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AD/CV Investigations of Sugar from Mexico Resumed

Monday, May 04, 2015
Sandler, Travis & Rosenberg Trade Report

The International Trade Administration has resumed its antidumping and countervailing duty investigations of sugar from Mexico.

These investigations were suspended in December 2014 after the ITA made affirmative AD and CV duty determinations. This allowed Mexican sugar to enter the U.S. market free of AD/CV duties but also created mechanisms to ensure that such imports did not injure the U.S. sugar industry while enabling U.S. sugar consumption needs to be met. The suspensions were based on agreements with Mexican producers or the Mexican government that the ITA said completely eliminate the injurious effects of exports of Mexican sugar to the United States, a determination upheld by the International Trade Commission following a review requested by two U.S. sugar companies.

However, the two companies also timely requested a continuation of the AD and CV duty investigations. Having determined that these companies are parties to the investigations and therefore have standing to submit such a request, the ITA is required by law to resume the investigations, which it is doing as if its preliminary determinations had been published on May 4. The ITA intends to make its final determination in both investigations within 135 days of that date.

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