Agreement Suspending the Countervailing Duty Investigation on Sugar From Mexico: Final Results of the 2018 Administrative Review, 68563-68564 [2020-23924]

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Notification to Interested Parties This notice is issued and published in accordance with sections 516A(e)(1), 751(a)(1), and 777(i)(1) of the Act. Dated: October 23, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2020–23959 Filed 10–28–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–201–846] jbell on DSKJLSW7X2PROD with NOTICES Agreement Suspending the Countervailing Duty Investigation on Sugar From Mexico: Final Results of the 2018 Administrative Review Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) continues to find that the respondents selected for individual examination were in compliance with AGENCY: VerDate Sep<11>2014 18:03 Oct 28, 2020 Jkt 253001 the Agreement Suspending the Countervailing Duty Investigation on Sugar from Mexico (CVD Agreement), as amended on June 30, 2017 (collectively, amended CVD Agreement), and that the amended CVD Agreement is meeting the statutory requirements under sections 704(c) and (d) of the Tariff Act of 1930, as amended (the Act), during the period of review (POR) from January 1, 2018, through December 31, 2018. DATES: Applicable October 29, 2020. FOR FURTHER INFORMATION CONTACT: Sally C. Gannon or David Cordell, Enforcement and 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 February 6, 2020, Commerce published the Preliminary Results of this administrative review.1 On March 6, 2020, the American Sugar Coalition and its members (collectively ASC),2 the 1 See Suspension Agreement on Sugar From Mexico; 2018 Administrative Review of the Agreement Suspending the Countervailing Duty Investigation on Sugar From Mexico (as Amended), 85 FR 6906 (February 6, 2020) (Preliminary Results). 2 The members of the ASC 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 PO 00000 Frm 00009 Fmt 4703 68563 Sfmt 4703 4.22 4.22 4.22 4.22 4.22 4.22 4.22 4.22 4.22 4.22 4.22 4.22 4.22 4.22 4.22 4.22 4.22 4.22 4.22 4.22 4.22 4.22 4.22 4.22 4.22 4.22 4.22 4.22 petitioners, filed a request for a hearing, which they later withdrew.3 On June 24, 2020, Commerce set the briefing schedule for the final results of this review.4 On July 6, 2020, the ASC filed a case brief and the Government of Mexico (GOM) filed a letter in lieu of a case brief.5 On July 13, 2020, the respondents filed a letter in lieu of a rebuttal brief.6 On April 24, 2020, Commerce tolled all deadlines in administrative reviews by 50 days.7 On July 14, 2020, Commerce extended the deadline for the Cooperative of Florida, and the United States Beet Sugar Association. 3 See Petitioners’ Letter, ‘‘Sugar from Mexico: Request for Hearing’’ dated March 6, 2020; see also ‘‘Sugar from Mexico: Withdrawal of Request for a Hearing,’’ dated July 16, 2020. 4 See Memorandum, ‘‘Establishment of Briefing Schedule for the 2017–2018 Administrative Reviews of the Agreement Suspending the Antidumping Investigation on Sugar from Mexico and the Agreement Suspending the Countervailing Duty Investigation on Sugar from Mexico,’’ dated June 24, 2020. 5 See GOM Letter, ‘‘Administrative Review of the Agreement Suspending the Countervailing Duty Investigation on Sugar from Mexico: Letter in Lieu of Case Brief,’’ dated July 6, 2020; see also ASC Case Brief, ‘‘Case Brief filed by the American Sugar Coalition and its Members,’’ dated July 6, 2020. 6 See Letter in Lieu of Rebuttal brief filed by Ca´mara Nacional de Las Industrias Azucarera y Alcoholera (Ca´mara) ‘‘Sugar from Mexico—Rebuttal Brief,’’ dated July 13, 2020. 7 See Memorandum to the Record, from Jeffrey I. Kessler, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Administrative Reviews in Response to Operational Adjustments Due to COVID–19,’’ dated April 24, 2020. E:\FR\FM\29OCN1.SGM 29OCN1 68564 Federal Register / Vol. 85, No. 210 / Thursday, October 29, 2020 / Notices final results of this review by 30 days.8 On July 21, 2020, Commerce tolled all deadlines in administrative reviews by an additional 60 days.9 As a result, the final results of this administrative review are due no later than October 23, 2020. Scope of Amended CVD Agreement The product covered by this amended CVD Agreement is raw and refined sugar of all polarimeter readings derived from sugar cane or sugar beets. Merchandise covered by this amended CVD Agreement is typically imported under the following headings of the Harmonized Tariff Schedule of the United States (HTSUS): 1701.12.1000, 1701.12.5000, 1701.13.1000, 1701.13.5000, 1701.14.1000, 1701.14.1020, 1701.14.1040, 1701.14.5000, 1701.91.1000, 1701.91.3000, 1701.99.1010, 1701.99.1015, 1701.99.1017, 1701.99.1025, 1701.99.1050, 1701.99.5010, 1701.99.5015, 170.99.5017, 1701.99.5025, 1701.99.5050, 1702.90.4000, and 1703.10.3000. The tariff classification is provided for convenience and customs purposes; however, the written description of the scope of this amended CVD Agreement is dispositive. A full description of the scope of the amended CVD Agreement is contained in the Issues and Decision Memorandum.10 jbell on DSKJLSW7X2PROD with NOTICES Analysis Commerce continues to find that the GOM and selected respondents, Ingenio Adolfo Lo´pez Mateos S.A. de C.V. and its affiliates 11 (Grupo PIASA) and 8 See Memorandum to Joseph A. Laroski Jr., Deputy Assistant Secretary for Policy & Negotiations, ‘‘Extension of Deadlines for Final Results of the Administrative Review of the Agreement Suspending the Antidumping Duty Investigation on Sugar from Mexico and for Final Results of the Administrative Review of the Agreement Suspending the Countervailing Duty Investigation on Sugar from Mexico,’’ dated July 14, 2020. 9 See Memorandum to the Record, from Jeffrey I. Kessler, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Administrative Reviews,’’ dated July 21, 2020. 10 See Memorandum to Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance, from Joseph A. Laroski, Jr., Deputy Assistant Secretary for Policy & Negotiations, ‘‘Issues and Decision Memorandum for the Final Results of the Administrative Review of the Agreement Suspending the Countervailing Duty Investigation on Sugar from Mexico, for the period January 1, 2018 through December 31, 2018,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 11 The affiliates of Ingenio Adolfo L6pez Mateos, S.A. de C.V. are Ingenio Tres Valles, S.A. de C.V. and Piasa Ingenio Plan de San Luis, S.A. de C.V. (collectively, Grupo PIASA). VerDate Sep<11>2014 18:03 Oct 28, 2020 Jkt 253001 Ingenio Pa´nuco S.A.P.I. de C.V. (Pa´nuco), were in compliance with the terms of the amended CVD Agreement 12 during the POR, and that the amended CVD Agreement is functioning as intended. Further, we continue to determine that the amended CVD Agreement is meeting its statutory requirements under sections 704(c) and (d) of the Act. Finally, we determine that the amended CVD Agreement can be effectively monitored, and there have been no violations by the selected respondents of the amended CVD Agreement during the POR. The issue raised in the case and rebuttal briefs is addressed in the accompanying Issues and Decision Memorandum and business proprietary memorandum.13 The issue is also identified in the Appendix to this notice. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the internet at http:// trade.gov/enforcement/frn/index.html. The signed Issues and Decision Memorandum and electronic versions of the Issues and Decision Memorandum are identical in content. Notification Regarding Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or 12 See Agreement Suspending the Countervailing Duty Investigation of Sugar from Mexico, 79 FR 78044 (December 29, 2014) and Sugar From Mexico: Amendment to the Agreement Suspending the Countervailing Duty Investigation, 82 FR 31942 (July 11, 2017) (CVD Amendment). Consistent with a ruling from the Court of International Trade, Commerce published in the Federal Register a notice of the termination of the 2017 CVD Amendment (which was in effect during period of review), with an applicable date of December 7, 2019. See Sugar from Mexico: Notice of Termination of Amendment to the Agreement Suspending the Countervailing Duty Investigation, 84 FR 67718 (December 11, 2019). 13 See Issues and Decision Memorandum; see also Memorandum to the File from David Cordell, through Sally C. Gannon, Director for Bilateral Agreements, ‘‘Proprietary Analysis of Final Results of the Administrative Review of the Agreement Suspending the Countervailing Duty Investigation on Sugar from Mexico, for the Period January 1, 2018, through December 31, 2018’’ dated concurrently with, and hereby adopted by, this notice. PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 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 sanctionable violation. Notification to Interested Parties We are issuing and publishing these results of review in accordance with sections 751(a)(l) and 777(i)(l) of the Act and 19 CFR 351.213 and 19 CFR 351.221(b)(5). Dated: October 21, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix Issues and Decision Memorandum I. Summary II. Scope of the Agreement III. Background IV. Discussion of the Issues Comment 1: Whether Certain Behavior of Mexican Sugar Mills Violated the Terms of the Amended CVD Agreement V. Recommendation [FR Doc. 2020–23924 Filed 10–28–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XA600] Gulf of Mexico Fishery Management Council; Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a public meeting. AGENCY: The Gulf of Mexico Fishery Management Council will hold a public hearing via webinar to discuss Reef Fish Amendment 48—Amendment Reef Fish 48/Red Drum 5: Status Determination Criteria and Optimum Yield for Reef Fish and Red Drum. DATES: The webinar will be held on Tuesday, November 17, 2020, 6 p.m. EST; and will conclude no later than 8 p.m. ADDRESSES: The public hearing will be held via webinar. Council address: Gulf of Mexico Fishery Management Council, 4107 W Spruce Street, Suite 200, Tampa, FL 33607; telephone: (813) 348–1630. FOR FURTHER INFORMATION CONTACT: Dr. John Froeschke, Deputy Director and Emily Muehlstein, Public Information Officer, Gulf of Mexico Fishery Management Council; emily.muehlstein@gulfcouncil.org, SUMMARY: E:\FR\FM\29OCN1.SGM 29OCN1

Agencies

[Federal Register Volume 85, Number 210 (Thursday, October 29, 2020)]
[Notices]
[Pages 68563-68564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23924]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-201-846]


Agreement Suspending the Countervailing Duty Investigation on 
Sugar From Mexico: Final Results of the 2018 Administrative Review

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) continues to find that 
the respondents selected for individual examination were in compliance 
with the Agreement Suspending the Countervailing Duty Investigation on 
Sugar from Mexico (CVD Agreement), as amended on June 30, 2017 
(collectively, amended CVD Agreement), and that the amended CVD 
Agreement is meeting the statutory requirements under sections 704(c) 
and (d) of the Tariff Act of 1930, as amended (the Act), during the 
period of review (POR) from January 1, 2018, through December 31, 2018.

DATES: Applicable October 29, 2020.

FOR FURTHER INFORMATION CONTACT: Sally C. Gannon or David Cordell, 
Enforcement and 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 February 6, 2020, Commerce published the Preliminary Results of 
this administrative review.\1\ On March 6, 2020, the American Sugar 
Coalition and its members (collectively ASC),\2\ the petitioners, filed 
a request for a hearing, which they later withdrew.\3\ On June 24, 
2020, Commerce set the briefing schedule for the final results of this 
review.\4\ On July 6, 2020, the ASC filed a case brief and the 
Government of Mexico (GOM) filed a letter in lieu of a case brief.\5\ 
On July 13, 2020, the respondents filed a letter in lieu of a rebuttal 
brief.\6\
---------------------------------------------------------------------------

    \1\ See Suspension Agreement on Sugar From Mexico; 2018 
Administrative Review of the Agreement Suspending the Countervailing 
Duty Investigation on Sugar From Mexico (as Amended), 85 FR 6906 
(February 6, 2020) (Preliminary Results).
    \2\ The members of the ASC 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.
    \3\ See Petitioners' Letter, ``Sugar from Mexico: Request for 
Hearing'' dated March 6, 2020; see also ``Sugar from Mexico: 
Withdrawal of Request for a Hearing,'' dated July 16, 2020.
    \4\ See Memorandum, ``Establishment of Briefing Schedule for the 
2017-2018 Administrative Reviews of the Agreement Suspending the 
Antidumping Investigation on Sugar from Mexico and the Agreement 
Suspending the Countervailing Duty Investigation on Sugar from 
Mexico,'' dated June 24, 2020.
    \5\ See GOM Letter, ``Administrative Review of the Agreement 
Suspending the Countervailing Duty Investigation on Sugar from 
Mexico: Letter in Lieu of Case Brief,'' dated July 6, 2020; see also 
ASC Case Brief, ``Case Brief filed by the American Sugar Coalition 
and its Members,'' dated July 6, 2020.
    \6\ See Letter in Lieu of Rebuttal brief filed by C[aacute]mara 
Nacional de Las Industrias Azucarera y Alcoholera (C[aacute]mara) 
``Sugar from Mexico--Rebuttal Brief,'' dated July 13, 2020.
---------------------------------------------------------------------------

    On April 24, 2020, Commerce tolled all deadlines in administrative 
reviews by 50 days.\7\ On July 14, 2020, Commerce extended the deadline 
for the

[[Page 68564]]

final results of this review by 30 days.\8\ On July 21, 2020, Commerce 
tolled all deadlines in administrative reviews by an additional 60 
days.\9\ As a result, the final results of this administrative review 
are due no later than October 23, 2020.
---------------------------------------------------------------------------

    \7\ See Memorandum to the Record, from Jeffrey I. Kessler, 
``Tolling of Deadlines for Antidumping and Countervailing Duty 
Administrative Reviews in Response to Operational Adjustments Due to 
COVID-19,'' dated April 24, 2020.
    \8\ See Memorandum to Joseph A. Laroski Jr., Deputy Assistant 
Secretary for Policy & Negotiations, ``Extension of Deadlines for 
Final Results of the Administrative Review of the Agreement 
Suspending the Antidumping Duty Investigation on Sugar from Mexico 
and for Final Results of the Administrative Review of the Agreement 
Suspending the Countervailing Duty Investigation on Sugar from 
Mexico,'' dated July 14, 2020.
    \9\ See Memorandum to the Record, from Jeffrey I. Kessler, 
``Tolling of Deadlines for Antidumping and Countervailing Duty 
Administrative Reviews,'' dated July 21, 2020.
---------------------------------------------------------------------------

Scope of Amended CVD Agreement

    The product covered by this amended CVD Agreement is raw and 
refined sugar of all polarimeter readings derived from sugar cane or 
sugar beets.
    Merchandise covered by this amended CVD Agreement is typically 
imported under the following headings of the Harmonized Tariff Schedule 
of the United States (HTSUS): 1701.12.1000, 1701.12.5000, 1701.13.1000, 
1701.13.5000, 1701.14.1000, 1701.14.1020, 1701.14.1040, 1701.14.5000, 
1701.91.1000, 1701.91.3000, 1701.99.1010, 1701.99.1015, 1701.99.1017, 
1701.99.1025, 1701.99.1050, 1701.99.5010, 1701.99.5015, 170.99.5017, 
1701.99.5025, 1701.99.5050, 1702.90.4000, and 1703.10.3000. The tariff 
classification is provided for convenience and customs purposes; 
however, the written description of the scope of this amended CVD 
Agreement is dispositive.
    A full description of the scope of the amended CVD Agreement is 
contained in the Issues and Decision Memorandum.\10\
---------------------------------------------------------------------------

    \10\ See Memorandum to Jeffrey I. Kessler, Assistant Secretary 
for Enforcement and Compliance, from Joseph A. Laroski, Jr., Deputy 
Assistant Secretary for Policy & Negotiations, ``Issues and Decision 
Memorandum for the Final Results of the Administrative Review of the 
Agreement Suspending the Countervailing Duty Investigation on Sugar 
from Mexico, for the period January 1, 2018 through December 31, 
2018,'' dated concurrently with, and hereby adopted by, this notice 
(Issues and Decision Memorandum).
---------------------------------------------------------------------------

Analysis

    Commerce continues to find that the GOM and selected respondents, 
Ingenio Adolfo L[oacute]pez Mateos S.A. de C.V. and its affiliates \11\ 
(Grupo PIASA) and Ingenio P[aacute]nuco S.A.P.I. de C.V. 
(P[aacute]nuco), were in compliance with the terms of the amended CVD 
Agreement \12\ during the POR, and that the amended CVD Agreement is 
functioning as intended. Further, we continue to determine that the 
amended CVD Agreement is meeting its statutory requirements under 
sections 704(c) and (d) of the Act. Finally, we determine that the 
amended CVD Agreement can be effectively monitored, and there have been 
no violations by the selected respondents of the amended CVD Agreement 
during the POR.
---------------------------------------------------------------------------

    \11\ The affiliates of Ingenio Adolfo L6pez Mateos, S.A. de C.V. 
are Ingenio Tres Valles, S.A. de C.V. and Piasa Ingenio Plan de San 
Luis, S.A. de C.V. (collectively, Grupo PIASA).
    \12\ See Agreement Suspending the Countervailing Duty 
Investigation of Sugar from Mexico, 79 FR 78044 (December 29, 2014) 
and Sugar From Mexico: Amendment to the Agreement Suspending the 
Countervailing Duty Investigation, 82 FR 31942 (July 11, 2017) (CVD 
Amendment). Consistent with a ruling from the Court of International 
Trade, Commerce published in the Federal Register a notice of the 
termination of the 2017 CVD Amendment (which was in effect during 
period of review), with an applicable date of December 7, 2019. See 
Sugar from Mexico: Notice of Termination of Amendment to the 
Agreement Suspending the Countervailing Duty Investigation, 84 FR 
67718 (December 11, 2019).
---------------------------------------------------------------------------

    The issue raised in the case and rebuttal briefs is addressed in 
the accompanying Issues and Decision Memorandum and business 
proprietary memorandum.\13\ The issue is also identified in the 
Appendix to this notice. The Issues and Decision Memorandum is a public 
document and is on file electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (ACCESS). ACCESS is available to registered users at http://access.trade.gov. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly on the internet at http://trade.gov/enforcement/frn/index.html. The signed Issues and Decision 
Memorandum and electronic versions of the Issues and Decision 
Memorandum are identical in content.
---------------------------------------------------------------------------

    \13\ See Issues and Decision Memorandum; see also Memorandum to 
the File from David Cordell, through Sally C. Gannon, Director for 
Bilateral Agreements, ``Proprietary Analysis of Final Results of the 
Administrative Review of the Agreement Suspending the Countervailing 
Duty Investigation on Sugar from Mexico, for the Period January 1, 
2018, through December 31, 2018'' dated concurrently with, and 
hereby adopted by, this notice.
---------------------------------------------------------------------------

Notification Regarding Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely 
written notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    We are issuing and publishing these results of review in accordance 
with sections 751(a)(l) and 777(i)(l) of the Act and 19 CFR 351.213 and 
19 CFR 351.221(b)(5).

    Dated: October 21, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

Issues and Decision Memorandum

I. Summary
II. Scope of the Agreement
III. Background
IV. Discussion of the Issues
    Comment 1: Whether Certain Behavior of Mexican Sugar Mills 
Violated the Terms of the Amended CVD Agreement
V. Recommendation

[FR Doc. 2020-23924 Filed 10-28-20; 8:45 am]
BILLING CODE 3510-DS-P