Sugar From Mexico: Final Results of the Expedited First Sunset Review of the Agreement Suspending the Countervailing Duty Investigation, 19454-19455 [2020-07200]

Download as PDF khammond on DSKJM1Z7X2PROD with NOTICES 19454 Federal Register / Vol. 85, No. 67 / Tuesday, April 7, 2020 / Notices Common alloy sheet within the scope of the investigations includes both not clad aluminum sheet, as well as multi-alloy, clad aluminum sheet. With respect to not clad aluminum sheet, common alloy sheet is manufactured from a 1XXX-, 3XXX-, or 5XXX-series alloy as designated by the Aluminum Association. With respect to multi-alloy, clad aluminum sheet, common alloy sheet is produced from a 3XXX-series core, to which cladding layers are applied to either one or both sides of the core. Common alloy sheet may be made to ASTM specification B209–14, but can also be made to other specifications. Regardless of specification, however, all common alloy sheet meeting the scope description is included in the scope. Subject merchandise includes common alloy sheet that has been further processed in a third country, including but not limited to annealing, tempering, painting, varnishing, trimming, cutting, punching, and/or slitting, or any other processing that would not otherwise remove the merchandise from the scope of these investigations if performed in the country of manufacture of the common alloy sheet. Excluded from the scope of these investigations is aluminum can stock, which is suitable for use in the manufacture of aluminum beverage cans, lids of such cans, or tabs used to open such cans. Aluminum can stock is produced to gauges that range from 0.200 mm to 0.292 mm, and has an H– 19, H–41, H–48, or H–391 temper. In addition, aluminum can stock has a lubricant applied to the flat surfaces of the can stock to facilitate its Start Printed Page 2159 movement through machines used in the manufacture of beverage cans. Aluminum can stock is properly classified under Harmonized Tariff Schedule of the United States (HTSUS) subheadings 7606.12.3045 and 7606.12.3055. Where the nominal and actual measurements vary, a product is within the scope if application of either the nominal or actual measurement would place it within the scope based on the definitions set for the above. Common alloy sheet is currently classifiable under HTSUS subheadings 7606.11.3060, 7606.1l 6000, 7606.12.3096, 7606.12.6000, 7606.91.3095, 7606.9.6095, 7606.92.3035, and 7606.92.6095. Further, merchandise that falls within the scope of these investigations may also be entered into the United States under HTSUS subheadings 7606.11.3030, 7606.12.3015, 7606.12.3025, 7606.12.3035, 7606.12.3091, 7606.91.3055, 7606.91.6055, 7606.92.3025, 7606.92.6055, 7607.11.9090. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of these investigations is dispositive. [FR Doc. 2020–07180 Filed 4–6–20; 8:45 am] BILLING CODE 3510–DS–P VerDate Sep<11>2014 18:22 Apr 06, 2020 Jkt 250001 DEPARTMENT OF COMMERCE International Trade Administration [C–201–846] Sugar From Mexico: Final Results of the Expedited First Sunset Review of the Agreement Suspending the Countervailing 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 Countervailing Duty Investigation on Sugar from Mexico (Agreement) and the suspended countervailing duty (CVD) investigation would be likely to lead to the continuation or recurrence of a countervailable subsidy at the levels indicated in the ‘‘Final Results of Review’’ section of this notice. DATES: Applicable April 7, 2020. FOR FURTHER INFORMATION: 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 countervailing duty 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 1 See Initiation of Five-Year (Sunset) Reviews, 84 FR 58687 (November 1, 2019); see also Initiation of Five-Year (Sunset Review); Correction, 84 FR 66153 (December 3, 2019). 2 See Letter, American Sugar Coalition, ‘‘Sugar from Mexico: Notice of Intent to Participate’’, dated December 18, 2019; Letter, Imperial Sugar Company, ‘‘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 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 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)(B)–(C), 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 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, 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 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 Analysis of Comments Received All issues raised in this review are addressed in the Issues and Decision Memorandum, which is hereby adopted by this notice. The issues discussed in the Issues and Decision Memorandum include the likelihood of continuation or recurrence of a countervailable subsidy and the net countervailable subsidy likely to prevail if the order were revoked.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 at https://enforcement.trade.gov/frn. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Final Results of Review khammond on DSKJM1Z7X2PROD with NOTICES Pursuant to sections 751(c)(1) and 752(b) of the Act, Commerce determines that termination of the Agreement and suspended countervailing duty investigation on sugar from Mexico is likely to lead to the continuation or 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 Countervailing Duty 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 recurrence of a countervailable subsidy at the rates listed below: Net countervailable subsidy (percent) Company Fondo de Empresas Expropiadas del Sector Azucarero .......................... Ingenio Tala S.A. de C.V. and certain affiliated sugar mills of Grupo Azucarero Mexico S.A. de C.V .......... All Others .............................. 43.93 19455 DEPARTMENT OF COMMERCE International Trade Administration [C–570–123] Certain Corrosion Inhibitors From the People’s Republic of China: Postponement of Preliminary Determination in the Countervailing Duty Investigation Enforcement and Compliance, International Trade Administration, 5.78 Department of Commerce. 8 38.11 DATES: Applicable April 7, 2020. FOR FURTHER INFORMATION CONTACT: Administrative Protective Order (APO) Theodore Pearson or Nicholas This notice serves as the only Czajkowski, AD/CVD Operations, Office reminder to parties subject to an APO of I, Enforcement and Compliance, their responsibility concerning the International Trade Administration, return or destruction of proprietary U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, information disclosed under APO in DC 20230; telephone: (202) 482–2631 or accordance with 19 CFR 351.305. (202) 482–1395, respectively. Timely notification of the return or destruction of APO materials or SUPPLEMENTARY INFORMATION: conversion to judicial protective order is Background hereby requested. Failure to comply On February 25, 2020, the Department with the regulations and terms of an of Commerce (Commerce) initiated a APO is a violation which is subject to countervailing duty (CVD) investigation sanction. of imports of corrosion inhibitors from Notification to Interested Parties the People’s Republic of China.1 Currently, the preliminary We are issuing and publishing these determination is due no later than April final results and notice in accordance 30, 2020. with sections 751(c), 752(c), and 777(i)(1) of the Act and 19 CFR 351.218. Postponement of Preliminary Determination AGENCY: 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 a Countervailable Subsidy 2. Net Countervailable Subsidy Rates Likely to Prevail 3. Nature of the Subsidy VII. Final Results of Review VIII. Recommendation [FR Doc. 2020–07200 Filed 4–6–20; 8:45 am] BILLING CODE 3510–DS–P 1 See Certain Corrosion Inhibitors from the People’s Republic of China: Initiation of Countervailing Duty Investigation, 85 FR 12502 (March 3, 2020). 8 Id. PO 00000 Frm 00034 Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act), requires Commerce to issue the preliminary determination in a CVD investigation within 65 days after the date on which Commerce initiated the investigation. However, section 703(c)(1) of the Act permits Commerce to postpone the preliminary determination until no later than 130 days after the date on which Commerce initiated the investigation if: (A) The petitioner makes a timely request for a postponement; or (B) Commerce concludes that the parties concerned are cooperating, that the investigation is extraordinarily complicated, and that additional time is necessary to make a preliminary determination. Under 19 CFR 351.205(e), the petitioner must submit a request for postponement 25 days or more before the scheduled date of the preliminary determination and must state the reasons for the request. Commerce will grant the request unless Fmt 4703 Sfmt 4703 E:\FR\FM\07APN1.SGM 07APN1

Agencies

[Federal Register Volume 85, Number 67 (Tuesday, April 7, 2020)]
[Notices]
[Pages 19454-19455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07200]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-201-846]


Sugar From Mexico: Final Results of the Expedited First Sunset 
Review of the Agreement Suspending the Countervailing 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 
Countervailing Duty Investigation on Sugar from Mexico (Agreement) and 
the suspended countervailing duty (CVD) investigation would be likely 
to lead to the continuation or recurrence of a countervailable subsidy 
at the levels indicated in the ``Final Results of Review'' section of 
this notice.

DATES: Applicable April 7, 2020.

FOR FURTHER INFORMATION: 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 countervailing 
duty 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)(B)-(C), 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); see also Initiation of Five-Year (Sunset 
Review); Correction, 84 FR 66153 (December 3, 2019).
    \2\ See Letter, American Sugar Coalition, ``Sugar from Mexico: 
Notice of Intent to Participate'', dated December 18, 2019; Letter, 
Imperial Sugar Company, ``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 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,

[[Page 19455]]

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\
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    \6\ See ``Sugar from Mexico: Suspension of Antidumping 
Investigation'', 79 FR 78039 (December 29, 2014).
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Analysis of Comments Received

    All issues raised in this review are addressed in the Issues and 
Decision Memorandum, which is hereby adopted by this notice. The issues 
discussed in the Issues and Decision Memorandum include the likelihood 
of continuation or recurrence of a countervailable subsidy and the net 
countervailable subsidy likely to prevail if the order were revoked.\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 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 
Countervailing Duty Investigation on Sugar from Mexico,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
---------------------------------------------------------------------------

Final Results of Review

    Pursuant to sections 751(c)(1) and 752(b) of the Act, Commerce 
determines that termination of the Agreement and suspended 
countervailing duty investigation on sugar from Mexico is likely to 
lead to the continuation or recurrence of a countervailable subsidy at 
the rates listed below:
---------------------------------------------------------------------------

    \8\ Id.

------------------------------------------------------------------------
                                                               Net
                                                         countervailable
                        Company                              subsidy
                                                            (percent)
------------------------------------------------------------------------
Fondo de Empresas Expropiadas del Sector Azucarero.....            43.93
Ingenio Tala S.A. de C.V. and certain affiliated sugar              5.78
 mills of Grupo Azucarero Mexico S.A. de C.V...........
All Others.............................................        \8\ 38.11
------------------------------------------------------------------------

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 a Countervailable 
Subsidy
    2. Net Countervailable Subsidy Rates Likely to Prevail
    3. Nature of the Subsidy
VII. Final Results of Review
VIII. Recommendation

[FR Doc. 2020-07200 Filed 4-6-20; 8:45 am]
BILLING CODE 3510-DS-P
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