[Federal Register Volume 79, Number 243 (Thursday, December 18, 2014)]
[Notices]
[Pages 75591-75592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29648]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-513 and 731-TA-1249 (Final)]
Countervailing Duty and Antidumping Duty Investigations; Sugar
From Mexico; Scheduling of the Final Phase
AGENCY: United States International Trade Commission.
ACTION: Notice.
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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping and countervailing duty investigation Nos.
701-TA-513 and 731-TA-1249 (Final) under sections 705(b) and 731(b) of
the Tariff Act of 1930 (19 U.S.C. 1671d(b) and 1673d(b)) (the Act) to
determine whether an industry in the United States is materially
injured or threatened with material injury, or the establishment of an
industry in the United States is materially retarded, by reason of
subsidized and less-than-fair-value imports from Mexico of sugar,
provided for in statistical subheadings 1701.12.1000, 1701.12.5000,
1701.13.1000, 1701.13.5000, 1701.14.1000, 1701.14.5000, 1701.91.1000,
1701.91.3000, 1701.99.1025, 1701.99.1050, 1701.99.5025, 1701.99.5050,
and 1702.90.4000 of the Harmonized Tariff Schedule of the United
States.\1\
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\1\ For purposes of these investigations, the Department of
Commerce has defined the subject merchandise as ``sugar derived from
sugar cane or sugar beets. Sucrose gives sugar its essential
character. Sucrose is a nonreducing disaccharide composed of glucose
and fructose linked via their anomeric carbons. The molecular
formula for sucrose is C12H220 11,
the International Union of Pure and Applied Chemistry (IUPAC)
International Chemical Identifier (InChI) 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 InChI 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 within the scope of this investigation includes raw sugar
(sugar with a sucrose content by weight in a dry state that
corresponds to a polarimeter reading of less than 99.5 degrees) and
estandar or standard sugar which is sometimes referred to as ``high
polarity'' or ``semi-refined'' sugar (sugar with a sucrose content
by weight in a dry state that corresponds to a polarimeter reading
of 99.2 to 99.6 degrees). Sugar within the scope of this
investigation includes refined sugar with a sucrose content by
weight in a dry state that corresponds to a polarimeter reading of
at least 99.9 degrees. Sugar within the scope of this investigation
includes brown sugar, liquid sugar (sugar dissolved in water),
organic raw sugar and organic refined sugar.
Inedible molasses is not within the scope of this investigation.
Specialty sugars, e.g., rock candy, fondant, sugar decorations, are
not within the scope of this investigation. Processed food products
that contain sugar, e.g., beverages, candy, cereals, are not within
the scope of this investigation.''
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For further information concerning the conduct of this phase of the
investigations, hearing procedures, and rules of general application,
consult the Commission's Rules of Practice and Procedure, part 201,
subparts A through E (19 CFR part 201), and part 207, subparts A and C
(19 CFR part 207).
DATES: Effective Dates: Monday, November 03, 2014.
FOR FURTHER INFORMATION CONTACT: Amy Sherman (202-205-3289), 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
(http://www.usitc.gov). The public record for these investigations may
be viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
[[Page 75592]]
Background.--The final phase of these investigations is being
scheduled as a result of affirmative preliminary determinations by the
Department of Commerce that certain benefits which constitute subsidies
within the meaning of section 703 of the Act (19 U.S.C. 1671b) are
being provided to manufacturers, producers, or exporters in Mexico of
sugar, and that such products are being sold in the United States at
less than fair value within the meaning of section 733 of the Act (19
U.S.C. 1673b). The investigations were requested in a petition filed on
Friday, March 28, 2014, by the American Sugar Coalition and its
members: American Sugar Cane League, Thibodaux, LA; American Sugarbeet
Growers Association, Washington, DC; American Sugar Refining, Inc.,
West Palm Beach, FL; Florida Sugar Cane League, Washington, DC;
Hawaiian Commercial and Sugar Company, Puunene, HI; Rio Grande Valley
Sugar Growers, Inc., Santa Rosa, TX; Sugar Cane Growers Cooperative of
Florida, Belle Glade, FL; and United States Beet Sugar Association,
Washington, DC.
Participation in the investigations 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 final phase of these
investigations as parties must file an entry of appearance with the
Secretary to the Commission, as provided in section 201.11 of the
Commission's rules, no later than 21 days prior to the hearing date
specified in this notice. A party that filed a notice of appearance
during the preliminary phase of the investigations need not file an
additional notice of appearance during this final phase. The Secretary
will maintain a public service list containing the names and addresses
of all persons, or their representatives, who are parties to the
investigations.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary
will make BPI gathered in the final phase of these investigations
available to authorized applicants under the APO issued in the
investigations, provided that the application is made no later than 21
days prior to the hearing date specified in this notice. Authorized
applicants must represent interested parties, as defined by 19 U.S.C.
1677(9), who are parties to the investigations. A party granted access
to BPI in the preliminary phase of the investigations need not reapply
for such access. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
Staff report.--The prehearing staff report in the final phase of
these investigations will be placed in the nonpublic record on Tuesday,
March 3, 2015, and a public version will be issued thereafter, pursuant
to section 207.22 of the Commission's rules.
Hearing.--The Commission will hold a hearing in connection with the
final phase of these investigations beginning at 9:30 a.m. on Tuesday,
March 17, 2015, at the U.S. International Trade Commission Building.
Requests to appear at the hearing should be filed in writing with the
Secretary to the Commission on or before Wednesday, March 11, 2015. A
nonparty who has testimony that may aid the Commission's deliberations
may request permission to present a short statement at the hearing. All
parties and nonparties desiring to appear at the hearing and make oral
presentations should attend a prehearing conference to be held at 9:30
a.m. on Friday, March 13, 2015, at the U.S. International Trade
Commission Building. Oral testimony and written materials to be
submitted at the public hearing are governed by sections 201.6(b)(2),
201.13(f), and 207.24 of the Commission's rules. Parties must submit
any request to present a portion of their hearing testimony in camera
no later than 7 business days prior to the date of the hearing.
Written submissions.--Each party who is an interested party shall
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the provisions of section 207.23 of the Commission's
rules; the deadline for filing is Tuesday, March 10, 2015. Parties may
also file written testimony in connection with their presentation at
the hearing, as provided in section 207.24 of the Commission's rules,
and posthearing briefs, which must conform with the provisions of
section 207.25 of the Commission's rules. The deadline for filing
posthearing briefs is Tuesday, March 24, 2015. In addition, any person
who has not entered an appearance as a party to the investigations may
submit a written statement of information pertinent to the subject of
the investigations, including statements of support or opposition to
the petition, on or before Tuesday, March 24, 2015. On Wednesday, April
8, 2015, the Commission will make available to parties all information
on which they have not had an opportunity to comment. Parties may
submit final comments on this information on or before Friday, April
10, 2015, but such final comments must not contain new factual
information and must otherwise comply with section 207.30 of the
Commission's rules. All written submissions must conform with the
provisions of section 201.8 of the Commission's rules; any submissions
that contain BPI must also conform with the requirements of sections
201.6, 207.3, and 207.7 of the Commission's rules. The Commission's
Handbook on E-Filing, available on the Commission's Web site at http://edis.usitc.gov, elaborates upon the Commission's rules with respect to
electronic filing.
Additional written submissions to the Commission, including
requests pursuant to section 201.12 of the Commission's rules, shall
not be accepted unless good cause is shown for accepting such
submissions, or unless the submission is pursuant to a specific request
by a Commissioner or Commission staff.
In accordance with sections 201.16(c) and 207.3 of the Commission's
rules, each document filed by a party to the investigations must be
served on all other parties to the investigations (as identified by
either the public or BPI service list), and a certificate of service
must be timely filed. The Secretary will not accept a document for
filing without a certificate of service.
Authority: These investigations are being conducted under
authority of title VII of the Tariff Act of 1930; this notice is
published pursuant to section 207.21 of the Commission's rules.
By order of the Commission.
Issued: December 15, 2014.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2014-29648 Filed 12-17-14; 8:45 am]
BILLING CODE 7020-02-P