sugar from
Mexico: Opposition to Standing of Imperial Sugar
Company and AmCane Sugar LLC to Request
Continuation of Suspended Investigations,’’ January
20, 2015; see also Letter from the Mexican Sugar
Chamber, ‘‘Letter Supporting Petitioners’
Opposition to Standing of Imperial Sugar Company
and AmCane Sugar LLC,’’ January 22, 2015.
Rebuttal comments were filed on January 27 and 28,
2015, and Petitioners filed a reply on January 29,
2015. See Letter from Imperial, ‘‘Sugar from
Mexico, Inv. Nos. A–201–845 and C–201–846—
Response to Opposition to Standing of Imperial
Sugar Company to Request Continuation of
Suspended Investigations,’’ January 27, 2015; see
also Letter from AmCane, ‘‘Sugar from Mexico:
Response to Letter Disputing Standing of AmCane
Sugar LLC to Request Continuation of Suspended
Investigations,’’ January 28, 2015; Letter from
Petitioners, ‘‘Sugar from Mexico: Reply to
Imperial’s and AmCane’s Responses to Petitioners’
Opposition to Standing to Request Continuation of
Suspended Investigations,’’ January 29, 2015.
16 See Department Memorandum, ‘‘Solicitation of
Comments and Timetable for Requests to Continue
the Antidumping and Countervailing Duty
Investigations on Sugar from Mexico,’’ January 28,
2015.
17 See Letter from the Mexican Sugar Chamber,
‘‘Investigation of Sugar from Mexico—Opposition to
Standing of Imperial Sugar Company and AmCane
Sugar LLC,’’ February 10, 2015; see also Letter from
Sweetener Users Association, ‘‘Sugar from
Mexico—Comments of the Sweetener Users
Association in Support of Determination that
Certain Sugar Refiners Have Standing to Request
Continuation of Investigations,’’ February 10, 2015;
Letter from Petitioners, ‘‘Sugar from Mexico:
Comments on Continuation of Suspended
Investigations,’’ February 10, 2015; Letter from
Imperial, ‘‘Sugar from Mexico, Inv. Nos. A–201–845
and C–201–846—Rebuttal Comments in Response
to Opposition to Standing of Imperial Sugar
Company to Request Continuation of Suspended
Investigations,’’ February 17, 2015; Letter from
AmCane, ‘‘Sugar from Mexico: Response to
Petitioners’ Feb. 10 Comments on Continuation of
Suspended Investigations,’’ February 17, 2015;
Letter from Petitioners, ‘‘Sugar from Mexico:
Rebuttal to Sweetener Users Association’s
Comments on Standing of Imperial Sugar Company
and AmCane Sugar LLC,’’ February 18, 2015.
18 See Department Memorandum, ‘‘Requests to
Continue the Antidumping and Countervailing
Duty Investigations on Sugar from Mexico,’’ March
19, 2015.
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Federal Register / Vol. 80, No. 85 / Monday, May 4, 2015 / Notices
of the investigations promptly after the
ITC made its views and findings
available.19 On March 24, 2015, the ITC
notified the Department of its
determinations.20 On April 10, 2015, the
ITC provided a report of its views and
findings in the section 734(h) and
section 704(h) reviews to the
Department.21 On April 24, 2015, we
issued a memorandum regarding our
determination that Imperial and
AmCane are interested parties which are
parties to the investigations and,
accordingly, have standing to request
continuation of the AD and CVD
investigations.22
Continuation of Investigations
Sections 734(g) and 704(g) of the Act
require the Department to continue a
suspended investigation if it receives a
request for continuation within 20 days
of the notice of suspension of an
investigation from an interested party,
as described in section 771(9)(C)
through (G) of the Act, which is a party
to the investigation. As noted above,
Imperial and AmCane filed timely
requests for continuation. Having
determined that Imperial and AmCane
have standing to request continuation,
the Department is continuing its AD and
CVD investigations of imports of sugar
from Mexico pursuant to sections 734(g)
and 704(g) of the Act, respectively. The
Department is resuming the
investigations as if its preliminary
determinations had been published on
this notice’s publication date.
Consistent with section 735(a)(2)(A) of
the Act, as well as the CVD
investigation’s prior alignment with the
concurrent AD investigation, we intend
to make our final determination in both
investigations within 135 days of this
notice’s publication date.
Dated: April 24, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2015–10253 Filed 5–1–15; 8:45 am]
BILLING CODE 3510–DS–P
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19 Id.
20 See Letter from the ITC, Notification of
Determination, March 24, 2015.
21 See Letter from the ITC, Notification of Report,
April 9, 2015 (notifying the Department that a
report on the ITC’s section 734(h) and section
704(h) reviews would be available on the ITC’s
electronic filing system in one business day).
22 See Department Memorandum, ‘‘Standing of
Imperial Sugar and AmCane Sugar to Request
Continuation of the AD and CVD Investigations on
Sugar From Mexico,’’ April 24, 2015.
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Notice of Meeting
The next meeting of the U.S.
Commission of Fine Arts is scheduled
for 21 May 2015, at 9:00 a.m. in the
Commission offices at the National
Building Museum, Suite 312, Judiciary
Square, 401 F Street NW., Washington
DC, 20001–2728. Items of discussion
may include buildings, parks and
memorials.
Draft agendas and additional
information regarding the Commission
are available on our Web site:
www.cfa.gov. Inquiries regarding the
agenda and requests to submit written
or oral statements should be addressed
to Thomas Luebke, Secretary, U.S.
Commission of Fine Arts, at the above
address; by emailing staff@cfa.gov; or by
calling 202–504–2200 Individuals
requiring sign language interpretation
for the hearing impaired should contact
the Secretary at least 10 days before the
meeting date.
Dated: April 24, 2015, in Washington DC.
Thomas Luebke,
Secretary.
[FR Doc. 2015–10345 Filed 5–1–15; 8:45 am]
BILLING CODE 6330–01–M
COMMODITY FUTURES TRADING
COMMISSION
Agency Information Collection
Activities: Notice of Intent To Renew
Collection 3038–0009, Large Trader
Reports
Commodity Futures Trading
Commission.
ACTION: Notice.
AGENCY:
The Commodity Futures
Trading Commission (‘‘CFTC’’ or
‘‘Commission’’) is announcing an
opportunity for public comment on the
proposed collection of certain
information by the agency. Under the
Paperwork Reduction Act of 1995
(‘‘PRA’’), Federal agencies are required
to publish notice in the Federal Register
concerning each proposed collection of
information, including each proposed
extension of an existing collection of
information, and to allow 60 days for
public comment in response to the
notice. This notice solicits comments on
large trader reports and related forms
that are needed to ensure that the CFTC
receives adequate information to carry
out its market and financial surveillance
programs.
DATES: Comments must be submitted on
or before July 6, 2015.
SUMMARY:
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You may submit comments,
identified by OMB Control No. 3038–
0009 by any of the following methods:
• The Agency’s Web site, at https://
comments.cftc.gov/. Follow the
instructions for submitting comments
through the Web site.
• Mail: Christopher Kirkpatrick,
Secretary of the Commission,
Commodity Futures Trading
Commission, Three Lafayette Centre,
1155 21st Street NW., Washington, DC
20581.
• Hand Delivery/Courier: Same as
Mail above.
• Federal eRulemaking Portal: https://
www.regulations.gov/. Follow the
instructions for submitting comments
through the Portal.
Please submit your comments using
only one method.
FOR FURTHER INFORMATION CONTACT:
Hannah Ropp, Surveillance Analyst,
Division of Market Oversight;
Commodity Futures Trading
Commission, Three Lafayette Centre,
1155 21st Street NW., Washington, DC
20581; phone: (202) 418–5228; fax: (202)
418–5507; email: hropp@cftc.gov, and
refer to OMB Control No. 3038–0009.
SUPPLEMENTARY INFORMATION: Under the
PRA, Federal agencies must obtain
approval from the Office of Management
and Budget (‘‘OMB’’) for each collection
of information they conduct or sponsor.
‘‘Collection of information’’ is defined
in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes agency requests
or requirements that members of the
public submit reports, keep records, or
provide information to a third party.
Section 3506(c)(2)(A) of the PRA, 44
U.S.C. 3506(c)(2)(A), requires Federal
agencies to provide a 60-day notice in
the Federal Register concerning each
proposed collection of information,
including each proposed extension of an
existing collection of information,
before submitting the collection to OMB
for approval. To comply with this
requirement, the CFTC is publishing
notice of the proposed collection of
information listed below.1
Title: Large Trader Reports (OMB
Control No. 3038–0009). This is a
request for extension of a currently
approved information collection.
Abstract: The reporting rules covered
by OMB control number 3038–0009
(‘‘Collection’’) are structured to ensure
ADDRESSES:
COMMISSION OF FINE ARTS
1 This notice does not solicit comment on the
proposed amendments to this collection that may
result from the proposal titled Position Limits for
Derivatives (78 FR 75680, Dec. 12, 2013). Comments
on the Paperwork Reduction Act implications of the
Position Limits for Derivatives proposal were
solicited through the proposal itself, the comment
period for which (as extended and reopened) closed
on March 30, 2015.
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]]>Agencies
[Federal Register Volume 80, Number 85 (Monday, May 4, 2015)]
[Notices]
[Pages 25278-25280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-10253]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-845; C-201-846]
Sugar From Mexico: Continuation of Antidumping and Countervailing
Duty Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Effective Date: May 4, 2015.
SUMMARY: As of December 19, 2014, the Department of Commerce (the
Department) suspended the antidumping duty (AD) investigation of
imports of sugar from Mexico, based on an agreement between the
Department and signatory producers/exporters accounting for
substantially all imports of sugar from Mexico, and the countervailing
duty (CVD) investigation of imports of sugar from Mexico, based on an
agreement between the Department and the Government of Mexico. Both
agreements eliminate completely the injurious effects of exports of the
subject merchandise to the United States. The Department has received
timely requests to continue the AD and CVD investigations of sugar from
Mexico. Pursuant to sections 734(g) and 704(g) of the Tariff Act of
1930, as amended (the Act), respectively, the Department is resuming
its investigations. We are resuming the investigations as if our
preliminary determinations had been published on this notice's
publication date.
FOR FURTHER INFORMATION CONTACT: Kaitlin Wojnar or David Lindgren at
(202) 482-3857 or (202) 482-3870, respectively; 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.
SUPPLEMENTARY INFORMATION:
[[Page 25279]]
Background
On April 17, 2014, the Department initiated AD and CVD
investigations of sugar from Mexico under sections 732 and 702 of the
Act, respectively.\1\ On August 25, 2014, the Department made an
affirmative preliminary CVD determination and aligned the date of its
final determination with that of the concurrent AD investigation.\2\ On
October 24, 2014, the Department made a preliminary determination of
sales at less than fair value and fully extended the final
determination deadline.\3\
---------------------------------------------------------------------------
\1\ See Sugar from Mexico: Initiation of Antidumping Duty
Investigation, 79 FR 22795 (April 24, 2014); see also Sugar from
Mexico: Initiation of Countervailing Duty Investigation, 79 FR 22790
(April 24, 2015).
\2\ See Sugar from Mexico: Preliminary Affirmative
Countervailing Duty Determination and Alignment of Final
Countervailing Duty Determination with Final Antidumping Duty
Determination, 79 FR 51956 (September 2, 2014).
\3\ See Sugar from Mexico: Preliminary Determination of Sales at
Less Than Fair Value and Postponement of Final Determination, 79 FR
65189 (November 3, 2014).
---------------------------------------------------------------------------
On October 27, 2014, the Department and a representative for the
Mexican sugar producers/exporters initialed a proposed agreement to
suspend the AD investigation of sugar from Mexico.\4\ On the same day,
the Department and the Government of Mexico initialed a proposed
agreement to suspend the CVD investigation of sugar from Mexico.\5\
Consistent with sections 734(e)(1) and 704(e)(1) of the Act, the
Department notified all interested parties and the U.S. International
Trade Commission (ITC) of the proposed agreement.\6\ On October 30,
2014, the Department issued a memorandum proposing a clarification of
the scope of the investigations.\7\ Interested parties were invited to
submit written comments on the proposed suspension agreements and the
proposed scope clarification by November 10, 2014. On November 7, 2014,
that deadline was extended to November 18, 2014.\8\ The Department
received timely comments from numerous parties.
---------------------------------------------------------------------------
\4\ See Department Memorandum, ``Draft Agreement Suspending the
Antidumping Duty Investigation on Sugar from Mexico,'' October 27,
2014.
\5\ See Department Memorandum, ``Draft Agreement Suspending the
Countervailing Duty Investigation on Sugar from Mexico,'' October
27, 2014.
\6\ See Department Memorandum, ``Memorandum to All Interested
Parties,'' October 27, 2014.
\7\ See Department Memorandum, ``Antidumping and Countervailing
Duty Investigations of Sugar from Mexico: Proposed Scope
Clarification,'' October 30, 2014.
\8\ See Department Memorandum, ``Sugar from Mexico: Notice of
Extension of Deadline to Submit Comments on Draft Suspension
Agreements and Scope Clarification,'' November 7, 2014.
---------------------------------------------------------------------------
The Department and a representative of the signatory producers/
exporters accounting for substantially all imports of Mexican sugar to
the United States, Camara Nacional de Las Industrias Azucarera y
Alcoholera (the Mexican Sugar Chamber), signed an agreement suspending
the AD investigation on December 19, 2014.\9\ On the same day, the
Department and the Government of Mexico signed an agreement suspending
the CVD investigation.\10\ In accordance with sections 734(f) and
704(f) of the Act, the Department notified the ITC of its suspension of
the AD and CVD investigations.\11\ The scope of the investigations was
revised, as provided in the Suspension Agreements, based on comments
received from interested parties.
---------------------------------------------------------------------------
\9\ See Sugar from Mexico: Suspension of Antidumping Duty
Investigation, 79 FR 78039 (December 29, 2014), at Attachment,
``Agreement Suspending the Antidumping Duty Investigation on Sugar
from Mexico'' (AD Suspension Agreement).
\10\ See Sugar from Mexico: Suspension of Countervailing Duty
Investigation, 79 FR 78044 (December 29, 2014), at Attachment,
``Agreement Suspending the Countervailing Duty Investigation on
Sugar from Mexico'' (CVD Suspension Agreement) (collectively, with
the AD Suspension Agreement, the Suspension Agreements).
\11\ See Letter from the Department, ``Suspension of Antidumping
and Countervailing Duty Investigations of Sugar from Mexico,''
December 22, 2014.
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On January 8, 2015, Imperial Sugar Company (Imperial) and AmCane
Sugar LLC (AmCane) each notified the Department that they had
petitioned the ITC to conduct a review to determine whether the
injurious effects of imports of the subject merchandise are eliminated
completely by the AD Suspension Agreement (a section 734(h) review) and
the CVD Suspension Agreement (a section 704(h) review).\12\ On January
16, 2015, Imperial and AmCane also submitted timely requests for
continuation of the AD and CVD investigations.\13\ The American Sugar
Coalition and its members\14\ (collectively, Petitioners) and the
Mexican Sugar Chamber challenged both Imperial's and AmCane's standing
to request continuation under sections 734(g) and 704(g) of the
Act.\15\ The Department solicited comments on the standing issue and
notified interested parties that, if it was determined that
continuation is warranted, the suspended investigations would resume
following the March 24, 2015, deadline for the ITC's section 734(h) and
section 704(h) reviews.\16\ We received comments and rebuttal comments
on the standing issue from several interested parties.\17\
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\12\ See Letter from Imperial, ``Sugar from Mexico--Notice of
Filing of Petition for Review of Suspension Agreements to Eliminate
the Injurious Effect of Subject Imports,'' January 8, 2015; see also
Letter from AmCane, ``Sugar from Mexico: Notice of Petition for
Review of Suspension Agreements,'' January 8, 2015.
\13\ See Letter from Imperial, ``Sugar from Mexico, Inv. Nos. A-
201-845 and C-201-846--Request for Continuation of Investigations,''
January 16, 2015; see also Letter from AmCane, ``Sugar from Mexico:
Request for Continuation of Investigations,'' January 16, 2015.
\14\ The American Sugar Coalition is comprised of the following
individual members: American Sugar Cane League; American Sugar
Refining, Inc.; American Sugarbeet Growers Association; Florida
Sugar Cane League; Hawaiian Commercial and Sugar Company; Rio Grande
Valley Sugar Growers, Inc.; Sugar Cane Growers Cooperative of
Florida; and United States Beet Sugar Association.
\15\ See Letter from Petitioners, ``Sugar from Mexico:
Opposition to Standing of Imperial Sugar Company and AmCane Sugar
LLC to Request Continuation of Suspended Investigations,'' January
20, 2015; see also Letter from the Mexican Sugar Chamber, ``Letter
Supporting Petitioners' Opposition to Standing of Imperial Sugar
Company and AmCane Sugar LLC,'' January 22, 2015. Rebuttal comments
were filed on January 27 and 28, 2015, and Petitioners filed a reply
on January 29, 2015. See Letter from Imperial, ``Sugar from Mexico,
Inv. Nos. A-201-845 and C-201-846--Response to Opposition to
Standing of Imperial Sugar Company to Request Continuation of
Suspended Investigations,'' January 27, 2015; see also Letter from
AmCane, ``Sugar from Mexico: Response to Letter Disputing Standing
of AmCane Sugar LLC to Request Continuation of Suspended
Investigations,'' January 28, 2015; Letter from Petitioners, ``Sugar
from Mexico: Reply to Imperial's and AmCane's Responses to
Petitioners' Opposition to Standing to Request Continuation of
Suspended Investigations,'' January 29, 2015.
\16\ See Department Memorandum, ``Solicitation of Comments and
Timetable for Requests to Continue the Antidumping and
Countervailing Duty Investigations on Sugar from Mexico,'' January
28, 2015.
\17\ See Letter from the Mexican Sugar Chamber, ``Investigation
of Sugar from Mexico--Opposition to Standing of Imperial Sugar
Company and AmCane Sugar LLC,'' February 10, 2015; see also Letter
from Sweetener Users Association, ``Sugar from Mexico--Comments of
the Sweetener Users Association in Support of Determination that
Certain Sugar Refiners Have Standing to Request Continuation of
Investigations,'' February 10, 2015; Letter from Petitioners,
``Sugar from Mexico: Comments on Continuation of Suspended
Investigations,'' February 10, 2015; Letter from Imperial, ``Sugar
from Mexico, Inv. Nos. A-201-845 and C-201-846--Rebuttal Comments in
Response to Opposition to Standing of Imperial Sugar Company to
Request Continuation of Suspended Investigations,'' February 17,
2015; Letter from AmCane, ``Sugar from Mexico: Response to
Petitioners' Feb. 10 Comments on Continuation of Suspended
Investigations,'' February 17, 2015; Letter from Petitioners,
``Sugar from Mexico: Rebuttal to Sweetener Users Association's
Comments on Standing of Imperial Sugar Company and AmCane Sugar
LLC,'' February 18, 2015.
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On March 19, 2015, in a unanimous vote, the ITC found that the
Suspension Agreements eliminate completely the injurious effects of
imports of sugar from Mexico.\18\ On the same day, the Department
announced that it would issue a decision regarding continuation
[[Page 25280]]
of the investigations promptly after the ITC made its views and
findings available.\19\ On March 24, 2015, the ITC notified the
Department of its determinations.\20\ On April 10, 2015, the ITC
provided a report of its views and findings in the section 734(h) and
section 704(h) reviews to the Department.\21\ On April 24, 2015, we
issued a memorandum regarding our determination that Imperial and
AmCane are interested parties which are parties to the investigations
and, accordingly, have standing to request continuation of the AD and
CVD investigations.\22\
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\18\ See Department Memorandum, ``Requests to Continue the
Antidumping and Countervailing Duty Investigations on Sugar from
Mexico,'' March 19, 2015.
\19\ Id.
\20\ See Letter from the ITC, Notification of Determination,
March 24, 2015.
\21\ See Letter from the ITC, Notification of Report, April 9,
2015 (notifying the Department that a report on the ITC's section
734(h) and section 704(h) reviews would be available on the ITC's
electronic filing system in one business day).
\22\ See Department Memorandum, ``Standing of Imperial Sugar and
AmCane Sugar to Request Continuation of the AD and CVD
Investigations on Sugar From Mexico,'' April 24, 2015.
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Continuation of Investigations
Sections 734(g) and 704(g) of the Act require the Department to
continue a suspended investigation if it receives a request for
continuation within 20 days of the notice of suspension of an
investigation from an interested party, as described in section
771(9)(C) through (G) of the Act, which is a party to the
investigation. As noted above, Imperial and AmCane filed timely
requests for continuation. Having determined that Imperial and AmCane
have standing to request continuation, the Department is continuing its
AD and CVD investigations of imports of sugar from Mexico pursuant to
sections 734(g) and 704(g) of the Act, respectively. The Department is
resuming the investigations as if its preliminary determinations had
been published on this notice's publication date. Consistent with
section 735(a)(2)(A) of the Act, as well as the CVD investigation's
prior alignment with the concurrent AD investigation, we intend to make
our final determination in both investigations within 135 days of this
notice's publication date.
Dated: April 24, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-10253 Filed 5-1-15; 8:45 am]
BILLING CODE 3510-DS-P
