Agreement Suspending the Countervailing Duty Investigation on Sugar From Mexico; Preliminary Results of the 2020 Administrative Review, 938-940 [2022-00077]
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938
Federal Register / Vol. 87, No. 5 / Friday, January 7, 2022 / Notices
entity, we will instruct CBP to apply a
per-unit assessment rate of 105.80
percent to all entries of subject
merchandise during the POR which
were produced or exported by those
companies. Pursuant to a refinement in
our non-market economy practice, for
sales that were not reported in the U.S.
sales data submitted by companies
individually examined during this
review, we will instruct CBP to
liquidate entities associated with those
sales at the rate for the China-wide
entity. Furthermore, where we found
that an exporter under review had no
shipments of the subject merchandise,
any suspended entries that entered
under that exporter’s case number (i.e.,
at that exporter’s cash deposit rate) will
be liquidated at the rate for the Chinawide entity.21
tkelley on DSK125TN23PROD with NOTICE
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for shipments of
the subject merchandise from China
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided by section
751(a)(2)(C) of the Act: (1) For the
companies identified in the chart above,
the cash deposit rate will be equal to the
weighted-average dumping margin
established in the final results of this
review; (2) for previously investigated or
reviewed Chinese and non-Chinese
exporters not listed above that have
received a separate rate in a prior
segment of this proceeding, the cash
deposit rate will continue to be the
existing exporter-specific cash deposit
rate published for the completed
segment of the most recent period; (3)
for all Chinese exporters of subject
merchandise that have not been found
to be entitled to a separate rate, the cash
deposit rate will be the rate for the
China-wide entity; and (4) for all nonChinese exporters of subject
merchandise which have not received
their own separate rate, the cash deposit
rate will be the rate applicable to the
Chinese exporter that supplied that nonChinese exporter. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers Regarding
Reimbursement of Duties
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
21 For a full description of this practice, see
Assessment Practice Refinement, 86 FR 65694.
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antidumping duties prior to liquidation
of the relevant entries during this POR.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties has occurred and
the subsequent assessment of double
antidumping duties.
Notification Regarding Administrative
Protective Orders (APO)
This notice also serves as a final
reminder to parties subject to APO of
their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3),
which continues to govern business
proprietary information in this segment
of the proceeding. 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
violation which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing these
final results of administrative review in
accordance with sections 751(a)(1) and
777(i)(1) of the Act.
Dated: December 30, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the 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 Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Selection of Surrogate Country
Comment 2: HTS Classifications for Certain
Material Inputs and By-Products
Comment 3: Ocean Freight
Comment 4: Double Remedies Adjustment
Comment 5: Sales to Foreign Trade Zones
Comment 6: Differential Pricing
Methodology
Comment 7: Calculation of Zhongji’s
Margin
Comment 8: Separate Rate Margin
Comment 9: Selection of Individually
Examined Respondents
Comment 10: Correction of Company
Names
Comment 11: Review of Shanghai Huafon
Aluminum Corporation
VI. Recommendation
[FR Doc. 2022–00080 Filed 1–6–22; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[C–201–846]
Agreement Suspending the
Countervailing Duty Investigation on
Sugar From Mexico; Preliminary
Results of the 2020 Administrative
Review
Enforcement & Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that the signatory, the Government of
Mexico (GOM), and the respondent
companies selected for individual
examination, respectively, Impulsora
Azucarera Del Tropico, S.A. de C.V.
(Impulsora Del Tropico) and its affiliate
and Ingenio Huixtla SA de C.V. (Ingenio
Huixtla) and its affiliates are in
compliance with the Agreement
Suspending the Countervailing Duty
Investigation on Sugar from Mexico, as
amended (CVD Agreement), except for
certain instances of inconsequential
non-compliance. Commerce also
preliminarily determines that the CVD
Agreement continues to meet its
statutory requirements under sections
704(c) and (d) of the Tariff Act of 1930,
as amended (the Act), during the POR.
However, Commerce intends to address
certain issues identified in this review
by discussing these issues with the
GOM and Mexican producers/exporters,
as appropriate. We may request
consultations pursuant to the CVD
Agreement, as necessary, to resolve
these issues.
DATES: Applicable January 7, 2022.
FOR FURTHER INFORMATION CONTACT:
Sally C. Gannon or David Cordell,
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:
AGENCY:
Background
On December 19, 2014, Commerce
signed an agreement under section
704(c) of the Act, with the GOM,
suspending the countervailing duty
(CVD) investigation on sugar from
Mexico.1 On January 15, 2020, the CVD
Agreement was amended.2
1 See Agreement Suspending the Countervailing
Duty Investigation of Sugar from Mexico, 79 FR
78044 (December 29, 2014) (CVD Agreement).
2 See Sugar from Mexico: Amendment to the
Agreement Suspending the Countervailing Duty
Investigation, 85 FR 3613 (January 22, 2020) (CVD
E:\FR\FM\07JAN1.SGM
07JAN1
Federal Register / Vol. 87, No. 5 / Friday, January 7, 2022 / Notices
On December 17, 2020, the American
Sugar Coalition (ASC) and its members
(petitioners) 3 filed a timely request for
an administrative review of the CVD
Agreement.4 On February 4, 2021,
Commerce initiated an administrative
review for the period January 1, 2020,
through December 31, 2020.5
On March 23, 2021, Commerce
selected two companies as mandatory
respondents, listed in alphabetic order:
Impulsora Del Tropico and Ingenio
Huixtla SA de C.V.6 In addition, the
review covered the GOM, which is the
signatory to the CVD Agreement.
Scope of the CVD Agreement
tkelley on DSK125TN23PROD with NOTICE
The product covered by this CVD
Agreement is raw and refined sugar of
all polarimeter readings derived from
sugar cane or sugar beets. Merchandise
covered by this AD Agreement is
typically imported under the following
headings of the HTSUS: 1701.12.1000,
1701.12.5000, 1701.13.1000,
1701.13.5000, 1701.14.1020,
1701.14.1040, 1701.14.5000,
1701.91.1000, 1701.91.3000,
1701.99.1015, 1701.99.1017,
1701.99.1025, 1701.99.1050,
1701.99.5015, 1701.99.5017,
1701.99.5025, 1701.99.5050, and
1702.90.4000.7 The tariff classification
is provided for convenience and
customs purposes; however, the written
description of the scope of this CVD
Agreement is dispositive.8
Amendment) (collectively, as integrated into the
CVD Agreement, amended CVD Agreement).
3 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.
4 See Petitioners’ Letter, ‘‘Sugar from Mexico:
Request for Administrative Review,’’ dated
December 17, 2020.
5 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 86 FR
8166 (February 4, 2021).
6 See Memorandum, ‘‘2019–2020 Administrative
Review of the Agreement Suspending the
Antidumping Duty Investigation on Sugar from
Mexico As Amended; Respondent Selection,’’ dated
March 23, 2021.
7 Prior to July 1, 2016, merchandise covered by
the AD Agreement was classified in the HTSUS
under subheading 1701.99.1010. Prior to January 1,
2020, merchandise covered by the AD Agreement
was classified in the HTSUS under subheadings
1701.14.1000 and 1701.99.5010.
8 For a complete description of the Scope of the
CVD Agreement, see Memorandum, ‘‘Issues and
Decision Memorandum for the Preliminary Results
of the 2020 Administrative Review of the
Agreement Suspending the Countervailing Duty
Investigation on Sugar from Mexico, as Amended,’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
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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.’’ Pursuant
to the CVD Agreement, the GOM agrees
that subject merchandise is subject to
export limits.9 The GOM also agrees to
other conditions including limits on
exports of Refined Sugar 10 and
restrictions on shipping patterns for
exports.11 The CVD Agreement also
requires the GOM to issue contractspecific export licenses,12 submit
compliance monitoring reports to
Commerce,13 and institute penalties for
non-compliance with certain key terms
of the CVD Agreement and the
companion Agreement Suspending the
Antidumping Duty Investigation on
Sugar from Mexico, as amended (AD
Agreement).14
After reviewing the information
received to date from the GOM and
respondent companies in their
questionnaire and supplemental
questionnaire responses, we
preliminarily determine that the GOM
and respondent companies have
adhered to the terms of the CVD
Agreement, except for certain instances
of inconsequential non-compliance by
the respondent companies, and that the
CVD Agreement is functioning as
intended. Further, we preliminarily
determine that the CVD Agreement
continues to meet the statutory
requirements under sections 704(c) and
(d) of the Act. However, Commerce is
exploring additional measures to help
prevent reporting and recordkeeping
issues that may serve to diminish the
effective monitoring and enforcement of
the CVD Agreement. Commerce intends
to address certain issues identified in
this review by discussing these issues
with the GOM and Mexican producers/
exporters, as appropriate. We may
request consultations pursuant to the
CVD Agreement, as necessary, to resolve
these issues. For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. The
9 See
amended CVD Agreement at Section V.
Sugar’’ is defined in Section II.L of
the amended CVD Agreement.
11 Id. at Section V.C.
12 Id. at Section VI and Appendix I.
13 Id. at Section VIII.B.1 and Appendix II.
14 Id. at Section VIII.B.4; see also See Sugar from
Mexico: Suspension of Antidumping Investigation,
79 FR 78039 (December 29, 2014); and Sugar from
Mexico: Amendment to the Agreement Suspending
the Antidumping Duty Investigation, 85 FR 3620
(January 22, 2020).
10 ‘‘Refined
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939
Preliminary 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. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Commerce is also addressing
proprietary issues concerning each of
the respondents in separate memoranda
which we incorporate into the
Preliminary Decision Memorandum.15
Verification
As provided in section 782(i)(3)(a) of
the Act, Commerce verified the
information relied upon in making its
preliminary results. Normally,
Commerce verifies information using
standard procedures, including an onsite examination of original accounting,
financial, and sales documentation.
However, due to current travel
restrictions in response to the global
COVID–19 pandemic, Commerce is
unable to conduct on-site verification in
this review. Accordingly, we chose to
verify the information relied upon in
making the preliminary results through
alternative means in lieu of an on-site
verification. Commerce issued
questionnaires in lieu of on-site
verification to the GOM and each of the
respondents in the review.16 Any issues
that arose are addressed in the
Preliminary Decision Memorandum and
in the accompanying proprietary
memorandum for each respondent.
Public Comment
Case briefs are due 30 days from the
publication of these preliminary results
in the Federal Register. Rebuttal briefs,
limited to issues raised in case briefs,
may be submitted no later than seven
days after the deadline date for case
briefs.
Note that Commerce has temporarily
modified certain of its requirements for
serving documents containing business
proprietary information, until further
notice.17 Pursuant to 19 CFR
15 See Preliminary Decision Memorandum at 9, n.
78 and 12, n. 87.
16 See Commerce’s Letters, ‘‘2020 Administrative
Review of the Agreement Suspending the
Countervailing Duty Investigation on Sugar from
Mexico: In Lieu of On-Site Verification
Questionnaire,’’ dated November 12, 2021.
17 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19, 85 FR
17006 (March 26, 2020); and Temporary Rule
Modifying AD/CVD Service Requirements Due to
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07JAN1
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Federal Register / Vol. 87, No. 5 / Friday, January 7, 2022 / Notices
351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in
this investigation are encouraged to
submit with each argument: (1) A
statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities.18
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
Commerce’s electric records system,
ACCESS. An electronically filed request
must be received successfully in its
entirety by 5:00 p.m. Eastern Time
within 30 days after the date of
publication of this notice.19 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. If a request for
a hearing is made, Commerce intends to
hold the hearing at a time and date to
be determined.20 Parties should confirm
by telephone the date, time, and
location of the hearing two days before
the scheduled date.
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, unless
extended.
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: December 30, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
[FR Doc. 2022–00077 Filed 1–6–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Public Comment on the Annotated
Outline of the Fifth National Climate
Assessment
Office of Oceanic and
Atmospheric Research (OAR), National
Oceanic and Atmospheric
tkelley on DSK125TN23PROD with NOTICE
AGENCY:
COVID–19; Extension of Effective Period, 85 FR
41363 (July 10, 2020).
18 See 19 CFR 351.309(c)(2) and (d)(2).
19 See 19 CFR 351.310(c).
20 See 19 CFR 351.310(d).
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17:08 Jan 06, 2022
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Administration (NOAA), Department of
Commerce, (DOC).
ACTION: Notice of request for public
comment and public engagement on the
Annotated Outlines for the Fifth
National Climate Assessment.
This notice sets forth the U.S.
Global Change Research Program seeks
public comment on the proposed
themes and framework of the Fifth
National Climate Assessment as
indicated by the chapter annotated
outlines linked here. Based on input
received from this notice, chapter
author teams will develop their draft
chapters.
SUMMARY:
Comments must be submitted to
the web address specified below and
received by 45 days after the publication
date of this FRN.
ADDRESSES: Comments from the public
will be accepted electronically via
https://www.globalchange.gov/notices.
Instructions for submitting comments
are available on the website. Submitters
may enter text or upload files in
response to this notice.
FOR FURTHER INFORMATION CONTACT:
Chris Avery, (202) 419–3474, cavery@
usgcrp.gov, U.S. Global Change
Research Program.
SUPPLEMENTARY INFORMATION: The U.S.
Global Change Research Program
(USGCRP) is mandated under the Global
Change Research Act (GCRA) of 1990 to
conduct a quadrennial National Climate
Assessment. The most recent was
completed in 2018 and delivered in two
volumes: The Climate Science Special
Report (science2017.globalchange.gov)
and Impacts, Risks, and Adaptation in
the United States
(nca2018.globalchange.gov).
In addition to these two volumes,
other recent assessments by the U.S.
Government will inform the Fifth
National Climate Assessment (NCA5),
including the Second State of the
Carbon Cycle Report
(carbon2018.globalchange.gov); the
Impacts of Climate Change on Human
Health in the United States
(health2016.globalchange.gov); and
Climate Change, Global Food Security,
and the U.S. Food System (https://
www.usda.gov/oce/energy-andenvironment/food-security) As with all
previous USGCRP assessments, NCA5
development will be transparent and
inclusive, offering opportunities for
public participation throughout the
process. The production and review
processes are designed to result in a
report that is authoritative, timely,
relevant, and policy neutral; valued by
authors and users; accessible to the
DATES:
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widest possible audience; and fully
compliant with the GCRA.
Background information, additional
details, and instructions for submitting
comments can be found at https://
www.globalchange.gov/notices.
Responses to this Request for Comment
can be entered via that website.
The U.S. Global Change Research
Program seeks public comment on the
Annotated Outlines of each chapter of
the Fifth National Climate Assessment
(NCA5), in particular on the scope and
framing of chapter’s proposed topic
areas. Input received on proposed
themes within each chapter’s Annotated
Outline will be used by chapter author
teams to develop their draft chapters.
Authors of each chapter of NCA5 will
develop chapter content structured
around the topic areas proposed in the
Annotated Outlines, highlighting the
risk climate change poses to the things
Americans value. All chapters are
charged with focusing on scientific
advancements since the last assessment
was released in 2018. Because Chapter
1 is an overview summary of the final
report, there is no Annotated Outline for
Chapter 1 at this time.
Response to this Request for Comment
is voluntary. Respondents need not
reply to all questions or topics.
Responses may be used by the U.S.
Government for program planning on a
non-attribution basis. NOAA therefore
requests that no business proprietary
information or copyrighted information
be submitted in response to this Request
for Comment. Please note that the U.S.
Government will not pay for response
preparation, or for the use of any
information contained in the response.
The full list of NCA5 chapters is
below and can also be found https://
www.globalchange.gov/nca5. Chapter
titles reflect the target topics or regions
for the chapters. Final titles for the
chapter may evolve as authors assess
published literature.
Introduction and Summary
1. Overview (not included in this
review)
Physical Sciences
2. Earth Systems Processes
3. Climate Trends
National Topics
4. Water
5. Energy
6. Land Cover & Land-Use Change
7. Forests
8. Ecosystems
9. Coastal Effects
10. Oceans
11. Agriculture, Food Systems, and
Rural Communities
E:\FR\FM\07JAN1.SGM
07JAN1
]]>Agencies
[Federal Register Volume 87, Number 5 (Friday, January 7, 2022)]
[Notices]
[Pages 938-940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00077]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-201-846]
Agreement Suspending the Countervailing Duty Investigation on
Sugar From Mexico; Preliminary Results of the 2020 Administrative
Review
AGENCY: Enforcement & Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that the signatory, the Government of Mexico (GOM), and the respondent
companies selected for individual examination, respectively, Impulsora
Azucarera Del Tropico, S.A. de C.V. (Impulsora Del Tropico) and its
affiliate and Ingenio Huixtla SA de C.V. (Ingenio Huixtla) and its
affiliates are in compliance with the Agreement Suspending the
Countervailing Duty Investigation on Sugar from Mexico, as amended (CVD
Agreement), except for certain instances of inconsequential non-
compliance. Commerce also preliminarily determines that the CVD
Agreement continues to meet its statutory requirements under sections
704(c) and (d) of the Tariff Act of 1930, as amended (the Act), during
the POR. However, Commerce intends to address certain issues identified
in this review by discussing these issues with the GOM and Mexican
producers/exporters, as appropriate. We may request consultations
pursuant to the CVD Agreement, as necessary, to resolve these issues.
DATES: Applicable January 7, 2022.
FOR FURTHER INFORMATION CONTACT: Sally C. Gannon or David Cordell,
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
704(c) of the Act, with the GOM, suspending the countervailing duty
(CVD) investigation on sugar from Mexico.\1\ On January 15, 2020, the
CVD Agreement was amended.\2\
---------------------------------------------------------------------------
\1\ See Agreement Suspending the Countervailing Duty
Investigation of Sugar from Mexico, 79 FR 78044 (December 29, 2014)
(CVD Agreement).
\2\ See Sugar from Mexico: Amendment to the Agreement Suspending
the Countervailing Duty Investigation, 85 FR 3613 (January 22, 2020)
(CVD Amendment) (collectively, as integrated into the CVD Agreement,
amended CVD Agreement).
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[[Page 939]]
On December 17, 2020, the American Sugar Coalition (ASC) and its
members (petitioners) \3\ filed a timely request for an administrative
review of the CVD Agreement.\4\ On February 4, 2021, Commerce initiated
an administrative review for the period January 1, 2020, through
December 31, 2020.\5\
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\3\ 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.
\4\ See Petitioners' Letter, ``Sugar from Mexico: Request for
Administrative Review,'' dated December 17, 2020.
\5\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 8166 (February 4, 2021).
---------------------------------------------------------------------------
On March 23, 2021, Commerce selected two companies as mandatory
respondents, listed in alphabetic order: Impulsora Del Tropico and
Ingenio Huixtla SA de C.V.\6\ In addition, the review covered the GOM,
which is the signatory to the CVD Agreement.
---------------------------------------------------------------------------
\6\ See Memorandum, ``2019-2020 Administrative Review of the
Agreement Suspending the Antidumping Duty Investigation on Sugar
from Mexico As Amended; Respondent Selection,'' dated March 23,
2021.
---------------------------------------------------------------------------
Scope of the CVD Agreement
The product covered by this CVD Agreement is raw and refined sugar
of all polarimeter readings derived from sugar cane or sugar beets.
Merchandise covered by this AD Agreement is typically imported under
the following headings of the HTSUS: 1701.12.1000, 1701.12.5000,
1701.13.1000, 1701.13.5000, 1701.14.1020, 1701.14.1040, 1701.14.5000,
1701.91.1000, 1701.91.3000, 1701.99.1015, 1701.99.1017, 1701.99.1025,
1701.99.1050, 1701.99.5015, 1701.99.5017, 1701.99.5025, 1701.99.5050,
and 1702.90.4000.\7\ The tariff classification is provided for
convenience and customs purposes; however, the written description of
the scope of this CVD Agreement is dispositive.\8\
---------------------------------------------------------------------------
\7\ Prior to July 1, 2016, merchandise covered by the AD
Agreement was classified in the HTSUS under subheading 1701.99.1010.
Prior to January 1, 2020, merchandise covered by the AD Agreement
was classified in the HTSUS under subheadings 1701.14.1000 and
1701.99.5010.
\8\ For a complete description of the Scope of the CVD
Agreement, see Memorandum, ``Issues and Decision Memorandum for the
Preliminary Results of the 2020 Administrative Review of the
Agreement Suspending the Countervailing Duty Investigation on Sugar
from Mexico, as Amended,'' dated concurrently with, and hereby
adopted by, 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.'' Pursuant to the CVD Agreement,
the GOM agrees that subject merchandise is subject to export limits.\9\
The GOM also agrees to other conditions including limits on exports of
Refined Sugar \10\ and restrictions on shipping patterns for
exports.\11\ The CVD Agreement also requires the GOM to issue contract-
specific export licenses,\12\ submit compliance monitoring reports to
Commerce,\13\ and institute penalties for non-compliance with certain
key terms of the CVD Agreement and the companion Agreement Suspending
the Antidumping Duty Investigation on Sugar from Mexico, as amended (AD
Agreement).\14\
---------------------------------------------------------------------------
\9\ See amended CVD Agreement at Section V.
\10\ ``Refined Sugar'' is defined in Section II.L of the amended
CVD Agreement.
\11\ Id. at Section V.C.
\12\ Id. at Section VI and Appendix I.
\13\ Id. at Section VIII.B.1 and Appendix II.
\14\ Id. at Section VIII.B.4; see also See Sugar from Mexico:
Suspension of Antidumping Investigation, 79 FR 78039 (December 29,
2014); and Sugar from Mexico: Amendment to the Agreement Suspending
the Antidumping Duty Investigation, 85 FR 3620 (January 22, 2020).
---------------------------------------------------------------------------
After reviewing the information received to date from the GOM and
respondent companies in their questionnaire and supplemental
questionnaire responses, we preliminarily determine that the GOM and
respondent companies have adhered to the terms of the CVD Agreement,
except for certain instances of inconsequential non-compliance by the
respondent companies, and that the CVD Agreement is functioning as
intended. Further, we preliminarily determine that the CVD Agreement
continues to meet the statutory requirements under sections 704(c) and
(d) of the Act. However, Commerce is exploring additional measures to
help prevent reporting and recordkeeping issues that may serve to
diminish the effective monitoring and enforcement of the CVD Agreement.
Commerce intends to address certain issues identified in this review by
discussing these issues with the GOM and Mexican producers/exporters,
as appropriate. We may request consultations pursuant to the CVD
Agreement, as necessary, to resolve these issues. For a full
description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum. The Preliminary 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. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx. Commerce is also
addressing proprietary issues concerning each of the respondents in
separate memoranda which we incorporate into the Preliminary Decision
Memorandum.\15\
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\15\ See Preliminary Decision Memorandum at 9, n. 78 and 12, n.
87.
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Verification
As provided in section 782(i)(3)(a) of the Act, Commerce verified
the information relied upon in making its preliminary results.
Normally, Commerce verifies information using standard procedures,
including an on-site examination of original accounting, financial, and
sales documentation. However, due to current travel restrictions in
response to the global COVID-19 pandemic, Commerce is unable to conduct
on-site verification in this review. Accordingly, we chose to verify
the information relied upon in making the preliminary results through
alternative means in lieu of an on-site verification. Commerce issued
questionnaires in lieu of on-site verification to the GOM and each of
the respondents in the review.\16\ Any issues that arose are addressed
in the Preliminary Decision Memorandum and in the accompanying
proprietary memorandum for each respondent.
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\16\ See Commerce's Letters, ``2020 Administrative Review of the
Agreement Suspending the Countervailing Duty Investigation on Sugar
from Mexico: In Lieu of On-Site Verification Questionnaire,'' dated
November 12, 2021.
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Public Comment
Case briefs are due 30 days from the publication of these
preliminary results in the Federal Register. Rebuttal briefs, limited
to issues raised in case briefs, may be submitted no later than seven
days after the deadline date for case briefs.
Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\17\ Pursuant to 19 CFR
[[Page 940]]
351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal
briefs in this investigation are encouraged to submit with each
argument: (1) A statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.\18\
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\17\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19, 85 FR 17006 (March 26, 2020); and Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID-19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
\18\ See 19 CFR 351.309(c)(2) and (d)(2).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
Commerce's electric records system, ACCESS. An electronically filed
request must be received successfully in its entirety by 5:00 p.m.
Eastern Time within 30 days after the date of publication of this
notice.\19\ 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. If a request for a hearing is made, Commerce
intends to hold the hearing at a time and date to be determined.\20\
Parties should confirm by telephone the date, time, and location of the
hearing two days before the scheduled date.
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\19\ See 19 CFR 351.310(c).
\20\ See 19 CFR 351.310(d).
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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, unless extended.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: December 30, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2022-00077 Filed 1-6-22; 8:45 am]
BILLING CODE 3510-DS-P
