Suspension Agreement on Sugar From Mexico; 2018 Administrative Review of the Agreement Suspending the Antidumping Duty Investigation on Sugar From Mexico (as Amended), 6894-6896 [2020-02364]

Download as PDF 6894 Federal Register / Vol. 85, No. 25 / Thursday, February 6, 2020 / Notices We find that the GOB has provided sufficient evidence for Commerce to initiate these CCRs. Therefore, in response to this request, Commerce is initiating these CCRs in order to examine whether Belarus is still an NME country for purposes of the AD law, pursuant to sections 751(b) and 771(18)(C)(ii) of the Tariff Act of 1930, as amended (the Act). Commerce has treated Belarus as an NME country in all past AD investigations and administrative reviews.1 A designation as an NME remains in effect until it is revoked by Commerce.2 Opportunity for Public Comment and Information As part of this inquiry to review Belarus’ NME status, Commerce is interested in receiving public comment and information with respect to Belarus on the following factors enumerated by section 771(18)(B) of the Act, which Commerce must take into account in making an ME/NME determination: (i) The extent to which the currency of the foreign country is convertible into the currency of other countries; (ii) the extent to which wage rates in the foreign country are determined by free bargaining between labor and management; (iii) the extent to which joint ventures or other investments by firms of other foreign countries are permitted in the foreign country; (iv) the extent of government ownership or control of the means of production; (v) the extent of government control over allocation of resources and over price and output decisions of enterprises; and (vi) such other factors as the administering authority considers appropriate. The deadline for the submission of comments is not later than 30 days after the date of publication of this notice. Rebuttal comments, limited to issues raised in parties’ affirmative comments, may be filed not later than 14 days after the date for filing affirmative comments. All submissions to Commerce must be filed electronically via Enforcement and Compliance’s Antidumping Duty and Countervailing Duty Centralized lotter on DSKBCFDHB2PROD with NOTICES 1 See, e.g., Certain Carbon and Alloy Steel Wire Rod from Belarus, the Russian Federation, and the United Arab Emirates: Affirmative Final Determinations of Sales at Less Than Fair Value and Partial Affirmative Finding of Critical Circumstances, 82 FR 56214 (November 28, 2017); and Notice of Final Determination of Sales at Less Than Fair Value: Steel Concrete Reinforcing Bars from Belarus, 66 FR 33528 (June 22, 2001). 2 See section 771(18)(C)(i) of the Act. VerDate Sep<11>2014 19:54 Feb 05, 2020 Jkt 250001 Electronic Service System (ACCESS).3 An electronically filed document must be received successfully in its entirety in ACCESS by 5:00 p.m. Eastern Time on the due date set forth in this notice. Documents exempted from the electronic submission requirements must be filed manually (i.e., in paper form) with Enforcement and Compliance’s APO/Dockets Unit, Room 18022, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, and stamped with the date and time of receipt by the applicable deadlines. All such comments must also be filed on the records of both of the concurrent CCRs. ACCESS is available to registered users at http://access.trade.gov, and to all parties in the Central Records Unit, room B8024 of the main Commerce building. After reviewing all comments, Commerce will determine whether a public hearing in these CCRs is warranted, if one is requested in the comments filed by an interested party, as defined by section 771(9) of the Act, or if Commerce otherwise determines that one is warranted. If Commerce determines that a hearing is warranted, it will announce a time for that hearing to be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, in a room to be determined. Unless extended, consistent with 19 CFR 351.216(e), we intend to issue the final results of these CCRs no later than 270 days after the date on which these reviews were initiated or within 45 days of that date if all parties agree to the outcome of the reviews. Notification to Interested Parties This determination is issued and published in accordance with sections 751(b) and 771(18)(C)(ii) of the Act. Dated: January 30, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2020–02361 Filed 2–5–20; 8:45 am] BILLING CODE 3510–DS–P 3 See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and Compliance; Change of Electronic Filing System Name, 79 FR 69046 (November 20, 2014) for details of Commerce’s electronic filing requirements, effective August 5, 2011. Information on help using ACCESS can be found at https://access.trade.gov/ help.aspx and a handbook can be found at https:// access.trade.gov/help/ACCESS_User_Guide.pdf. PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration [A–201–845] Suspension Agreement on Sugar From Mexico; 2018 Administrative Review of the Agreement Suspending the Antidumping Duty Investigation on Sugar From Mexico (as Amended) Enforcement & Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that the selected respondents Ingenio Adolfo Lopez Mateos S.A. de C.V. and its affiliates (Grupo PIASA) and Ingenio Pa´nuco S.A.P.I. de C.V. (Pa´nuco), 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 January 1, 2018 through December 31, 2018, when such amended AD Agreement was in effect. Further, Commerce preliminarily determines that the amended AD Agreement in effect during the POR was meeting its statutory requirements under sections 734(c) and (d) of the Tariff Act of 1930, as amended (the Act). The preliminary results are set forth in the section titled ‘‘Methodology and Preliminary Results,’’ infra. We intend to issue the final results of review within 120 days after publication of these preliminary results in the Federal Register. DATES: Applicable January 31, 2020. FOR FURTHER INFORMATION CONTACT: Sally C. Gannon or David Cordell, Bilateral Agreements Unit, 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. AGENCY: SUPPLEMENTARY INFORMATION: Background On December 19, 2014, Commerce signed an agreement under section 734(c) of the Act, with a representative of Mexican producers/exporters accounting for substantially all imports of sugar from Mexico, suspending the antidumping duty (AD) investigation on sugar from Mexico.1 On June 30, 2017, Commerce and a representative of Mexican producers/exporters 1 See Agreement Suspending the Antidumping Duty Investigation of Sugar from Mexico, 79 FR 78039 (December 29, 2014) (AD Agreement). E:\FR\FM\06FEN1.SGM 06FEN1 Federal Register / Vol. 85, No. 25 / Thursday, February 6, 2020 / Notices lotter on DSKBCFDHB2PROD with NOTICES accounting for substantially all imports of sugar from Mexico signed an amendment to the AD Agreement.2 Consistent with a ruling from the U.S. Court of International Trade, Commerce published in the Federal Register a notice of the termination of the 2017 AD Amendment, with an applicable date of December 7, 2019.3 On December 26, 2018, the American Sugar Coalition and its Members 4 (petitioners) filed a timely request for an administrative review of the amended AD Agreement.5 On January 28, 2019, 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 On February 12, 2019, the petitioners resubmitted their request for an administrative review of the amended AD Agreement as a precaution because the initial request was made during the partial federal government closure.7 Commerce initiated the review of the amended AD Agreement on March 14, 2019, for the December 1, 2017 through November 30, 2018, period of review (POR).8 On May 6, 2019, Commerce selected mandatory respondents and issued its questionnaires to the respondent companies: Grupo PIASA and Pa´nuco.9 These two companies represented the largest producers/ exporters of subject merchandise 2 See Sugar From Mexico: Amendment to the Agreement Suspending the Antidumping Duty Investigation, 82 FR 31945 (July 11, 2017) (AD Amendment). 3 See Sugar From Mexico: Notice of Termination of Amendment to the Agreement Suspending the Antidumping Duty Investigation, 84 FR 67711 (December 11, 2019). 4 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. 5 See Letter to Wilbur L. Ross, Jr., Secretary of Commerce, from the American Sugar Coalition and its members, ‘‘Sugar from Mexico: Request for Administrative Review’’ (December 26, 2018). 6 See Memorandum to the Record, ‘‘Deadlines Affected by the Partial Shutdown of the Federal Government’’ (January 28, 2019). All deadlines in this segment of the proceeding have been extended by 40 days. 7 See Letter to Wilbur L. Ross, Jr., Secretary of Commerce, form the American Sugar Coalition and its members, ‘‘Sugar from Mexico: Resubmission of Request for Administrative Review’’ (February 12, 2019). 8 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 84 FR 9297 (March 14, 2019). 9 See Memorandum to the File, ‘‘Administrative Review of the Agreement Suspending the Antidumping Duty Investigation on Sugar from Mexico, as Amended: Placement of CBP Data on the Record for Respondent Selection’’ (March 18, 2019). VerDate Sep<11>2014 19:54 Feb 05, 2020 Jkt 250001 imported into the United States during the POR. Scope of Review Merchandise covered by this amended AD Agreement was typically imported under the following headings of the HTSUS during the POR: 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 AD Agreement is dispositive.10 Methodology and Preliminary Results Commerce has conducted this review in accordance with section 751(a)(1)(C) of the Act, which specifies that Commerce shall ‘‘review the current status of, and compliance with, any agreement by reason of which an investigation was suspended.’’ In this case, Commerce and a representative of the Mexican sugar producers/exporters accounting for substantially all imports of sugar from Mexico signed the AD Agreement, which suspended the underlying antidumping duty investigation, on December 19, 2014. Further, on June 30, 2017, Commerce and a representative of the Mexican sugar producers/exporters accounting for substantially all imports of sugar from Mexico signed an amendment to the AD Agreement. Pursuant to the amended AD Agreement, the Mexican signatories agreed that the subject merchandise would be subject to minimum reference prices and that at least 85 percent of the dumping from the original investigation would be eliminated, as outlined in the amended AD Agreement.11 The Mexican signatories also agreed to other conditions, including the reporting of 10 For a complete description of the Scope of the Order, see Memorandum to Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance, ‘‘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). 11 See AD Agreement, 79 FR at 78039, 78042, and 78044, at Price Undertaking. See also AD Amendment, 82 FR at 31946–47. PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 6895 the polarity testing of Other Sugar 12 and enhanced monitoring.13 After reviewing the information received to date from the respondent companies in their questionnaire and supplemental questionnaire responses, we preliminarily determine that the respondents adhered to the terms of the amended AD Agreement in effect during the POR and that the amended AD Agreement was functioning as intended. Further, we preliminarily determine that the amended AD Agreement was meeting the statutory requirements under sections 734(c) and (d) of the Act during the POR. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. Issues involving business proprietary information are addressed in separate memoranda.14 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.15 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 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 12 See AD Agreement, 79 FR at 78039, 78041 at Definitions. See also AD Amendment, 82 FR 31945, 31946–47. 13 See AD Agreement, 79 FR at 78040, 78042–43, at Monitoring of the Agreement. See also AD Amendment, 82 FR at 31947. 14 See Memorandum to the File, ‘‘Analysis of Proprietary Information and Argument Regarding Ingenio Aldolfo Lopez Mateos S.A. de C.V. and Its Affiliates’’ (January 31, 2020); Memorandum to the File, ‘‘Analysis of Proprietary Information and Argument Regarding Ingenio Pa´nuco, S.A.P.I. de C.V.’’ (January 31, 2020). 15 See 19 CFR 351.309(c)(2) and (d)(2). E:\FR\FM\06FEN1.SGM 06FEN1 6896 Federal Register / Vol. 85, No. 25 / Thursday, February 6, 2020 / Notices 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: January 31, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Respondent Selection [FR Doc. 2020–02364 Filed 2–5–20; 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 December anniversary dates. In accordance with Commerce’s regulations, we are initiating those administrative reviews. DATES: Applicable February 6, 2020. 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: lotter on DSKBCFDHB2PROD with NOTICES AGENCY: 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 December 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 VerDate Sep<11>2014 19:54 Feb 05, 2020 Jkt 250001 within 30 days of publication of this notice in the Federal Register. All submissions must be filed electronically at https://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. 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 determinations concerning whether particular companies should be ‘‘collapsed’’ (e.g., treated as a single entity for purposes of calculating antidumping duty rates) require a substantial amount of detailed information and analysis, which often require follow-up questions and analysis. Accordingly, Commerce will not conduct collapsing analyses at the respondent selection phase of this review and will not collapse companies at the respondent selection phase unless there has been a determination to collapse certain companies in a previous segment of this AD proceeding (e.g., investigation, administrative review, new shipper review, or changed 1 See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011). PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 circumstances review). For any company subject to this review, if Commerce determined, or continued to treat, that company as collapsed with others, Commerce will assume that such companies continue to operate in the same manner and will collapse them for respondent selection purposes. Otherwise, Commerce will not collapse companies for purposes of respondent selection. Parties are requested to (a) identify which companies subject to review previously were collapsed, and (b) provide a citation to the proceeding in which they were collapsed. Further, if companies are requested to complete the Quantity and Value (Q&V) Questionnaire for purposes of respondent selection, in general, each company must report volume and value data separately for itself. Parties should not include data for any other party, even if they believe they should be treated as a single entity with that other party. If a company was collapsed with another company or companies in the most recently completed segment of this proceeding where Commerce considered collapsing that entity, complete Q&V data for that collapsed entity must be submitted. Deadline for Withdrawal of Request for Administrative Review Pursuant to 19 CFR 351.213(d)(1), a party that has requested a review may withdraw that request within 90 days of the date of publication of the notice of initiation of the requested review. The regulation provides that Commerce may extend this time if it is reasonable to do so. Determinations by Commerce to extend the 90-day deadline will be made on a case-by-case basis. Deadline for Particular Market Situation Allegation Section 504 of the Trade Preferences Extension Act of 2015 amended the Act by adding the concept of a particular market situation (PMS) for purposes of constructed value under section 773(e) of the Act.2 Section 773(e) of the Act states that ‘‘if a particular market situation exists such that the cost of materials and fabrication or other processing of any kind does not accurately reflect the cost of production in the ordinary course of trade, the administering authority may use another calculation methodology under this subtitle or any other calculation methodology.’’ When an interested party submits a PMS allegation pursuant to section 773(e) of the Act, Commerce will respond to such a submission 2 See Trade Preferences Extension Act of 2015, Public Law 114–27, 129 Stat. 362 (2015). E:\FR\FM\06FEN1.SGM 06FEN1

Agencies

[Federal Register Volume 85, Number 25 (Thursday, February 6, 2020)]
[Notices]
[Pages 6894-6896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02364]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-845]


Suspension Agreement on Sugar From Mexico; 2018 Administrative 
Review of the Agreement Suspending the Antidumping Duty Investigation 
on Sugar From Mexico (as Amended)

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that the selected respondents Ingenio Adolfo Lopez Mateos S.A. de C.V. 
and its affiliates (Grupo PIASA) and Ingenio P[aacute]nuco S.A.P.I. de 
C.V. (P[aacute]nuco), 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 January 1, 2018 through December 31, 2018, when such amended 
AD Agreement was in effect. Further, Commerce preliminarily determines 
that the amended AD Agreement in effect during the POR was meeting its 
statutory requirements under sections 734(c) and (d) of the Tariff Act 
of 1930, as amended (the Act). The preliminary results are set forth in 
the section titled ``Methodology and Preliminary Results,'' infra. We 
intend to issue the final results of review within 120 days after 
publication of these preliminary results in the Federal Register.

DATES: Applicable January 31, 2020.

FOR FURTHER INFORMATION CONTACT: Sally C. Gannon or David Cordell, 
Bilateral Agreements Unit, 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 
734(c) of the Act, with a representative of Mexican producers/exporters 
accounting for substantially all imports of sugar from Mexico, 
suspending the antidumping duty (AD) investigation on sugar from 
Mexico.\1\ On June 30, 2017, Commerce and a representative of Mexican 
producers/exporters

[[Page 6895]]

accounting for substantially all imports of sugar from Mexico signed an 
amendment to the AD Agreement.\2\ Consistent with a ruling from the 
U.S. Court of International Trade, Commerce published in the Federal 
Register a notice of the termination of the 2017 AD Amendment, with an 
applicable date of December 7, 2019.\3\
---------------------------------------------------------------------------

    \1\ See Agreement Suspending the Antidumping Duty Investigation 
of Sugar from Mexico, 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 Sugar From Mexico: Notice of Termination of Amendment to 
the Agreement Suspending the Antidumping Duty Investigation, 84 FR 
67711 (December 11, 2019).
---------------------------------------------------------------------------

    On December 26, 2018, the American Sugar Coalition and its Members 
\4\ (petitioners) filed a timely request for an administrative review 
of the amended AD Agreement.\5\ On January 28, 2019, 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\ On February 12, 2019, the 
petitioners resubmitted their request for an administrative review of 
the amended AD Agreement as a precaution because the initial request 
was made during the partial federal government closure.\7\
---------------------------------------------------------------------------

    \4\ 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.
    \5\ See Letter to Wilbur L. Ross, Jr., Secretary of Commerce, 
from the American Sugar Coalition and its members, ``Sugar from 
Mexico: Request for Administrative Review'' (December 26, 2018).
    \6\ See Memorandum to the Record, ``Deadlines Affected by the 
Partial Shutdown of the Federal Government'' (January 28, 2019). All 
deadlines in this segment of the proceeding have been extended by 40 
days.
    \7\ See Letter to Wilbur L. Ross, Jr., Secretary of Commerce, 
form the American Sugar Coalition and its members, ``Sugar from 
Mexico: Resubmission of Request for Administrative Review'' 
(February 12, 2019).
---------------------------------------------------------------------------

    Commerce initiated the review of the amended AD Agreement on March 
14, 2019, for the December 1, 2017 through November 30, 2018, period of 
review (POR).\8\ On May 6, 2019, Commerce selected mandatory 
respondents and issued its questionnaires to the respondent companies: 
Grupo PIASA and P[aacute]nuco.\9\ These two companies represented the 
largest producers/exporters of subject merchandise imported into the 
United States during the POR.
---------------------------------------------------------------------------

    \8\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 9297 (March 14, 2019).
    \9\ See Memorandum to the File, ``Administrative Review of the 
Agreement Suspending the Antidumping Duty Investigation on Sugar 
from Mexico, as Amended: Placement of CBP Data on the Record for 
Respondent Selection'' (March 18, 2019).
---------------------------------------------------------------------------

Scope of Review

    Merchandise covered by this amended AD Agreement was typically 
imported under the following headings of the HTSUS during the POR: 
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 AD Agreement is dispositive.\10\
---------------------------------------------------------------------------

    \10\ For a complete description of the Scope of the Order, see 
Memorandum to Jeffrey I. Kessler, Assistant Secretary for 
Enforcement and Compliance, ``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 has conducted this review in accordance with section 
751(a)(1)(C) of the Act, which specifies that Commerce shall ``review 
the current status of, and compliance with, any agreement by reason of 
which an investigation was suspended.'' In this case, Commerce and a 
representative of the Mexican sugar producers/exporters accounting for 
substantially all imports of sugar from Mexico signed the AD Agreement, 
which suspended the underlying antidumping duty investigation, on 
December 19, 2014. Further, on June 30, 2017, Commerce and a 
representative of the Mexican sugar producers/exporters accounting for 
substantially all imports of sugar from Mexico signed an amendment to 
the AD Agreement. Pursuant to the amended AD Agreement, the Mexican 
signatories agreed that the subject merchandise would be subject to 
minimum reference prices and that at least 85 percent of the dumping 
from the original investigation would be eliminated, as outlined in the 
amended AD Agreement.\11\ The Mexican signatories also agreed to other 
conditions, including the reporting of the polarity testing of Other 
Sugar \12\ and enhanced monitoring.\13\
---------------------------------------------------------------------------

    \11\ See AD Agreement, 79 FR at 78039, 78042, and 78044, at 
Price Undertaking. See also AD Amendment, 82 FR at 31946-47.
    \12\ See AD Agreement, 79 FR at 78039, 78041 at Definitions. See 
also AD Amendment, 82 FR 31945, 31946-47.
    \13\ See AD Agreement, 79 FR at 78040, 78042-43, at Monitoring 
of the Agreement. See also AD Amendment, 82 FR at 31947.
---------------------------------------------------------------------------

    After reviewing the information received to date from the 
respondent companies in their questionnaire and supplemental 
questionnaire responses, we preliminarily determine that the 
respondents adhered to the terms of the amended AD Agreement in effect 
during the POR and that the amended AD Agreement was functioning as 
intended. Further, we preliminarily determine that the amended AD 
Agreement was meeting the statutory requirements under sections 734(c) 
and (d) of the Act during the POR. For a full description of the 
methodology underlying our conclusions, see the Preliminary Decision 
Memorandum. Issues involving business proprietary information are 
addressed in separate memoranda.\14\
---------------------------------------------------------------------------

    \14\ See Memorandum to the File, ``Analysis of Proprietary 
Information and Argument Regarding Ingenio Aldolfo Lopez Mateos S.A. 
de C.V. and Its Affiliates'' (January 31, 2020); Memorandum to the 
File, ``Analysis of Proprietary Information and Argument Regarding 
Ingenio P[aacute]nuco, S.A.P.I. de C.V.'' (January 31, 2020).
---------------------------------------------------------------------------

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.\15\
---------------------------------------------------------------------------

    \15\ 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 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

[[Page 6896]]

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: January 31, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-02364 Filed 2-5-20; 8:45 am]
 BILLING CODE 3510-DS-P