Agreement Suspending the Countervailing Duty Investigation on Sugar From Mexico (as Amended); Preliminary Results of 2017 Administrative Review, 65347-65348 [2018-27537]

Download as PDF Federal Register / Vol. 83, No. 244 / Thursday, December 20, 2018 / Notices with the regulations and terms of an APO is a sanctionable violation. We are issuing and publishing these final results and revocation, in part, and notice in accordance with sections 751(b) and 777(i) of the Act and 19 CFR 351.216, 19 CFR 351.221(c)(3), and 19 CFR 351.222. Dated: December 13, 2018. Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance. [FR Doc. 2018–27533 Filed 12–19–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–201–846] Agreement Suspending the Countervailing Duty Investigation on Sugar From Mexico (as Amended); Preliminary Results of 2017 Administrative Review Enforcement & Compliance, International Trade Administration, Department of Commerce. DATES: Applicable December 20, 2018. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that the Government of Mexico (GOM) and selected respondents Ingenio El Higo S.A. de C.V., Central El Potrero S.A. de C.V., Ingenio Melchor Ocampo S.A. de C.V., and Zucarmex S.A. de C.V. (and their affiliates) are in compliance with the Agreement Suspending the Countervailing Duty Investigation of Sugar from Mexico (CVD Agreement), as amended on June 30, 2017 (collectively, amended CVD Agreement), for the period October 1, 2017, through December 31, 2017. Commerce also preliminary determines that the amended CVD Agreement is meeting the statutory requirements under sections 704(c) and (d) of the Tariff Act of 1930, as amended. Interested parties are invited to comment on these preliminary results. 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, respectively. SUPPLEMENTARY INFORMATION: khammond on DSK30JT082PROD with NOTICES AGENCY: Background On December 19, 2014, Commerce signed an agreement under section 704(c) of the Tariff Act of 1930, as amended (the Act), with the GOM, VerDate Sep<11>2014 17:21 Dec 19, 2018 Jkt 247001 suspending the CVD investigation on sugar from Mexico.1 On June 30, 2017, Commerce and the GOM signed an amendment to the CVD Agreement.2 On December 29, 2017, the American Sugar Coalition and its Members 3 (petitioners) filed a request for an administrative review of the amended CVD Agreement.4 The review was initiated on February 13, 2018, covering the January 1, 2017 through December 31, 2017,5 period of review (POR). Commerce amended the POR on April 19, 2018, to reflect the period from October 1, 2017 to December 31, 2017 (including sales prior to October 1, 2017 that resulted in entries during the fourth quarter of 2017).6 On May 23, 2018, Commerce selected the four largest producers/exporters by volume as mandatory respondents,7 and issued its questionnaire to the GOM, the signatory to the CVD Agreement, and asked the GOM to send full questionnaires at attachment 1 to the four selected companies (and their affiliates). These were: Central El Potrero S.A. de C.V., Ingenio El Higo S.A. de C.V., Ingenio Melchor Ocampo S.A. de C.V, and Zucarmex S.A. de C.V. Commerce also asked that the GOM respond to its own questionnaire. Scope of Review Merchandise covered by this amended CVD Agreement is typically imported under the following headings of the HTSUS: 1701.12.1000, 1701.12.5000, 1701.13.1000, 1 See Agreement Suspending the Countervailing Duty Investigation of Sugar from Mexico, 79 FR 78044 (December 29, 2014) (CVD Agreement). 2 See Sugar from Mexico: Amendment to the Agreement Suspending the Countervailing Duty Investigation, 82 FR 31942 (July 11, 2017) (CVD Amendment). 3 The members of the American Sugar Coalition are as follows: 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. 4 See Letter from petitioners, entitled ‘‘Sugar from Mexico: Request for Administrative Review’’ (December 29, 2017). 5 The original initiation notice had incorrectly stated that the POR ended on December 30, 2017, and this was corrected in the initiation notice published on March 16, 2018. 6 See Memorandum to P. Lee Smith, entitled ‘‘Administrative Review of the Agreement Suspending the Countervailing Duty Investigation on Sugar from Mexico, as Amended: Period of Review’’ (April 19, 2018). 7 See Memorandum to P. Lee Smith, entitled ‘‘2017 Administrative Review of the Agreement Suspending the Countervailing Duty Investigation on Sugar from Mexico As Amended: Respondent Selection’’ and ‘‘Questionnaire Regarding the Agreement Suspending the Countervailing Duty Investigation on Sugar from Mexico for the October 1, 2017 through December 31, 2017 Period of Review’’, both dated May 23, 2018. PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 65347 1701.13.5000, 1701.14.1000, 1701.14.5000, 1701.91.1000, 1701.91.3000, 1701.99.1010, 1701.99.1025, 1701.99.1050, 1701.99.5010, 1701.99.5025, 1701.99.5050, and 1702.90.4000. The tariff classification is provided for convenience and customs purposes; however, the written description of the scope of this amended CVD Agreement is dispositive.8 Methodology and Preliminary Results Commerce is conducting this review in accordance with section 751(a)(1)(C) of the Act. After reviewing the information received to date from the respondent companies and the GOM in their questionnaire and supplemental questionnaire responses, we preliminarily find that the information indicates that the GOM has adhered to the terms of the amended CVD Agreement and that the amended CVD Agreement is functioning as intended. Further, we preliminarily determine that the amended CVD Agreement is meeting the statutory requirements under sections 704(c) and (d) of the Act. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. Public Comment Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit case briefs not later than 30 days after the date of publication of this notice. Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs in accordance with 19 CFR 351.309(d)(1). Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to provide: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. See 19 CFR 351.309(c)(2) and (d)(2). Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, or to participate if one is requested, must submit a written request to the Assistant Secretary for Enforcement and Compliance filed electronically via ACCESS. An 8 For a complete description of the Scope of the Order, see Memorandum to Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance, from P. Lee Smith, Deputy Assistant Secretary for Policy and Negotiations, ‘‘Decision Memorandum for Preliminary Results of Administrative Review of the Agreement Suspending the Antidumping Duty Investigation on Sugar from Mexico,’’ dated concurrently with this notice (Preliminary Decision Memorandum). E:\FR\FM\20DEN1.SGM 20DEN1 65348 Federal Register / Vol. 83, No. 244 / Thursday, December 20, 2018 / Notices electronically filed document must be received successfully in its entirety by Commerce’s electronic records system, ACCESS, by 5:00 p.m. Eastern Standard Time within 30 days after the date of publication of this notice. Requests should contain: (1) The party’s name, address and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case briefs. Commerce intends to issue the final results of this administrative review, including the results of its analysis of the issues raised in any written briefs, not later than 120 days after the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Act. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: December 14, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. [FR Doc. 2018–27537 Filed 12–19–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–836] Certain Cut-to-Length Carbon-Quality Steel Plate Products From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2017–2018 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that producers and/or exporters subject to this administrative review made sales of subject merchandise at less than normal value. Interested parties are invited to comment on these preliminary results of review. DATES: Applicable December 20, 2018. FOR FURTHER INFORMATION CONTACT: Yang Jin Chun or Thomas Schauer, AD/ CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone (202) 482–5760 or (202) 482–0410, respectively. khammond on DSK30JT082PROD with NOTICES AGENCY: SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 17:21 Dec 19, 2018 Jkt 247001 Background On April 16, 2018, Commerce initiated the administrative review of the antidumping duty order on certain cut-to-length carbon-quality steel plate products (CTL plate) from the Republic of Korea (Korea).1 The period of review is February 1, 2017, through January 31, 2018. at https://access.trade.gov and to all parties in Commerce’s Central Records Unit, located at room B8024 of the main Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be found at https://enforcement.trade.gov/frn/ index.html. Scope of the Order The products covered by the antidumping duty order are certain CTL plate. Imports of CTL plate are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under subheadings 7208.40.3030, 7208.40.3060, 7208.51.0030, 7208.51.0045, 7208.51.0060, 7208.52.0000, 7208.53.0000, 7208.90.0000, 7210.70.3000, 7210.90.9000, 7211.13.0000, 7211.14.0030, 7211.14.0045, 7211.90.0000, 7212.40.1000, 7212.40.5000, 7212.50.0000, 7225.40.3050, 7225.40.7000, 7225.50.6000, 7225.99.0090, 7226.91.5000, 7226.91.7000, 7226.91.8000, and 7226.99.0000. While the HTSUS subheadings are provided for convenience and customs purposes, the written description is dispositive. A full description of the scope of the order is contained in the Preliminary Decision Memorandum.2 Pursuant to section 776(a) of the Act, Commerce is preliminarily relying upon facts otherwise available to calculate certain expenses with respect to Hyundai Steel in this review because Hyundai Steel withheld necessary information that was requested by Commerce and failed to provide verifiable information. Further, Commerce preliminarily determines that Hyundai Steel failed to cooperate by not acting to the best of its ability to comply with requests for information and, thus, Commerce is applying adverse facts available (AFA) to Hyundai Steel, in accordance with section 776(b) of the Act. For a full description of the methodology underlying our conclusions regarding the application of AFA, see the Preliminary Decision Memorandum. Methodology Commerce is conducting this review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act). Export price and constructed export price are calculated in accordance with section 772 of the Act. Normal value is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. A list of the topics included in the Preliminary Decision Memorandum is included in the Appendix to this notice. 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 (ACCESS). ACCESS is available to registered users 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 83 FR 16298, 16304 (April 16, 2018). 2 See the Memorandum, ‘‘Certain Cut-to-Length Carbon-Quality Steel Plate Products from the Republic of Korea: Decision Memorandum for Preliminary Results of Antidumping Duty Administrative Review; 2017–2018,’’ dated concurrently with and hereby adopted by this notice (Preliminary Decision Memorandum). PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 Adverse Facts Available Preliminary Results of the Administrative Review We preliminarily determine that the following weighted-average dumping margins exist for the respondents for the period February 1, 2017, through January 31, 2018. Producer/exporter Weightedaverage dumping margin (percent) Dongkuk Steel Mill Co., Ltd .. Hyundai Steel Company ....... 1.43 4.19 Disclosure and Public Comment We intend to disclose the calculations performed for these preliminary results to the parties within five days after public announcement of the preliminary results in accordance with 19 CFR 351.224(b). Pursuant to 19 CFR 351.309(c), interested parties may submit case briefs not later than 30 days after the date of publication of this notice. Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs.3 Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of 3 See E:\FR\FM\20DEN1.SGM 19 CFR 351.309(d). 20DEN1

Agencies

[Federal Register Volume 83, Number 244 (Thursday, December 20, 2018)]
[Notices]
[Pages 65347-65348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27537]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-201-846]


Agreement Suspending the Countervailing Duty Investigation on 
Sugar From Mexico (as Amended); Preliminary Results of 2017 
Administrative Review

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

DATES: Applicable December 20, 2018.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that the Government of Mexico (GOM) and selected respondents Ingenio El 
Higo S.A. de C.V., Central El Potrero S.A. de C.V., Ingenio Melchor 
Ocampo S.A. de C.V., and Zucarmex S.A. de C.V. (and their affiliates) 
are in compliance with the Agreement Suspending the Countervailing Duty 
Investigation of Sugar from Mexico (CVD Agreement), as amended on June 
30, 2017 (collectively, amended CVD Agreement), for the period October 
1, 2017, through December 31, 2017. Commerce also preliminary 
determines that the amended CVD Agreement is meeting the statutory 
requirements under sections 704(c) and (d) of the Tariff Act of 1930, 
as amended. Interested parties are invited to comment on these 
preliminary results.

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, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On December 19, 2014, Commerce signed an agreement under section 
704(c) of the Tariff Act of 1930, as amended (the Act), with the GOM, 
suspending the CVD investigation on sugar from Mexico.\1\ On June 30, 
2017, Commerce and the GOM signed an amendment to the CVD Agreement.\2\
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    \1\ See Agreement Suspending the Countervailing Duty 
Investigation of Sugar from Mexico, 79 FR 78044 (December 29, 2014) 
(CVD Agreement).
    \2\ See Sugar from Mexico: Amendment to the Agreement Suspending 
the Countervailing Duty Investigation, 82 FR 31942 (July 11, 2017) 
(CVD Amendment).
---------------------------------------------------------------------------

    On December 29, 2017, the American Sugar Coalition and its Members 
\3\ (petitioners) filed a request for an administrative review of the 
amended CVD Agreement.\4\ The review was initiated on February 13, 
2018, covering the January 1, 2017 through December 31, 2017,\5\ period 
of review (POR). Commerce amended the POR on April 19, 2018, to reflect 
the period from October 1, 2017 to December 31, 2017 (including sales 
prior to October 1, 2017 that resulted in entries during the fourth 
quarter of 2017).\6\ On May 23, 2018, Commerce selected the four 
largest producers/exporters by volume as mandatory respondents,\7\ and 
issued its questionnaire to the GOM, the signatory to the CVD 
Agreement, and asked the GOM to send full questionnaires at attachment 
1 to the four selected companies (and their affiliates). These were: 
Central El Potrero S.A. de C.V., Ingenio El Higo S.A. de C.V., Ingenio 
Melchor Ocampo S.A. de C.V, and Zucarmex S.A. de C.V. Commerce also 
asked that the GOM respond to its own questionnaire.
---------------------------------------------------------------------------

    \3\ The members of the American Sugar Coalition are as follows: 
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.
    \4\ See Letter from petitioners, entitled ``Sugar from Mexico: 
Request for Administrative Review'' (December 29, 2017).
    \5\ The original initiation notice had incorrectly stated that 
the POR ended on December 30, 2017, and this was corrected in the 
initiation notice published on March 16, 2018.
    \6\ See Memorandum to P. Lee Smith, entitled ``Administrative 
Review of the Agreement Suspending the Countervailing Duty 
Investigation on Sugar from Mexico, as Amended: Period of Review'' 
(April 19, 2018).
    \7\ See Memorandum to P. Lee Smith, entitled ``2017 
Administrative Review of the Agreement Suspending the Countervailing 
Duty Investigation on Sugar from Mexico As Amended: Respondent 
Selection'' and ``Questionnaire Regarding the Agreement Suspending 
the Countervailing Duty Investigation on Sugar from Mexico for the 
October 1, 2017 through December 31, 2017 Period of Review'', both 
dated May 23, 2018.
---------------------------------------------------------------------------

Scope of Review

    Merchandise covered by this amended CVD Agreement is typically 
imported under the following headings of the HTSUS: 1701.12.1000, 
1701.12.5000, 1701.13.1000, 1701.13.5000, 1701.14.1000, 1701.14.5000, 
1701.91.1000, 1701.91.3000, 1701.99.1010, 1701.99.1025, 1701.99.1050, 
1701.99.5010, 1701.99.5025, 1701.99.5050, and 1702.90.4000. The tariff 
classification is provided for convenience and customs purposes; 
however, the written description of the scope of this amended CVD 
Agreement is dispositive.\8\
---------------------------------------------------------------------------

    \8\ For a complete description of the Scope of the Order, see 
Memorandum to Gary Taverman, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, performing the non-
exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance, from P. Lee Smith, Deputy Assistant 
Secretary for Policy and Negotiations, ``Decision Memorandum for 
Preliminary Results of Administrative Review of the Agreement 
Suspending the Antidumping Duty Investigation on Sugar from 
Mexico,'' dated concurrently with this notice (Preliminary Decision 
Memorandum).
---------------------------------------------------------------------------

Methodology and Preliminary Results

    Commerce is conducting this review in accordance with section 
751(a)(1)(C) of the Act. After reviewing the information received to 
date from the respondent companies and the GOM in their questionnaire 
and supplemental questionnaire responses, we preliminarily find that 
the information indicates that the GOM has adhered to the terms of the 
amended CVD Agreement and that the amended CVD Agreement is functioning 
as intended. Further, we preliminarily determine that the amended CVD 
Agreement is meeting the statutory requirements under sections 704(c) 
and (d) of the Act. For a full description of the methodology 
underlying our conclusions, see the Preliminary Decision Memorandum.

Public Comment

    Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit 
case briefs not later than 30 days after the date of publication of 
this notice. Rebuttal briefs, limited to issues raised in the case 
briefs, may be filed not later than five days after the date for filing 
case briefs in accordance with 19 CFR 351.309(d)(1). Parties who submit 
case briefs or rebuttal briefs in this proceeding are encouraged to 
provide: (1) A statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities. See 19 CFR 351.309(c)(2) and 
(d)(2).
    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, or to participate if one is requested, must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance filed electronically via ACCESS. An

[[Page 65348]]

electronically filed document must be received successfully in its 
entirety by Commerce's electronic records system, ACCESS, by 5:00 p.m. 
Eastern Standard Time within 30 days after the date of publication of 
this notice. Requests should contain: (1) The party's name, address and 
telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
those raised in the respective case briefs. Commerce intends to issue 
the final results of this administrative review, including the results 
of its analysis of the issues raised in any written briefs, not later 
than 120 days after the date of publication of this notice, pursuant to 
section 751(a)(3)(A) of the Act.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: December 14, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2018-27537 Filed 12-19-18; 8:45 am]
 BILLING CODE 3510-DS-P
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