Agreement Suspending the Countervailing Duty Investigation on Sugar From Mexico: Final Results of the 2021 Administrative Review, 43552-43553 [2023-14501]

Download as PDF 43552 Federal Register / Vol. 88, No. 130 / Monday, July 10, 2023 / Notices lotter on DSK11XQN23PROD with NOTICES1 written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the publication of this notice. Requests should contain (1) the party’s name, address, telephone number; (2) the number of participants and whether any participant is a foreign national; and (3) a list of the issues to be discussed. If a request for a hearing is made, Commerce will announce the date and time of the hearing. Unless the deadline is extended, Commerce intends to issue the final results of this review, including the results of its analysis of the issues raised in any written briefs, no later than 120 days after the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h). Assessment Rates Upon issuing the final results, Commerce will determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review.14 Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this review in the Federal Register. If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (i.e., within 90 days of publication). For each individually examined respondent in this review whose weighted-average dumping margin in the final results of review is not zero or de minimis (i.e., less than 0.5 percent), Commerce intends to calculate importer/customer-specific assessment rates.15 Where the respondent reported reliable entered values, Commerce intends to calculate importer/customerspecific ad valorem assessment rates by aggregating the amount of dumping calculated for all U.S. sales to the importer/customer and dividing this amount by the total entered value of the merchandise sold to the importer/ customer.16 Where the respondent did not report entered values, Commerce will calculate importer/customerspecific assessment rates by dividing the amount of dumping for reviewed sales 14 See 19 CFR 351.212(b)(1). Antidumping Proceedings: Calculation of the Weighted Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 8101 (February 14, 2012) (Final Modification). 16 See 19 CFR 351.212(b)(1). 15 See VerDate Sep<11>2014 17:45 Jul 07, 2023 Jkt 259001 to the importer/customer by the total quantity of those sales. Commerce will calculate an estimated ad valorem importer/customer-specific assessment rate to determine whether the per-unit assessment rate is de minimis; however, Commerce will use the per-unit assessment rate where entered values were not reported.17 Where an importer/ customer-specific ad valorem assessment rate is not zero or de minimis, Commerce will instruct CBP to collect the appropriate duties at the time of liquidation. Where either the respondent’s weighted average dumping margin is zero or de minimis, or an importer/customer-specific ad valorem assessment rate is zero or de minimis, Commerce will instruct CBP to liquidate appropriate entries without regard to antidumping duties.18 In accordance with section 751(a)(2)(C) of the Act, the final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of this review and for future deposits of estimated antidumping duties, where applicable. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this 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 subject merchandise exported by the company listed above that has a separate rate, the cash deposit rate will be equal to the weighted-average dumping margin established in the final results of this administrative review (except, if the rate is zero or de minimis, then zero cash deposit will be required); (2) for previously investigated or reviewed Chinese and non-Chinese exporters not listed above that received a separate rate in a prior segment of this proceeding, the cash deposit rate will continue to be the existing exporter-specific rate; (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 that for the Chinawide entity; and (4) for all non-Chinese exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the Chinese exporter that supplied that non-Chinese exporter. These deposit requirements, when PO 00000 17 Id. 18 See Final Modification, 77 FR at 8103. Frm 00009 Fmt 4703 Sfmt 4703 imposed, shall remain in effect until further notice. Notification to Importers This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of 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 occurred and the subsequent assessment of double antidumping duties. Notification to Interested Parties Commerce is issuing and publishing the preliminary results of this review in accordance with sections 751(a)(1)(B) and 777(i) of the Act, and 19 CFR 351.221(b)(4). Dated: May 30, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Review IV. Scope of the Order V. Discussions of the Methodology VI. Adjustment Under Section 777A(f) of the Act VII. Currency Conversion VIII. Recommendation [FR Doc. 2023–14621 Filed 7–7–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–201–846] Agreement Suspending the Countervailing Duty Investigation on Sugar From Mexico: Final Results of the 2021 Administrative Review Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) determines that the Government of Mexico (GOM) and the respondent companies selected for individual examination, Ingenio Tala S.A. de C.V. and its affiliates (collectively, GAM Group) and Ingenio Tamazula S.A. de C.V. (Tamazula) (collectively, respondents), were in compliance with the terms of the Agreement Suspending the AGENCY: E:\FR\FM\10JYN1.SGM 10JYN1 Federal Register / Vol. 88, No. 130 / Monday, July 10, 2023 / Notices Countervailing Duty Investigation on Sugar from Mexico, as amended (CVD Agreement), during the period of review (POR) from January 1, 2021, through December 31, 2021. Commerce also determines that the CVD Agreement met the statutory requirements during the POR. DATES: Applicable July 10, 2023. 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 January 4, 2023, Commerce published the Preliminary Results of this administrative review.1 Commerce conducted verification from May 9 to 12, 2023.2 On June 15, 2023, the American Sugar Coalition and its members (collectively, petitioners) filed a case brief,3 and the GOM filed a letter in lieu of a case brief.4 On June 22, 2023, respondents,5 petitioners,6 and the GOM 7 each filed letters in lieu of rebuttal briefs. lotter on DSK11XQN23PROD with NOTICES1 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 CVD 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, 1 See Agreement Suspending the Countervailing Duty Investigation on Sugar from Mexico; Preliminary Results of the 2021 Administrative Review, 88 FR 341 (January 4, 2023) (Preliminary Results). 2 See Memorandum, ‘‘Verification of the Responses of Ingenio Tala S.A. de C.V. and its Affiliates in the Administrative Review of Sugar from Mexico,’’ dated June 5, 2023; Memorandum, ‘‘Verification of the Responses of Ingenio Tamazula S.A. de C.V. and its Affiliates in the Administrative Review of Sugar from Mexico,’’ dated June 5, 2023; and Memorandum, ‘‘Verification of the Responses of the Government of Mexico in the Administrative Review of Sugar from Mexico,’’ dated June 7, 2023. 3 See Petitioners’ Letter, ‘‘Case Brief on Behalf of the American Sugar Coalition,’’ dated June 15, 2023. 4 See GOM’s Letter, ‘‘Letter in Lieu of Case Brief,’’ dated June 15, 2023. 5 See Respondents’ Letter, ‘‘Letter in Lieu of Rebuttal Brief,’’ dated June 22, 2023. 6 See Petitioners’ Letter, ‘‘Letter in Lieu of Rebuttal Brief,’’ dated June 22, 2023. 7 See GOM’s Letter, ‘‘Letter in Lieu of Rebuttal Brief,’’ dated June 22, 2023. VerDate Sep<11>2014 17:45 Jul 07, 2023 Jkt 259001 1701.99.1025, 1701.99.1050, 1701.99.5015, 1701.99.5017, 1701.99.5025, 1701.99.5050, and 1702.90.4000.8 The tariff classification is provided for convenience and customs purposes; however, the written description of the scope of this CVD Agreement is dispositive. A full description of the scope of the CVD Agreement is contained in the Issues and Decision Memorandum.9 Analysis Commerce continues to determine that the CVD Agreement met the statutory requirements under sections 704(c) and (d) of the Act, during the POR. We also continue to find, based on record evidence, that the GOM and respondents, the GAM Group and Tamazula, were in compliance with the terms of the CVD Agreement during the POR. However, we intend to consult with the GOM under Section VIII.D.4 of the CVD Agreement (‘‘Operations Consultations’’) to discuss issues raised in this review. Such consultations are necessary to ensure adherence to the statutory requirements of the CVD Agreement and that any potential administrative challenges to effective monitoring are diminished. The issues raised in the case and rebuttal briefs are addressed in the accompanying Issues and Decision Memorandum.10 The issues are 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 https://access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/ public/FRNoticesListLayout.aspx. Notification Regarding Administrative Protective Order This notice also serves as a final reminder to parties subject to administrative protective order (APO) of their responsibility concerning the 8 Prior to July 1, 2016, merchandise covered by the CVD Agreement was classified in the HTSUS under subheading 1701.99.1010. Prior to January 1, 2020, merchandise covered by the CVD Agreement was classified in the HTSUS under subheadings 1701.14.1000 and 1701.99.5010. 9 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the 2021 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 (Issues and Decision Memorandum). 10 Id. PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 43553 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: July 3, 2023. Lisa W. Wang, 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 Agreement IV. Discussion of the Issues Comment 1: Presentation of Export Licenses at the Time of Entry Comment 2: Informal Swap Transactions and the Potential for Circumvention V. Recommendation [FR Doc. 2023–14501 Filed 7–7–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XD132] Pacific Fishery Management Council; Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public meeting. AGENCY: The Pacific Fishery Management Council’s (Pacific Council) Ad Hoc Marine Planning Committee (MPC) will hold an online public meeting. DATES: The online meeting will be held Thursday, July 27, 2023, from 1 p.m. to 4:30 p.m. Pacific Daylight Time or until business for the day has been completed. ADDRESSES: This meeting will be held online. Specific meeting information, including a proposed agenda and directions on how to attend the meeting and system requirements, will be provided in the meeting announcement on the Pacific Council’s website (see SUMMARY: E:\FR\FM\10JYN1.SGM 10JYN1

Agencies

[Federal Register Volume 88, Number 130 (Monday, July 10, 2023)]
[Notices]
[Pages 43552-43553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14501]


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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 2021 Administrative Review

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that the 
Government of Mexico (GOM) and the respondent companies selected for 
individual examination, Ingenio Tala S.A. de C.V. and its affiliates 
(collectively, GAM Group) and Ingenio Tamazula S.A. de C.V. (Tamazula) 
(collectively, respondents), were in compliance with the terms of the 
Agreement Suspending the

[[Page 43553]]

Countervailing Duty Investigation on Sugar from Mexico, as amended (CVD 
Agreement), during the period of review (POR) from January 1, 2021, 
through December 31, 2021. Commerce also determines that the CVD 
Agreement met the statutory requirements during the POR.

DATES: Applicable July 10, 2023.

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 January 4, 2023, Commerce published the Preliminary Results of 
this administrative review.\1\ Commerce conducted verification from May 
9 to 12, 2023.\2\
---------------------------------------------------------------------------

    \1\ See Agreement Suspending the Countervailing Duty 
Investigation on Sugar from Mexico; Preliminary Results of the 2021 
Administrative Review, 88 FR 341 (January 4, 2023) (Preliminary 
Results).
    \2\ See Memorandum, ``Verification of the Responses of Ingenio 
Tala S.A. de C.V. and its Affiliates in the Administrative Review of 
Sugar from Mexico,'' dated June 5, 2023; Memorandum, ``Verification 
of the Responses of Ingenio Tamazula S.A. de C.V. and its Affiliates 
in the Administrative Review of Sugar from Mexico,'' dated June 5, 
2023; and Memorandum, ``Verification of the Responses of the 
Government of Mexico in the Administrative Review of Sugar from 
Mexico,'' dated June 7, 2023.
---------------------------------------------------------------------------

    On June 15, 2023, the American Sugar Coalition and its members 
(collectively, petitioners) filed a case brief,\3\ and the GOM filed a 
letter in lieu of a case brief.\4\ On June 22, 2023, respondents,\5\ 
petitioners,\6\ and the GOM \7\ each filed letters in lieu of rebuttal 
briefs.
---------------------------------------------------------------------------

    \3\ See Petitioners' Letter, ``Case Brief on Behalf of the 
American Sugar Coalition,'' dated June 15, 2023.
    \4\ See GOM's Letter, ``Letter in Lieu of Case Brief,'' dated 
June 15, 2023.
    \5\ See Respondents' Letter, ``Letter in Lieu of Rebuttal 
Brief,'' dated June 22, 2023.
    \6\ See Petitioners' Letter, ``Letter in Lieu of Rebuttal 
Brief,'' dated June 22, 2023.
    \7\ See GOM's Letter, ``Letter in Lieu of Rebuttal Brief,'' 
dated June 22, 2023.
---------------------------------------------------------------------------

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 CVD 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.\8\ The tariff classification is provided for 
convenience and customs purposes; however, the written description of 
the scope of this CVD Agreement is dispositive.
---------------------------------------------------------------------------

    \8\ Prior to July 1, 2016, merchandise covered by the CVD 
Agreement was classified in the HTSUS under subheading 1701.99.1010. 
Prior to January 1, 2020, merchandise covered by the CVD Agreement 
was classified in the HTSUS under subheadings 1701.14.1000 and 
1701.99.5010.
---------------------------------------------------------------------------

    A full description of the scope of the CVD Agreement is contained 
in the Issues and Decision Memorandum.\9\
---------------------------------------------------------------------------

    \9\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2021 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 (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Analysis

    Commerce continues to determine that the CVD Agreement met the 
statutory requirements under sections 704(c) and (d) of the Act, during 
the POR. We also continue to find, based on record evidence, that the 
GOM and respondents, the GAM Group and Tamazula, were in compliance 
with the terms of the CVD Agreement during the POR. However, we intend 
to consult with the GOM under Section VIII.D.4 of the CVD Agreement 
(``Operations Consultations'') to discuss issues raised in this review. 
Such consultations are necessary to ensure adherence to the statutory 
requirements of the CVD Agreement and that any potential administrative 
challenges to effective monitoring are diminished.
    The issues raised in the case and rebuttal briefs are addressed in 
the accompanying Issues and Decision Memorandum.\10\ The issues are 
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 https://access.trade.gov. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------

    \10\ Id.
---------------------------------------------------------------------------

Notification Regarding Administrative Protective Order

    This notice also serves as a final 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: July 3, 2023.
Lisa W. Wang,
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 Agreement
IV. Discussion of the Issues
    Comment 1: Presentation of Export Licenses at the Time of Entry
    Comment 2: Informal Swap Transactions and the Potential for 
Circumvention
V. Recommendation

[FR Doc. 2023-14501 Filed 7-7-23; 8:45 am]
BILLING CODE 3510-DS-P

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