Sugar From Mexico: Notice of Termination of Amendment to the Agreement Suspending the Antidumping Duty Investigation, 67711-67712 [2019-26802]

Download as PDF Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Notices basis (due 30 working days after end of the semiannual period). For the purposes of this grant, semiannual periods end on March 31st and September 30th. The project performance reports shall include the elements prescribed in the grant agreement. (b) A final project and financial status report within 90 days after the expiration or termination of the grant. (c) Provide outcome project performance reports and final deliverables. G. Solicitation of Non-Federal Independent Grant Reviewers Rural Development is seeking nonFederal independent grant reviewers under this Notice. Reviewers must be able to use their professional knowledge and experience to evaluate and score VAPG program applications against the evaluation criteria published in this Notice, and effectively communicate their findings in writing. 1. Qualifications All reviewers must meet the following qualifications. 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Submit your completed form or letter to USDA by: (1) Mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC 20250–9410; (2) Fax: (202) 690–7442; or (3) Email: program.intake@usda.gov. Bette B. Brand, Administrator, Rural Business—Cooperative Service. [FR Doc. 2019–26626 Filed 12–10–19; 8:45 am] BILLING CODE 3410–XY–P DEPARTMENT OF COMMERCE International Trade Administration [A–201–845] Sugar From Mexico: Notice of Termination of Amendment to the Agreement Suspending the Antidumping Duty Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On October 18, 2019, the United States Court of International Trade (CIT) issued a final judgment in CSC Sugar LLC v. United States, Ct. No. 17–00215, Slip Op. 19–132 (CIT October 18, 2019) (CSC Sugar II), vacating the 2017 amendment to the Agreement Suspending the Antidumping Duty Investigation on Sugar from Mexico. Commerce is now terminating the amendment consistent with the Court’s order. DATES: Applicable December 7, 2019. FOR FURTHER INFORMATION CONTACT: Sally C. Gannon, Bilateral Agreements Unit, Office of Policy and Negotiations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0162. SUPPLEMENTARY INFORMATION: AGENCY: E:\FR\FM\11DEN1.SGM 11DEN1 67712 Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Notices Background lotter on DSKBCFDHB2PROD with NOTICES On December 19, 2014, Commerce and the signatory producers/exporters accounting for substantially all imports of sugar from Mexico signed the Agreement Suspending the Antidumping Duty Investigation on Sugar from Mexico (AD Agreement).1 Subsequent to this date, between June 2016 and June 2017, Commerce and the signatory producers/exporters accounting for substantially all imports of sugar from Mexico held consultations to address concerns raised by the domestic industry and to ensure that the AD Agreement met all of the statutory requirements for a suspension agreement, e.g., that suspension of the investigation was in the public interest, including the availability of supplies of sugar in the U.S. market, and that effective monitoring was practicable. The consultations resulted in Commerce and the signatory producers/exporters accounting for substantially all imports of sugar from Mexico signing the amendment to the AD Agreement on June 30, 2017, and it was subsequently published in the Federal Register.2 CSC Sugar LLC (CSC Sugar) challenged Commerce’s determination to amend the AD Agreement by contending that Commerce did not meet its obligation to file a complete administrative record.3 Specifically, CSC Sugar argued that Commerce failed to memorialize and include in the record ex parte communications between Commerce officials and interested parties (including the domestic sugar industry and representatives of Mexico), as required by section 777(a)(3) of the Tariff Act of 1930, as amended (the Act).4 The CIT agreed with CSC Sugar and ordered Commerce to supplement the administrative record with any ex parte communications regarding the AD Amendment.5 CSC Sugar subsequently filed a motion for judgment on the agency record arguing that Commerce’s failure, during the consultations period, to maintain contemporaneous ex parte communication memoranda, in accordance with section 777(a)(3) of the Act, could not be adequately remedied 1 See Sugar From Mexico: Suspension of Antidumping Duty Investigation, 79 FR 78039 (December 29, 2014) (AD Agreement). 2 See Sugar From Mexico: Amendment to the Agreement Suspending the Antidumping Duty Investigation, 82 FR 31945 (July 11, 2017) (AD Amendment). 3 See CSC Sugar II at 4. 4 Id. 5 Id. (citing CSC Sugar LLC v. United States, 317 F. Supp. 3d 1334, 1345 (CIT 2018)). VerDate Sep<11>2014 16:23 Dec 10, 2019 Jkt 250001 by Commerce’s delayed and incomplete supplementation of the record.6 The CIT found that Commerce’s failure to follow the recordkeeping requirements of Section 777 of the Act cannot be described as ‘‘harmless.’’ 7 The CIT found that this recordkeeping failure substantially prejudiced CSC Sugar.8 On that basis, the CIT stated that the AD Amendment must be vacated.9 Termination of AD Amendment Consistent with the CIT’s ruling in CSC Sugar II, Commerce is terminating the AD Amendment prospectively.10 Accordingly, as of December 7, 2019, the unamended AD Agreement 11 is in force and effective, and the AD Amendment has no force or effect. Dated: December 6, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2019–26802 Filed 12–10–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Initiation of Antidumping and Countervailing Duty Administrative Reviews Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) has received requests to conduct administrative reviews of various antidumping duty (AD) and countervailing duty (CVD) orders and findings with October anniversary dates. In accordance with Commerce’s regulations, we are initiating those administrative reviews. DATES: Applicable December 11, 2019. FOR FURTHER INFORMATION CONTACT: Brenda E. Brown, AD/CVD Operations, Customs Liaison Unit, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, telephone: (202) 482–4735. SUPPLEMENTARY INFORMATION: AGENCY: 6 See CSC Sugar II at 4. at 11–12. 8 Id. at 12. 9 Id. 10 Commerce is terminating the AD Amendment, effective December 7, 2019. Because suspension of liquidation does not occur while the AD Agreement is in force, termination of the AD Amendment shall be prospective in effect. Accordingly, the AD Agreement, as signed on December 19, 2014, applies to all contracts for sugar from Mexico exported from Mexico on or after December 7, 2019. 11 See AD Agreement. 7 Id. PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 Background Commerce has received timely requests, in accordance with 19 CFR 351.213(b), for administrative reviews of various AD and CVD orders and findings with October anniversary dates. All deadlines for the submission of various types of information, certifications, or comments or actions by Commerce discussed below refer to the number of calendar days from the applicable starting time. Notice of No Sales If a producer or exporter named in this notice of initiation had no exports, sales, or entries during the period of review (POR), it must notify Commerce within 30 days of publication of this notice in the Federal Register. All submissions must be filed electronically at http://access.trade.gov in accordance with 19 CFR 351.303.1 Such submissions are subject to verification in accordance with section 782(i) of the Tariff Act of 1930, as amended (the Act). Further, in accordance with 19 CFR 351.303(f)(1)(i), a copy must be served on every party on Commerce’s service list. Respondent Selection In the event Commerce limits the number of respondents for individual examination for administrative reviews initiated pursuant to requests made for the orders identified below, Commerce intends to select respondents based on U.S. Customs and Border Protection (CBP) data for U.S. imports during the POR. We intend to place the CBP data on the record within five days of publication of the initiation notice and to make our decision regarding respondent selection within 30 days of publication of the initiation Federal Register notice. Comments regarding the CBP data and respondent selection should be submitted within seven days after the placement of the CBP data on the record of this review. Parties wishing to submit rebuttal comments should submit those comments within five days after the deadline for the initial comments. In the event Commerce decides it is necessary to limit individual examination of respondents and conduct respondent selection under section 777A(c)(2) of the Act, the following guidelines regarding collapsing of companies for purposes of respondent selection will apply. In general, Commerce has found that 1 See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011). E:\FR\FM\11DEN1.SGM 11DEN1

Agencies

[Federal Register Volume 84, Number 238 (Wednesday, December 11, 2019)]
[Notices]
[Pages 67711-67712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26802]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-845]


Sugar From Mexico: Notice of Termination of Amendment to the 
Agreement Suspending the Antidumping Duty Investigation

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

SUMMARY: On October 18, 2019, the United States Court of International 
Trade (CIT) issued a final judgment in CSC Sugar LLC v. United States, 
Ct. No. 17-00215, Slip Op. 19-132 (CIT October 18, 2019) (CSC Sugar 
II), vacating the 2017 amendment to the Agreement Suspending the 
Antidumping Duty Investigation on Sugar from Mexico. Commerce is now 
terminating the amendment consistent with the Court's order.

DATES: Applicable December 7, 2019.

FOR FURTHER INFORMATION CONTACT: Sally C. Gannon, Bilateral Agreements 
Unit, Office of Policy and Negotiations, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
0162.

SUPPLEMENTARY INFORMATION:

[[Page 67712]]

Background

    On December 19, 2014, Commerce and the signatory producers/
exporters accounting for substantially all imports of sugar from Mexico 
signed the Agreement Suspending the Antidumping Duty Investigation on 
Sugar from Mexico (AD Agreement).\1\ Subsequent to this date, between 
June 2016 and June 2017, Commerce and the signatory producers/exporters 
accounting for substantially all imports of sugar from Mexico held 
consultations to address concerns raised by the domestic industry and 
to ensure that the AD Agreement met all of the statutory requirements 
for a suspension agreement, e.g., that suspension of the investigation 
was in the public interest, including the availability of supplies of 
sugar in the U.S. market, and that effective monitoring was 
practicable. The consultations resulted in Commerce and the signatory 
producers/exporters accounting for substantially all imports of sugar 
from Mexico signing the amendment to the AD Agreement on June 30, 2017, 
and it was subsequently published in the Federal Register.\2\
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    \1\ See Sugar From Mexico: Suspension of Antidumping Duty 
Investigation, 79 FR 78039 (December 29, 2014) (AD Agreement).
    \2\ See Sugar From Mexico: Amendment to the Agreement Suspending 
the Antidumping Duty Investigation, 82 FR 31945 (July 11, 2017) (AD 
Amendment).
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    CSC Sugar LLC (CSC Sugar) challenged Commerce's determination to 
amend the AD Agreement by contending that Commerce did not meet its 
obligation to file a complete administrative record.\3\ Specifically, 
CSC Sugar argued that Commerce failed to memorialize and include in the 
record ex parte communications between Commerce officials and 
interested parties (including the domestic sugar industry and 
representatives of Mexico), as required by section 777(a)(3) of the 
Tariff Act of 1930, as amended (the Act).\4\
---------------------------------------------------------------------------

    \3\ See CSC Sugar II at 4.
    \4\ Id.
---------------------------------------------------------------------------

    The CIT agreed with CSC Sugar and ordered Commerce to supplement 
the administrative record with any ex parte communications regarding 
the AD Amendment.\5\ CSC Sugar subsequently filed a motion for judgment 
on the agency record arguing that Commerce's failure, during the 
consultations period, to maintain contemporaneous ex parte 
communication memoranda, in accordance with section 777(a)(3) of the 
Act, could not be adequately remedied by Commerce's delayed and 
incomplete supplementation of the record.\6\
---------------------------------------------------------------------------

    \5\ Id. (citing CSC Sugar LLC v. United States, 317 F. Supp. 3d 
1334, 1345 (CIT 2018)).
    \6\ See CSC Sugar II at 4.
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    The CIT found that Commerce's failure to follow the recordkeeping 
requirements of Section 777 of the Act cannot be described as 
``harmless.'' \7\ The CIT found that this recordkeeping failure 
substantially prejudiced CSC Sugar.\8\ On that basis, the CIT stated 
that the AD Amendment must be vacated.\9\
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    \7\ Id. at 11-12.
    \8\ Id. at 12.
    \9\ Id.
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Termination of AD Amendment

    Consistent with the CIT's ruling in CSC Sugar II, Commerce is 
terminating the AD Amendment prospectively.\10\ Accordingly, as of 
December 7, 2019, the unamended AD Agreement \11\ is in force and 
effective, and the AD Amendment has no force or effect.
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    \10\ Commerce is terminating the AD Amendment, effective 
December 7, 2019. Because suspension of liquidation does not occur 
while the AD Agreement is in force, termination of the AD Amendment 
shall be prospective in effect. Accordingly, the AD Agreement, as 
signed on December 19, 2014, applies to all contracts for sugar from 
Mexico exported from Mexico on or after December 7, 2019.
    \11\ See AD Agreement.

    Dated: December 6, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-26802 Filed 12-10-19; 8:45 am]
BILLING CODE 3510-DS-P