[Federal Register Volume 90, Number 40 (Monday, March 3, 2025)]
[Notices]
[Pages 11062-11065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-03282]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-513 and 731-TA-1249 (Second Review)]
Sugar From Mexico; Institution of Five-Year Reviews
AGENCY: United States International Trade Commission.
ACTION: Notice.
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SUMMARY: The Commission hereby gives notice that it has instituted
reviews pursuant to the Tariff Act of 1930 (``the Act''), as amended,
to determine whether termination of the suspended investigations on
sugar from Mexico would be likely to lead to continuation or recurrence
of material injury. Pursuant to the Act, interested parties are
requested to respond to this notice by submitting the information
specified below to the Commission.
DATES: Instituted March 3, 2025. To be assured of consideration, the
deadline for responses is April 2, 2025. Comments on the adequacy of
responses may be filed with the Commission by May 14, 2025.
FOR FURTHER INFORMATION CONTACT: Rachel Devenney (202-205-3172), Office
of Investigations, U.S. International Trade Commission, 500 E Street
SW, Washington, DC 20436. Hearing-impaired persons can obtain
information on this matter by contacting the Commission's TDD terminal
on 202-205-1810. Persons with mobility impairments who will need
special assistance in gaining access to the Commission should contact
the Office of the Secretary at 202-205-2000. General information
concerning the Commission may also be obtained by accessing its
internet server (https://www.usitc.gov). The public record for this
proceeding may be viewed on the Commission's electronic docket (EDIS)
at https://edis.usitc.gov.
[[Page 11063]]
SUPPLEMENTARY INFORMATION:
Background.--On December 19, 2014, the Department of Commerce
(``Commerce'') suspended the antidumping and countervailing duty
investigations on imports of sugar from Mexico (79 FR 78039 and 78044,
December 29, 2014). On January 16, 2015, Commerce received timely
requests pursuant to sections 734(g) and 704(g) of the Act, as amended
(19 U.S.C. 1673c(g), 1671c(g)), to continue the antidumping and
countervailing duty investigations on sugar from Mexico. Commerce
resumed the investigations on May 4, 2015, and on September 23, 2015,
published its final affirmative antidumping and countervailing duty
determinations (80 FR 57337 and 57341). On November 16, 2015, the
Commission published its affirmative determinations in the continued
final investigations (80 FR 70833). Following the first five-year
reviews by Commerce and the Commission, effective April 30, 2020,
Commerce issued a continuation of the suspended investigations on
imports of sugar from Mexico (85 FR 23945). The Commission is now
conducting second reviews pursuant to section 751(c) of the Act, as
amended (19 U.S.C. 1675(c)), to determine whether termination of the
suspended investigations would be likely to lead to continuation or
recurrence of material injury to the domestic industry within a
reasonably foreseeable time. Provisions concerning the conduct of this
proceeding may be found in the Commission's Rules of Practice and
Procedure at 19 CFR part 201, subparts A and B, and 19 CFR part 207,
subparts A and F. The Commission will assess the adequacy of interested
party responses to this notice of institution to determine whether to
conduct full or expedited reviews. The Commission's determinations in
any expedited reviews will be based on the facts available, which may
include information provided in response to this notice.
Definitions.--The following definitions apply to these reviews:
(1) Subject Merchandise is the class or kind of merchandise that is
within the scope of the five-year reviews, as defined by Commerce.
(2) The Subject Country in these reviews is Mexico.
(3) The Domestic Like Product is the domestically produced product
or products which are like, or in the absence of like, most similar in
characteristics and uses with, the Subject Merchandise. In its original
determinations and its first expedited five-year review determinations,
the Commission defined a single Domestic Like Product consisting of all
sugar that is coextensive with Commerce's scope.
(4) The Domestic Industry is the U.S. producers as a whole of the
Domestic Like Product, or those producers whose collective output of
the Domestic Like Product constitutes a major proportion of the total
domestic production of the product. In its original determinations, the
Commission defined the Domestic Industry as all U.S. producers of sugar
within Commerce's scope, including sugarcane and sugar beet farmers/
growers, as well as cane millers, cane refiners, and sugar beet
processors, but did not include one firm because it did not engage in
sufficient production-related activities. In its expedited five-year
review determinations, the Commission defined the Domestic Industry as
all U.S. producers of sugar within Commerce's scope, including cane
farmers and beet growers, and it adopted the same findings as to
production-related activities as it did in its original investigations.
(5) An Importer is any person or firm engaged, either directly or
through a parent company or subsidiary, in importing the Subject
Merchandise into the United States from a foreign manufacturer or
through its selling agent.
Participation in the proceeding and public service list.--Persons,
including industrial users of the Subject Merchandise and, if the
merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the proceeding as parties must
file an entry of appearance with the Secretary to the Commission, as
provided in Sec. 201.11(b)(4) of the Commission's rules, no later than
21 days after publication of this notice in the Federal Register. The
Secretary will maintain a public service list containing the names and
addresses of all persons, or their representatives, who are parties to
the proceeding.
Former Commission employees who are seeking to appear in Commission
five-year reviews are advised that they may appear in a review even if
they participated personally and substantially in the corresponding
underlying original investigation or an earlier review of the same
underlying investigation. The Commission's designated agency ethics
official has advised that a five-year review is not the same particular
matter as the underlying original investigation, and a five-year review
is not the same particular matter as an earlier review of the same
underlying investigation for purposes of 18 U.S.C. 207, the post-
employment statute for Federal employees, and Commission rule 201.15(b)
(19 CFR 201.15(b)), 79 FR 3246 (Jan. 17, 2014), 73 FR 24609 (May 5,
2008). Consequently, former employees are not required to seek
Commission approval to appear in a review under Commission rule 19 CFR
201.15, even if the corresponding underlying original investigation or
an earlier review of the same underlying investigation was pending when
they were Commission employees. For further ethics advice on this
matter, contact Charles Smith, Office of the General Counsel, at 202-
205-3408.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and APO service list.--
Pursuant to Sec. 207.7(a) of the Commission's rules, the Secretary
will make BPI submitted in this proceeding available to authorized
applicants under the APO issued in the proceeding, provided that the
application is made no later than 21 days after publication of this
notice in the Federal Register. Authorized applicants must represent
interested parties, as defined in 19 U.S.C. 1677(9), who are parties to
the proceeding. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
Certification.--Pursuant to Sec. 207.3 of the Commission's rules,
any person submitting information to the Commission in connection with
this proceeding must certify that the information is accurate and
complete to the best of the submitter's knowledge. In making the
certification, the submitter will acknowledge that information
submitted in response to this request for information and throughout
this proceeding or other proceeding may be disclosed to and used: (i)
by the Commission, its employees and Offices, and contract personnel
(a) for developing or maintaining the records of this or a related
proceeding, or (b) in internal investigations, audits, reviews, and
evaluations relating to the programs, personnel, and operations of the
Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S.
government employees and contract personnel, solely for cybersecurity
purposes. All contract personnel will sign appropriate nondisclosure
agreements.
Written submissions.--Pursuant to Sec. 207.61 of the Commission's
rules, each interested party response to this notice must provide the
information specified below. The deadline for filing such responses is
5:15 p.m. on April 2, 2025. Pursuant to Sec. 207.62(b) of the
Commission's rules, eligible parties (as specified in Commission rule
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207.62(b)(1)) may also file comments concerning the adequacy of
responses to the notice of institution and whether the Commission
should conduct expedited or full reviews. The deadline for filing such
comments is 5:15 p.m. on May 14, 2025. All written submissions must
conform with the provisions of Sec. 201.8 of the Commission's rules;
any submissions that contain BPI must also conform with the
requirements of Sec. Sec. 201.6, 207.3, and 207.7 of the Commission's
rules. The Commission's Handbook on Filing Procedures, available on the
Commission's website at https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf, elaborates upon the Commission's
procedures with respect to filings. Also, in accordance with Sec. Sec.
201.16(c) and 207.3 of the Commission's rules, each document filed by a
party to the proceeding must be served on all other parties to the
proceeding (as identified by either the public or APO service list as
appropriate), and a certificate of service must accompany the document
(if you are not a party to the proceeding you do not need to serve your
response).
Please note the Secretary's Office will accept only electronic
filings at this time. Filings must be made through the Commission's
Electronic Document Information System (EDIS, https://edis.usitc.gov).
No in-person paper-based filings or paper copies of any electronic
filings will be accepted until further notice.
No response to this request for information is required if a
currently valid Office of Management and Budget (``OMB'') number is not
displayed; the OMB number is 3117 0016/USITC No. 25-5-631, expiration
date June 30, 2026. Public reporting burden for the request is
estimated to average 15 hours per response. Please send comments
regarding the accuracy of this burden estimate to the Office of
Investigations, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436.
Inability to provide requested information.--Pursuant to Sec.
207.61(c) of the Commission's rules, any interested party that cannot
furnish the information requested by this notice in the requested form
and manner shall notify the Commission at the earliest possible time,
provide a full explanation of why it cannot provide the requested
information, and indicate alternative forms in which it can provide
equivalent information. If an interested party does not provide this
notification (or the Commission finds the explanation provided in the
notification inadequate) and fails to provide a complete response to
this notice, the Commission may take an adverse inference against the
party pursuant to Sec. 776(b) of the Act (19 U.S.C. 1677e(b)) in
making its determinations in the reviews.
Information To Be Provided in Response to This Notice of
Institution: As used below, the term ``firm'' includes any related
firms.
Those responding to this notice of institution are encouraged, but
not required, to visit the USITC's website at https://usitc.gov/reports/response_noi_worksheet, where one can download and complete the
``NOI worksheet'' Excel form for the subject proceeding, to be included
as attachment/exhibit 1 of your overall response.
(1) The name and address of your firm or entity (including World
Wide Web address) and name, telephone number, fax number, and Email
address of the certifying official.
(2) A statement indicating whether your firm/entity is an
interested party under 19 U.S.C. 1677(9) and if so, how, including
whether your firm/entity is a U.S. sugarcane or sugar beet farmer/
grower, cane miller, cane refiner, and/or sugar beet processor of the
Domestic Like Product, a U.S. union or worker group, a U.S. importer of
the Subject Merchandise, a foreign producer or exporter of the Subject
Merchandise, a U.S. or foreign trade or business association (a
majority of whose members are interested parties under the statute), or
another interested party (including an explanation). If you are a
union/worker group or trade/business association, identify the firms in
which your workers are employed or which are members of your
association.
(3) A statement indicating whether your firm/entity is willing to
participate in this proceeding by providing information requested by
the Commission.
(4) A statement of the likely effects of the termination of the
suspended investigations on the Domestic Industry in general and/or
your firm/entity specifically. In your response, please discuss the
various factors specified in section 752(a) of the Act (19 U.S.C.
1675a(a)) including the likely volume of subject imports, likely price
effects of subject imports, and likely impact of imports of Subject
Merchandise on the Domestic Industry.
(5) A list of all known and currently operating U.S. sugarcane or
sugar beet farmers/growers, cane millers, cane refiners, and sugar beet
processors of the Domestic Like Product. Identify any known related
parties and the nature of the relationship as defined in section
771(4)(B) of the Act (19 U.S.C. 1677(4)(B)).
(6) A list of all known and currently operating U.S. importers of
the Subject Merchandise and producers of the Subject Merchandise in the
Subject Country that currently export or have exported Subject
Merchandise to the United States or other countries after 2018.
(7) A list of 3-5 leading purchasers in the U.S. market for the
Domestic Like Product and the Subject Merchandise (including street
address, World Wide Web address, and the name, telephone number, fax
number, and Email address of a responsible official at each firm).
(8) A list of known sources of information on national or regional
prices for the Domestic Like Product or the Subject Merchandise in the
U.S. or other markets.
(9) If you are a U.S. producer of the Domestic Like Product, by
reason of sugar beet and/or sugarcane farming/growing, provide the
following information on your firm's farmer/grower operations on the
Domestic Like Product during crop year (typically October-September)
2023/24: Total acres owned/leased (in number of acres), total acres of
sugarcane and sugar beets harvested (in number of acres), sugar beet
and sugarcane production (in short tons), an estimate of the percentage
of total U.S. sugar beet and sugarcane production by U.S. sugar beet
and sugarcane growers accounted for by your firm's(s') production (if
known), and an estimate of the percentage of total U.S. acres of
sugarcane and sugar beets harvested accounted for by your firm's(s')
acres of sugarcane and sugar beets harvested (if known). If you are a
U.S. producer of the Domestic Like Product by reason of cane milling,
cane refining, and/or sugar beet processing, provide the following
information on your firm's operations on the Domestic Like Product
during crop year 2023/24 (report quantity data in short tons raw value,
and value data in U.S. dollars, f.o.b. plant). If you are a union/
worker group or trade/business association, provide the information, on
an aggregate basis, for the firms in which your workers are employed/
which are members of your association.
(a) Production (quantity) and, if known, an estimate of the
percentage of total U.S. production of the Domestic Like Product
accounted for by your firm's(s') production;
(b) Capacity (quantity) of your firm to produce the Domestic Like
Product (that is, the level of production that your establishment(s)
could reasonably have expected to attain during the year, assuming
normal operating conditions (using equipment and machinery in place and
ready to operate), normal
[[Page 11065]]
operating levels (hours per week/weeks per year), time for downtime,
maintenance, repair, and cleanup, and a typical or representative
product mix);
(c) the quantity and value of U.S. commercial shipments of the
Domestic Like Product produced in your U.S. plant(s);
(d) the quantity and value of U.S. internal consumption/company
transfers of the Domestic Like Product produced in your U.S. plant(s);
and
(e) the value of (i) net sales, (ii) cost of goods sold (COGS),
(iii) gross profit, (iv) selling, general and administrative (SG&A)
expenses, and (v) operating income of the Domestic Like Product
produced in your U.S. plant(s) (include both U.S. and export commercial
sales, internal consumption, and company transfers) for your most
recently completed fiscal year (identify the date on which your fiscal
year ends).
(10) If you are a U.S. importer or a trade/business association of
U.S. importers of the Subject Merchandise from the Subject Country,
provide the following information on your firm's(s') operations on that
product during crop year 2023/24 (report quantity data in short tons
raw value, and value data in U.S. dollars). If you are a trade/business
association, provide the information, on an aggregate basis, for the
firms which are members of your association.
(a) The quantity and value (landed, duty-paid) of U.S. imports and,
if known, an estimate of the percentage of total U.S. imports of
Subject Merchandise from the Subject Country accounted for by your
firm's(s') imports;
(b) the quantity and value (f.o.b. U.S. port) of U.S. commercial
shipments of Subject Merchandise imported from the Subject Country; and
(c) the quantity and value (f.o.b. U.S. port) of U.S. internal
consumption/company transfers of Subject Merchandise imported from the
Subject Country.
(11) If you are a producer, an exporter, or a trade/business
association of producers or exporters of the Subject Merchandise in the
Subject Country, provide the following information on your firm's(s')
operations on that product during crop year 2023/24 (report quantity
data in short tons raw value, and value data in U.S. dollars, landed
and duty-paid at the U.S. port). If you are a trade/business
association, provide the information, on an aggregate basis, for the
firms which are members of your association.
(a) Production (quantity) and, if known, an estimate of the
percentage of total production of Subject Merchandise in the Subject
Country accounted for by your firm's(s') production;
(b) Capacity (quantity) of your firm(s) to produce the Subject
Merchandise in the Subject Country (that is, the level of production
that your establishment(s) could reasonably have expected to attain
during the year, assuming normal operating conditions (using equipment
and machinery in place and ready to operate), normal operating levels
(hours per week/weeks per year), time for downtime, maintenance,
repair, and cleanup, and a typical or representative product mix); and
(c) the quantity and value of your firm's(s') exports to the United
States of Subject Merchandise and, if known, an estimate of the
percentage of total exports to the United States of Subject Merchandise
from the Subject Country accounted for by your firm's(s') exports.
(12) Identify significant changes, if any, in the supply and demand
conditions or business cycle for the Domestic Like Product that have
occurred in the United States or in the market for the Subject
Merchandise in the Subject Country after 2018, and significant changes,
if any, that are likely to occur within a reasonably foreseeable time.
Supply conditions to consider include technology; production methods;
development efforts; ability to increase production (including the
shift of production facilities used for other products and the use,
cost, or availability of major inputs into production); and factors
related to the ability to shift supply among different national markets
(including barriers to importation in foreign markets or changes in
market demand abroad). Demand conditions to consider include end uses
and applications; the existence and availability of substitute
products; and the level of competition among the Domestic Like Product
produced in the United States, Subject Merchandise produced in the
Subject Country, and such merchandise from other countries.
(13) (OPTIONAL) A statement of whether you agree with the above
definitions of the Domestic Like Product and Domestic Industry; if you
disagree with either or both of these definitions, please explain why
and provide alternative definitions.
Authority: This proceeding is being conducted under authority of
title VII of the Tariff Act of 1930; this notice is published pursuant
to Sec. 207.61 of the Commission's rules.
By order of the Commission.
Issued: February 25, 2025.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2025-03282 Filed 2-28-25; 8:45 am]
BILLING CODE 7020-02-P