Agreement Suspending the Antidumping Duty Investigation on Sugar From Mexico: Final Results of the 2020-2021 Administrative Review, 43546-43548 [2023-14503]

Download as PDF lotter on DSK11XQN23PROD with NOTICES1 43546 Federal Register / Vol. 88, No. 130 / Monday, July 10, 2023 / Notices on Civil Rights (Commission) and the Federal Advisory Committee Act that the Washington Advisory Committee (Committee) will hold a virtual business meeting via ZoomGov on Tuesday, July 18, 2023, from 2:00 p.m.–3:00 p.m. Pacific, for the purpose of debriefing their panels on physical accessibility in Washington. DATES: The meeting will take place on: • Tuesday, July 18, 2023, from 2:00 p.m.–3:00 p.m. PT Zoom Link to Join (Audio/Visual): https://www.zoomgov.com/meeting/ register/vJIsf-6opj0iHUnQ1Ne Pds4S9XaNsnQm8uM FOR FURTHER INFORMATION CONTACT: Brooke Peery, DFO, at bpeery@usccr.gov or (202) 701–1376. SUPPLEMENTARY INFORMATION: Committee meetings are available to the public through the videoconference link above. Any interested member of the public may listen to the meeting. An open comment period will be provided to allow members of the public to make a statement as time allows. Per the Federal Advisory Committee Act, public minutes of the meeting will include a list of persons who are present at the meeting. If joining via phone, callers can expect to incur regular charges for calls they initiate over wireless lines, according to their wireless plan. The Commission will not refund any incurred charges. Closed captioning will be available for individuals who are deaf, hard of hearing, or who have certain cognitive or learning impairments. To request additional accommodations, please email bpeery@ usccr.gov at least 10 business days prior to the meeting. Members of the public are also entitled to submit written comments; the comments must be received in the Regional Programs Unit within 30 days following the meeting. Written comments may be emailed to Brooke Peery at bpeery@usccr.gov. Persons who desire additional information may contact the Regional Programs Unit Office/Advisory Committee Management Unit at (202) 701–1376. Records generated from this meeting may be inspected and reproduced at the Regional Programs Unit Office, as they become available, both before and after the meeting. Records of the meeting will be available at: https:// www.facadatabase.gov/FACA/ FACAPublicViewCommitteeDetails?id= a10t0000001gzkZAAQ. Please click on the ‘‘Meeting Details’’ and ‘‘Documents’’ links. Persons interested in the work of this Committee are also directed to the Commission’s website, https://www.usccr.gov, or you VerDate Sep<11>2014 17:45 Jul 07, 2023 Jkt 259001 may contact the Regional Programs Unit office at the above email address. Agenda [FR Doc. 2023–14449 Filed 7–7–23; 8:45 am] I. Welcome & Roll Call II. Approval of Minutes III. Committee Discussion IV. Public Comment V. Adjournment BILLING CODE P DEPARTMENT OF COMMERCE Dated: July 3, 2023. David Mussatt, Supervisory Chief, Regional Programs Unit. [FR Doc. 2023–14450 Filed 7–7–23; 8:45 am] BILLING CODE 6335–01–P COMMISSION ON CIVIL RIGHTS Notice of Public Meeting of the U.S. Virgin Islands Advisory Committee to the U.S. Commission on Civil Rights; Correction Commission on Civil Rights. ACTION: Notice; correction to meeting information. AGENCY: The Commission on Civil Rights published a notice in the Federal Register on Friday, June 16, 2023, concerning a meeting of the U.S. Virgin Islands Advisory Committee. The meeting information has changed since to accommodate the availability of the two invited experts who will assist with the Committee’s review. The meeting will now take place on Tuesday, July 18, 2023, from 11:00 a.m. to 1:00 p.m. Atlantic Time. The purpose of the meeting is to hear testimony on the political status and civil rights implications in the U.S. Virgin Islands. FOR FURTHER INFORMATION CONTACT: David Barreras, Designated Federal Officer, at dbarreras@usccr.gov or 1– 202–656–8937. SUPPLEMENTARY INFORMATION: Correction: In the Federal Register on Friday, June 16, 2023, in FR Document 2023–12879, from the second column of page 39397 to the first column of page 39398, correct the meeting information to the following: DATES: Tuesday, July 18, 2023, from 11:00 a.m. to 1:00 p.m. Atlantic Time. Meeting Link (Audio/Visual): https:// www.zoomgov.com/j/1611555258 Join by Phone (Audio Only): 1–833– 435–1820 USA Toll-Free; Meeting ID: 161 155 5258# Exceptional Circumstance: Pursuant to 41 CFR 102–3.150, the notice for this meeting is given fewer than 15 calendar days prior to the meeting because of the exceptional circumstances of the speaking availability of the panelists. SUMMARY: PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 Dated: July 3, 2023. David Mussatt, Supervisory Chief, Regional Programs Unit. Foreign-Trade Zones Board [B–20–2023] Foreign-Trade Zone (FTZ) 155; Authorization of Production Activity; Caterpillar Inc.; (Construction and Earth Moving Machines); Victoria, Texas On March 6, 2023, Caterpillar Inc. submitted a notification of proposed production activity to the FTZ Board for its facility within FTZ 155 in Victoria, Texas. The notification was processed in accordance with the regulations of the FTZ Board (15 CFR part 400), including notice in the Federal Register inviting public comment (88 FR 15641, March 14, 2023). On July 5, 2023, the applicant was notified of the FTZ Board’s decision that no further review of the activity is warranted at this time. The production activity described in the notification was authorized, subject to the FTZ Act and the FTZ Board’s regulations, including section 400.14. Dated: July 5, 2023. Camille R. Evans, Acting Executive Secretary. [FR Doc. 2023–14495 Filed 7–7–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–201–845] Agreement Suspending the Antidumping Duty Investigation on Sugar From Mexico: Final Results of the 2020–2021 Administrative Review Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) determines that the Agreement Suspending the Antidumping Duty Investigation on Sugar from Mexico, as amended (AD Agreement) met the statutory requirements during the period of review (POR) from December 1, 2020, through November 30, 2021. Commerce also determines that the respondents selected for individual examination, Ingenio Tala S.A. de C.V. and its AGENCY: E:\FR\FM\10JYN1.SGM 10JYN1 Federal Register / Vol. 88, No. 130 / Monday, July 10, 2023 / Notices affiliates (collectively, GAM Group) and Ingenio Tamazula S.A. de C.V. and its affiliates (Tamazula) (collectively, respondents) were in compliance with the terms of the AD Agreement during the POR. However, we determine that the respondents did not comply with the requirement to eliminate at least 85 percent of the dumping found in the investigation during the POR. Furthermore, we consider the respondents’ noncompliant behavior to be serious and in need of remediation, and we will implement certain steps to address their noncompliance. DATES: Applicable July 10, 2023. FOR FURTHER INFORMATION CONTACT: Sally C. Gannon or Jill Buckles, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0162 or (202) 482–6230, respectively. SUPPLEMENTARY INFORMATION: lotter on DSK11XQN23PROD with NOTICES1 Background On January 4, 2023, Commerce published the preliminary results of this administrative review.1 Subsequent to the Preliminary Results, Tamazula submitted its response to Commerce’s third supplemental questionnaire on January 11, 2023.2 On January 18, 2023, the GAM Group submitted its third supplemental questionnaire response.3 On March 29, 2023, Commerce issued post-preliminary results.4 Commerce conducted verification from May 8 through 11, 2023.5 On June 13, 2023, respondents and Ca´mara Nacional de Las Industrias Azucarera y Alcoholera (Ca´mara) filed a case brief,6 and the American Sugar Coalition and its members (petitioners) 7 1 See Agreement Suspending the Antidumping Duty Investigation on Sugar from Mexico; Preliminary Results of the 2020–2021 Administrative Review, 88 FR 339 (January 4, 2023) (Preliminary Results). 2 See Tamazula’s Letter, ‘‘Third Supplemental Questionnaire Response,’’ dated January 11, 2023. 3 See GAM Group’s Letter, ‘‘Third Supplemental Questionnaire Response,’’ dated January 18, 2023. 4 See Memorandum, ‘‘Decision Memorandum for the Post-Preliminary Results of the 2020–2021 Administrative Review: Sugar from Mexico,’’ dated March 29, 2023 (Post-Preliminary Results). 5 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 May 31, 2023; see also 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 May 31, 2023. 6 See Respondents’ Letter, ‘‘Case Brief,’’ dated June 13, 2023. 7 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 VerDate Sep<11>2014 17:45 Jul 07, 2023 Jkt 259001 filed a case brief.8 On June 20, 2023, petitioners filed a rebuttal brief,9 and respondents filed a letter in lieu of rebuttal brief.10 Scope of the AD Agreement The product covered by this AD 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 1702.90.4000.11 The tariff classification is provided for convenience and customs purposes; however, the written description of the scope of this AD Agreement is dispositive. A full description of the scope of the AD Agreement is contained in the Issues and Decision Memorandum.12 Analysis Commerce continues to find, based on record evidence, that respondents, the GAM Group and Tamazula, were generally in compliance with the terms of the AD Agreement during the POR. However, we continue to find that respondents did not comply with the requirement to eliminate at least 85 percent of the dumping during the POR. We also determine that the AD Agreement met the statutory requirements under sections 734(c) and (d) of the Tariff Act of 1930, as amended (the Act), during the POR. We intend to address what we have found to be serious noncompliance by respondents with an ‘‘action plan’’ first League; Rio Grande Valley Sugar Growers, Inc.; Sugar Cane Growers Cooperative of Florida; and the United States Beet Sugar Association. 8 See Petitioners’ Letter, ‘‘Case Brief on Behalf of the American Sugar Coalition,’’ dated June 13, 2023. 9 See Petitioners’ Letter, ‘‘Rebuttal Brief on Behalf of the American Sugar Coalition,’’ dated June 20, 2023. 10 See Respondents’ Letter, ‘‘Letter in Lieu of Rebuttal Brief,’’ dated June 20, 2023. 11 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. 12 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the 2020– 2021 Administrative Review of the Agreement Suspending the Antidumping Duty Investigation on Sugar from Mexico, as Amended,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 43547 outlined in the Post-Preliminary Results, with the exception of verification of the respondents’ questionnaire responses which has been completed. Commerce’s next steps will include: formal consultations with the Signatories to the AD Agreement under Section VII.E.2 (Operations Consultations); additional monitoring of the respondents; and consideration of the selection of the respondents in a future administrative review. These measures are necessary to ensure compliance with the AD 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 and business proprietary memoranda.13 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. Administrative Protective Order This notice also serves as a reminder to parties subject to an 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). 13 Id.; see also Memorandum, ‘‘Proprietary Analysis Memorandum for the Final Results: Ingenio Tala S.A. de C.V. and its affiliates,’’ dated concurrently with, and hereby adopted by, this notice; and Memorandum, ‘‘Proprietary Analysis Memorandum for the Final Results: Ingenio Tamazula S.A. de C.V. and its affiliates,’’ dated concurrently with, and hereby adopted by, this notice. E:\FR\FM\10JYN1.SGM 10JYN1 43548 Federal Register / Vol. 88, No. 130 / Monday, July 10, 2023 / Notices Dated: July 3, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Background 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: Whether Commerce Should Use Average-to-Average Methodology for Analysis of Elimination of 85 Percent of Dumping Comment 2: Whether Commerce Should Apply the Sales-Below-Cost Test Comment 3: Whether Commerce Should Use Market-Based Costs for Sugar Cane Comment 4: Whether Commerce Should Use Third-Country Sales as the Basis for Normal Value for the GAM Group Comment 5: Whether the GAM Group’s Noncompliance Was Unintentional Comment 6: Whether Swap Transactions Present Monitoring and Record-Keeping Challenges Comment 7: Whether Commerce Incorrectly Applied the Knowledge Test to Certain of the GAM Group’s U.S. Sales V. Recommendation [FR Doc. 2023–14503 Filed 7–7–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–017] Certain Passenger Vehicles and Light Truck Tires From the People’s Republic of China: Final Results of Countervailing Duty Administrative Review and Rescission, in Part; 2021 Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: The U.S. Department of Commerce (Commerce) determines that countervailable subsides are being provided to producers and exporters of certain passenger vehicle and light truck tires (PVLT tires) from the People’s Republic of China (China) during the period of review (POR) of January 1, 2021, through December 31, 2021. SUMMARY: DATES: Applicable July 10, 2023. lotter on DSK11XQN23PROD with NOTICES1 FOR FURTHER INFORMATION CONTACT: Richard Roberts, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3464. SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 17:45 Jul 07, 2023 Jkt 259001 On May 1, 2023, Commerce published the Preliminary Results of this administrative review in the Federal Register and invited interested parties to comment.1 We received no comments from interested parties on the Preliminary Results, and we have otherwise made no changes from the Preliminary Results. Accordingly, no decision memorandum accompanies this Federal Register notice; the Preliminary Results and accompanying PDM are hereby adopted in these final results. Commerce conducted this administrative review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). According to the CBP import data, except for the two mandatory respondents, the remaining four companies subject to this review did not have reviewable entries of subject merchandise.6 There is no evidence on the record of this segment of the proceeding to indicate that these companies had entries, exports, or sales of subject merchandise to the United States during the POR. Further, in response to the Preliminary Results, no party submitted information to contradict the information on the record. Therefore, in accordance with 19 CFR 351.213(d)(3), we are rescinding the administrative review with respect to these four companies. Final Results of Review Scope of the Order 2 The product covered by the Order is PVLT tires from China. For a complete description of the scope of the Order, see the appendix to this notice. For the period January 1, 2021, through December 31, 2021, we determine that the following net countervailable subsidy rates exist: Rescission of Administrative Review, in Part It is Commerce’s practice to rescind an administrative review of a countervailing duty order, pursuant to 19 CFR 351.213(d)(3), when there are no reviewable entries of subject merchandise during the POR for which liquidation is suspended.3 Normally, upon completion of an administrative review, the suspended entries are liquidated at the countervailing duty assessment rate calculated for the review period.4 Therefore, for an administrative review of a company to be conducted, there must be a reviewable, suspended entry that Commerce can instruct U.S. Customs and Border Protection (CBP) to liquidate at the countervailing duty assessment rate calculated for the review period.5 1 See Certain Passenger Vehicle and Light Truck Tires from the People’s Republic of China: Preliminary Results of Countervailing Duty Administrative Review, Rescission of Administrative Review in Part; and Intent To Rescind in Part; 2021, 88 FR 29095 (May 5, 2023) (Preliminary Results), and accompanying Preliminary Decision Memorandum (PDM). 2 See Certain Passenger Vehicle and Light Truck Tires from the People’s Republic of China: Amended Final Affirmative Antidumping Duty Determination and Antidumping Duty Order; and Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order, 80 FR 47902 (August 10, 2015) (Order). 3 See, e.g., Lightweight Thermal Paper from the People’s Republic of China: Notice of Rescission of Countervailing Duty Administrative Review; 2015, 82 FR 14349 (March 20, 2017); and Circular Welded Carbon Quality Steel Pipe from the People’s Republic of China: Rescission of Countervailing Duty Administrative Review; 2017, 84 FR 14650 (April 11, 2019). 4 See 19 CFR 351.212(b)(2). 5 See 19 CFR 351.213(d)(3). PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 Company Shandong Province Sanli Tire Manufactured Co., Ltd ........ Zhongce Rubber Group Co., Ltd ....................................... Subsidy rate (percent ad valorem) 125.50 125.50 Disclosure Normally, Commerce discloses to interested parties the calculations of the final results of an administrative review within five days of a public announcement or, if there is no public announcement, within five days of the date of publication of the notice of final results in the Federal Register, in accordance with 19 CFR 351.224(b). However, because we have made no changes from the Preliminary Results, there are no calculations to disclose. Cash Deposit Instructions Pursuant to section 751(a)(2)(C) of the Act, Commerce intends to instruct CBP to collect cash deposits of estimated countervailing duties in the amounts shown for the companies listed above for shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this administrative review. These cash deposit instructions, when imposed, shall remain in effect until further notice. 6 Companies with no reviewable entries are Qingdao Fullrun Tyre Corp., Ltd., Shandong Changfeng Tyres Co., Ltd., Shandong Duratti Rubber Corporation Co., Ltd. and Shandong Transtone Tyre Co., Ltd. E:\FR\FM\10JYN1.SGM 10JYN1

Agencies

[Federal Register Volume 88, Number 130 (Monday, July 10, 2023)]
[Notices]
[Pages 43546-43548]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14503]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-845]


Agreement Suspending the Antidumping Duty Investigation on Sugar 
From Mexico: Final Results of the 2020-2021 Administrative Review

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that the 
Agreement Suspending the Antidumping Duty Investigation on Sugar from 
Mexico, as amended (AD Agreement) met the statutory requirements during 
the period of review (POR) from December 1, 2020, through November 30, 
2021. Commerce also determines that the respondents selected for 
individual examination, Ingenio Tala S.A. de C.V. and its

[[Page 43547]]

affiliates (collectively, GAM Group) and Ingenio Tamazula S.A. de C.V. 
and its affiliates (Tamazula) (collectively, respondents) were in 
compliance with the terms of the AD Agreement during the POR. However, 
we determine that the respondents did not comply with the requirement 
to eliminate at least 85 percent of the dumping found in the 
investigation during the POR. Furthermore, we consider the respondents' 
noncompliant behavior to be serious and in need of remediation, and we 
will implement certain steps to address their noncompliance.

DATES: Applicable July 10, 2023.

FOR FURTHER INFORMATION CONTACT: Sally C. Gannon or Jill Buckles, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-0162 or (202) 482-6230, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On January 4, 2023, Commerce published the preliminary results of 
this administrative review.\1\ Subsequent to the Preliminary Results, 
Tamazula submitted its response to Commerce's third supplemental 
questionnaire on January 11, 2023.\2\ On January 18, 2023, the GAM 
Group submitted its third supplemental questionnaire response.\3\ On 
March 29, 2023, Commerce issued post-preliminary results.\4\ Commerce 
conducted verification from May 8 through 11, 2023.\5\
---------------------------------------------------------------------------

    \1\ See Agreement Suspending the Antidumping Duty Investigation 
on Sugar from Mexico; Preliminary Results of the 2020-2021 
Administrative Review, 88 FR 339 (January 4, 2023) (Preliminary 
Results).
    \2\ See Tamazula's Letter, ``Third Supplemental Questionnaire 
Response,'' dated January 11, 2023.
    \3\ See GAM Group's Letter, ``Third Supplemental Questionnaire 
Response,'' dated January 18, 2023.
    \4\ See Memorandum, ``Decision Memorandum for the Post-
Preliminary Results of the 2020-2021 Administrative Review: Sugar 
from Mexico,'' dated March 29, 2023 (Post-Preliminary Results).
    \5\ 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 May 31, 2023; see also 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 May 31, 2023.
---------------------------------------------------------------------------

    On June 13, 2023, respondents and C[aacute]mara Nacional de Las 
Industrias Azucarera y Alcoholera (C[aacute]mara) filed a case 
brief,\6\ and the American Sugar Coalition and its members 
(petitioners) \7\ filed a case brief.\8\ On June 20, 2023, petitioners 
filed a rebuttal brief,\9\ and respondents filed a letter in lieu of 
rebuttal brief.\10\
---------------------------------------------------------------------------

    \6\ See Respondents' Letter, ``Case Brief,'' dated June 13, 
2023.
    \7\ 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.
    \8\ See Petitioners' Letter, ``Case Brief on Behalf of the 
American Sugar Coalition,'' dated June 13, 2023.
    \9\ See Petitioners' Letter, ``Rebuttal Brief on Behalf of the 
American Sugar Coalition,'' dated June 20, 2023.
    \10\ See Respondents' Letter, ``Letter in Lieu of Rebuttal 
Brief,'' dated June 20, 2023.
---------------------------------------------------------------------------

Scope of the AD Agreement

    The product covered by this AD 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.\11\ The tariff classification is provided for 
convenience and customs purposes; however, the written description of 
the scope of this AD Agreement is dispositive.
---------------------------------------------------------------------------

    \11\ 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.
---------------------------------------------------------------------------

    A full description of the scope of the AD Agreement is contained in 
the Issues and Decision Memorandum.\12\
---------------------------------------------------------------------------

    \12\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2020-2021 Administrative Review of the 
Agreement Suspending the Antidumping 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 find, based on record evidence, that 
respondents, the GAM Group and Tamazula, were generally in compliance 
with the terms of the AD Agreement during the POR. However, we continue 
to find that respondents did not comply with the requirement to 
eliminate at least 85 percent of the dumping during the POR. We also 
determine that the AD Agreement met the statutory requirements under 
sections 734(c) and (d) of the Tariff Act of 1930, as amended (the 
Act), during the POR.
    We intend to address what we have found to be serious noncompliance 
by respondents with an ``action plan'' first outlined in the Post-
Preliminary Results, with the exception of verification of the 
respondents' questionnaire responses which has been completed. 
Commerce's next steps will include: formal consultations with the 
Signatories to the AD Agreement under Section VII.E.2 (Operations 
Consultations); additional monitoring of the respondents; and 
consideration of the selection of the respondents in a future 
administrative review. These measures are necessary to ensure 
compliance with the AD 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 and business 
proprietary memoranda.\13\ 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.
---------------------------------------------------------------------------

    \13\ Id.; see also Memorandum, ``Proprietary Analysis Memorandum 
for the Final Results: Ingenio Tala S.A. de C.V. and its 
affiliates,'' dated concurrently with, and hereby adopted by, this 
notice; and Memorandum, ``Proprietary Analysis Memorandum for the 
Final Results: Ingenio Tamazula S.A. de C.V. and its affiliates,'' 
dated concurrently with, and hereby adopted by, this notice.
---------------------------------------------------------------------------

Administrative Protective Order

    This notice also serves as a reminder to parties subject to an 
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).


[[Page 43548]]


    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: Whether Commerce Should Use Average-to-Average 
Methodology for Analysis of Elimination of 85 Percent of Dumping
    Comment 2: Whether Commerce Should Apply the Sales-Below-Cost 
Test
    Comment 3: Whether Commerce Should Use Market-Based Costs for 
Sugar Cane
    Comment 4: Whether Commerce Should Use Third-Country Sales as 
the Basis for Normal Value for the GAM Group
    Comment 5: Whether the GAM Group's Noncompliance Was 
Unintentional
    Comment 6: Whether Swap Transactions Present Monitoring and 
Record-Keeping Challenges
    Comment 7: Whether Commerce Incorrectly Applied the Knowledge 
Test to Certain of the GAM Group's U.S. Sales
V. Recommendation

[FR Doc. 2023-14503 Filed 7-7-23; 8:45 am]
BILLING CODE 3510-DS-P
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