65344 Federal Register / Vol. 83, No. 244 / Thursday, December 20, 2018 / Notices 

12See Memorandum to Gary Taverman, Deputy 

Assistant Secretary for Antidumping and 

Countervailing Duty Operations, performing the 

non-exclusive functions and duties of the Assistant 

Secretary for Enforcement and Compliance, from P. 

Lee Smith, Deputy Assistant Secretary for Policy 

and Negotiations, ‘‘Memorandum with Respect to 

Sales Observations reported by Grupo Zucarmex’’ 

(Zucarmex Memorandum) dated December 14, 

2018. 

13See 19 CFR 351.309(c)(2) and (d)(2). 

1See Crystalline Silicon Photovoltaic Cells, 

Whether or Not Assembled into Modules, from the 

People’s Republic of China: Amended Final 

Determination of Sales at Less Than Fair Value, 

and Antidumping Duty Order, 77 FR 73018 

(December 7, 2012) (AD Order) and Crystalline 

Silicon Photovoltaic Cells, Whether or Not 

Assembled into Modules, from the People’s 

Republic of China: Countervailing Duty Order, 77 

FR 73017 (December 7, 2012) (CVD Order) 

(collectively, Orders). 

2See Goal Zero’s Letter, ‘‘Goal Zero LLC’s 

Request for a Changed Circumstances Review,’’ 

(Goal Zero’s Request) dated April 17, 2018. 

3See Crystalline Silicon Photovoltaic Cells, 

Whether or Not Assembled Into Modules, from the 

People’s Republic of China: Notice of Initiation of 

Changed Circumstances Reviews, and 

Consideration of Revocation of the Antidumping 

and Countervailing Duty Orders in Part, 83 FR 

34542 (July 20, 2018) (Initiation Notice). 

4See Crystalline Silicon Photovoltaic Cells, 

Whether or Not Assembled Into Modules, From the 

People’s Republic of China: Preliminary Results of 

Changed Circumstances Reviews, and 

Consideration of Revocation of the Antidumping 

and Countervailing Duty Orders, in Part, 83 FR 

42112, dated August 20, 2018. 

5The petitioner is SolarWorld Americas, Inc. 

6See Crystalline Silicon Photovoltaic Cells, 

Whether or Not Assembled Into Modules, From the 

People’s Republic of China; Goal Zero LLC’s 

Comments on the Preliminary Results of the 

Changed Circumstances Review, dated September 

4, 2018; see also SolarWorld’s submission: 

‘‘Crystalline Silicon Photovoltaic Cells, Whether or 

Not Assembled into Modules, from the People’s 

Republic of China: Comments on Preliminary 

Results of the Goal Zero LLC Changed 

Circumstances Reviews,’’ dated September 4, 2018. 

which involves discussion of business 

proprietary information, in a separate 

memorandum.12

Public Comment 

Pursuant to 19 CFR 351.309(c)(1)(ii), 

interested parties may submit case briefs 

not later than 30 days after the date of 

publication of this notice. Rebuttal 

briefs, limited to issues raised in the 

case briefs, may be filed not later than 

five days after the date for filing case 

briefs in accordance with 19 CFR 

351.309(d)(1). Parties who submit case 

briefs or rebuttal briefs in this 

proceeding are encouraged to provide: 

(1) A statement of the issue; (2) a brief 

summary of the argument; and (3) a 

table of authorities.13

Pursuant to 19 CFR 351.310(c), 

interested parties who wish to request a 

hearing, or to participate if one is 

requested, must submit a written 

request filed electronically via ACCESS. 

An electronically filed document must 

be received successfully in its entirety 

by Commerce’s electronic records 

system ACCESS, by 5:00 p.m. Eastern 

Standard Time within 30 days after the 

date of publication of this notice. 

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. Issues 

raised in the hearing will be limited to 

those raised in the respective case 

briefs. 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. 

We are issuing and publishing these 

results in accordance with sections 

751(a)(1) and 777(i)(1) of the Act. 

Dated: December 14, 2018. 

Gary Taverman, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations, 

performing the non-exclusive functions and 

duties of the Assistant Secretary for 

Enforcement and Compliance. 

[FR Doc. 2018–27535 Filed 12–19–18; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–979, C–570–980] 

Crystalline Silicon Photovoltaic Cells, 

Whether or Not Assembled Into 

Modules, From the People’s Republic 

of China: Final Results of Changed 

Circumstances Reviews, and 

Revocation of the Antidumping and 

Countervailing Duty Orders, in Part 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) is revoking, in part, the 

antidumping duty (AD) and 

countervailing duty (CVD) orders on 

crystalline silicon photovoltaic cells, 

whether or not assembled into modules, 

from the People’s Republic of China 

(China) (Orders) with respect to certain 

off-grid solar panels based on a lack of 

interest in the relief provided by the 

Orders with respect to those products. 

DATES: Applicable December 20, 2018. 

FOR FURTHER INFORMATION CONTACT: Eli 

Lovely, AD/CVD Operations, Office IV, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–1593. 

SUPPLEMENTARY INFORMATION

Background 

On December 7, 2012, Commerce 

published AD and CVD orders on 

certain crystalline silicon photovoltaic 

cells, whether or not assembled into 

modules, from China.1 On April 17, 

2018, Goal Zero, LLC (Goal Zero), an 

importer of the subject merchandise, 

requested changed circumstances 

reviews (CCRs) and revocation, in part, 

of the Orders, pursuant to section 

751(b)(1) of the Tariff Act of 1930, as 

amended (the Act) and 19 CFR 

351.216(b), with respect to certain offgrid solar panels.2

On July 20, 2018, Commerce 

published the Initiation Notice for the 

requested CCRs in the Federal 

Register.3 On August 20, 2018, 

Commerce published the preliminary 

results of these CCRs, in which it found 

that producers accounting for 

substantially all of the production of the 

domestic like product to which the 

Orders pertain lack interest in the relief 

afforded by the Orders with respect to 

certain off-grid solar panels.4

On September 4, 2018, Goal Zero and 

the petitioner 5 requested that partial 

revocation of the Orders be applied 

retroactively starting January 1, 2015 for 

purposes of the CVD Order, and 

December 1, 2015 for purposes of the 

AD Order.6

Final Results of Changed 

Circumstances Reviews, and 

Revocation of the Orders, In Part 

Because no party submitted 

comments opposing the preliminary 

results of these CCRs, and the record 

contains no other information or 

evidence that calls into question the 

preliminary results, Commerce 

determines, pursuant to sections 

751(d)(1) and 782(h) of the Act, and 19 

CFR 351.222(g), that there are changed 

circumstances that warrant revocation 

of the Orders, in part. Specifically, 

because the producers accounting for 

substantially all of the production of the 

domestic like product to which the 

Orders pertain lack interest in the relief 

provided by the Orders with respect to 

certain off-grid solar panels as described 

below, we are revoking the Orders, in 

part, with respect to the following: 

(1) Off grid CSPV panels in rigid form with 

a glass cover, with the following 

characteristics: 

(A) A total power output of 100 watts or 

less per panel; 

(B) a maximum surface area of 8,000 cm2

per panel; 

(C) do not include a built-in inverter; 


khammond on DSK30JT082PROD with NOTICES
Federal Register / Vol. 83, No. 244 / Thursday, December 20, 2018 / Notices 65345 

7See Goal Zero’s Letter, ‘‘Goal Zero LLC’s 

Comments Regarding the Proposed Scope of the 

Changed Circumstances Reviews,’’ dated July 9, 

2018 at 10–11. 

8See Goal Zero’s Letter, ‘‘Goal Zero LLC’s 

Comments Regarding the Proposed Scope of the 

Changed Circumstances Reviews,’’ dated July 9, 

2018 at 10–11. 

9See AD Order, 77 FR at 73018–73019; CVD 

Order, 77 FR at 73017 (footnote omitted); 

Crystalline Silicon Photovoltaic Cells, Whether or 

Not Assembled Into Modules, From the People’s 

Republic of China: Final Results of Changed 

Circumstances Reviews, and Revocation of 

Antidumping and Countervailing Duty Orders, in 

Part, 83 FR 2618 (excluding certain panels with 

surface area from 3,450 mm2 to 33,782 mm2). 

10See Crystalline Silicon Photovoltaic Cells, 

Whether or Not Assembled Into Modules, From the 

People’s Republic of China; Goal Zero LLC’s 

Comments on the Preliminary Results of the 

Changed Circumstances Review, dated September 

4, 2018 (Goal Zero Comments); see also 

SolarWorld’s submission: ‘‘Crystalline Silicon 

Photovoltaic Cells, Whether or Not Assembled into 

Modules, from the People’s Republic of China: 

Comments on Preliminary Results of the Goal Zero 

LLC Changed Circumstances Reviews,’’ dated 

September 4, 2018. 

(D) must include a permanently connected 

wire that terminates in either an 8mm male 

barrel connector, or a two-port rectangular 

connector with two pins in square housings 

of different colors; 

(E) must include visible parallel grid 

collector metallic wire lines every 1–4 

millimeters across each solar cell; and 

(F) must be in individual retail packaging 

(for purposes of this provision, retail 

packaging typically includes graphics, the 

product name, its description and/or 

features, and foam for transport); and 

(2) Off grid CSPV panels without a glass 

cover, with the following characteristics: 

(A) A total power output of 100 watts or 

less per panel; 

(B) a maximum surface area of 8,000 cm2

per panel; 

(C) do not include a built-in inverter; 

(D) must include visible parallel grid 

collector metallic wire lines every 1–4 

millimeters across each solar cell; and 

(E) each panel is 

1. permanently integrated into a consumer 

good; 

2. encased in a laminated material without 

stitching, or 

3. has all of the following characteristics: 

(i) The panel is encased in sewn fabric with 

visible stitching, (ii) includes a mesh 

zippered storage pocket, and (iii) includes a 

permanently attached wire that terminates in 

a female USB–A connector.7

The scope description below includes 

this exclusion language. 

Scope of the Antidumping and 

Countervailing Duty Orders on Certain 

Crystalline Silicon Photovoltaic Cells 

From the People’s Republic of China 

The merchandise covered by the 

Orders is crystalline silicon 

photovoltaic cells, and modules, 

laminates, and panels, consisting of 

crystalline silicon photovoltaic cells, 

whether or not partially or fully 

assembled into other products, 

including, but not limited to, modules, 

laminates, panels and building 

integrated materials. 

The Orders cover crystalline silicon 

photovoltaic cells of thickness equal to 

or greater than 20 micrometers, having 

a p/n junction formed by any means, 

whether or not the cell has undergone 

other processing, including, but not 

limited to, cleaning, etching, coating, 

and/or addition of materials (including, 

but not limited to, metallization and 

conductor patterns) to collect and 

forward the electricity that is generated 

by the cell. 

Merchandise under consideration 

may be described at the time of 

importation as parts for final finished 

products that are assembled after 

importation, including, but not limited 

to, modules, laminates, panels, 

building-integrated modules, buildingintegrated panels, or other finished 

goods kits. Such parts that otherwise 

meet the definition of merchandise 

under consideration are included in the 

scope of the Orders. 

Excluded from the scope of the Orders 

are thin film photovoltaic products 

produced from amorphous silicon (a-Si), 

cadmium telluride (CdTe), or copper 

indium gallium selenide (CIGS). 

Also excluded from the scope of the 

Orders are crystalline silicon 

photovoltaic cells, not exceeding 

10,000mm2 in surface area, that are 

permanently integrated into a consumer 

good whose function is other than 

power generation and that consumes the 

electricity generated by the integrated 

crystalline silicon photovoltaic cell. 

Where more than one cell is 

permanently integrated into a consumer 

good, the surface area for purposes of 

this exclusion shall be the total 

combined surface area of all cells that 

are integrated into the consumer good. 

Additionally, excluded from the 

scope of the Orders are panels with 

surface area from 3,450 mm2 to 33,782 

mm2 with one black wire and one red 

wire (each of type 22 AWG or 24 AWG 

not more than 206 mm in length when 

measured from panel extrusion), and 

not exceeding 2.9 volts, 1.1 amps, and 

3.19 watts. For the purposes of this 

exclusion, no panel shall contain an 

internal battery or external computer 

peripheral ports. 

Also excluded from the scope of the 

Orders are: 

(1) Off grid CSPV panels in rigid form with 

a glass cover, with the following 

characteristics: 

(A) A total power output of 100 watts or 

less per panel; 

(B) a maximum surface area of 8,000 cm2

per panel; 

(C) do not include a built-in inverter; 

(D) must include a permanently connected 

wire that terminates in either an 8mm male 

barrel connector, or a two-port rectangular 

connector with two pins in square housings 

of different colors; 

(E) must include visible parallel grid 

collector metallic wire lines every 1–4 

millimeters across each solar cell; and 

(F) must be in individual retail packaging 

(for purposes of this provision, retail 

packaging typically includes graphics, the 

product name, its description and/or 

features, and foam for transport); and 

(2) Off grid CSPV panels without a glass 

cover, with the following characteristics: 

(A) A total power output of 100 watts or 

less per panel; 

(B) a maximum surface area of 8,000 cm2

per panel; 

(C) do not include a built-in inverter; 

(D) must include visible parallel grid 

collector metallic wire lines every 1–4 

millimeters across each solar cell; and 

(E) each panel is 

1. permanently integrated into a consumer 

good; 

2. encased in a laminated material without 

stitching, or 

3. has all of the following characteristics: 

(i) the panel is encased in sewn fabric with 

visible stitching, (ii) includes a mesh 

zippered storage pocket, and (iii) includes a 

permanently attached wire that terminates in 

a female USB–A connector.8

Modules, laminates, and panels 

produced in a third-country from cells 

produced in the PRC are covered by the 

Orders; however, modules, laminates, 

and panels produced in the PRC from 

cells produced in a third-country are not 

covered by the Orders. 

Merchandise covered by the Orders is 

currently classified in the Harmonized 

Tariff System of the United States 

(HTSUS) under subheadings 

8501.61.0000, 8507.20.80, 8541.40.6020, 

8541.40.6030, and 8501.31.8000. These 

HTSUS subheadings are provided for 

convenience and customs purposes; the 

written description of the scope of the 

Orders is dispositive.9

Application of the Final Results of 

These Reviews 

Goal Zero and the petitioner have 

requested retroactive application of the 

final results of these reviews starting 

January 1, 2015 for purposes of the CVD 

Order, and December 1, 2015 for 

purposes of the AD Order.10 Section 

751(d)(3) of the Act provides that {a} 

determination under this section to 

revoke an order . . . shall apply with 

respect to unliquidated entries of the 

subject merchandise which are entered, 

or withdrawn from warehouse, for 

consumption on or after the date 

determined by the administering 


khammond on DSK30JT082PROD with NOTICES
65346 Federal Register / Vol. 83, No. 244 / Thursday, December 20, 2018 / Notices 

11See e.g., Certain Pasta From Italy: Final Results 

of Countervailing Duty Changed Circumstances 

Review and Revocation, In Part, 76 FR 27634 (May 

12, 2011); Stainless Steel Bar From the United 

Kingdom: Notice of Final Results of Changed 

Circumstances Review and Revocation of Order, in 

Part, 72 FR 65706 (November 23, 2007); Notice of 

Final Results of Antidumping Duty Changed 

Circumstances Review and Revocation of Order In 

Part: Certain Corrosion-Resistant Carbon Steel Flat 

Products from Germany, 71 FR 66163 (November 

13, 2006); Notice of Final Results of Antidumping 

Duty Changed Circumstances Reviews and 

Revocation of Orders in Part: Certain CorrosionResistant Carbon Steel Flat Products From Canada 

and Germany, 71 FR 14498 (March 22, 2006); 

Notice of Final Results of Antidumping Duty 

Changed Circumstances Review, and Determination 

to Revoke Order in Part: Certain Cased Pencils from 

the People’s Republic of China, 68 FR 62428 

(November 4, 2003). 

12See section 751(d)(3) of the Act; Itochu 

Building Products v. United States, Court No. 11– 

00208, Slip Op. 14–37 (CIT 2014) (Itochu Bldg. 

Prod) (CIT April 8, 2014) at 12 (‘‘The statutory 

provision, as discussed above, provides Commerce 

with discretion in the selection of the effective date 

for a partial revocation following a changed 

circumstances review, but that discretion may not 

be exercised arbitrarily so as to decide the question 

presented without considering the relevant and 

competing considerations.’’). 

13See, e.g., Carbon and Certain Alloy Steel Wire 

Rod from Brazil, Canada, Indonesia, Mexico, 

Moldova, Trinidad and Tobago, and Ukraine: Final 

Results of Changed Circumstances Review, 68 FR 

64079 (November 12, 2003); Stainless Steel Hollow 

Products from Sweden; Termination of 

Antidumping Duty Administrative Reviews, Final 

Results of Changed Circumstances Antidumping 

Duty Administrative Review, and Revocation In Part 

of Antidumping Duty Order, 60 FR 42529 (August 

16, 1995). 

14See Steel Wire Garment Hangers From the 

People’s Republic of China: Final Results of 

Changed Circumstances Review, and Revocation in 

Part of Antidumping Duty Order (Steel Hangers), 74 

FR 50956 (October 2, 2009); Notice of Final Results 

of Antidumping Duty Changed Circumstances 

Review, and Determination To Revoke Order in 

Part: Certain Cased Pencils from the People’s 

Republic of China (Cased Pencils), 71 FR 13352 

(March 15, 2006); Stainless Steel Sheet and Strip in 

Coils from Japan: Final Results of Changed 

Circumstance Antidumping Duty Review, and 

Determination To Revoke Order in Part (Stainless 

Sheet and Strip), 65 FR 77578 (December 12, 2000). 

15See Large Newspaper Printing Presses and 

Components Thereof, Whether Assembled or 

Unassembled, from Japan: Final Results of Changed 

Circumstances Antidumping Duty Administrative 

Review and Intent To Revoke Antidumping Duty 

Order, In Part, 64 FR 72315 (December 27, 1999). 

16See Itochu Bldg. Prod., Slip Op. 14–37 at 3. 

17See Crystalline Silicon Photovoltaic Cells, 

Whether or Not Assembled Into Modules, From the 

People’s Republic of China; Goal Zero LLC’s 

Comments on the Preliminary Results of the 

Changed Circumstances Review, dated September 

4, 2018; see also SolarWorld’s submission: 

‘‘Crystalline Silicon Photovoltaic Cells, Whether or 

Not Assembled into Modules, from the People’s 

Republic of China: Comments on Preliminary 

Results of the Goal Zero LLC Changed 

Circumstances Reviews’’, dated September 4, 2018. 

18See Goal Zero Comments at 11. 

19 Id. at 12. 

20See Message Numbers 7067302 and 7065306. 

21See Message Number 8233301 instructing CBP 

to assess an antidumping liability for various 

exporters of subject merchandise, including ERA 

Solar Co., Ltd., for the period December 1, 2015 

through November 30, 2016. See also Message 

Number 8269301 instructing CBP with regard to the 

statutory injunction issued in connection with court 

number 18–00189 and Message Numbers 8240315 

and 8240316 instructing CBP with regard to the 

statutory injunction issued in connection with court 

number 18–00176. 

22See Message Number 7058306. 

23See Message Numbers 8269331, 8264303, and 

8243306 instructing CBP with regard to the 

statutory injunctions issued in connection with 

court numbers 18–00184, 18–00185, 18–00186. On 

August 15, 2018, Commerce instructed CBP to 

liquidate modules produced in third countries from 

crystalline silicon photovoltaic cells produced in 

China. See Message Number 8227315. 

24See sections 516A(c)(2) and (e) of the Act. 

authority.’’ Consistently, Commerce’s 

general practice is to instruct U.S. 

Customs and Border Protection (CBP) to 

liquidate without regard to antidumping 

and countervailing duties, and to refund 

any estimated antidumping and 

countervailing duties, on all 

unliquidated entries of the merchandise 

covered by a revocation that are not 

covered by the final results of an 

administrative review or automatic 

liquidation.11

Commerce has exercised its discretion 

and deviated from this general practice 

if the particular facts of a case have 

implications for the effective date of the 

partial revocation selected by 

Commerce.12 Specifically, when 

selecting the effective date for partial 

revocation, Commerce has considered 

factors such as the effective date 

proposed by the petitioner (and/or the 

effective date agreed to by all parties),13

the existence of unliquidated entries 

dating back to the requested effective 

date,14 whether an interested party 

requested the effective date of the 

revocation,15 and whether the requested 

effective date creates potential 

administrability issues (e.g., the 

products covered by the partial 

revocation are in the sales database used 

in the dumping margin calculations for 

a completed administrative review with 

a period of review (POR) that overlaps 

with the date requested).16

On September 4, 2018, Goal Zero 

requested retroactive application of the 

final results of these reviews starting 

January 1, 2015 for purposes of the CVD 

Order, and December 1, 2015 for 

purposes of the AD Order, and the 

petitioner agreed to Goal Zero’s 

request.17 Goal Zero claims that there 

are unliquidated entries corresponding 

to the 2015–2016 reviews.18 Goal Zero 

notes that the final results for the 

administrative review of the CVD Order 

covering the review period January 1 

through December 31, 2015, and the 

final results for the administrative 

review of the AD Order covering the 

period December 1, 2015 through 

November 30, 2016, are being 

challenged by the petitioner before the 

Court of International Trade (CIT).19

However, entries of subject merchandise 

overlapping with the AD administrative 

review covering the period December 1, 

2015 through November 30, 2016, and 

which were not liquidated pursuant to 

automatic liquidation instructions,20 are 

either encompassed by Commerce’s 

August 21, 2018 liquidation instructions 

to CBP or enjoined from liquidation by 

statutory injunctions entered by the 

CIT.21 Similarly, entries of subject 

merchandise overlapping with the CVD 

administrative review covering the 

period January 1, 2015 through 

December 31, 2015, and which were not 

liquidated pursuant to automatic 

liquidation instructions,22 are enjoined 

from liquidation by statutory 

injunctions entered by the CIT.23 Entries 

of merchandise enjoined from 

liquidation by the court may not be 

subject to Commerce’s partial revocation 

of the order and subsequent instructions 

to CBP, and because their liquidation is 

enjoined, they are set to be liquidated in 

accordance with the final court 

decision.24

We find that legal and 

administrability issues are presented by 

using the effective dates suggested by 

the interested parties. Accordingly, we 

are exercising our discretion, based on 

the particular circumstances in these 

CCRs, to make the effective dates 

January 1, 2016, for purposes of the CVD 

Order and December 1, 2016, for 

purposes of the AD Order. 

Instructions to U.S. Customs and 

Border Protection 

Because we determine that there are 

changed circumstances that warrant the 

revocation of the Orders, in part, we 

will instruct CBP to liquidate without 

regard to antidumping and 

countervailing duties, and to refund any 

estimated antidumping and 

countervailing duties on, all 

unliquidated entries of the merchandise 

covered by this partial revocation on or 

after January 1, 2016, for purposes of the 

CVD Order, and on or after December 1, 

2016, for purposes of the AD Order. 

Notification to Interested Parties 

This notice serves as a reminder to 

parties subject to an administrative 

protective order (APO) of their 

responsibility concerning the 

disposition of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3). Timely 

written notification of the return/ 

destruction of APO materials or 

conversion to judicial protective order is 

hereby requested. Failure to comply 


khammond on DSK30JT082PROD with NOTICES
Federal Register / Vol. 83, No. 244 / Thursday, December 20, 2018 / Notices 65347 

1See Agreement Suspending the Countervailing 

Duty Investigation of Sugar from Mexico, 79 FR 

78044 (December 29, 2014) (CVD Agreement). 

2See Sugar from Mexico: Amendment to the 

Agreement Suspending the Countervailing Duty 

Investigation, 82 FR 31942 (July 11, 2017) (CVD 

Amendment). 

3The 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. 

4See Letter from petitioners, entitled ‘‘Sugar from 

Mexico: Request for Administrative Review’’ 

(December 29, 2017). 

5The original initiation notice had incorrectly 

stated that the POR ended on December 30, 2017, 

and this was corrected in the initiation notice 

published on March 16, 2018. 

6See Memorandum to P. Lee Smith, entitled 

‘‘Administrative Review of the Agreement 

Suspending the Countervailing Duty Investigation 

on Sugar from Mexico, as Amended: Period of 

Review’’ (April 19, 2018). 

7See Memorandum to P. Lee Smith, entitled 

‘‘2017 Administrative Review of the Agreement 

Suspending the Countervailing Duty Investigation 

on Sugar from Mexico As Amended: Respondent 

Selection’’ and ‘‘Questionnaire Regarding the 

Agreement Suspending the Countervailing Duty 

Investigation on Sugar from Mexico for the October 

1, 2017 through December 31, 2017 Period of 

Review’’, both dated May 23, 2018. 

8For a complete description of the Scope of the 

Order, see Memorandum to Gary Taverman, Deputy 

Assistant Secretary for Antidumping and 

Countervailing Duty Operations, performing the 

non-exclusive functions and duties of the Assistant 

Secretary for Enforcement and Compliance, from P. 

Lee Smith, Deputy Assistant Secretary for Policy 

and Negotiations, ‘‘Decision Memorandum for 

Preliminary Results of Administrative Review of the 

Agreement Suspending the Antidumping Duty 

Investigation on Sugar from Mexico,’’ dated 

concurrently with this notice (Preliminary Decision 

Memorandum). 

with the regulations and terms of an 

APO is a sanctionable violation. 

We are issuing and publishing these 

final results and revocation, in part, and 

notice in accordance with sections 

751(b) and 777(i) of the Act and 19 CFR 

351.216, 19 CFR 351.221(c)(3), and 19 

CFR 351.222. 

Dated: December 13, 2018. 

Christian Marsh, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

[FR Doc. 2018–27533 Filed 12–19–18; 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 (as Amended); 

Preliminary Results of 2017 

Administrative Review 

AGENCY: Enforcement & Compliance, 

International Trade Administration, 

Department of Commerce. 

DATES: Applicable December 20, 2018. 

SUMMARY: The Department of Commerce 

(Commerce) preliminarily determines 

that the Government of Mexico (GOM) 

and selected respondents Ingenio El 

Higo S.A. de C.V., Central El Potrero 

S.A. de C.V., Ingenio Melchor Ocampo 

S.A. de C.V., and Zucarmex S.A. de C.V. 

(and their affiliates) are in compliance 

with the Agreement Suspending the 

Countervailing Duty Investigation of 

Sugar from Mexico (CVD Agreement), as 

amended on June 30, 2017 (collectively, 

amended CVD Agreement), for the 

period October 1, 2017, through 

December 31, 2017. Commerce also 

preliminary determines that the 

amended CVD Agreement is meeting the 

statutory requirements under sections 

704(c) and (d) of the Tariff Act of 1930, 

as amended. Interested parties are 

invited to comment on these 

preliminary results. 

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 Tariff Act of 1930, as 

amended (the Act), with the GOM, 

suspending the CVD investigation on 

sugar from Mexico.1 On June 30, 2017, 

Commerce and the GOM signed an 

amendment to the CVD Agreement.2

On December 29, 2017, the American 

Sugar Coalition and its Members 3

(petitioners) filed a request for an 

administrative review of the amended 

CVD Agreement.4 The review was 

initiated on February 13, 2018, covering 

the January 1, 2017 through December 

31, 2017,5 period of review (POR). 

Commerce amended the POR on April 

19, 2018, to reflect the period from 

October 1, 2017 to December 31, 2017 

(including sales prior to October 1, 2017 

that resulted in entries during the fourth 

quarter of 2017).6 On May 23, 2018, 

Commerce selected the four largest 

producers/exporters by volume as 

mandatory respondents,7 and issued its 

questionnaire to the GOM, the signatory 

to the CVD Agreement, and asked the 

GOM to send full questionnaires at 

attachment 1 to the four selected 

companies (and their affiliates). These 

were: Central El Potrero S.A. de C.V., 

Ingenio El Higo S.A. de C.V., Ingenio 

Melchor Ocampo S.A. de C.V, and 

Zucarmex S.A. de C.V. Commerce also 

asked that the GOM respond to its own 

questionnaire. 

Scope of Review 

Merchandise covered by this 

amended CVD Agreement is typically 

imported under the following headings 

of the HTSUS: 1701.12.1000, 

1701.12.5000, 1701.13.1000, 

1701.13.5000, 1701.14.1000, 

1701.14.5000, 1701.91.1000, 

1701.91.3000, 1701.99.1010, 

1701.99.1025, 1701.99.1050, 

1701.99.5010, 1701.99.5025, 

1701.99.5050, and 1702.90.4000. The 

tariff classification is provided for 

convenience and customs purposes; 

however, the written description of the 

scope of this amended CVD Agreement 

is dispositive.8

Methodology and Preliminary Results 

Commerce is conducting this review 

in accordance with section 751(a)(1)(C) 

of the Act. After reviewing the 

information received to date from the 

respondent companies and the GOM in 

their questionnaire and supplemental 

questionnaire responses, we 

preliminarily find that the information 

indicates that the GOM has adhered to 

the terms of the amended CVD 

Agreement and that the amended CVD 

Agreement is functioning as intended. 

Further, we preliminarily determine 

that the amended CVD Agreement is 

meeting the statutory requirements 

under sections 704(c) and (d) of the Act. 

For a full description of the 

methodology underlying our 

conclusions, see the Preliminary 

Decision Memorandum. 

Public Comment 

Pursuant to 19 CFR 351.309(c)(1)(ii), 

interested parties may submit case briefs 

not later than 30 days after the date of 

publication of this notice. Rebuttal 

briefs, limited to issues raised in the 

case briefs, may be filed not later than 

five days after the date for filing case 

briefs in accordance with 19 CFR 

351.309(d)(1). Parties who submit case 

briefs or rebuttal briefs in this 

proceeding are encouraged to provide: 

(1) A statement of the issue; (2) a brief 

summary of the argument; and (3) a 

table of authorities. See 19 CFR 

351.309(c)(2) and (d)(2). 

Pursuant to 19 CFR 351.310(c), 

interested parties who wish to request a 

hearing, or to participate if one is 

requested, must submit a written 

request to the Assistant Secretary for 

Enforcement and Compliance filed 

electronically via ACCESS. An 


khammond on DSK30JT082PROD with NOTICES