Agreement Suspending the Antidumping Duty Investigation on Sugar From Mexico (as Amended); Final Results of 2017 Administrative Review, 25752-25753 [2019-11602]

Download as PDF 25752 Federal Register / Vol. 84, No. 107 / Tuesday, June 4, 2019 / Notices respondents listed above will be equal to the weighted-average dumping margins established in the final results of this administrative review; (2) for merchandise exported by producers or exporters not covered in this review but covered in a prior completed segment of the proceeding, the cash deposit rate will continue to be the companyspecific rate published for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or the original investigation but the producer has been covered in a prior complete segment of this proceeding, the cash deposit rate will be the rate established for the most recent period for the producer of the merchandise; (4) the cash deposit rate for all other producers or exporters will continue to be 0.98 percent,6 the all-others rate determined in the less-than-fair-value investigation, adjusted for the exportsubsidy rate in the companion countervailing duty investigation. These cash deposit requirements, when imposed, shall remain in effect until further notice. This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. khammond on DSKBBV9HB2PROD with NOTICES Notification Regarding Administrative Protective Orders This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a violation subject to sanction. This notice is published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5). 6 See, e.g., Certain Cut-to-Length Carbon-Quality Steel Plate Products from the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2016–2017, 83 FR 32629, 32630 (July 13, 2018). 17:16 Jun 03, 2019 Appendix—List of Topics Discussed in the Issues and Decision Memorandum: Summary Background Scope of the Order Changes to the Preliminary Results Discussion of the Issue Comment: Constructed Export Price Offset Recommendation [FR Doc. 2019–11600 Filed 6–3–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–201–845] Agreement Suspending the Antidumping Duty Investigation on Sugar From Mexico (as Amended); Final Results of 2017 Administrative Review Enforcement & Compliance, International Trade Administration, Department of Commerce. DATES: June 4, 2019. SUMMARY: For the final results of this review the Department of Commerce (Commerce) continues to find that the selected respondents Ingenio El Higo S.A. de C.V., Ingenio Melchor Ocampo S.A. de C.V., and Zucarmex S.A. de C.V. (and its affiliates) (collectively, Grupo Zucarmex), and Ingenio San Miguel Del Naranjo S.A. de C.V. (and its affiliates) (collectively, Grupo Beta San Miguel), are in compliance with the Agreement Suspending the Antidumping Duty Investigation on Sugar from Mexico (AD Agreement), as amended on June 30, 2017 (collectively, amended AD Agreement), for the period October 1, 2017, through November 30, 2017, and that the amended AD Agreement is meeting the statutory requirements under sections 704(c) and (d) of the Tariff Act of 1930, as amended (the Act). 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: AGENCY: Notification to Importers VerDate Sep<11>2014 Dated: May 29, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Jkt 247001 Background On December 20, 2018, Commerce published its Preliminary Results of the administrative review of the amended AD Agreement covering the period of PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 review (POR) of October 1, 2017, through November 30, 2017.1 Commerce gave interested parties an opportunity to comment on the Preliminary Results. On March 4, 2019, Commerce received a case brief from the American Sugar Coalition and its Members 2 (collectively, the petitioners).3 On March 14, 2019, Commerce received a rebuttal brief from Camara Nacional de Las Industrias Azucarera y Alcoholera (Mexican Sugar Chamber), Grupo Zucarmex, and Grupo Beta San Miguel (collectively, the respondents).4 Also on March 15, 2019, Commerce received a rebuttal brief from the Government of Mexico (GOM).5 Commerce exercised its discretion to toll all deadlines affected by the partial federal government closure from December 22, 2018, through the resumption of operations on January 29, 2019.6 If the new deadline falls on a non-business day, in accordance with Commerce’s practice, the deadline will become the next business day. The revised deadline for the final results of this review is now May 29, 2019. Scope of Review Merchandise covered by this amended AD Agreement is typically imported under the following headings of the HTSUS: 1701.12.1000, 1701.12.5000, 1701.13.1000, 1701.13.5000, 1701.14.1000, 1701.14.5000, 1701.91.1000, 1701.91.3000, 1701.99.1010, 1701.99.1025, 1701.99.1050, 1701.99.5010, 1701.99.5025, 1 See Preliminary Results of 2017 Administrative Review, 83 FR 65343 (December 20, 2018) (Preliminary Results); Sugar from Mexico: Suspension of Antidumping Duty Investigation, 79 FR 78039 (December 29, 2014) (AD Agreement); Sugar from Mexico: Amendment to the Agreement Suspending the Antidumping Duty Investigation, 82 FR 31945 (July 11, 2017) (AD Amendment). 2 Members of the American Sugar Coalition are as follows: American Sugar Can 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. 3 See Petitioners’ Case Brief, ‘‘The Administrative Review of the Suspended Antidumping Investigation on Sugar from Mexico,’’ dated March 4, 2019 (Petitioners’ Case Brief). 4 See Respondents’ Rebuttal Brief, ‘‘Sugar from Mexico—Rebuttal Brief,’’ dated March 15, 2019 (Respondents’ Rebuttal Brief). 5 See GOM’s Rebuttal Brief, ‘‘Sugar from Mexico: Rebuttal Brief of the Government of Mexico,’’ dated March 15, 2019 (GOM’s Rebuttal Brief). 6 See Memorandum to the Record from 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, ‘‘Deadlines Affected by the Partial Shutdown of the Federal Government,’’ dated January 28, 2019. All deadlines in this segment of the proceeding have been extended by 40 days. E:\FR\FM\04JNN1.SGM 04JNN1 Federal Register / Vol. 84, No. 107 / Tuesday, June 4, 2019 / Notices 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 AD Agreement is dispositive.7 Analysis In the Preliminary Results, we determined that the respondents selected for individual examination, Grupo Zucarmex and Grupo Beta San Miguel, were in compliance with the amended AD Agreement. The issues raised in the case briefs and rebuttal briefs are addressed in the Issues and Decision Memorandum and the accompanying business proprietary memorandum.8 The issues are identified in the Appendix to this notice. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov and in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the internet at http://trade.gov/ enforcement/frn/index.html. The signed Issues and Decision Memorandum and electronic versions of the Issues and Decision Memorandum are identical in content. khammond on DSKBBV9HB2PROD with NOTICES Notification to Interested Parties This notice also serves as a reminder to parties subject to administrative protective orders (APOs) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO 7 For a complete description of the Scope of the Suspension Agreement, see Memorandum from P. Lee Smith, Deputy Assistant Secretary for Policy and Negotiations for Enforcement and Compliance: ‘‘Issues and Decision Memorandum for the Final Results of the Administrative Review of the Agreement Suspending the Antidumping Duty Investigation on Sugar from Mexico, as Amended, for the period October 1, 2017, through November 30, 2017, dated concurrently with this determination and hereby adopted by this notice (Issues and Decision Memorandum). 8 See Issues and Decision Memorandum; Memorandum from P. Lee Smith entitled ‘‘Summary of Proprietary Information in the Issues and Decisions Memorandum for the Final Results of the Administrative Review for the Agreement Suspending the Antidumping Duty Investigation on Sugar from Mexico, as Amended, for the period October 1, 2017, through November 30, 2017.’’ VerDate Sep<11>2014 17:16 Jun 03, 2019 Jkt 247001 materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation that is subject to sanction. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213 and 19 CFR 351.221(b)(5). Dated: May 29, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix I Issues and Decision Memorandum I. Summary II. Scope of the Review III. Background IV. Discussion of the Issues Issue 1: Alleged Violations of the Amended AD Agreement A. Alleged Violations With Respect to Certain Sales B. Erroneous Categorizations of Sales C. Compliance With Mathematical Requirements in the Amended AD Agreement Issue 2: Enforcement of the Amended AD Agreement [FR Doc. 2019–11602 Filed 6–3–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–552–823, C–552–824] Laminated Woven Sacks From the Socialist Republic of Vietnam: Antidumping Duty and Countervailing Duty Orders Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: Based on affirmative final determinations by the Department of Commerce (Commerce) and the International Trade Commission (ITC), Commerce is issuing the antidumping duty (AD) and countervailing duty (CVD) orders on laminated woven sacks (LWS) from the Socialist Republic of Vietnam (Vietnam). DATES: Applicable June 4, 2019. FOR FURTHER INFORMATION CONTACT: Drew Jackson (AD order), Celeste Chen (AD order), Thomas Martin (CVD order), or Ariela Garvett (CVD order), AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4406, (202) 482–0890, (202) 482–3936, or (202) 482–3609, respectively. AGENCY: PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 25753 SUPPLEMENTARY INFORMATION: Background In accordance with sections 705(d) and 735(d) of the Tariff Act of 1930, as amended (the Act), on April 11, 2019, Commerce published its affirmative final determination of sales at less-thanfair-value (LTFV) and its affirmative final determination that countervailable subsidies are being provided to producers and exporters of LWS from Vietnam.1 On May 23, 2019, the ITC notified Commerce of its final affirmative determination that an industry in the United States is materially injured by reason of LTFV imports and subsidized imports of LWS from Vietnam, within the meaning of sections 705(b)(1)(A)(i) and 735(b)(1)(A)(i) of the Act.2 Scope of the Orders The products covered by these orders are LWS from Vietnam. For a complete description of the scope of the orders, see the Appendix to this notice. AD Order On May 23, 2019, in accordance with section 735(d) of the Act, the ITC notified Commerce of its final determination that an industry in the United States is materially injured within the meaning of section 735(b)(1)(A)(i) of the Act by reason of imports of LWS from Vietnam that are sold in the United States at LTFV.3 Therefore, in accordance with section 735(c)(2) of the Act, we are issuing this AD order. Because the ITC determined that imports of LWS from Vietnam are materially injuring a U.S. industry, unliquidated entries of such merchandise from Vietnam, entered or withdrawn from warehouse for consumption, are subject to the assessment of antidumping duties, as described below. As a result of the ITC’s final determination, in accordance with section 736(a)(1) of the Act, Commerce will direct U.S. Customs and Border 1 See Laminated Woven Sacks from the Socialist Republic of Vietnam: Final Determination of Sales at Less Than Fair Value, 84 FR 14651 (April 11, 2019) (LTFV Final Determination); see also Laminated Woven Sacks from the Socialist Republic of Vietnam: Final Affirmative Countervailing Duty Determination, 84 FR 14647 (April 11, 2019) (CVD Final Determination). 2 See Letter to the Honorable Jeffrey Kessler, Assistant Secretary of Commerce for Enforcement and Compliance, from David S. Johanson, Chairman of the U.S. International Trade Commission, regarding antidumping and countervailing duty investigations concerning imports of laminated woven sacks from Vietnam (Investigation Nos. 701– TA–601 and 731–TA–1411 (Final)), dated May 23, 2019 (ITC Notification). 3 Id. E:\FR\FM\04JNN1.SGM 04JNN1

Agencies

[Federal Register Volume 84, Number 107 (Tuesday, June 4, 2019)]
[Notices]
[Pages 25752-25753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11602]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-845]


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

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

DATES: June 4, 2019.
SUMMARY: For the final results of this review the Department of 
Commerce (Commerce) continues to find that the selected respondents 
Ingenio El Higo S.A. de C.V., Ingenio Melchor Ocampo S.A. de C.V., and 
Zucarmex S.A. de C.V. (and its affiliates) (collectively, Grupo 
Zucarmex), and Ingenio San Miguel Del Naranjo S.A. de C.V. (and its 
affiliates) (collectively, Grupo Beta San Miguel), are in compliance 
with the Agreement Suspending the Antidumping Duty Investigation on 
Sugar from Mexico (AD Agreement), as amended on June 30, 2017 
(collectively, amended AD Agreement), for the period October 1, 2017, 
through November 30, 2017, and that the amended AD Agreement is meeting 
the statutory requirements under sections 704(c) and (d) of the Tariff 
Act of 1930, as amended (the Act).

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 20, 2018, Commerce published its Preliminary Results of 
the administrative review of the amended AD Agreement covering the 
period of review (POR) of October 1, 2017, through November 30, 
2017.\1\ Commerce gave interested parties an opportunity to comment on 
the Preliminary Results. On March 4, 2019, Commerce received a case 
brief from the American Sugar Coalition and its Members \2\ 
(collectively, the petitioners).\3\ On March 14, 2019, Commerce 
received a rebuttal brief from Camara Nacional de Las Industrias 
Azucarera y Alcoholera (Mexican Sugar Chamber), Grupo Zucarmex, and 
Grupo Beta San Miguel (collectively, the respondents).\4\ Also on March 
15, 2019, Commerce received a rebuttal brief from the Government of 
Mexico (GOM).\5\
---------------------------------------------------------------------------

    \1\ See Preliminary Results of 2017 Administrative Review, 83 FR 
65343 (December 20, 2018) (Preliminary Results); Sugar from Mexico: 
Suspension of Antidumping Duty Investigation, 79 FR 78039 (December 
29, 2014) (AD Agreement); Sugar from Mexico: Amendment to the 
Agreement Suspending the Antidumping Duty Investigation, 82 FR 31945 
(July 11, 2017) (AD Amendment).
    \2\ Members of the American Sugar Coalition are as follows: 
American Sugar Can 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.
    \3\ See Petitioners' Case Brief, ``The Administrative Review of 
the Suspended Antidumping Investigation on Sugar from Mexico,'' 
dated March 4, 2019 (Petitioners' Case Brief).
    \4\ See Respondents' Rebuttal Brief, ``Sugar from Mexico--
Rebuttal Brief,'' dated March 15, 2019 (Respondents' Rebuttal 
Brief).
    \5\ See GOM's Rebuttal Brief, ``Sugar from Mexico: Rebuttal 
Brief of the Government of Mexico,'' dated March 15, 2019 (GOM's 
Rebuttal Brief).
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    Commerce exercised its discretion to toll all deadlines affected by 
the partial federal government closure from December 22, 2018, through 
the resumption of operations on January 29, 2019.\6\ If the new 
deadline falls on a non-business day, in accordance with Commerce's 
practice, the deadline will become the next business day. The revised 
deadline for the final results of this review is now May 29, 2019.
---------------------------------------------------------------------------

    \6\ See Memorandum to the Record from 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, ``Deadlines 
Affected by the Partial Shutdown of the Federal Government,'' dated 
January 28, 2019. All deadlines in this segment of the proceeding 
have been extended by 40 days.
---------------------------------------------------------------------------

Scope of Review

    Merchandise covered by this amended AD Agreement is typically 
imported under the following headings of the HTSUS: 1701.12.1000, 
1701.12.5000, 1701.13.1000, 1701.13.5000, 1701.14.1000, 1701.14.5000, 
1701.91.1000, 1701.91.3000, 1701.99.1010, 1701.99.1025, 1701.99.1050, 
1701.99.5010, 1701.99.5025,

[[Page 25753]]

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 AD Agreement is dispositive.\7\
---------------------------------------------------------------------------

    \7\ For a complete description of the Scope of the Suspension 
Agreement, see Memorandum from P. Lee Smith, Deputy Assistant 
Secretary for Policy and Negotiations for Enforcement and 
Compliance: ``Issues and Decision Memorandum for the Final Results 
of the Administrative Review of the Agreement Suspending the 
Antidumping Duty Investigation on Sugar from Mexico, as Amended, for 
the period October 1, 2017, through November 30, 2017, dated 
concurrently with this determination and hereby adopted by this 
notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Analysis

    In the Preliminary Results, we determined that the respondents 
selected for individual examination, Grupo Zucarmex and Grupo Beta San 
Miguel, were in compliance with the amended AD Agreement.
    The issues raised in the case briefs and rebuttal briefs are 
addressed in the Issues and Decision Memorandum and the accompanying 
business proprietary memorandum.\8\ The issues are identified in the 
Appendix to this notice. The Issues and Decision Memorandum is a public 
document and is on file electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (ACCESS). ACCESS is available to registered users at http://access.trade.gov and in the Central Records Unit, room B8024 of the 
main Department of Commerce building. In addition, a complete version 
of the Issues and Decision Memorandum can be accessed directly on the 
internet at http://trade.gov/enforcement/frn/index.html. The signed 
Issues and Decision Memorandum and electronic versions of the Issues 
and Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \8\ See Issues and Decision Memorandum; Memorandum from P. Lee 
Smith entitled ``Summary of Proprietary Information in the Issues 
and Decisions Memorandum for the Final Results of the Administrative 
Review for the Agreement Suspending the Antidumping Duty 
Investigation on Sugar from Mexico, as Amended, for the period 
October 1, 2017, through November 30, 2017.''
---------------------------------------------------------------------------

Notification to Interested Parties

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return/destruction of 
APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation that is subject to sanction.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213 and 19 
CFR 351.221(b)(5).

    Dated: May 29, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Issues and Decision Memorandum

I. Summary
II. Scope of the Review
III. Background
IV. Discussion of the Issues
    Issue 1: Alleged Violations of the Amended AD Agreement
    A. Alleged Violations With Respect to Certain Sales
    B. Erroneous Categorizations of Sales
    C. Compliance With Mathematical Requirements in the Amended AD 
Agreement
    Issue 2: Enforcement of the Amended AD Agreement
[FR Doc. 2019-11602 Filed 6-3-19; 8:45 am]
BILLING CODE 3510-DS-P