# Sugar From Mexico: Continuation of Suspension of the Countervailing Duty Investigation
**AGENCY:**
Enforcement and Compliance, International Trade Administration, Department of Commerce.
**SUMMARY:**
As a result of determinations by the U.S. Department of Commerce (Commerce) that the termination of the Agreement Suspending the Countervailing Duty Investigation on Sugar from Mexico, as amended (CVD Agreement), and the suspended countervailing duty (CVD) investigation would be likely to lead to continuation or recurrence of a countervailable subsidy, and by the U.S. International Trade Commission (ITC) that termination of the suspended investigation would be likely lead to continuation or recurrence of material injury to an industry in the United States, Commerce is publishing this notice of continuation of the CVD Agreement.
**DATES:**
Applicable September 9, 2025.
**FOR FURTHER INFORMATION CONTACT:**
Sally C. Gannon or Samantha Fino, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-0162 or (202) 482-2861, respectively.
**SUPPLEMENTARY INFORMATION:**
**Background**
On December 19, 2014, Commerce and the Government of Mexico signed the CVD Agreement. [^1] On March 3, 2025, the ITC instituted, [^2] and Commerce initiated, [^3] the second sunset review of the CVD Agreement and the suspended CVD investigation on Sugar from Mexico, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). As a result of its review, Commerce determined that termination of the CVD Agreement and the suspended CVD investigation on Sugar from Mexico would likely lead to a continuation or recurrence of a countervailable subsidy and, therefore, notified the ITC of the net countervailable subsidy rates likely to prevail should the CVD Agreement be terminated. [^4]
[^1]*See Sugar from Mexico: Suspension of Countervailing Duty Investigation,* 79 FR 78044 (December 29, 2014); *see also Sugar from Mexico: Amendment to the Agreement Suspending the Countervailing Duty Investigation,* 85 FR 3613 (January 22, 2020).
[^2]*See Sugar from Mexico; Institution of Five-Year Reviews,* Investigation Nos. 701-TA-513 and 731-TA-1249 (Second Review), 90 FR 11062 (March 3, 2025).
[^3]*See Initiation of Five-Year (Sunset) Reviews,* 90 FR 11039 (March 3, 2025).
[^4]*See Sugar From Mexico: Final Results of the Expedited Second Sunset Review of the Agreement Suspending the Countervailing Duty Investigation,* 90 FR 30051 (July 8, 2025), and accompanying Issues and Decision Memorandum.
On September 9, 2025, pursuant to section 751(c) of the Act, the ITC published its determination that termination of the suspended CVD investigation on Sugar from Mexico would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. [^5]
[^5]*See Sugar from Mexico; Determinations,* Investigation No. 701-TA-513 and 731-TA-1249 (Second Review), 90 FR 43474 (September 9, 2025) ( *ITC Final Determination* ).
**Scope of the CVD Agreement**
The merchandise subject to the CVD Agreement is raw and refined sugar of all polarimeter readings derived from sugar cane or sugar beets. The chemical sucrose gives sugar its essential character. Sucrose is a nonreducing disaccharide composed of glucose and fructose linked by a glycosidic bond via their anomeric carbons. The molecular formula for sucrose is C12H22O11; the International Union of Pure and Applied Chemistry (IUPAC) International Chemical Identifier (InChl) for sucrose is 1S/C12H22O11/c13-l-4-6(16)8(18)9(19)11(21-4)23-12(3-15)10(20)7(17) 5(2-14)22-12/h4-11,13-20H,1-3H2/t4-,5-,6-,7-,8+,9-,10+,11-,12+/m1/s1; the InChl Key for sucrose is CZMRCDWAGMRECN-UGDNZRGBSA-N; the U.S. National Institutes of Health PubChem Compound Identifier (CID) for sucrose is 5988; and the Chemical Abstracts Service (CAS) Number of sucrose is 57-50-1.
Sugar described in the previous paragraph includes products of all polarimeter readings described in various forms, such as raw sugar, estandar or standard sugar, high polarity or semi-refined sugar, special white sugar, refined sugar, brown sugar, edible molasses, de-sugaring molasses, organic raw sugar, and organic refined sugar. Other sugar products, such as powdered sugar, colored sugar, flavored sugar, and liquids and syrups that contain 95 percent or more sugar by dry weight are also within the scope of this CVD Agreement.
The scope of the CVD Agreement does not include (1) sugar imported under the Refined Sugar Re-Export Programs of the U.S. Department of Agriculture; [^6] (2) sugar products produced in Mexico that contain 95 percent or more sugar by dry weight that originated outside of Mexico (3) inedible molasses (other than inedible desugaring molasses noted above); (4) beverages; (5) candy; (6) certain specialty sugars; (7) and processed food products that contain sugar ( *e.g.,* cereals). Specialty sugars excluded from the scope of this CVD Agreement are limited to the following: Caramelized slab sugar candy, pearl sugar, rock candy, dragees for cooking and baking, fondant, golden syrup, and sugar decorations.
[^6] This exclusion applies to sugar imported under the Refined Sugar Re-Export Program, the Sugar-Containing Products Re-Export Program, and the Polyhydric Alcohol Program administered by the U.S. Department of Agriculture.
Merchandise covered by this CVD Agreement is typically imported under the following headings of the HTSUS: 1701.12.1000, 1701.12.5000, 1701.13.1000, 1701.13.5000, 1701.14.1020, 1701.14.1040, 1701.14.5000, 1701.91.1000, 1701.91.3000, 1701.99.1015, 1701.99.1017, 1701.99.1025, 1701.99.1050, 1701.99.5015, 1701.99.5017, 1701.99.5025, 1701.99.5050, and 1702.90.4000. [^7] The tariff classification is provided for convenience and customs purposes; however, the written description of the scope of this CVD Agreement is dispositive.
[^7] Prior to July 1, 2016, merchandise covered by the CVD Agreement was classified in the HTSUS under subheading 1701.99.1010. Prior to January 1, 2020, merchandise covered by the CVD Agreement was classified in the HTSUS under subheadings 1701.14.1000 and 1701.99.5010.
**Continuation of Suspension of Investigation**
As a result of the respective determinations by Commerce and the ITC that termination of the CVD Agreement and the suspended CVD investigation would be likely to lead to continuation or recurrence of countervailable subsidies, and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act, Commerce hereby orders the continuation of the CVD Agreement. The effective date of continuation of the CVD Agreement will be September 9, 2025. [^8] Pursuant to section 751(c)(2) of the Act and 19 CFR 351.218(c)(2), Commerce intends to initiate the next five-year review of the CVD Agreement not later than 30 days prior to the fifth anniversary of the date of the last determination by the ITC.
[^8]*See ITC Final Determination.*
**Administrative Protective Order (APO)**
This notice also serves as a final reminder to parties subject to an APO concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction.
**Notification to Interested Parties**
This five-year (sunset) review and notice are in accordance with section 751(c) and 751(d)(2) of the Act, and published pursuant to section 777(i) of the Act and 19 CFR 351.218(f)(4).
Dated: September 16, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance.