36. The resumption of the investigation and the negotiation of a new suspension agreement were conducted in accordance with the trade rules in force at the time of the original investigation, 19 CFR 353.18 (1996). As this agreement represents a new segment of the process, the agreement is subject to the rules currently in force. 19 CFR 351,701; see also San Vicente Camalu SPR de Ri v. United States, 491 F. Supp. 2d 1186 (CIT 2007). (i) In general. The Secretary shall notify all parties to the proceedings of the proposed stay of an investigation and provide the applicant with a copy of the suspension agreement provisionally accepted by the Secretary (the agreement must include the compliance control procedures and a declaration of the compatibility of the agreement with the requirements of section 704 or section 734 of the Act) in: The 7. In May 2019, the Department of Commerce withdrew from and terminated the 2013 agreement, cancelled the administrative review of the agreement, and continued the anti-dumping duty investigation, as no new suspension agreements were signed. [25] The original investigation period was from 1 March 1995 to 29 February 1996.
Due to the unusual procedural situation of the present proceeding, in which we terminated a suspension agreement and continued an investigation covering an investigation period dating back more than 23 years, the Ministry of Commerce decided to request information consistent with the last four full quarters, i.e. from 1 April 2018 to 31 March 2019[26]. Due to the unusual procedural attitude, we also considered it appropriate to: reconsider the choice of respondents. [27] On May 24, 2019, we chose Bioparques de Occidente, S.A. de C.V. (Bioparques), Ceuta Produce, S.A. de C.V. (Ceuta) and Negocio Agricola San Enrique, S.A. de C.V. (San Enrique) for individual examination in the context of this supplementary investigation. [28] On July 23, 2019, the Department of Commerce adopted a downstream decision based on information requested and provided by Bioparques, Ceuta, and San Enrique. [29] (ii) Postponement of final decision.
Where a proposed suspension agreement is submitted in an anti-dumping investigation, an exporter or producer, or in an investigation involving a non-market economy country, may request that the Government defer the final determination under paragraph 735(a)(2) of the Act (see paragraph 351.210(e)). If the final determination is deferred in a countervailing duty investigation pursuant to section 703(g)(2) or section 705(a)(1) of the Act (see section 351.210(b)(3) and section 351.210(i)) of the Act, the time limits set out in paragraph (f(1)(i), (f)(2)(i), (f)(f)(3) and (g)(1) of this section are deferred. which apply to countervailing duty investigations, together with the time limits for anti-dumping investigations. (e) exports are not expected to increase during the transition period; The Secretary shall not accept a suspension agreement under section 704(b)(2) or section 734(b)(1) of the Cessation of Exports Act, unless the agreement guarantees that the quantity of the relevant goods exported during the transitional period specified in the Agreement is the quantity of goods exported during a period of comparable duration that the Secretary considers representative, is executed, does not exceed. (3) Opportunity to comment. The Secretary will give all interested parties, an industrial user of the product in question or a consumer representative organization as described in section 777(h) of the Act, as well as U.S. government agencies, an opportunity to present written arguments and factual information regarding the proposed stay of the investigation: the Administrative Protection Order (APO) granted in the segment of the agreement to suspend this procedure. Trade remains in force and in force for the amended AD Agreement. All new parties requesting access to company-owned information submitted during the administration of the amended AD contract under the currently applicable APO must submit an APO application in accordance with currently applicable commercial regulations. [20] Congress should recognize the negative impact of the suspension agreements on the U.S. economy.
Congress should codify the U.S. sugar program with the Fair Sugar Policy Act (H.R.4521, p.2568) to ensure that U.S. food manufacturers have access to sufficient supplies of sugar at a reasonable price so that they can maintain and create jobs and produce quality products at affordable prices. D. Any breach of the terms of this Agreement by a PACA Licensee may be considered by PACA Division to be “unfair conduct” in accordance with PACA. [44] The trade, a signatory, or any other interested person may submit a written notice to the Minister of Agriculture of an alleged violation of PACA under Section 6(b) of PACA (7 U.S.C. 499f(b)). Upon receipt of written notice, the PacA Ministry will review the allegation and determine whether further investigations, the issuance of a reminder letter or an administrative complaint are warranted. Failure by a PACA licensee to cooperate with an ongoing investigation may result in the suspension of the license and its publication. If an administrative complaint is filed, an administrative judge`s finding that a permit holder or PACA entity has committed repeated and flagrant violations of PACA may result in the assessment of a civil penalty or the suspension or revocation of the PACA license and/or its publication. The resulting licensing and employment restrictions are ordered by the PACA department. The announcement of disciplinary measures taken against a licensee or a licensed enterprise shall be made available to the public.
The suspension of the liquidation, which took place after the continuation of the investigation on the 7th. May 2019 remains in effect subject to section 734(h)(3) of the Act. [34] Paragraph 734(f)(2)(B) of the Act provides that the Department of Commerce may adjust the necessary security to reflect the impact of the 2019 agreement. Trade found that the 2019 agreement completely eliminates the adverse effects of imports and, as a result, trade adjusts to zero the guarantee required by the signatory producers/exporters. The safety rates applicable to imports from non-signatory producers/exporters on the basis of the provisional dumping margins will remain published in the Continuation Notice. .
