Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Notices 78039 

2See Initiation of Antidumping and 

Countervailing Duty Administrative Review, 79 FR 

30809 (May 29, 2014). 

Tariff Act of 1930, as amended (the Act), 

for an administrative review from the 

petitioners, CF Industries, Inc. and El 

Dorado Chemical Company, for the 

following companies: (1) JSC Acron/JSC 

Dorogobuzh (collectively, ‘‘Acron’’); and 

(2) MCC EuroChem/OJSC NAK Azot/

OJSC Nevinnomyssky (collectively, 

‘‘EuroChem’’). On May 29, 2014, the 

Department published in the Federal 

Register a notice of initiation of 

administrative review with respect to 

these companies.2

On August 20, 2014, the petitioners 

withdrew their request for an 

administrative review for Acron and 

EuroChem. 

Rescission of Review 

Pursuant to 19 CFR 351.213(d)(1), the 

Department will rescind an 

administrative review, in whole or in 

part, if a party that requested the review 

withdraws the request within 90 days of 

the date of publication of notice of 

initiation of the requested review. The 

petitioners withdrew their request for 

review by the 90-day deadline. 

Therefore, we are rescinding the 

administrative review of the 

antidumping duty order on ammonium 

nitrate from Russia covering the period 

April 1, 2013, through March 31, 2014. 

Assessment 

The Department will instruct U.S. 

Customs and Border Protection (CBP) to 

assess antidumping duties on all 

appropriate entries. Antidumping duties 

shall be assessed at rates equal to the 

cash deposit of estimated antidumping 

duties required at the time of entry, or 

withdrawal from warehouse, for 

consumption, in accordance with 19 

CFR 351.212(c)(1)(i). The Department 

intends to issue appropriate assessment 

instructions directly to CBP 15 days 

after the date of publication of this 

notice in the Federal Register. 

Notification to Importers 

This notice serves as the only 

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 

review period. Failure to comply with 

this requirement may result in the 

presumption that reimbursement of 

antidumping duties occurred and the 

subsequent assessment of double 

antidumping duties. 

Notification Regarding Administrative 

Protective Order 

This notice serves as the only 

reminder to parties subject to 

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 return/

destruction of APO materials or 

conversion to judicial protective order is 

hereby requested. Failure to comply 

with the regulations and the terms of an 

APO is a sanctionable violation. 

This notice is issued and published in 

accordance with section 751 of the Act 

and 19 CFR 351.213(d)(4). 

Dated: December 19, 2014. 

Paul Piquado, 

Assistant Secretary for Enforcement and 

Compliance. 

[FR Doc. 2014–30391 Filed 12–24–14; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–201–845] 

Sugar From Mexico: Suspension of 

Antidumping Investigation 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

DATES: Effective Date: December 19, 

2014. 

SUMMARY: The Department of Commerce 

(‘‘the Department’’) has suspended the 

antidumping duty investigation on 

sugar from Mexico. The basis for this 

action is an agreement between the 

Department and signatory producers/

exporters accounting for substantially 

all imports of sugar from Mexico, 

wherein each signatory producer/

exporter has agreed to revise its prices 

to eliminate completely the injurious 

effects of exports of the subject 

merchandise to the United States. 

FOR FURTHER INFORMATION CONTACT: 

Sally Craig Gannon or Judith Wey 

Rudman at (202) 482–0162 or (202) 482– 

0192, respectively; Bilateral Agreements 

Unit, Office of Policy, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street & Constitution 

Avenue NW., Washington, DC 20230. 

SUPPLEMENTARY INFORMATION: 

Background 

On April 17, 2014, the Department 

initiated an antidumping duty 

investigation under section 732 of the 

Tariff Act of 1930, as amended (‘‘the 

Act’’), to determine whether imports of 

sugar from Mexico are being, or are 

likely to be, sold in the United States at 

less than fair value (‘‘LTFV’’). See Sugar 

from Mexico: Initiation of Antidumping 

Duty Investigation, 79 FR 22795 (April 

24, 2014). On October 24, 2014, the 

Department preliminarily determined 

that sugar from Mexico is being, or is 

likely to be, sold in the United States at 

LTFV, as provided in section 733 of the 

Act, and postponed the final 

determination in this investigation until 

no later than 135 days after the date of 

publication of the preliminary 

determination in the Federal Register. 

See Sugar from Mexico: Preliminary 

Determination of Sales at Less Than 

Fair Value and Postponement of Final 

Determination, 79 FR 65189 (November 

3, 2014) (‘‘Preliminary Determination’’). 

On October 27, 2014, the Department 

and a representative of the signatory 

producers/exporters initialed a 

proposed agreement to suspend the 

antidumping investigation on sugar 

from Mexico. After initialing the 

proposed agreement, consistent with 

734(e)(1) of the Act, the Department 

notified and consulted with the 

petitioners (i.e., the American Sugar 

Coalition and its individual members: 

American Sugar Cane League, American 

Sugar Refining, Inc., American 

Sugarbeet Growers Association, Florida 

Sugar Cane League, Hawaiian 

Commercial and Sugar Company, Rio 

Grande Valley Sugar Growers, Inc., 

Sugar Cane Growers Cooperative of 

Florida, and United States Beet Sugar 

Association) concerning its intention to 

suspend the antidumping investigation 

on sugar from Mexico. The Department 

also notified the other parties to the 

investigation and the International 

Trade Commission (‘‘ITC’’) of the 

proposed agreement, consistent with 

734(e)(1) of the Act. Also on October 27, 

2014, we invited interested parties to 

provide written comments on the 

proposed suspension agreement by no 

later than the close of business on 

November 10, 2014. See ‘‘Memorandum 

to All Interested Parties’’ and ‘‘Draft 

Agreement Suspending the 

Antidumping Duty Investigation on 

Sugar from Mexico,’’ dated October 27, 

2014. On October 30, 2014, the 

Department issued a memorandum 

titled ‘‘Proposed Scope Clarification’’ 

and requested comments from 

interested parties. On November 7, 

2014, we extended the deadline to 

submit comments on the draft 

suspension agreement and the proposed 

scope clarification until November 18, 

2014. See memorandum titled ‘‘Sugar 


tkelley on DSK3SPTVN1PROD with NOTICES
78040 Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Notices 

from Mexico: Notice of Extension of 

Deadline to Submit Comments on Draft 

Suspension Agreements and Scope 

Clarification,’’ dated November 7, 2014. 

We received comments from numerous 

parties by the November 18, 2014, 

deadline. 

The Department and a representative 

of the signatory producers/exporters 

accounting for substantially all imports 

of sugar from Mexico signed the 

suspension agreement on December 19, 

2014. See Agreement Suspending the 

Antidumping Duty Investigation on 

Sugar from Mexico, signed on December 

19, 2014 (‘‘Suspension Agreement’’), 

attached hereto. Based on the scope 

comments received in this investigation, 

the Department has revised the scope of 

this investigation, as provided in the 

scope of the Suspension Agreement. 

Scope of Agreement 

See Section I, Product Coverage, of 

the Suspension Agreement. 

Suspension of Investigation 

The Department consulted with the 

Mexican sugar producers/exporters and 

the petitioners and has considered the 

comments submitted by interested 

parties with respect to the proposal to 

suspend the antidumping investigation. 

In accordance with section 734(c) of the 

Act, we have determined that 

extraordinary circumstances are present 

in this case, as defined by section 

734(c)(2)(A) of the Act. See the 

memorandum titled ‘‘Agreement 

Suspending the Antidumping Duty 

Investigation on Mexican Sugar from 

Mexico: U.S. Import Coverage, Existence 

of Extraordinary Circumstances, Public 

Interest, and Effective Monitoring 

Assessments’’ from Lynn Fischer Fox, 

Deputy Assistant Secretary for Policy 

and Negotiations, to Paul Piquado, 

Assistant Secretary for Enforcement and 

Compliance, dated December 19, 2014 

(‘‘statutory requirements 

memorandum’’). 

The Suspension Agreement provides, 

in accordance with 734(c)(1) of the Act, 

that the subject merchandise will be 

sold at or above the established 

reference price and, for each entry of 

each exporter, the amount by which the 

estimated normal value exceeds the 

export price (or constructed export 

price) will not exceed 15 percent of the 

weighted-average amount by which the 

estimated normal value exceeded the 

export price (or constructed export 

price) for all less-than-fair-value entries 

of the producer/exporter examined 

during the course of the investigation. 

We have determined that the 

Suspension Agreement will eliminate 

completely the injurious effect of 

exports to the United States of the 

subject merchandise and prevent the 

suppression or undercutting of price 

levels of domestic sugar by imports of 

that merchandise from Mexico, as 

required by section 734(c)(1) of the Act. 

See the memorandum titled ‘‘The 

Prevention of Price Suppression or 

Undercutting of Price Levels by the 

Agreement Suspending the 

Antidumping Duty Investigation on 

Sugar from Mexico’’ from Lynn Fischer 

Fox, Deputy Assistant Secretary for 

Policy and Negotiations, to Paul 

Piquado, Assistant Secretary for 

Enforcement and Compliance. 

We have also determined that the 

Suspension Agreement is in the public 

interest and can be monitored 

effectively, as required under section 

734(d) of the Act. See statutory 

requirements memorandum. 

For the reasons outlined above, we 

find that the Suspension Agreement 

meets the criteria of section 734(c) and 

(d) of the Act. 

The terms and conditions of this 

Suspension Agreement, signed 

December 19, 2014, are set forth in the 

Suspension Agreement, which is 

attached to this notice. 

International Trade Commission 

In accordance with section 734(f) of 

the Act, the Department has notified the 

ITC of the Suspension Agreement. 

Suspension of Liquidation 

The suspension of liquidation ordered 

in the Preliminary Determination, shall 

continue to be in effect, subject to 

section 734(h)(3) of the Act. Section 

734(f)(2)(B) of the Act provides that the 

Department may adjust the security 

required to reflect the effect of the 

Suspension Agreement. The Department 

has found that the Suspension 

Agreement eliminates completely the 

injurious effects of imports and, thus, 

the Department is adjusting the security 

required from signatories to zero. The 

security rates in effect for imports from 

any non-signatory producers/exporters 

remain as published in the Preliminary 

Determination. If there is no request for 

review of suspension under section 

734(h) of the Act, or if the ITC conducts 

a review and finds that the injurious 

effect of imports of the subject 

merchandise is eliminated completely 

by the Suspension Agreement, the 

Department will terminate the 

suspension of liquidation of all entries 

of sugar from Mexico, and refund any 

cash deposits collected on entries of 

sugar from Mexico consistent with 

section 734(h)(3) of the Act. 

Notwithstanding the Suspension 

Agreement, the Department will 

continue the investigation if it receives 

such a request within 20 days after the 

date of publication of this notice in the 

Federal Register, in accordance with 

section 734(g) of the Act. Pursuant to 

Section X of the Suspension Agreement, 

the Department will terminate the 

Suspension Agreement in the event that 

signatories accounting for a significant 

proportion of exports of sugar from 

Mexico request continuation of this 

investigation, or the Government of 

Mexico requests continuation of the 

countervailing duty investigation of 

sugar from Mexico, and will resume the 

investigation. 

Administrative Protective Order Access 

The Administrative Protective Order 

(‘‘APO’’) the Department granted in the 

investigation segment of this proceeding 

remains in place. While the 

investigation is suspended, parties 

subject to the APO may retain, but may 

not use, information received under that 

APO. All parties wishing access to 

business proprietary information 

submitted during the administration of 

the Suspension Agreement must submit 

new APO applications in accordance 

with the Department’s regulations 

currently in effect. See section 777(c)(1) 

of the Act; 19 CFR 351.103, 351.304, 

351.305, and 351.306. An APO for the 

administration of the Suspension 

Agreement will be placed on the record 

within five days of the date of 

publication of this notice in the Federal 

Register. 

We are issuing and publishing this 

notice in accordance with section 

734(f)(1)(A) of the Act and 19 CFR 

351.208(g)(2). 

Dated: December 19, 2014. 

Paul Piquado, 

Assistant Secretary for Enforcement and 

Compliance. 

Agreement Suspending the 

Antidumping Duty Investigation on 

Sugar From Mexico 

Pursuant to the requirements of 

section 734(c) of the Tariff Act of 1930, 

as amended (the Act) (19 U.S.C. 

1673c(c)) and 19 CFR 351.208, and in 

satisfaction of the requirements of those 

provisions, the U.S. Department of 

Commerce (the Department) and the 

signatory producers and exporters of 

Sugar from Mexico (the Signatories) 

enter into this agreement suspending 

the antidumping duty investigation of 

Sugar from Mexico (Agreement), as 

follows: 

I. Product Coverage 

The product covered by this 

Agreement is raw and refined sugar of 

all polarimeter readings derived from 


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Notices 78041 

1This exclusion applies to sugar imported under 

the Refined Sugar Re-Export Program, the SugarContaining Products Re-Export Program, and the 

Polyhydric Alcohol Program administered by the 

U.S. Department of Agriculture. 

sugar cane or sugar beets. The chemical 

sucrose gives sugar its essential 

character. Sucrose is a nonreducing 

disaccharide composed of glucose and 

fructose linked by a glycosidic bond via 

their anomeric carbons. The molecular 

formula for sucrose is C12H22O11; the 

International Union of Pure and 

Applied Chemistry (IUPAC) 

International Chemical Identifier (InChl) 

for sucrose is 1S/C12H22O11/c13-l-4- 

6(16)8(18)9(19)11(21-4)23-12(3- 

15)10(20)7(17)5(2-14)22-12/h4-11,13- 

20H,1-3H2/t4-,5-,6-,7-,8+,9-,10+,11-, 

12+/m1/s1; the InChl Key for sucrose is 

CZMRCDWAGMRECN-UGDNZRGBSAN; the U.S. National Institutes of Health 

PubChem Compound Identifier (CID) for 

sucrose is 5988; and the Chemical 

Abstracts Service (CAS) Number of 

sucrose is 57-50-1. 

Sugar described in the previous 

paragraph includes products of all 

polarimeter readings described in 

various forms, such as raw sugar, 

estandar or standard sugar, high polarity 

or semi-refined sugar, special white 

sugar, refined sugar, brown sugar, edible 

molasses, desugaring molasses, organic 

raw sugar, and organic refined sugar. 

Other sugar products, such as powdered 

sugar, colored sugar, flavored sugar, and 

liquids and syrups that contain 95 

percent or more sugar by dry weight are 

also within the scope of this Agreement. 

The scope of the Agreement does not 

include (1) sugar imported under the 

Refined Sugar Re-Export Programs of 

the U.S. Department of Agriculture; 1 (2) 

sugar products produced in Mexico that 

contain 95 percent or more sugar by dry 

weight that originated outside of 

Mexico; (3) inedible molasses (other 

than inedible desugaring molasses noted 

above); (4) beverages; (5) candy; (6) 

certain specialty sugars; and (7) 

processed food products that contain 

sugar (e.g., cereals). Specialty sugars 

excluded from the scope of this 

Agreement are limited to the following: 

Caramelized slab sugar candy, pearl 

sugar, rock candy, dragees for cooking 

and baking, fondant, golden syrup, and 

sugar decorations. 

Merchandise covered by this 

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 

Agreement is dispositive. 

II. Definitions 

For purposes of the Agreement, the 

following definitions apply: 

A. ‘‘Anniversary Month’’ means the 

month in which the Agreement becomes 

effective. 

B. ‘‘Date of Export’’ means the date on 

which the product is exported from 

Mexico to the United States. 

C. ‘‘Effective Date’’ means the date on 

which the Department and the signatory 

producers/exporters sign the 

Agreement. 

D. ‘‘Interested Party’’ means any 

person or entity that meets the 

definitions provided in section 771(9) of 

the Act. 

E. ‘‘Mexico’’ means the customs 

territory of the United Mexican States 

and foreign trade zones located within 

the territory of Mexico. 

F. ‘‘Other Sugar’’ means Sugar that 

does not meet the definition of Refined 

Sugar under this Agreement. 

G. ‘‘Reference Price’’ means the 

minimum price at which merchandise 

subject to this Agreement can be sold in 

the United States. 

H. ‘‘Refined Sugar’’ means Sugar with 

a polarity of 99.5 and above. 

I. ‘‘Sugar’’ means the product 

described under Section I, ‘‘Product 

Coverage,’’ of the Agreement. 

J. ‘‘Substantially all’’ of the subject 

merchandise means exporters and 

producers that have accounted for not 

less than 85 percent by value or volume 

of the subject merchandise. 

K. ‘‘United States’’ means the customs 

territory of the United States of America 

(the 50 States, the District of Columbia 

and Puerto Rico) and foreign trade zones 

located within the territory of the 

United States. 

L. ‘‘USDA’’ means the United States 

Department of Agriculture. 

M. ‘‘Violation’’ means noncompliance 

with the terms of the Agreement, 

whether through an act or omission, 

except for noncompliance that is 

inconsequential or inadvertent, and 

does not materially frustrate the 

purposes of the Agreement. 

Any term or phrase not defined by 

this section shall be defined using either 

a definition provided in the Act for that 

term or phrase, or the plain meaning of 

that term, as appropriate. 

III. Suspension of Investigation 

As of the Effective Date, in accordance 

with section 734(c) of the Act and 19 

CFR 351.208, the Department will 

suspend its antidumping duty 

investigation on Sugar from Mexico 

initiated on April 17, 2014. See Sugar 

from Mexico: Initiation of Antidumping 

Duty Investigation, 79 FR 22795 (April 

24, 2014). 

IV. U.S. Import Coverage 

In accordance with section 734(c)(1) 

of the Act, the Signatories are the 

producers and exporters in Mexico 

which account for substantially all of 

the subject merchandise imported into 

the United States. The Department may 

at any time during the period of the 

Agreement require additional 

producers/exporters in Mexico to 

accede to the Agreement to ensure that 

not less than substantially all imports 

into the United States are subject to this 

Agreement. 

V. Statutory Conditions for the 

Agreement 

In accordance with section 734(c)(2) 

of the Act, the Department has 

determined that extraordinary 

circumstances are present in this 

investigation because the suspension of 

the investigation will be more beneficial 

to the domestic industry than the 

continuation of the investigation and 

that the investigation is complex. 

In accordance with section 734(d) of 

the Act, the Department determines that 

the suspension of the investigation is in 

the public interest and that effective 

monitoring of the Agreement by the 

United States is practicable. Section 

734(a)(2)(B) of the Act provides that the 

public interest includes the availability 

of supplies of the merchandise and the 

relative impact on the competitiveness 

of the domestic industry producing the 

like merchandise, including any such 

impact on employment and investment 

in that industry. Accordingly, if a 

domestic producer requests an 

administrative review of the status of, 

and compliance with, the Agreement, 

the Department will take these factors 

into account in conducting that review. 

If the Department finds that the 

Agreement is not working as intended 

in this regard, the Department will 

explore all appropriate measures, 

including renegotiation of the terms of 

the Agreement to resolve the problem or 

measures under section 751(d)(1) of the 

Act. 

VI. Price Undertaking 

Each Signatory individually agrees 

that, to prevent price suppression or 

undercutting, it will not sell in the 

United States, on or after the Effective 

Date, Sugar at prices that are less than 

the Reference Prices, established in 

Appendix I to the Agreement. 


tkelley on DSK3SPTVN1PROD with NOTICES
78042 Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Notices 

Each Signatory individually agrees 

that for each entry the amount by which 

the estimated normal value exceeds the 

export price (or the constructed export 

price) will not exceed 15 percent of the 

weighted average amount by which the 

estimated normal value exceeded the 

export price (or constructed export 

price) for all less-than-fair-value entries 

of the producer/exporter examined 

during the course of the investigation, in 

accordance with the Act and the 

Department’s regulations and 

procedures, including but not limited to 

the calculation methodologies described 

in Appendix II of this Agreement. 

VII. Monitoring of the Agreement 

A. Import Monitoring 

1. The Department will monitor 

entries of Sugar from Mexico to ensure 

compliance with section VI of this 

Agreement. 

2. The Department will review 

publicly available data and other official 

import data, including, as appropriate, 

records maintained by U.S. Customs 

and Border Protection (CBP), to 

determine whether there have been 

imports that are inconsistent with the 

provisions of this Agreement. The 

Department also intends to consult with 

the USDA regarding monthly 

information submitted by processors, 

refiners, and importers of Sugar from 

Mexico. 

3. The parties to this Agreement 

acknowledge that the Signatories intend 

to establish a joint industryGovernment-of-Mexico working group 

(‘‘Working Group’’) that will regularly 

monitor and reconcile Mexican export 

data and identify and address any 

inconsistencies or irregularities. The 

Working Group will refer any alleged 

violations (either those discovered 

during its monitoring exercises or those 

reported by the Department) to the 

Government of Mexico (‘‘GOM’’) for 

appropriate action. For further 

information, please see information 

provided in the links provided at the 

Department’s Web page, http://

enforcement.trade.gov/agreements/

index.html. 

4. The Department will review, as 

appropriate, data it receives from the 

Working Group and through any data 

exchange program between U.S. and 

GOM agencies to determine whether 

there have been imports that are 

inconsistent with the provisions of this 

Agreement. 

B. Compliance Monitoring 

1. The Department may require, and 

each Signatory agrees to provide 

confirmation through documentation 

provided to the Department, that the 

price received on any sale subject to this 

Agreement was not less than the 

established Reference Prices. The 

Department may require that such 

documentation be provided and be 

subject to verification. 

2. The Department may require, and 

each Signatory agrees to report in the 

prescribed format and using the 

prescribed method of data compilation, 

each sale of Sugar, either directly or 

indirectly to unrelated purchasers in the 

United States, including each 

adjustment applicable to each sale, as 

specified by the Department. The 

information to be reported may include, 

for example, F.O.B. sales value, unit 

price, date of sale, sales order 

number(s), importer of record, trading 

company, customer, customer 

relationship, destination, as well as any 

other information deemed by the 

Department to be relevant. Each 

Signatory agrees to permit review and 

on-site inspection of all information 

deemed necessary by the Department to 

verify the reported information. 

3. The Department may initiate 

administrative reviews under section 

751(a) of the Act in the month 

immediately following the Anniversary 

Month, upon request or upon its own 

initiative, to ensure that exports of 

Sugar from Mexico satisfy the 

requirements of sections 734(c)(1)(A) 

and (B) of the Act. The Department may 

conduct administrative reviews under 

sections 751(b) and (c), and 781 of the 

Act, as appropriate. The Department 

may perform verifications pursuant to 

administrative reviews conducted under 

section 751 of the Act. 

4. At any time it deems appropriate, 

and without prior notice, the 

Department will conduct verifications of 

persons or entities handling Signatory 

merchandise to determine whether they 

are selling Signatory merchandise in 

accordance with the terms of this 

Agreement. The Department will also 

conduct verifications at locations and 

times it deems appropriate to ensure 

compliance with the terms of this 

Agreement. 

C. Shipping and Other Arrangements 

1. All Reference Prices will be 

expressed in U.S. Dollars ($) per pound 

(lb.) by dry weight commercial value, in 

accordance with Appendix I of this 

Agreement. 

2. The parties to this Agreement 

acknowledge that under Mexican 

regulations, Mexican Sugar producers 

and exporters exporting to the United 

States will need to become Signatories 

to the Agreement. Signatories will fully 

comply with all requirements of 

Mexican regulations issued by the 

relevant Mexican authorities. 

For further information please see 

information in the links provided at the 

Department’s Web page, http://

enforcement.trade.gov/agreements/

index.html. 

3. Signatories agree not to take any 

action that would circumvent or 

otherwise evade, or defeat the purpose 

of, this Agreement. Signatories agree to 

undertake any measures that will help 

to prevent circumvention. 

4. Not later than 30 days after the end 

of each quarter, each Signatory will 

submit a written statement to the 

Department certifying that all sales 

during the most recently completed 

quarter were at net prices, after rebates, 

discounts, or other adjustments, at or 

above the Reference Prices in effect and 

were not part of or related to any act or 

practice which would have the effect of 

hiding the real price of the Sugar being 

sold. Further, each Signatory will certify 

in this same statement that all sales 

made during the relevant quarter were 

not part of or related to any bundling 

arrangement, discounts/free goods/

financing package, swap or other 

exchange where such arrangement is 

designed to circumvent the basis of the 

Agreement. Each Signatory that did not 

export Sugar to the United States during 

any given quarter will submit a written 

statement to the Department certifying 

that it made no sales to the United 

States during the most recently 

completed quarter. Each Signatory 

agrees to permit full verification of its 

certification as the Department deems 

necessary. Failure to provide a quarterly 

certification may be considered a 

violation of the Agreement. 

D. Rejection of Submissions 

The Department may reject: (1) Any 

information submitted after the 

deadlines set forth in this Agreement; 

(2) any submission that does not comply 

with the filing, format, translation, 

service, and certification of documents 

requirements under 19 CFR 351.303; (3) 

submissions that do not comply with 

the procedures for establishing business 

proprietary treatment under 19 CFR 

351.304; and (4) submissions that do not 

comply with any other applicable 

regulations, as appropriate. If 

information is not submitted in a 

complete and timely fashion or is not 

fully verifiable, the Department may use 

facts otherwise available for the basis of 

its decision, as it determines 

appropriate, consistent with section 776 

of the Act. 


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Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Notices 78043 

E. Consultations 

1. Compliance Consultations 

a. When the Department identifies, 

through import or compliance 

monitoring or otherwise, that sales may 

have been made at prices inconsistent 

with section VI of this Agreement, or 

that the sales are otherwise in 

circumvention of this Agreement, the 

Department will notify each Signatory 

which it believes is responsible or, if 

applicable, notify the Signatory’s 

representative. The Department will 

consult with each such party for a 

period of up to 60 days to establish a 

factual basis regarding sales that may be 

inconsistent with section VI of this 

Agreement. 

b. During the consultation period, the 

Department will examine any 

information that it develops or which is 

submitted, including information 

requested by the Department under any 

provision of this Agreement. 

c. If the Department is not satisfied at 

the conclusion of the consultation 

period that sales by such Signatory are 

being made in compliance with section 

VI of this Agreement, or that the sales 

are not circumventing this Agreement, 

the Department may evaluate under 

section 351.209 of its regulations, or 

section 751 of the Act whether this 

Agreement is being violated, as defined 

in section VIII of this Agreement, by 

such Signatory. 

If the Department concludes that sales 

by a Signatory have been made at prices 

inconsistent with section VI of this 

Agreement, or that sales are 

circumventing the Agreement, the 

Department shall take action, as 

warranted. The provisions of this 

section do not supersede the provisions 

of paragraphs VIII.A–VIII.C if the 

Department determines that the entries 

were made at prices inconsistent with 

section VI of this Agreement. 

2. Operations Consultations 

a. The Department will consult with 

the Signatories regarding the operation 

of this Agreement. A party to the 

Agreement may request such 

consultations, as necessary. 

b. Notwithstanding the previous 

paragraph, the parties may agree to 

revise the Reference Prices subject to 

consultations. 

VIII. Violations of the Agreement 

A. If the Department determines that 

there has been a violation of the 

Agreement or that the Agreement no 

longer meets the requirements of section 

734(c) or (d) of the Act, the Department 

shall take action it determines 

appropriate under section 734(i) of the 

Act and the Department’s regulations. 

B. Pursuant to section 734(i) of the 

Act, the Department will refer to CBP 

any violations of the Agreement that 

appear to be intentional. Any person 

who intentionally commits a violation 

of the Agreement shall be subject to a 

civil penalty assessed in the same 

amount, in the same manner, and under 

the same procedures as the penalty 

imposed for a fraudulent violation of 

section 592(a) of the Act. A fraudulent 

violation of section 592(a) of the Act is 

punishable by a civil penalty in an 

amount not to exceed the domestic 

value of the merchandise. For purposes 

of the Agreement, the domestic value of 

the merchandise will be deemed to be 

not less than the Reference Prices, as the 

Signatories agree to not sell the subject 

merchandise at prices that are less than 

the Reference Price and to ensure that 

sales of the subject merchandise are 

made consistent with the terms of the 

Agreement. 

C. In addition, the Department will 

examine the activities of Signatories and 

any other party to a sale subject to the 

Agreement to determine whether any 

activities conducted by any party aided 

or abetted another party’s violation of 

the Agreement. If any such parties are 

found to have aided or abetted another 

party’s violation of the Agreement, they 

shall be subject to the same civil 

penalties described in section VIII.B 

above. Signatories to this Agreement 

consent to release of all information 

presented to or obtained by the 

Department during the conduct of 

verifications with CBP and/or the 

USDA. 

D. The following activities shall be 

considered violations of the Agreement: 

1. Sales that are at net prices (after 

rebates, back-billing, discounts, and 

other claims) that are below the 

Reference Prices. 

2. Any act or practice which would 

have the effect of hiding the real price 

of the Sugar being sold. 

3. Any other material violation or 

breach, as determined by the 

Department. 

IX. Disclosure and Comment 

This section provides the terms for 

disclosure and comment following 

consultations or during segments of the 

proceeding not involving a review 

under section 751 of the Act. 

A. The Department may make 

available to representatives of each 

Interested Party, pursuant to and 

consistent with 19 CFR 351.304– 

351.306, any business proprietary 

information submitted to and/or 

collected by the Department pursuant to 

section VII of this Agreement, as well as 

the results of the Department’s analysis 

of that information. 

B. If the Department proposes to 

revise the Reference Price(s) as a result 

of consultations under this Agreement, 

the Department will disclose the 

preliminary Reference Price(s), 

including any calculation methodology, 

not less than 30 days before the date on 

which the price(s) would become final 

and effective. 

C. Interested Parties shall file all 

communications and other submissions 

made pursuant to section VII of the 

Agreement via the Department’s 

Antidumping and Countervailing Duty 

Centralized Electronic Service System 

(ACCESS), which is available to 

registered users at https://

access.trade.gov and to all parties at the 

following address: 

U.S. Department of Commerce, 

Central Records Unit, Room 7046, 

1401 Constitution Ave. NW., 

Washington, DC 20230 

Such communications and submissions 

shall be filed consistent with the 

requirements provided in 19 CFR 

351.303. 

X. Duration of the Agreement 

A. This Agreement has no scheduled 

termination date. Termination of the 

suspended investigation shall be 

considered in accordance with the fiveyear review provisions of section 751(c) 

of the Act, and section 351.218 of the 

Department’s regulations. 

B. The Signatories or the Department 

may terminate this Agreement at any 

time. Termination of the Agreement 

shall be effective no later than 60 days 

after the date written notice of 

termination is provided to the 

Department or the Signatories, 

respectively. 

C. Upon termination, the Department 

shall follow the procedures outlined in 

section 734(i)(1) of the Act. 

D. The Department will terminate this 

Agreement in the event that Signatories 

accounting for a significant proportion 

of exports of Sugar from Mexico request 

continuation of the antidumping 

investigation of Sugar from Mexico, or 

the GOM requests continuation of the 

countervailing duty investigation of 

Sugar from Mexico. 

XI. Other Provisions 

A. Upon request, the Department will 

advise any Signatory of the 

Department’s methodology for 

calculating its export price (or 

constructed export price) and normal 

value in accordance with the Act and 

the Department’s regulations and 


tkelley on DSK3SPTVN1PROD with NOTICES
78044 Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Notices 

2 If there are not commissions in both markets, 

then the Department will apply a commission 

offset. 

procedures, including but not limited 

to, the calculation methodologies 

described in Appendix II of this 

Agreement. 

B. By entering into the Agreement, the 

Signatories do not admit that exports of 

Sugar from Mexico are having or have 

had an injurious effect on Sugar 

producers in the United States, have 

caused the suppression or undercutting 

of prices, or have been sold at less than 

fair value. 

C. As of the Effective Date, the 

Department shall instruct CBP to refund 

any cash deposits collected as a result 

of the antidumping duty investigation 

on sugar from Mexico. The Department 

shall instruct CBP to terminate the 

suspension of liquidation consistent 

with section 734(f)(2)(B) of the Act. 

lllllllllllllllllll

Paul Piquado, 

Assistant Secretary for Enforcement and 

Compliance, 

U.S. Department of Commerce. 

lllllllllllllllllll

Date 

The following parties hereby certify 

that the producers and exporters of 

Sugar from Mexico that are members of 

their organization, and which have 

authorized the undersigned to sign this 

Agreement on their behalf, agree to 

abide by all terms of the Agreement: 

lllllllllllllllllll

Juan Cortina Gallardo, 

President, 

Ca ́mara Nacional de Las Industrias 

Azucarera y Alcoholera. 

lllllllllllllllllll

Date 

lllllllllllllllllll

Humberto Jasso Torres, 

Director General, 

Ca ́mara Nacional de Las Industrias 

Azucarera y Alcoholera. 

lllllllllllllllllll

Date 

Appendix I—Suspension of 

Antidumping Investigation—Sugar 

From Mexico—Reference Prices 

Consistent with the requirements of section 

734(c) of the Act, to eliminate completely the 

injurious effect of exports to the United 

States and to prevent the suppression or 

undercutting of price levels of domestic 

sugar, the Reference Prices are as follows: 

The FOB plant Reference Price for Refined 

Sugar is $0.2600 per pound by dry weight 

commercial value. 

The FOB plant Reference Price for all 

Other Sugar is $0.2225 per pound by dry 

weight commercial value. 

Appendix II—Suspension of 

Antidumping Investigation—Sugar 

From Mexico—Analysis of Prices at 

Less Than Fair Value 

A. Normal Value 

The cost or price information reported to 

the Department that will form the basis of the 

normal value (NV) calculations for purposes 

of the Agreement must be comprehensive in 

nature and based on a reliable accounting 

system (e.g., a system based on wellestablished standards and can be tied either 

to the audited financial statements or to the 

tax return filed with the Mexican 

government). 

1. Based on Sales Prices in the Comparison 

Market 

When the Department bases normal value 

on sales prices, such prices will be the prices 

at which the foreign like product is first sold 

for consumption in the comparison market in 

the usual commercial quantities and in the 

ordinary course of trade. Also, to the extent 

practicable, the comparison shall be made at 

the same level of trade as the export price 

(EP) or constructed export price (CEP). 

Calculation of NV: 

Gross Unit Price 

¥ Billing Adjustments 

¥ Movement Expenses 

¥ Discounts and Rebates 

¥ Direct Selling Expenses 

¥ Commissions 

¥H ome Market Packing Expenses 

= Normal Value (NV) 

2. Constructed Value 

When normal value is based on 

constructed value, the Department will 

compute constructed values (CVs), as 

appropriate, based on the sum of each 

respondent’s costs, plus amounts for selling, 

general and administrative expenses (SG&A), 

U.S. packing costs, and profit. The 

Department will collect this cost data in 

order to determine the accurate per-unit CV. 

Calculation of CV: 

+ Direct Materials 

+ Direct Labor 

+ Factory overhead 

= Cost of Manufacturing 

+ Home Market SG&A* 

= Cost of Production 

+ U.S. Packing 

+ Profit* 

= Constructed Value (CV) 

* SG&A and profit are based on homemarket sales of the foreign like product made 

in the ordinary course of trade. SG&A 

includes financing but not movement 

expenses. 

B. Export Price and Constructed Export Price 

EP and CEP refer to the two types of 

calculated prices for merchandise imported 

into the United States. Both EP and CEP are 

based on the price at which the subject 

merchandise is first sold to a person not 

affiliated with the foreign producer or 

exporter. 

Calculation of EP: 

Gross Unit Price 

¥ Movement Expenses 

¥ Discounts and Rebates 

+/¥ Billing Adjustments 

+ Packing Expenses 

+ Rebated Import Duties 

= Export Price (EP) 

Calculation of CEP: 

Gross Unit Price 

¥ Movement Expenses 

¥ Discounts and Rebates 

+/¥ Billing Adjustments 

¥ Direct Selling Expenses 

¥ Indirect Selling Expenses that relate to 

commercial activity in the United States 

¥ The cost of any further manufacture or 

assembly incurred in the United States 

¥ CEP Profit 

+ Rebated Import Duties 

¥ Commissions 

= Constructed Export Price (CEP) 

C. Fair Comparisons 

To ensure that a fair comparison with EP 

or CEP is made, the Department will make 

adjustments to normal value. The 

Department will adjust for physical 

differences between the merchandise sold in 

the United States and the merchandise sold 

in the home market. For EP sales, the 

Department will add in U.S. direct selling 

expenses, U.S. commissions 2 and packing 

expenses. For CEP sales, the Department will 

subtract the amount of the CEP offset, if 

warranted, and add in U.S. packing expenses. 

[FR Doc. 2014–30396 Filed 12–24–14; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–201–846] 

Sugar From Mexico: Suspension of 

Countervailing Duty Investigation 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

DATES: Effective Date: December 19, 

2014. 

SUMMARY: The Department of Commerce 

(‘‘the Department’’) has suspended the 

countervailing duty investigation on 

sugar from Mexico. The basis for this 

action is an agreement between the 

Department and the Government of 

Mexico (‘‘GOM’’), wherein the GOM has 

agreed not to provide any new or 

additional export or import substitution 

subsidies on the subject merchandise 

and has agreed to restrict the volume of 

direct or indirect exports to the United 

States of sugar from all Mexican 

producers/exporters in order to 

eliminate completely the injurious 

effects of exports of this merchandise to 

the United States. 


tkelley on DSK3SPTVN1PROD with NOTICES