Mexico Sugar: New AD/CVD Investigations Deadlines & Scope
The Commerce Department issued Federal Register notices on its recently initiated antidumping and countervailing duty investigations on sugar from Mexico (A-201-845/C-201-846). The agency will determine whether sugar imports are being sold in the U.S. at less than fair value or illegally subsidized. The period under investigation in both the AD and CV duty cases is Jan. 1, 2013, through Dec. 31, 2013.
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AD/CVD Respondent Selection
Commerce said it will pick respondents to the AD/CV duty investigations based on CBP import data. The decisions will come within 20 days of the publication date of this initiation notice, by May 14. Comments on respondent selection are due May 1.
Scope of the AD/CVD Investigations
"The product covered by this investigation is 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 C12H22011, 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 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.
"Merchandise covered by this investigation is typically imported under the following headings of the Harmonized Tariff Schedule of the United States (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, 1701.99.1025, 1701.99.1050, 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 investigation is dispositive."
Comments on Scope Due by May 7
Commerce said it discussed the scope with petitioners to ensure it's an accurate reflection of the products for which the domestic industry is seeking relief. Comments on the scope of both investigations are due by May 7.
Investigations Timetable
| Event | AD Duty | CV Duty |
|---|---|---|
| Petitions filed | 03/28/14 | 03/28/14 |
| DOC initiation date | 04/17/14 | 04/17/14 |
| ITC prelim determination1 | 05/12/14 | 05/12/14 |
| DOC prelim determination2 | 09/04/14 | 06/23/14 |
| DOC final determination2 | 11/18/14 | 09/04/14 |
| ITC final determination3 | 01/02/15 | 10/20/14 |
| Issuance of orders4 | 01/09/15 | 10/27/14 |
1If the ITC makes a negative determination of injury, the investigations are terminated.
2These deadlines may be extended under the governing statute.
3This will take place only in the event of Commerce Department final affirmative determinations.
4This will take place only in the event of Commerce and ITC final affirmative determinations.
(See 14033124 for summary of the Commerce Department's receipt of the petition underlying the initiation of this investigation.)
The AD duty initiation notice is (here).
The CV duty initiation notice is (here).
The Commerce Department fact sheet on the initiation of these investigations is (here).
(Federal Register 04/24/14)