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
Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Notices 78045 

FOR FURTHER INFORMATION CONTACT: 

Judith Wey Rudman or Sally Craig 

Gannon at (202) 482–0192 or (202) 482– 

0162, 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 a countervailing duty 

investigation under section 702 of the 

Tariff Act of 1930, as amended (‘‘the 

Act’’), to determine whether 

manufacturers, producers, or exporters 

of sugar from Mexico receive subsidies. 

See Sugar from Mexico: Initiation of 

Countervailing Duty Investigation, 79 FR 

22790 (April 24, 2014). On August 25, 

2014, the Department preliminarily 

determined that countervailable 

subsidies are being provided to 

producers and exporters of sugar from 

Mexico and aligned the final 

countervailing duty determination with 

the final antidumping duty 

determination. See Sugar from Mexico: 

Preliminary Affirmative Countervailing 

Determination and Alignment of Final 

Countervailing Duty Determination With 

Final Antidumping Duty Determination, 

79 FR 51956 (September 2, 2014) 

(‘‘Preliminary Determination’’). 

On October 27, 2014, the Department 

and the GOM initialed a proposed 

agreement to suspend the countervailing 

duty investigation on sugar from 

Mexico. After initialing the proposed 

agreement, consistent with 704(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 

704(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 

Countervailing Duty Investigation on 

Sugar from Mexico,’’ dated October 27, 

2014. On October 30, 2104, 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 

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 the GOM signed 

the suspension agreement on December 

19, 2014. See Agreement Suspending 

the Countervailing 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 

parties to the proceeding and has 

considered the comments submitted by 

interested parties with respect to the 

proposal to suspend the countervailing 

duty investigation. In accordance with 

section 704(c) of the Act, we have 

determined that extraordinary 

circumstances are present in this case, 

as defined by section 704(c)(4) of the 

Act. See the memorandum titled 

‘‘Agreement Suspending the 

Countervailing Duty Investigation on 

Sugar from Mexico: 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 

that: (1) The GOM will not provide any 

new or additional export or import 

substitution subsidies on the subject 

merchandise; and (2) the GOM will 

restrict the volume of direct or indirect 

exports to the United States of subject 

merchandise from all Mexican 

producers/exporters. 

Following consultations under section 

704(a)(2)(C) of the Act, we have also 

determined that the Suspension 

Agreement is in the public interest and 

can be monitored effectively, as 

required under section 704(d) of the 

Act. See statutory requirements 

memorandum. 

For the reasons outlined above, we 

find that the Suspension Agreement 

meets the criteria of section 704(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 704(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 704(h)(3) of the Act. Section 

704(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 to zero. If there is no request 

for review of suspension under section 

704(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 704(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 704(g) of the Act. Pursuant to 

Section XI of the Suspension 

Agreement, the Department will 

terminate the Suspension Agreement in 

the event that the GOM requests 

continuation of this investigation, or 

signatories accounting for a significant 

proportion of exports of sugar from 

Mexico request continuation of the 

antidumping investigation of sugar from 

Mexico, and will resume the 

investigation. 


tkelley on DSK3SPTVN1PROD with NOTICES
78046 Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Notices 

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. 

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 

704(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. 

Attachment 

AGREEMENT SUSPENDING THE 

COUNTERVAILING DUTY 

INVESTIGATION ON SUGAR FROM 

MEXICO 

Pursuant to the requirements of 

section 704(c) of the Tariff Act of 1930, 

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

1671c(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 

Government of Mexico (GOM), through 

the Secretaria de Economia, enter into 

this agreement suspending the 

countervailing 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 

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– 

UGDNZRGBSA–N; 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. ‘‘Base Export Limit’’ means the 

amount of Sugar allocated to producers 

and exporters of Sugar in Mexico at the 

beginning of each Export Limit Period. 

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

which the product is exported from 

Mexico to the United States. 

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

which the Department and the GOM 

sign the Agreement. 

E. ‘‘Export License’’ means the 

document issued by the GOM’s export 

license issuing authority, pursuant to 

Section VI of the Agreement. 

F. ‘‘Export Limit’’ means the quantity 

of Mexican Sugar permitted to be 

exported, based on the Date of Export, 

during a given Export Limit Period. 

G. ‘‘Export Limit Period’’ means one 

of the following periods: 

1. ‘‘Initial Export Limit Period’’ covers 

entries of Sugar entered, or withdrawn 

from warehouse for consumption, 

between the Effective Date and 

September 30, 2015. 

2. ‘‘Subsequent Export Limit Period’’ 

covers entries of Sugar entered, or 

withdrawn from warehouse for 

consumption, in each subsequent period 

from October 1 through September 30. 

H. ‘‘Interested Party’’ means any 

person or entity that meets the 

definitions in section 771(9) of the Act. 

I. ‘‘Indirect Exports’’ means exports of 

Sugar from Mexico to the United States 

through one or more Third Countries, 

whether or not such exports are further 

processed, provided that the further 

processing does not result in a 

substantial transformation or a change 

in the country of origin, as determined 

by the Department. 

J. ‘‘Mexico’’ means the customs 

territory of the United Mexican States 

and foreign trade zones located within 

the territory of Mexico. 

K. ‘‘Other Sugar’’ means Sugar that 

does not meet the definition of Refined 

Sugar under this Agreement. 

L. ‘‘Refined Sugar’’ means Sugar with 

a polarity of 99.5 and above. 

M. ‘‘Sugar’’ means the product 

described under Section I, ‘‘Product 

Coverage,’’ of the Agreement. 

N. ‘‘Target Quantity of U.S. Needs’’ 

means 100 percent of U.S. Needs, as 

defined below. 

O. ‘‘Third Country’’ or ‘‘Third 

Countries’’ mean any country other than 

the United States or Mexico, including 

any customs territory or free trade zone 

administered, governed, or controlled 

by such country. 

P. ‘‘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. 


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Notices 78047 

Q. ‘‘USDA’’ means the United States 

Department of Agriculture. 

R. ‘‘U.S. Needs’’ is calculated based 

on information in the WASDE 

published by USDA and means: 

(Total Use * 1.135) ¥ Beginning Stocks 

¥ Production ¥ TRQ Imports ¥ 

Other Program Imports ¥ (Footnote 

5 for ‘‘other high tier’’ + ‘‘other’’) 

S. ‘‘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. 

T. ‘‘WASDE’’ means the ‘‘World 

Agriculture Supply and Demand 

Estimates’’ published by the USDA. 

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 704(c)(1) and (3) of the Act 

and 19 CFR 351.208, the Department 

will suspend its countervailing duty 

investigation on Sugar from Mexico 

initiated on April 17, 2014. See Sugar 

from Mexico: Initiation of 

Countervailing Duty Investigation, 79 FR 

22,790 (Apr. 24, 2014). 

IV. Statutory Conditions for the 

Agreement 

In accordance with section 704(c)(1) 

and (4) 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 

the investigation is complex. 

In accordance with section 704(d)(1) 

of the Act, the Department has 

determined 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 704(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. 

V. Export Limits 

No Sugar covered by the Agreement, 

whether exported directly or indirectly 

from Mexico, shall be entered into the 

United States unless, when cumulated 

with all prior entries of Sugar exported 

from Mexico during the Export Limit 

Period in which the Sugar was exported, 

it does not exceed the applicable Export 

Limit set forth below. All exports of 

Sugar from Mexico that enter the United 

States will be counted against the 

Export Limit established for the 

applicable Export Limit Period. 

A. The Export Limit for the Initial 

Export Limit Period shall be calculated 

using the formula provided in Section 

V.B, beginning with the December 

allocation in Section V.B.2. The 

restriction in Section V.C.2 below shall 

apply, and the March allocation in 

Section V.B.3 applies. 

B. The Export Limit for each 

Subsequent Export Limit Period will be 

seventy (70) percent of the Target 

Quantity of U.S. Needs as calculated 

based on the July WASDE preceding the 

beginning of the Export Limit Period. 

The Export Limit will be effective 

October 1. The Export Limit may be 

increased in the following manner: 

1. In September of each Subsequent 

Export Limit Period, the Department 

will determine if there is a need for 

additional Sugar in the U.S. market 

beyond the Export Limit calculated in 

July. The Department will calculate the 

Target Quantity of U.S. Needs based on 

information in the September WASDE. 

Effective October 1, the Export Limit 

shall be revised to equal seventy (70) 

percent of the Target Quantity of U.S. 

Needs, unless that amount is less than 

or equal to the Export Limit announced 

in July, in which case the Export Limit 

shall not change. 

2. In December of each Subsequent 

Export Limit Period, the Department 

will determine if there is a need for 

additional Sugar in the U.S. market 

beyond the Export Limit calculated in 

September. The Department will 

calculate the Target Quantity of U.S. 

Needs based on information in the 

December WASDE. Effective January 1, 

the Export Limit shall be revised to 

equal eighty (80) percent of the Target 

Quantity of U.S. Needs, unless that 

amount is less than or equal to the 

Export Limit announced in September, 

in which case the Export Limit shall not 

change. 

3. In March of each Subsequent 

Export Limit Period, the Department 

will determine if there is a need for 

additional Sugar in the U.S. market 

beyond the Export Limit calculated in 

December. The Department will 

calculate the Target Quantity of U.S. 

Needs based on information in the 

March WASDE. Effective April 1, the 

Export Limit shall be revised to equal 

100 percent of the Target Quantity of 

U.S. Needs, unless the amount is less 

than or equal to the Export Limit 

announced in December, in which case 

the Export Limit shall not change. 

4. Prior to April 1 of any Export Limit 

Period, the Department may increase the 

Export Limit to address potential 

shortages in the U.S. market that are 

identified by USDA, in writing. After 

April 1, if USDA informs the 

Department, in writing, of any 

additional need for Sugar from Mexico, 

the Department may increase the Export 

Limit based upon USDA’s request. 

C. The following restrictions on 

shipping patterns for exports of Sugar 

from Mexico to the United States shall 

also apply. 

1. No more than 30 percent of U.S. 

Needs calculated in each July and 

effective October 1 may be exported to 

the United States during the period 

October 1 through December 31. 

2. No more than 55 percent of U.S. 

Needs calculated in each December and 

effective January 1 may be exported to 

the United States during the period 

October 1 through March 31. 

3. Refined Sugar may account for no 

more than 53 percent of the exports 

during any given Export Limit Period. 

D. If any Sugar from Mexico is entered 

into the United States in excess of the 

Export Limit established for the relevant 

Export Limit Period or without a valid 

Export License, the Department shall 

consult with the GOM and request that 

the GOM reduce the export allocation 

for the producer/exporter involved by 

twice the volume of the entry. If the 

export allocation has been reached for 

the producer/exporter for the relevant 

Export Limit Period, twice the volume 

of the entry will be subtracted from the 

producer/exporter’s allocation in the 

next Export Limit Period. If the entry 

cannot be tied to a specific producer/

exporter, the Department may reduce 

the Export Limit that is effective April 

1 by twice the volume of the entry. 

E. Subsequent to the publication of 

the March WASDE but prior to March 

31 of each Export Limit Period, the 

GOM will inform the Department if 

there is any amount of U.S. Needs that 

exporters of Sugar from Mexico will be 


tkelley on DSK3SPTVN1PROD with NOTICES
78048 Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Notices 

unable to supply during the second half 

of the Export Limit Period. The 

Department will adjust the Export Limit 

downward by any amount that Mexico 

cannot supply. Mexico agrees that, if it 

cannot satisfy Mexico’s needs using 

Mexican production, it will not supply 

those needs with imports from a Third 

Country or Countries for the purpose of 

filling the Export Limit with Sugar from 

Mexico. If the Department receives 

information that Mexico may have 

imported Sugar from a Third Country or 

Countries for this purpose during any 

Export Limit Period, the Department 

will hold consultations with the GOM 

in determining appropriate action, as 

warranted. 

F. The GOM and the Department shall 

hold consultations regarding the GOM’s 

compliance with the provisions of this 

section consistent with Section VIII.D.2 

of the Agreement. 

VI. Implementation 

A. On and after 60 days from the 

Effective Date, presentation of a 

shipment-specific Export License is 

required as a condition for entry of 

Sugar from Mexico into the United 

States. Pursuant to 19 CFR 351.208(i), 

the Department will instruct U.S. 

Customs and Border Protection (CBP) to 

prohibit the entry of any Sugar from 

Mexico not accompanied by an Export 

License. 

B. Export Licenses will be shipmentspecific and must contain the 

information identified in Appendix I. 

Additional information may be included 

on the Export License or, if necessary, 

a separate page attached to the Export 

License. If the bills of lading for each 

shipment establish that the actual 

imports into the United States under 

that license were less than the total 

volume listed on the license, the GOM 

shall notify the Department in writing 

that the GOM intends to issue a new 

Export License in the same Export Limit 

Period authorizing additional exports 

equal in volume to the volume of the 

undershipment. 

C. The GOM will ensure compliance 

with all of the provisions of the 

Agreement. To ensure such compliance, 

the GOM will take the following 

measures: 

1. Ensure that no Sugar is exported 

from Mexico for entry into the United 

States during any Export Limit Period 

that exceeds the Export Limit for that 

Export Limit Period. 

2. Establish an Export Limit licensing 

and enforcement program for all direct 

and indirect exports of Sugar from 

Mexico to the United States no later 

than 60 days after the Effective Date. 

Export Licenses shall contain all 

information described in Appendix I of 

the Agreement. 

3. Require that applications for Export 

Licenses contain all of the information 

listed in Appendix I of the Agreement. 

4. Refuse to issue an Export License 

to any applicant that does not permit 

full verification and reporting under the 

Agreement of all of the information in 

the application. 

5. Issue Export Licenses sequentially, 

charged against the Export Limit for the 

relevant Export Limit Period, and 

reference any notice of the Export Limit 

allocation for the relevant Export Limit 

Period. Export Licenses shall remain 

valid for entry into the United States for 

90 days. The Department and the GOM 

may agree to an extension of the validity 

of the Export License in extraordinary 

circumstances. 

6. Permit full verification of all 

information related to the 

administration of the Agreement on an 

annual basis or more frequently, as 

deemed necessary. 

7. Ensure compliance with all 

procedures established to effectuate the 

Agreement by any official Mexican 

institution, chamber, or other 

authorized Mexican company, and any 

Mexican producer, exporter, broker, and 

trader of Sugar. 

8. Impose strict measures, such as 

prohibition from participation in the 

Export Limit allocation allowed by the 

Agreement, in the event that any 

Mexican company does not comply in 

full with the requirements established 

by the GOM pursuant to the Agreement. 

D. The GOM and the Department shall 

hold consultations regarding the GOM’s 

compliance with the provisions of this 

section consistent with Section VIII.D.1 

of the Agreement. 

VII. Anti-Circumvention 

A. The GOM will take all necessary 

measures to prevent circumvention of 

the Agreement. These measures shall 

include requiring that all Mexican 

exporters of Sugar agree, as a condition 

of receiving any Export License under 

the Agreement, not to export directly or 

indirectly to the United States Sugar 

that is not accompanied by an Export 

License issued pursuant to the 

Agreement and that each such Mexican 

exporter provide the GOM with a 

certification that it has required all of its 

customers to agree, as part of the terms 

of sale, not to engage in any 

circumvention activities specified by 

this Agreement. Circumvention 

activities may include exporting Sugar 

from Mexico: (1) in excess of the Export 

Limit in any given Export Limit Period; 

(2) without an Export License; and (3) 

in a manner that requires Mexico to 

satisfy its needs with imports of sugar 

from a Third Country or Countries. 

Circumvention activities may also 

include, but are not limited to, any 

bundling arrangement, swap or other 

exchange where such arrangement is 

designed to circumvent the basis of the 

Agreement. 

1. If the GOM receives an allegation 

that circumvention has occurred, 

including an allegation from the 

Department, the GOM shall promptly 

initiate an inquiry, normally complete 

the inquiry within 45 days and notify 

the Department of the results of the 

inquiry within 15 days after the 

conclusion of the inquiry. 

2. If the GOM determines that a 

Mexican company has participated in a 

transaction circumventing the 

Agreement, the GOM shall impose 

penalties upon such company 

including, but not limited to, denial of 

access to an Export License for Sugar 

under the Agreement. 

3. If the GOM determines that a 

Mexican company has participated in 

the circumvention of the Agreement, the 

GOM shall count against the Export 

Limit for the Export Limit Period in 

which the circumvention took place an 

amount of Sugar equivalent to the 

amount involved in such circumvention 

and shall immediately notify the 

Department of the amount deducted. If 

a sufficient amount is not available in 

the current Export Limit Period, then 

the remaining amount shall be deducted 

from the subsequent Export Limit 

Period or Periods. 

B. The Department will investigate 

any allegations of circumvention which 

are brought to its attention both by 

asking the GOM to investigate such 

allegations and by itself gathering 

relevant information. The GOM will 

respond to requests from the 

Department for information relating to 

such allegations. In distinguishing 

normal arrangements from those which 

would result in the circumvention of a 

given Export Limit established by the 

Agreement, the Department will take the 

following factors into account, as 

deemed appropriate: 

1. Existence of any verbal or written 

agreement leading to circumvention of 

the Agreement; 

2. Existence and function of any 

subsidiaries or affiliates of the parties 

involved; 

3. Existence and function of any 

historical and traditional patterns of 

production and trade among the parties 

involved, and any deviation from such 

patterns; 

4. Existence of any payments 

unaccounted for by previous or 

subsequent deliveries, or any payments 


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Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Notices 78049 

to one party for Sugar delivered or 

swapped by another party; 

5. Sequence and timing of the 

arrangements; and 

6. Any other information relevant to 

the transaction or circumstances. 

C. The GOM and the Department shall 

hold consultations regarding anticircumvention consistent with Section 

VIII.D.3 of the Agreement. 

VIII. Monitoring of the Agreement 

A. Import Monitoring 

1. The Department will monitor 

entries of Sugar from Mexico to ensure 

compliance with Section V of the 

Agreement. 

2. The Department will review 

publicly available data and other official 

import data, including, as appropriate, 

records maintained by CBP, to 

determine whether there have been 

imports that are inconsistent with the 

provisions of the Agreement. The 

Department also intends to consult with 

USDA regarding monthly information 

submitted by processors, refiners, and 

importers of Sugar from Mexico. 

3. The Department will review, as 

appropriate, data it receives through any 

data exchange program between U.S. 

and Mexican government agencies, to 

determine whether there have been 

imports that are inconsistent with the 

provisions of the Agreement. 

4. The Department agrees to discuss 

with CBP additional mechanisms that 

may be established and administered by 

CBP to monitor entries of Sugar. 

B. Compliance Monitoring 

1. The GOM will collect and provide 

to the Department such information as 

is necessary and appropriate to monitor 

the implementation of, and compliance 

with, the Agreement, including the 

following: 

a. Within 30 days following the date 

that the GOM allocates the Export Limit 

for any Export Limit Period, the GOM 

shall notify the Department of each 

allocation recipient and the volume 

granted to each recipient. The GOM also 

shall inform the Department of any 

changes in the volume allocated to 

individual recipients within 30 days of 

the date on which such changes become 

effective. 

b. The GOM shall collect and provide 

to the Department information on 

exports to the United States in the 

format in Appendix II to the Agreement 

and, if requested, on the aggregate 

quantity and value of exports of Sugar 

to Third Countries. This information 

will be provided on a monthly basis as 

specified in Appendix II, and will be 

provided no later than 60 days 

following the end of each month, 

beginning on February 1, 2015 (for the 

period from the Effective Date through 

December 31, 2015). If the Department 

has concerns with the shipments of a 

particular exporter, upon request, the 

GOM will provide information related 

to that exporter on an expedited basis. 

c. The GOM and the Department 

recognize that the effective monitoring 

of the Agreement may require the GOM 

to provide information in addition to 

that identified in the Agreement. 

Accordingly, after consulting with the 

GOM, the Department may request 

additional reporting requirements 

consistent with U.S. law and regulations 

during the course of the Agreement. The 

GOM shall also collect and provide to 

the Department, generally within 60 

days of the request, any such additional 

information requested by the 

Department. 

2. The Department has the authority 

to verify all information related to the 

administration of the Agreement, 

including all information relating to 

potential circumvention of the 

Agreement, annually or more frequently 

as deemed necessary. The Department 

will conduct verifications at locations 

and times it deems appropriate to 

ensure compliance with the terms of the 

Agreement. 

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 section 704(c)(1) and (3) 

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. 

C. Rejection of Submissions 

The Department may reject: (1) any 

information submitted after the 

deadlines set forth in the 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. 

D. Consultations 

1. Implementation Consultations 

a. If the GOM notifies the Department 

in writing, or the Department otherwise 

determines, that the GOM for any reason 

has not satisfied the implementation 

obligations in Section VI of the 

Agreement, the Department will consult 

with the GOM for a period of up to 60 

days to ensure that the GOM complies 

with those obligations within those 60 

days. 

b. If the Department is not satisfied at 

the conclusion of the consultation 

period that exports of Sugar from 

Mexico are entering the United States in 

amounts consistent with the Agreement, 

or entered with a valid Export License, 

the Department may evaluate under 

section 351.209 of its regulations, or 

section 751 of the Act, whether the 

Agreement is being violated, as defined 

in Section IX of the Agreement. 

2. Compliance Consultations 

a. When the Department identifies, 

through import or compliance 

monitoring or otherwise, that exports of 

Sugar from Mexico may have entered 

the United States in volumes 

inconsistent with Section V of the 

Agreement, or without an Export 

License, the Department will notify the 

GOM. The Department will consult with 

the GOM for a period of up to 60 days 

to establish a factual basis regarding 

exports that may be inconsistent with 

Section V of the 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 the Agreement. 

c. If the Department is not satisfied at 

the conclusion of the consultation 

period that exports of Sugar from 

Mexico are entering the United States in 

amounts consistent with the Agreement, 

or entered with a valid Export License, 

the Department may evaluate under 

section 351.209 of its regulations, or 

section 751 of the Act whether the 

Agreement is being violated, as defined 

in Section IX of the Agreement. 

3. Anti-Circumvention Consultations 

a. If the GOM determines that a 

company from a Third Country has 

circumvented the Agreement and the 

Department and the GOM agree that no 

Mexican company participated in or 

had knowledge of such activities, then 

the Department and the GOM shall hold 

consultations for the purpose of sharing 

information regarding such 


tkelley on DSK3SPTVN1PROD with NOTICES
78050 Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Notices 

circumvention and reaching mutual 

agreement on the appropriate measures 

to be taken to eliminate such 

circumvention. If the Department and 

the GOM are unable to reach mutual 

agreement within 45 days, then the 

Department may take appropriate 

measures, such as deducting the amount 

of Sugar involved in such 

circumvention from the Export Limit for 

the current Export Limit Period or a 

subsequent Export Limit Period. Before 

taking such measures, the Department 

will notify the GOM of the facts and 

reasons constituting the basis for the 

Department’s intended action and will 

afford the GOM 15 days in which to 

comment. Alternatively, the Department 

may evaluate under section 351.209 of 

its regulations, or section 751 of the Act 

whether the Agreement is being 

violated, as defined in Section IX of the 

Agreement. 

b. In the event that the Department 

determines that a Mexican company has 

participated in a transaction 

circumventing the Agreement, the 

Department and the GOM shall hold 

consultations for the purpose of sharing 

evidence regarding such circumvention 

and reaching mutual agreement on an 

appropriate resolution of the problem. If 

the Department and the GOM are unable 

to reach mutual agreement within 60 

days, the Department may take 

appropriate measures, such as 

deducting the amount of Sugar involved 

in such circumvention from the Export 

Limit for the current Export Limit 

Period (or, if necessary, the subsequent 

Export Limit Period) or instructing U.S. 

Customs and Border Protection to deny 

entry to any Mexican Sugar sold by the 

company found to be circumventing the 

Agreement. Before taking such 

measures, the Department will notify 

the GOM of the basis for the 

Department’s intended action and the 

GOM will comment within 30 days. The 

Department will enter its 

determinations regarding circumvention 

into the record of the Agreement. 

Alternatively, the Department may 

evaluate under section 351.209 of its 

regulations or section 751 of the Act 

whether the Agreement is being 

violated, as defined in Section IX of the 

Agreement. 

4. Operations Consultations 

The Department will consult with the 

GOM regarding the operation of the 

Agreement. The Department or the GOM 

may request such consultations at any 

time, including consultations to revise 

the formula to establish the Export 

Limit. 

IX. 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 

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

shall take action it determines 

appropriate under section 704(i) of the 

Act and the Department’s regulations. 

B. The following activities shall be 

considered violations of the Agreement: 

1. Exports of Sugar from Mexico in 

amounts greater than the Export Limit 

established in the relevant Export Limit 

Period. 

2. A significant amount (i.e., 5 percent 

or more of the Export Limit for the 

relevant Export Limit Period) of Sugar 

from Mexico exported to the United 

States without an Export License that is 

not reported by the GOM to the 

Department. 

3. Any other material violation or 

breach, as determined by the 

Department. 

X. 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, business proprietary 

information submitted to and/or 

collected by the Department pursuant to 

the Agreement, as well as the results of 

the Department’s analysis of that 

information. 

B. Under this section, the GOM and 

any other Interested Party shall file all 

communications and other submissions 

via the Department’s Antidumping and 

Countervailing Duty Centralized 

Electronic Service System (ACCESS), 

which is available to registered users at 

http://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. 

XI. Duration of the Agreement 

A. The 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 GOM or the Department may 

terminate the 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 GOM, 

respectively. 

C. Upon termination, the Department 

shall follow the procedures outlined in 

section 704(i)(1) of the Act. 

D. The Department will terminate the 

Agreement in the event that the GOM 

requests continuation of the 

countervailing duty investigation of 

Sugar from Mexico, or Signatories 

accounting for a significant proportion 

of exports of Sugar from Mexico request 

continuation of the antidumping 

investigation of Sugar from Mexico. 

XII. Other Provisions 

A. By entering into the Agreement, 

the GOM does not admit that exports of 

Sugar from Mexico are having or have 

had an injurious effect on Sugar 

producers in the United States or that 

the GOM has provided countervailable 

subsidies to sugar producers and 

exporters in Mexico. The GOM agrees 

that it will not provide any new or 

additional export or import substitution 

subsidies on Sugar. 

B. As of the Effective Date, the 

Department shall instruct U.S. Customs 

and Border Protection to refund any 

cash deposits collected as a result of the 

countervailing duty investigation on 

Sugar from Mexico. The Department 

shall instruct CBP to terminate the 

suspension of liquidation consistent 

with section 704(f)(2)(B) of the Act. 

lllllllllllllllllll

Paul Piquado, Assistant Secretary for 

Enforcement and Compliance, U.S. 

Department of Commerce 

lllllllllllllllllll

Date 

lllllllllllllllllll

Francisco de Rosenzweig Mendialdua, 

Undersecretary for Foreign Trade, 

Ministry of Economy, Government of 

Mexico 

lllllllllllllllllll

Date 

Appendix I—Information To Be 

Contained in Export Licenses 

The GOM will issue shipment-specific 

Export Licenses to Mexican entities that shall 

contain the following fields: 

1. Export License Number: Indicate the 

Export License number for the shipment. 

2. Name of the Licensee: Indicate the name 

of the Licensee, and the name of the mill, if 

different from the Licensee. 

3. Name of the Exporter: Indicate the name 

of the broker/trader or mill, as applicable. 

4. Complete Description of Merchandise: 

Include the applicable Harmonized Tariff 


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Notices 78051 

1See Certain Steel Nails From India, the Republic 

of Korea, Malaysia, the Sultanate of Oman, Taiwan, 

the Republic of Turkey, and the Socialist Republic 

of Vietnam: Initiation of Less-Than-Fair-Value 

Investigations, 79 FR 36019 (June 25, 2014) 

(‘‘Initiation Notice’’). 

2See Certain Steel Nails from the Republic of 

Korea, Malaysia, Taiwan, the Sultanate of Oman, 

Taiwan, and the Socialist Republic of Vietnam: 

Postponement of Preliminary Determination of 

Antidumping Duty Investigations, 79 FR 63082 

(October 22, 2014). 

3The scope language has not changed from that 

in the Initiation Notice. 

4See memorandum to Ronald K. Lorentzen, 

‘‘Decision Memorandum for the Preliminary 

Determination in the Antidumping Duty 

Investigation of Certain Steel Nails from the 

Republic of Korea,’’ (‘‘Preliminary Decision 

Memorandum’’) dated concurrently with and 

hereby adopted by this notice. A list of the topics 

discussed in the Preliminary Decision 

Memorandum appears in Appendix II, below. 

5On November 24, 2014, Enforcement and 

Compliance changed the name of the Import 

Administration AD and CVD Centralized Electronic 

Service System (‘‘IA ACCESS’’) to AD and CVD 

Centralized Electronic Service System (‘‘ACCESS’’). 

The Web site location was changed from http:// 

iaaccess.trade.gov to http://access.trade.gov. See 

Enforcement and Compliance; Change of Electronic 

Filing System Name, 79 FR 69046 (November 20, 

2014). 

Schedule category and the polarity of the 

product. 

5. Processing: Indicate ‘‘YES’’ if the Sugar 

is being imported for further processing in 

the United States by a USDA-recognized cane 

refiner and ‘‘NO’’ if it is not. 

6. Quantity: Indicate in metric tons raw 

value and short tons raw value. 

7. Date of Export License: Date that the 

Export License is issued. 

8. Date of Expiration of the Export License: 

Indicate the date that the Export License 

expires. 

9. Port of Export: Indicate the port of 

export. 

10. Allocation to Mill: Indicate the total 

amount of the Export Limit allocated to the 

individual mill during the relevant Export 

Limit Period. 

11. Allocation Remaining: Indicate the 

remaining amount available under the 

allocation to the individual mill during the 

relevant Export Limit Period. 

Appendix II—Information on Exports 

of Sugar From Mexico 

In accordance with the established format, 

the GOM’s license issuing authority shall 

collect and provide to the Department all 

information necessary to ensure compliance 

with the Agreement. This information will be 

provided to the Department on monthly 

basis. The GOM’s license issuing authority 

will collect and maintain data on exports to 

the United States on a continuous basis. Data 

for exports to countries other than the United 

States will be reported upon request. The 

GOM’s license issuing authority may provide 

a narrative explanation to substantiate all 

data collected in accordance with the 

following formats. 

The GOM’s license issuing authority will 

provide a report or summary regarding all 

Export Licenses issued to entities, which 

shall contain the following information 

unless the information is unknown to the 

licensing authority and the licensee. Upon 

request, the GOM will provide copies of any 

Export License to the Department. 

1. Export License Number: Indicate the 

Export License number for the shipment. 

2. Name of the Licensee: Indicate the name 

of the Licensee, and the name of the mill, if 

different from the Licensee. 

3. Name of the Exporter: Indicate the name 

of the broker/trader or mill, as applicable. 

4. Complete Description of Merchandise: 

Include the applicable Harmonized Tariff 

Schedule category and the polarity of the 

product. 

5. Processing: Indicate ‘‘YES’’ if the Sugar 

is being imported for further processing in 

the United States by a USDA-recognized cane 

refiner and ‘‘NO’’ if it is not. 

6. Quantity: Indicate in metric tons raw 

value and short tons raw value. 

7. Date of Export License: Date that the 

Export License is issued. 

8. Date of Expiration of the Export License: 

Indicate the date that the Export License 

expires. 

9. Port of Export: Indicate the port of 

export. 

10. Allocation to Mill: Indicate the total 

amount of the Export Limit allocated to the 

individual mill during the relevant Export 

Limit Period. 

11. Allocation Remaining: Indicate the 

remaining amount available under the 

allocation to the individual mill during the 

relevant Export Limit Period. 

[FR Doc. 2014–30392 Filed 12–24–14; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–580–874] 

Certain Steel Nails From the Republic 

of Korea: Affirmative Preliminary 

Determination of Sales at Less Than 

Fair Value and Postponement of Final 

Determination 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(‘‘Department’’) preliminarily 

determines that certain steel nails 

(‘‘nails’’) from the Republic of Korea 

(‘‘Korea’’) are being, or are likely to be, 

sold in the United States at less than fair 

value (‘‘LTFV’’), as provided in section 

733(b) of the Tariff Act of 1930, as 

amended (the ‘‘Act’’). The period of 

investigation is April 1, 2013, through 

March 31, 2014. The estimated 

weighted-average dumping margins are 

shown in the ‘‘Preliminary 

Determination’’ section of this notice. 

Interested parties are invited to 

comment on this preliminary 

determination. We intend to issue the 

final determination 135 days after 

publication of this preliminary 

determination in the Federal Register. 

DATES: Effective Date: December 29, 

2014. 

FOR FURTHER INFORMATION CONTACT: 

Jamie Blair-Walker or Drew Jackson, 

AD/CVD Operations, Office IV, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Avenue NW., 

Washington, DC 20230; telephone: (202) 

482–2615 or (202) 482–4406, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

The Department published the notice 

of initiation of this investigation on June 

25, 2014.1 Pursuant to section 

733(c)(1)(A) of the Act, the Department 

postponed this preliminary LTFV 

determination by 42 days until 

December 17, 2014.2

Scope of the Investigation 

The product covered by this 

investigation is certain steel nails from 

Korea. For a full description of the 

scope of the investigation, see Appendix 

I to this notice.3

Scope Comments 

Several interested parties (i.e., IKEA 

Supply AG and IKEA Distributions 

Services Inc. (collectively ‘‘IKEA’’), 

Target Corporation, and The Home 

Depot) submitted comments to the 

Department on the scope of the 

investigation as it appeared in the 

Initiation Notice, and Mid Continent 

Steel & Wire, Inc. (‘‘Petitioner’’) 

submitted rebuttal comments. For 

discussion of those comments and 

rebuttal comments, see the Preliminary 

Decision Memorandum.4

Methodology 

The Department conducted this 

investigation in accordance with section 

731 of the Act. Export price (‘‘EP’’) and 

constructed export price (‘‘CEP’’) have 

been calculated in accordance with 

section 772 of the Act. Normal value 

(‘‘NV’’) has been calculated in 

accordance with section 773 of the Act. 

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 made available 

to the public via Enforcement and 

Compliance’s Antidumping and 

Countervailing Duty Centralized 

Electronic Service System (ACCESS).5

ACCESS is available to registered users 

at https://access.trade.gov, and is 


tkelley on DSK3SPTVN1PROD with NOTICES