938 Federal Register / Vol. 87, No. 5 / Friday, January 7, 2022 / Notices 

21For a full description of this practice, see 

Assessment Practice Refinement, 86 FR 65694. 

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, 85 FR 3613 (January 22, 2020) (CVD 

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

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entered, or withdrawn from warehouse, 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 

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 

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


tkelley on DSK125TN23PROD with NOTICE 
Federal Register / Vol. 87, No. 5 / Friday, January 7, 2022 / Notices 939 

Amendment) (collectively, as integrated into the 

CVD Agreement, amended CVD Agreement). 

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 Petitioners’ Letter, ‘‘Sugar from Mexico: 

Request for Administrative Review,’’ dated 

December 17, 2020. 

5See Initiation of Antidumping and 

Countervailing Duty Administrative Reviews, 86 FR 

8166 (February 4, 2021). 

6See 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. 

7Prior 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. 

8For 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). 

9See 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). 

15See Preliminary Decision Memorandum at 9, n. 

78 and 12, n. 87. 

16See 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. 

17See 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 

Continued 

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 

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

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 

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 


tkelley on DSK125TN23PROD with NOTICE 
940 Federal Register / Vol. 87, No. 5 / Friday, January 7, 2022 / Notices 

COVID–19; Extension of Effective Period, 85 FR 

41363 (July 10, 2020). 

18See 19 CFR 351.309(c)(2) and (d)(2). 

19See 19 CFR 351.310(c). 

20See 19 CFR 351.310(d). 

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 

AGENCY: Office of Oceanic and 

Atmospheric Research (OAR), National 

Oceanic and Atmospheric 

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. 

SUMMARY: 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. 

DATES: 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 

http://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 

widest possible audience; and fully 

compliant with the GCRA. 

Background information, additional 

details, and instructions for submitting 

comments can be found at http://

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 


tkelley on DSK125TN23PROD with NOTICE