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