[Federal Register Volume 79, Number 106 (Tuesday, June 3, 2014)]
[Notices]
[Pages 31920-31921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-12849]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-201-846]
Sugar From Mexico: Postponement of Preliminary Determination in
Countervailing Duty Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Effective Date: June 3, 2014.
FOR FURTHER INFORMATION CONTACT: Kaitlin Wojnar, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230, (202) 482-3857;
telephone: 202-482-3857.
SUPPLEMENTARY INFORMATION:
Background
On April 17, 2014, the Department of Commerce (the Department)
initiated the countervailing duty (CVD) investigation of sugar from
Mexico.\1\ Currently, the preliminary determination is due no later
than June 23, 2014.
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\1\ See Sugar from Mexico: Initiation of Countervailing Duty
Investigation, 79 FR 22790 (April 24, 2014).
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Postponement of Preliminary Determination
Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act),
requires the Department to issue the preliminary determination in a CVD
investigation no later than 65 days after the date on which the
Department initiated the investigation. However, if the Department
determines that the parties concerned in the investigation are
cooperating and that the investigation is extraordinarily complicated,
section 703(c)(1)(B) of the Act allows the Department to postpone
making the preliminary determination until no later than 130 days after
the date on which it initiated the investigation.
The Department determines that the parties involved in this
proceeding are cooperating.\2\ Since the petition for this CVD
investigation was filed,\3\ four separate Mexican sugar exporters/
producers filed entries of appearances,\4\ as well as one Mexican sugar
industry trade group, which alone represents at least nineteen
individual Mexican sugar companies, including the Mexican government's
expropriated mill-operating organization, Fondo de Empresas Expropiadas
del Sector Azucarero.\5\ Each of these interested parties contributed
to the record of this investigation.\6\ Furthermore, the Government of
Mexico (GOM) has been actively involved in this proceeding. The GOM is
on the public service list for this investigation, sent a delegation to
the Department's main building for consultations regarding
initiation,\7\ and has since filed comments on the investigation's
scope.\8\ Such actions by the Mexican sugar industry and the GOM
indicate that the interested parties are currently cooperating in this
investigation.
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\2\ See section 703(c)(1)(B) of the Act.
\3\ See Petition for the Imposition of Countervailing Duties on
Imports of Sugar from Mexico, March 28, 2014.
\4\ See, e.g., ``Entry of Appearance and APO Application,''
filed on behalf of Impulsora Azucarera del Noroeste, S.A. de C.V.,
April 24, 2014.
\5\ See ``Entry of Appearance and Administrative Protective
Order Application'' and ``Amended Entry of Appearance and
Administrative Protective Order Application,'' filed on behalf of
Camara Nacional de Las Industrias Azucarera Y Al Alcoholera, April
11, 2014.
\6\ See, e.g., ``Scope Comments,'' filed on behalf of Batory
Foods Inc., May 7, 2014.
\7\ See ``Consultations with the Government of Mexico Regarding
the Countervailing Duty Petition on Sugar from Mexico,'' April 11,
2014.
\8\ See ``Brief Submission of the Government of Mexico,'' May 7,
2014.
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The Department also determines that this investigation is
extraordinarily complicated in light of (1) the number and complexity
of the alleged countervailable subsidy programs and (2) the need to
determine the extent to which particular countervailable subsidies are
used by individual manufacturers, producers, and
[[Page 31921]]
exporters.\9\ Specifically, the Department must analyze at least 20
complex alleged subsidy programs, most of which have never before been
examined by the Department.\10\ These programs include debt discount
and forgiveness, grants, various tax benefits, and preferential loans,
which must be examined for each respondent selected and any company
that is cross-owned with such respondents. If certain companies are
selected as respondents, the Department will also analyze several
company-specific uncreditworthiness allegations.\11\ As such, the
Department will likely have to issue multiple supplemental
questionnaires. Moreover, the Department determines that additional
time is necessary to make the preliminary determination in this
investigation because initial questionnaires for this investigation
have not yet been issued to the GOM or respondents and the Department
will require additional time to review and analyze questionnaire
responses once received from the GOM, respondents, and any companies
cross-owned with respondents.
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\9\ See section 703(c)(1)(B)(i) of the Act.
\10\ See generally ``Countervailing Duty Initiation Checklist,''
April 17, 2014.
\11\ Id. at 24-25.
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For these reasons, pursuant to section 703(c)(1) of the Act, the
Department is hereby postponing the due date for the preliminary CVD
determination to no later than 130 days after the day on which the
investigation was initiated. As a result of this postponement, the
deadline for completion of the preliminary determination is now August
25, 2014.
This notice is issued and published pursuant to section 703(c)(2)
of the Act and 19 CFR 351.205(f)(1).
Dated: May 28, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-12849 Filed 6-2-14; 8:45 am]
BILLING CODE 3510-DS-P