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News Release 20-029
Inv. No(s). 701-TA-513 and 731-TA-1249 (Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that terminating the suspended investigations on imports of sugar from Mexico would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
As a result of the Commission’s affirmative determinations, the existing suspended investigations on imports of this product from Mexico will remain in effect.
Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randoph J. Stayin, and Amy A. Karpel voted in the affirmative.
Today’s action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act. See the attached page for background on these five-year (sunset) reviews.
The Commission’s public report Sugar from Mexico (Inv. Nos. 701-TA-513 and 731-TA-1249 (Review), USITC Publication 5045, April 2020) will contain the views of the Commission and information developed during the reviews.
The report will be available by May 12, 2020; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.
BACKGROUND
The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time.
The Commission’s institution notice in five-year reviews requests that interested parties file responses with the Commission concerning the likely effects of revoking the order under review as well as other information. Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review. If responses to the USITC’s notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.
The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews. Commissioners base their injury determination in expedited reviews on the facts available, including the Commission’s prior injury and review determinations, responses received to its notice of institution, data collected by staff in connection with the review, and information provided by the Department of Commerce.
The five-year (sunset) reviews concerning Sugar from Mexico were instituted on November 29, 2019.
On March 3, 2020, the Commission voted to conduct expedited reviews. Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel concluded that the domestic group response was adequate and the respondent group response was inadequate and voted for expedited reviews.
A record of the Commission’s vote to conduct expedited reviews is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by telephone by calling 202-205-1802.
News Release 15-098
Inv. No(s). 701-TA-513 and 731-TA-1249 (Final)
Contact: Peg O'Laughlin, 202-205-1819
The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of sugar from Mexico that the U.S. Department of Commerce (Commerce) has determined are subsidized and sold in the United States at less than fair value.
All six Commissioners voted in the affirmative.
As a result of the USITC’s affirmative determinations, suspension agreements that Commerce previously entered concerning sugar from Mexico will remain in effect.
The Commission’s public report Sugar from Mexico (Investigation Nos. 701-TA-513 and 731-TA-1249 (Final), USITC Publication 4577, November 2015) will contain the views of the Commissioners and information developed during the investigations.
The report will be available by November 23, 2015; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.
UNITED STATES INTERNATIONAL TRADE COMMISSION
Office of Industries
Washington, DC 20436
FACTUAL HIGHLIGHTS
Sugar from Mexico
Investigation Nos. 701-TA-513 and 731-TA-1249 (Final)
Product Description: Sugar, or sucrose, is a natural sweetener derived from sugarcane and sugar beets. Sugar is primarily used for human consumption as a caloric sweetening agent in food and beverages such as bakery products, cereals, confectionery, dairy products, coffee, tea, and cocoa. The products covered by these investigations include sugar in raw, refined, and liquid forms, as well as organic sugar.
Status of Proceedings:
1. Type of investigation: Final antidumping and countervailing duty.
2. Petitioners: 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.
3. Investigation instituted by USITC: March 28, 2014.
4. USITC hearing: September 16, 2015.
5. USITC vote: October 20, 2015.
6. USITC notification to the Department of Commerce: November 2, 2015.
U.S. Industry:
1. Number of U.S. producers in 2014: 13 sugarcane millers; 7 sugarcane refiners; 7 sugar beet processors.
2. Location of producers’ plants: California, Colorado, Florida, Hawaii, Idaho, Louisiana, Michigan, Minnesota, Montana, Nebraska, North Dakota, Texas, and Wyoming.
3. Employment of production and related workers in crop year 2013/14: [1], [2]
4. U.S. producers’ U.S. shipments in crop year 2013/14: 1, 2
5. Apparent U.S. consumption in crop year 2013/14: 1, 2
6. Ratio of subject imports to apparent U.S. consumption in crop year 2013/14: 1, 2
U.S. Imports in Crop Year 2013/14:1
1. From the subject country during crop year 2013/14: $945 million.1
2. From other countries during crop year 2013/14: $490 million.1
3. Leading sources during crop year 2013/14: Mexico, Brazil, Philippines, Dominican Republic, and Guatemala (in terms of total volume). 1
[1] October 2013 through September 2014.
[2] Withheld to avoid disclosure of business proprietary information.
News Release 15-023
Inv. No(s). 704-TA-1 and 734-TA-1
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that the injurious effect of imports of sugar from Mexico on the domestic industry as a whole is eliminated by suspension agreements agreed to by the U.S. Department of Commerce (Commerce) and the government of Mexico and Mexican exporters of sugar.
Consistent with the Commission’s practice, Commissioners will explain in their forthcoming opinion their views with respect to the arguments made by the domestic industry, including the petitioning U.S. refiners, and the other interested parties regarding the impact of those agreements.
As a result of the Commission’s affirmative determinations that the injurious effect of imports of sugar from Mexico is eliminated by the Commerce suspension agreements, the suspension agreements will remain in effect.
All six Commissioners voted in the affirmative.
The Commission’s determinations result from reviews conducted under sections 704(h) and 734(h) of the Tariff Act of 1930, as amended, 19 U.S.C. §§ 1671c(h) and 1673c(h), as a result of petitions filed on January 8, 2015, by Imperial Sugar Company (Imperial), Sugarland, TX, and AmCane Sugar LLC (AmCane), Taylor, MI. These are the first reviews that the Commission has conducted under sections 704(h) and 734(h). Under these provisions the Commission was required to determine in these investigations “whether the injurious effect of imports of the subject merchandise is eliminated completely by the agreement.” Unlike in sections 701(a) and 731(a) investigations, the Commission has not analyzed here whether the subject imports from Mexico have caused material injury to a domestic industry.
Commerce is currently considering requests filed by Imperial and AmCane to continue the underlying investigations. Whether or not underlying investigative proceedings are continued will depend upon whether Commerce accepts these requests.
If the underlying investigations are not continued or if they are continued and Commerce and the Commission make affirmative final determinations in the continued investigations, the suspension agreements will remain effective. If Commerce or the Commission make a negative determination in either of the continued investigations, the pertinent suspension agreement will have no effect, and no duties will be imposed.
The Commission’s public report Sugar from Mexico (Investigation Nos. 704-TA-1 and 734-TA-1 (Review), USITC Publication 4523, April 2015) will contain the views of the Commission and information developed during the reviews.
The report will be available after April 24, 2015. After that date, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.
Inv. No(s). 704-TA-1 and 734-TA-1 (Review)
On January 21, 2015, the Commission issued a Notice of Institution (“Notice”) in the referenced reviews. 80 Fed. Reg. 3977 (Jan. 26, 2015). The Notice stated that the Commission would convene a proceeding on Thursday, February 19, 2015 at 9:30 a.m. at 500 E Street, SW, Washington, D.C. to receive oral presentations in these reviews. It also stated that the Commission would provide further information about the nature of that proceeding at a later date. This notice provides that information.
As an initial matter, these reviews are being conducted pursuant to sections 704(h) and 734(h) of the Tariff Act of 1930 (“the Act”) (19 U.S.C. §§ 1671c(h) and 1673c(h)). Because the focus of these reviews concerns whether the injurious effect of imports of the subject merchandise is eliminated completely by the suspension agreements at issue, presentations at the oral proceeding should focus on this inquiry. This inquiry is distinct from the analysis in the underlying antidumping and countervailing duty investigations.
Those desiring to participate at the oral proceeding should file an intent to participate in writing with the Secretary to the Commission no later than February 13, 2015 and should identify in that submission the names of the individuals who plan to participate at the proceeding. There will be two panels at the oral presentation: (1) parties in favor of the petitions filed under 704(h) and 734(h) of the Act and (2) parties opposed to these petitions. If any United States agency or agencies wish to participate, a third panel will be added consisting of these witnesses. Each panel will be allowed up to thirty minutes for its oral presentations of which it may reserve up to five minutes for rebuttal. Commissioners will ask questions of each panel after its presentation. Each participant shall limit its presentation to a summary of the information and arguments contained in the first written submissions, an analysis of the information and arguments contained in the first written submissions, and information appropriate to respond to information and arguments made in other parties’ submissions. Parties are not to otherwise present new factual information at the oral presentation but may have witnesses available to provide factual information in response to questions posed by the Commission. Presentations shall not include business proprietary information.
As indicated in the Notice, the record of these reviews will include the record from the Commission’s preliminary determinations concerning Sugar from Mexico. The Commission does not intend to place into the record information that it has collected in its final phase investigations because that information gathering process is not complete. As indicated in the Notice, parties may submit new factual information in the first written submission. Written submissions and testimony should not include any information submitted in the final phase investigations that a party has received pursuant to Administrative Protective Order or cite to any information from the record of the final phase investigations.
By order of the Commission.
Lisa R. Barton
Secretary to the Commission
Issued: February 4, 2015
News Release 14-041
Inv. No(s). 701-TA-513 and 731-TA-1249 (P)
Contact: Peg O'Laughlin, 202-205-1819
The United States International Trade Commission (USITC) today determined that there is a reasonable indication that a U.S. industry is materially injured by reason of imports of sugar from Mexico that are allegedly subsidized and sold in the United States at less than fair value.
Chairman Irving A. Williamson and Commissioners Dean A. Pinkert, David S. Johanson, Meredith M. Broadbent, and F. Scott Kieff voted in the affirmative. Commissioner Rhonda K. Schmidtlein did not participate in these investigations.
As a result of the Commission's affirmative determinations, the U.S. Department of Commerce will continue to conduct its investigations on imports of these products, with its preliminary countervailing duty determination due on or about June 23, 2014, and its antidumping duty determinations due on or about September 4, 2014.
The Commission's public report Sugar from Mexico (Investigation Nos. 701-TA-513 and 731- TA-1249 (Preliminary), USITC Publication 4467, May 2014) will contain the views of the Commission and information developed during the investigations.
The report will be available after June 9, 2014. After that date, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp. Copies also may be requested after that date by emailing pubrequest@usitc.gov, calling 202-205-2000, or writing to the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by fax at 202-205-2104.
Office of Industries
Washington, DC 20436
FACTUAL HIGHLIGHTS
Sugar from Mexico
Investigation Nos. 701-TA-513 and 731-TA-1249 (Preliminary)
Product Description: Sugar, or sucrose, is a natural sweetener derived from sugarcane and sugar beets. Sugar is primarily used for human consumption as a caloric sweetening agent in food and beverages such as bakery products, cereals, confectionery, dairy products, coffee, tea, and cocoa. The products covered by these investigations include sugar in raw, refined, and liquid forms, including organic sugar.
Status of Proceedings:
1. Type of investigations: Preliminary antidumping and countervailing duty.
2. Petitioners: 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.
3. Preliminary investigations instituted by the USITC: March 28, 2014.
4. Commission's conference: April 18, 2014.
5. USITC vote: May 9, 2014.
6. USITC determinations to the U.S. Department of Commerce: May 12, 2014.
7. USITC views to the U.S. Department of Commerce: May 19, 2014.
U.S. Industry:
1. Number of producers in 2013: Thirteen sugarcane millers; six sugarcane refiners; seven
sugar beet processors.
2. Location of producers' plants: Sugarcane millers: Hawaii, Florida, Louisiana, Texas;
sugarcane refiners: California, Florida, Georgia, Louisiana, Maryland, New York;
sugar beet processors: California, Colorado, Idaho, Nebraska, North Dakota,
Michigan, Minnesota, Montana, Wyoming.
3. Employment of production and related workers in 2012/13 (2), (1).
4. Apparent U.S. consumption in 2012/13 (2): $7.7 billion
5. Ratio of the value of total U.S. imports to total U.S. consumption in 2012/13 (2): 19.9 percent.
U.S. Imports:
1. From the subject countries during 2012/13 (2): $1.0 billion.
2. From other countries during 2012/13 (2): $ 497.8 million.
3. Leading sources during 2012/13 (2): Mexico, Brazil, Dominican Republic, Philippines,
Guatemala (in terms of total value).
(1) Withheld to avoid disclosure of business proprietary information.
(2) October 2012 through September 2013.