Sugar From Mexico: Final Results of the Expedited First Sunset Review of the Agreement Suspending the Antidumping Duty Investigation, 19438-19439 [2020-07199]

Download as PDF 19438 Federal Register / Vol. 85, No. 67 / Tuesday, April 7, 2020 / Notices between export price and NV, consistent with its statutory and regulatory mandates. On March 24, 2020, the CIT sustained Commerce’s Second Remand Results.14 Timken Notice In its decision in Timken,15 as clarified by Diamond Sawblades,16 the Court of Appeals for the Federal Circuit held that, pursuant to section 516A of the Tariff Act of 1930, as amended (the Act), Commerce must publish a notice of court decision that is not ‘‘in harmony’’ with a Commerce determination and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision.17 The CIT’s March 24 2020 judgment constitutes a final decision of that court that is not in harmony with Commerce’s Final Determination, Amended Final Determination, and Order. Thus, this notice is published in fulfillment of the publication requirements of Timken and section 516A of the Act. Amended Final Determination and Amended Order Because there is now a final court decision, Commerce is amending its Amended Final Determination and Order with respect to the weightedaverage dumping margin for Hyundai HYSCO.18 The revised weighted-average dumping margin is as follows: Exporter/producer Weightedaverage dumping margin (percent) Hyundai HYSCO Co., Ltd ..... 6.22 Cash Deposit Requirements khammond on DSKJM1Z7X2PROD with NOTICES Because there have been subsequent administrative reviews for Hyundai Steel Company (Hyundai Steel), the successor company to Hyundai HYSCO,19 the cash deposit rate for Hyundai Steel will remain the rate established in the most recently14 See Stupp Corporation et al. v. United States, Consol. Court No. 15–00334, Slip Op. 20–38, dated March 24, 2020. 15 See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken). 16 See Diamond Sawblades Mfrs. Coalition v. United States, 626 F. 3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). 17 See sections 516A(c) and (e) of the Act. 18 The change to Hyundai HYSCO’s margin did not affect the calculation of the all-others rate. See First Remand Results at 13. 19 As discussed in the Final Determination, and accompanying IDM at 1, Hyundai HYSCO merged with Hyundai Steel subsequent to the period of investigation and Hyundai HYSCO no longer exists. VerDate Sep<11>2014 18:22 Apr 06, 2020 Jkt 250001 completed administrative review (i.e., 29.89 percent).20 Notification to Interested Parties This notice is issued and published in accordance with sections 516A(c)(1) and (e), and 777(i)(1) of the Act. Dated: April 1, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2020–07295 Filed 4–6–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–201–845] Sugar From Mexico: Final Results of the Expedited First Sunset Review of the Agreement Suspending the Antidumping Duty Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of this sunset review, the Department of Commerce (Commerce) finds that termination of the Agreement Suspending the Antidumping Duty Investigation on Sugar from Mexico (Agreement) and the suspended antidumping duty (AD) investigation would be likely to lead to the continuation or recurrence of dumping at the levels indicated in the ‘‘Final Results of Sunset Reviews’’ section of this notice. The magnitude of the dumping margin likely to prevail is indicated in the ‘‘Final Results of Review’’ section of this notice. DATES: Applicable April 7, 2020. FOR FURTHER INFORMATION CONTACT: Sally C. Gannon, Bilateral Agreements, Office of Policy, 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: Background On December 3, 2019, Commerce published the notice of initiation of the first sunset review of the agreement suspending the antidumping investigation on sugar from Mexico, pursuant to section 751(c)(2) of the Tariff Act of 1930, as amended (the 20 See Welded Line Pipe From the Republic of Korea: Amended Final Results of Antidumping Duty Administrative Review; 2016–2017, 84 FR 35371, 35372 (July 23, 2019). PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 Act).1 We received notice of intent to participate in the review from the following parties, both domestic interested parties: Imperial Sugar Company and the American Sugar Coalition (‘‘ASC’’).2 Commerce received complete substantive responses from the domestic interested parties within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).3 We rejected untimely submissions filed by Sweetener Users Association (SUA) on January 21, 2020 and January 23, 2020.4 We received no substantive responses from any other interested parties, nor was a hearing requested. As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited (120-day) sunset review of the Agreement and suspended investigation.5 Scope of the Agreement The merchandise subject to the Agreement is raw and refined sugar of all polarimeter readings derived from sugar cane or sugar beets. The chemical sucrose gives sugar its essential character. Sucrose is a nonreducing disaccharide composed of glucose and fructose linked by a glycosidic bond via their anomeric carbons. The molecular formula for sucrose is C12H22O11; the International Union of Pure and Applied Chemistry (IUPAC) International Chemical Identifier (InChl) for sucrose is 1S/C12H22O11/c13-l-46(16)8(18)9(19)11(21-4)23-12(315)10(20)7(17) 5(2-14)22-12/h4-11,1320H,1-3H2/t4-,5-,6-,7-,8+,9-,10+,11,12+/m1/s1; the InChl Key for sucrose is CZMRCDWAGMRECN-UGDNZRGBSAN; the U.S. National Institutes of Health PubChem Compound Identifier (CID) for sucrose is 5988; and the Chemical 1 See Initiation of Five-Year (Sunset) Reviews, 84 FR 58687 (November 1, 2019); Initiation of FiveYear (Sunset) Review; Correction, 84 FR 66153 (December 3, 2019). 2 See Letter, ‘‘Sugar from Mexico: Notice of Intent to Participate’’, dated December 18, 2019; Letter, ‘‘Sugar from Mexico, Case Nos. C–201–846 and A– 201–845 (Five-Year Sunset Reviews): Notice of Intent to Participate’’, dated December 18, 2019. 3 See Letter, American Sugar Coalition, ‘‘Sugar from Mexico: Substantive Response to Notice of Initiation of Five-Year (Sunset) Reviews of the Antidumping and Countervailing Duty Suspension Agreements,’’ dated January 2, 2020; Letter, ‘‘Sugar from Mexico: Substantive Response of the Imperial Sugar Company to Commerce’s Notice of Initiation of Five-Year (‘‘Sunset’’) Reviews’’, dated January 2, 2020. 4 See Letter to Wilbur Ross, Secretary of Commerce, from Sweetener Users Association. re: ‘‘Sugar from Mexico’’ (January 21, 2020); Letter to Wilbur Ross, Secretary of Commerce, from Sweetener Users Association, re: ‘‘Sugar from Mexico’’ (January 23, 2020); Letter, ‘‘Rejection on January 21 and January 23 Filings’’, dated February 5, 2020. 5 See Letter, ‘‘Sunset Reviews Initiated on December 2, 2019’’, dated January 22, 2020. E:\FR\FM\07APN1.SGM 07APN1 Federal Register / Vol. 85, No. 67 / Tuesday, April 7, 2020 / Notices Abstracts Service (CAS) Number of sucrose is 57–50–1. Sugar includes products of all polarimeter readings described in various forms, such as raw sugar, estandar or standard sugar, high polarity or semi-refined sugar, special white sugar, refined sugar, brown sugar, edible molasses, de-sugaring molasses, organic raw sugar, and organic refined sugar. Other sugar products, such as powdered sugar, colored sugar, flavored sugar, and liquids and syrups that contain 95 percent or more sugar by dry weight are also within the scope of this Agreement. Merchandise covered by this 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 scope of the Agreement excludes sugar imported under the Refined Sugar Re-Export Programs of the U.S. Department of Agriculture, sugar products produced in Mexico that contain 95 percent or more sugar by dry weight that originated outside of Mexico, inedible molasses (other than inedible desugaring molasses noted above), beverages, candy, certain specialty sugars, and processed food products that contain sugar (e.g., cereals). Specialty sugars excluded from the scope of this Agreement are limited to the following: Caramelized slab sugar candy, pearl sugar, rock candy, dragees for cooking and baking, fondant, golden syrup, and sugar decorations.6 khammond on DSKJM1Z7X2PROD with NOTICES Analysis of Comments Received All issues raised in this sunset review, including the likelihood of continuation or recurrence of dumping in the event of the termination of the Agreement and suspended investigation, and the magnitude of the margins likely to prevail, are addressed in the accompanying Issues and Decision Memorandum.7 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). 6 See Sugar from Mexico: Suspension of Antidumping Investigation, 79 FR 78039 (December 29, 2014). 7 See Memorandum, ‘‘Issues and Decision Memorandum for the Expedited First Sunset Review of the Agreement Suspending the Antidumping Investigation on Sugar from Mexico,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). VerDate Sep<11>2014 18:22 Apr 06, 2020 Jkt 250001 ACCESS is available to registered users at https://access.trade.gov and to all parties in the Central Records Unit, Room B8024 of the main Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the internet at https:// enforcement.trade.gov/frn/. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Final Results of Sunset Review Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, we determine that termination of the Agreement and suspended antidumping investigation on sugar from Mexico is likely to lead to the continuation or recurrence of dumping, and that the magnitude of the dumping margins likely to prevail would be weightedaverage dumping margins up to 42.14.8 19439 VIII. Recommendation [FR Doc. 2020–07199 Filed 4–6–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–008] Calcium Hypochlorite From the People’s Republic of China: Final Results of the Expedited First Sunset Review of the Antidumping Duty Order This notice serves as the only reminder to parties subject to an APO of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely 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 terms of an APO is a violation which is subject to sanction. Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) finds that revocation of the antidumping duty order on calcium hypochlorite from the People’s Republic of China (China) would be likely to lead to continuation or recurrence of dumping at the levels indicated in the ‘‘Final Results of Sunset Review’’ section of this notice. DATES: Applicable April 7, 2020. FOR FURTHER INFORMATION CONTACT: Rachel Greenberg, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0652. SUPPLEMENTARY INFORMATION: Notification to Interested Parties Background Administrative Protective Order (APO) We are issuing and publishing these final results and notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and 19 CFR 351.218. Dated: March 31, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Orders IV. History of the Orders V. Legal Framework VI. Discussion of the Issues 1. Likelihood of Continuation or Recurrence of Dumping 2. Magnitude of the Margins Likely To Prevail VII. Final Results of Reviews 8 See Sugar from Mexico: Final Determination of Sales at Less than Fair Value, 80 FR 57341 (September 23, 2015). PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 AGENCY: On January 30, 2015, Commerce published its antidumping duty order on calcium hypochlorite from China.1 On December 2, 2019, Commerce published the notice of initiation of the five-year sunset review of the Order, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2 On December 17, 2019, Commerce received a notice of intent to participate in this review from Innovative Water Care, LLC dba Sigura (IWC) within the deadline specified in 19 CFR 351.218(d)(1)(i).3 IWC claimed interested party status under section 771(9)(C) of the Act as a manufacturer of a domestic like product in the United States. On January 2, 2020, IWC provided a complete substantive response for this review within the 30-day deadline specified in 1 See Calcium Hypochlorite from the People’s Republic of China: Antidumping Duty Order, 80 FR 5085 (January 30, 2015) (Order). 2 See Initiation of Five-Year (Sunset) Reviews, 84 FR 65968 (December 2, 2019) (Notice of Initiation). 3 See IWC’s Letter, ‘‘Notice of Intent to Participate,’’ dated December 17, 2019. E:\FR\FM\07APN1.SGM 07APN1

Agencies

[Federal Register Volume 85, Number 67 (Tuesday, April 7, 2020)]
[Notices]
[Pages 19438-19439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07199]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-845]


Sugar From Mexico: Final Results of the Expedited First Sunset 
Review of the Agreement Suspending the Antidumping Duty Investigation

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: As a result of this sunset review, the Department of Commerce 
(Commerce) finds that termination of the Agreement Suspending the 
Antidumping Duty Investigation on Sugar from Mexico (Agreement) and the 
suspended antidumping duty (AD) investigation would be likely to lead 
to the continuation or recurrence of dumping at the levels indicated in 
the ``Final Results of Sunset Reviews'' section of this notice. The 
magnitude of the dumping margin likely to prevail is indicated in the 
``Final Results of Review'' section of this notice.

DATES: Applicable April 7, 2020.

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

SUPPLEMENTARY INFORMATION:

Background

    On December 3, 2019, Commerce published the notice of initiation of 
the first sunset review of the agreement suspending the antidumping 
investigation on sugar from Mexico, pursuant to section 751(c)(2) of 
the Tariff Act of 1930, as amended (the Act).\1\ We received notice of 
intent to participate in the review from the following parties, both 
domestic interested parties: Imperial Sugar Company and the American 
Sugar Coalition (``ASC'').\2\ Commerce received complete substantive 
responses from the domestic interested parties within the 30-day 
deadline specified in 19 CFR 351.218(d)(3)(i).\3\ We rejected untimely 
submissions filed by Sweetener Users Association (SUA) on January 21, 
2020 and January 23, 2020.\4\ We received no substantive responses from 
any other interested parties, nor was a hearing requested. As a result, 
pursuant to section 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited (120-day) 
sunset review of the Agreement and suspended investigation.\5\
---------------------------------------------------------------------------

    \1\ See Initiation of Five-Year (Sunset) Reviews, 84 FR 58687 
(November 1, 2019); Initiation of Five-Year (Sunset) Review; 
Correction, 84 FR 66153 (December 3, 2019).
    \2\ See Letter, ``Sugar from Mexico: Notice of Intent to 
Participate'', dated December 18, 2019; Letter, ``Sugar from Mexico, 
Case Nos. C-201-846 and A-201-845 (Five-Year Sunset Reviews): Notice 
of Intent to Participate'', dated December 18, 2019.
    \3\ See Letter, American Sugar Coalition, ``Sugar from Mexico: 
Substantive Response to Notice of Initiation of Five-Year (Sunset) 
Reviews of the Antidumping and Countervailing Duty Suspension 
Agreements,'' dated January 2, 2020; Letter, ``Sugar from Mexico: 
Substantive Response of the Imperial Sugar Company to Commerce's 
Notice of Initiation of Five-Year (``Sunset'') Reviews'', dated 
January 2, 2020.
    \4\ See Letter to Wilbur Ross, Secretary of Commerce, from 
Sweetener Users Association. re: ``Sugar from Mexico'' (January 21, 
2020); Letter to Wilbur Ross, Secretary of Commerce, from Sweetener 
Users Association, re: ``Sugar from Mexico'' (January 23, 2020); 
Letter, ``Rejection on January 21 and January 23 Filings'', dated 
February 5, 2020.
    \5\ See Letter, ``Sunset Reviews Initiated on December 2, 
2019'', dated January 22, 2020.
---------------------------------------------------------------------------

Scope of the Agreement

    The merchandise subject to the Agreement is raw and refined sugar 
of all polarimeter readings derived from sugar cane or sugar beets. The 
chemical sucrose gives sugar its essential character. Sucrose is a 
nonreducing disaccharide composed of glucose and fructose linked by a 
glycosidic bond via their anomeric carbons. The molecular formula for 
sucrose is C12H22O11; the International Union of Pure and Applied 
Chemistry (IUPAC) International Chemical Identifier (InChl) for sucrose 
is 1S/C12H22O11/c13-l-4-6(16)8(18)9(19)11(21-4)23-12(3-15)10(20)7(17) 
5(2-14)22-12/h4-11,13-20H,1-3H2/t4-,5-,6-,7-,8+,9-,10+,11-,12+/m1/s1; 
the InChl Key for sucrose is CZMRCDWAGMRECN-UGDNZRGBSA-N; the U.S. 
National Institutes of Health PubChem Compound Identifier (CID) for 
sucrose is 5988; and the Chemical

[[Page 19439]]

Abstracts Service (CAS) Number of sucrose is 57-50-1.
    Sugar includes products of all polarimeter readings described in 
various forms, such as raw sugar, estandar or standard sugar, high 
polarity or semi-refined sugar, special white sugar, refined sugar, 
brown sugar, edible molasses, de-sugaring molasses, organic raw sugar, 
and organic refined sugar. Other sugar products, such as powdered 
sugar, colored sugar, flavored sugar, and liquids and syrups that 
contain 95 percent or more sugar by dry weight are also within the 
scope of this Agreement. Merchandise covered by this 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 scope of the Agreement excludes sugar imported under the 
Refined Sugar Re-Export Programs of the U.S. Department of Agriculture, 
sugar products produced in Mexico that contain 95 percent or more sugar 
by dry weight that originated outside of Mexico, inedible molasses 
(other than inedible desugaring molasses noted above), beverages, 
candy, certain specialty sugars, and processed food products that 
contain sugar (e.g., cereals). Specialty sugars excluded from the scope 
of this Agreement are limited to the following: Caramelized slab sugar 
candy, pearl sugar, rock candy, dragees for cooking and baking, 
fondant, golden syrup, and sugar decorations.\6\
---------------------------------------------------------------------------

    \6\ See Sugar from Mexico: Suspension of Antidumping 
Investigation, 79 FR 78039 (December 29, 2014).
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in this sunset review, including the likelihood 
of continuation or recurrence of dumping in the event of the 
termination of the Agreement and suspended investigation, and the 
magnitude of the margins likely to prevail, are addressed in the 
accompanying Issues and Decision Memorandum.\7\ 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 https://access.trade.gov and to all parties in the 
Central Records Unit, Room B8024 of the main Commerce building. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly on the internet at https://enforcement.trade.gov/frn/. The signed and electronic versions of the Issues and Decision 
Memorandum are identical in content.
---------------------------------------------------------------------------

    \7\ See Memorandum, ``Issues and Decision Memorandum for the 
Expedited First Sunset Review of the Agreement Suspending the 
Antidumping Investigation on Sugar from Mexico,'' dated concurrently 
with, and hereby adopted by, this notice (Issues and Decision 
Memorandum).
---------------------------------------------------------------------------

Final Results of Sunset Review

    Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, we 
determine that termination of the Agreement and suspended antidumping 
investigation on sugar from Mexico is likely to lead to the 
continuation or recurrence of dumping, and that the magnitude of the 
dumping margins likely to prevail would be weighted-average dumping 
margins up to 42.14.\8\
---------------------------------------------------------------------------

    \8\ See Sugar from Mexico: Final Determination of Sales at Less 
than Fair Value, 80 FR 57341 (September 23, 2015).
---------------------------------------------------------------------------

Administrative Protective Order (APO)

    This notice serves as the only reminder to parties subject to an 
APO of their responsibility concerning the return or destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305. Timely 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 terms of an APO 
is a violation which is subject to sanction.

Notification to Interested Parties

    We are issuing and publishing these final results and notice in 
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and 
19 CFR 351.218.

    Dated: March 31, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Orders
IV. History of the Orders
V. Legal Framework
VI. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of Dumping
    2. Magnitude of the Margins Likely To Prevail
VII. Final Results of Reviews
VIII. Recommendation


[FR Doc. 2020-07199 Filed 4-6-20; 8:45 am]
BILLING CODE 3510-DS-P
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