10/22/19 – Food Business News
By Ron Sterk
The U.S. Court of International Trade in New York on Oct. 18 vacated the 2017 amendments to the 2014 agreements that suspended sizable anti-dumping and countervailing duties on U.S. imports of sugar from Mexico. In both rulings (vacating the countervailing duty and the anti-dumping amendments), the court said, “The court concludes (1) that Commerce’s failure to follow the recordkeeping requirements of 1677f(a)(3) cannot be described as ‘harmless’ and (2) that the agency’s recordkeeping failure substantially prejudiced Plaintiff.”
The rulings leave the original 2014 “suspension agreements” in place, which had the refined/raw mix of sugar imports from Mexico at 53%/47%, the polarity for “other” sugar at 99.5 and reference prices for refined sugar at 26c a lb and for raw at 22.25c a lb. The 2017 amendments had adjusted the refined/raw import mix to 30%/70%, lowered the polarity for “other” sugar to 99.2 (thus 99.2 polarity and above was classified as refined sugar in the amendments), and raised the reference prices to 28c for refined and 23c for raw.