1. Commerce received a scope ruling request from Batory Foods, Inc., and Rafi Industries, Inc. Commerce issued a final scope determination, on 09/03/2019, that U.S.-origin 'standard sugar' with sucrose/polarity content equal to or higher than 99.4, a maximum moisture content of 0.06 percent, and a maximum color of 600; and U.S.-origin 'refined sugar' with a sucrose/polarity content of at least 99.85, sediment of 3 ppm max, and a moisture content of 0.04 percent max, which are repackaged in Mexico into four ply, fifty-pound-capacity kraft paper bags (41.7145 inches by 30.50 inches) and 2,500-pound-capacity polypropylene 'supersacks' (50 inches in height, with a front panel measuring 37 inches and a side panel measuring 37 inches), imported by Rafi Industries, Inc., are not within the scope of the Agreements Suspending the Antidumping and Countervailing Duty Investigations on Sugar from Mexico (A-201-845 and C-201-846).

2. Commerce determined that the above-described products imported by Rafi Industries, Inc. are outside the scope of the agreements because the repackaging operations in Mexico do not substantially transform the products and thus do not alter their country of origin. Therefore, the above-described products of Batory Foods, Inc., and Rafi Industries, Inc. are not within the scope of the Agreements Suspending the Antidumping and Countervailing Duty Investigations on Sugar from Mexico.

3. All importers of the above-described products, including Rafi Industries, Inc., are required to submit the certification below to Commerce stating, among other information, that the imported products are U.S.-origin products. The certification must be filed with Commerce via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS) within 30 days of Entry or 30 days of Entry Summary, in accordance with Commerce's final scope determination. All importers of the described products must also submit the certification to CBP upon request.

4. If there are any questions by the importing public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, at (202) 482-0984. CBP ports should submit their inquiries through authorized CBP channels only. (This message was generated by OBAU:JM.)

5. There are no restrictions on the release of this information.

Alexander Amdur

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Importer Certification

I hereby certify that:

1. My name is {INSERT COMPANY OFFICIAL'S NAME HERE} and I am an official of {INSERT NAME OF IMPORTING COMPANY};

2. I have direct personal knowledge (FN1) of the facts regarding the importation of the U.S.-origin sugar, i.e., sugar that is grown, processed, and refined in the United States, that entered under entry number(s) {INSERT ENTRY NUMBER(S)} and is covered by this certification;

3. The merchandise was entered on {INSERT ENTRY DATE};

4. I have personal knowledge (FN2) of the facts regarding the U.S. production of the imported products covered by this certification;

5. I have personal knowledge of the facts regarding the repackaging and sifting processes in Mexico that affect the imported products covered by this certification;

6. The U.S.-origin sugar imported from the Mexico, as identified above, is grown, processed, and refined in the United States.

7. The sugar is not processed in Mexico beyond repackaging the sugar and sifting the sugar to remove lumps and foreign materials.

8. The identified product(s) exported from the United States to Mexico by {INSERT NAME OF EXPORTING COMPANY}, and subsequently imported into the United States by {INSERT NAME OF IMPORTING COMPANY}, are not subject to any U.S. antidumping order, countervailing duty order, or suspended investigation (suspension agreement) on merchandise from any country;

9. I understand that {INSERT NAME OF IMPORTING COMPANY} is required to submit this certification to Commerce via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS) within 30 days of the entry of such a shipment of U.S.-origin sugar or within 30 days of the entry summary;

10. I understand that the certification must be electronically filed via ACCESS in its entirety by 5:00 p.m. ET on the day it is due.

11. I understand that {INSERT NAME OF IMPORTING COMPANY} is required to submit this certification to CBP upon request;

12. I understand that the claims made herein, and any substantiating documentation, are subject to verification by Commerce and/or CBP;

13. I understand that failure to submit the required certification may result in further enforcement action by Commerce and/or CBP, including, but not limited to, the following: referral to CBP for customs fraud; referral to the appropriate Mexican authorities; initiation of an anti-circumvention inquiry (if appropriate); and export limit penalties under Section V.D. of the Agreement Suspending the Countervailing Duty Investigation on Sugar from Mexico.

14. I understand that agents of the importer, such as brokers, are not permitted to make this certification;

15. This certification was completed at or prior to the time of the entry;

16. I am aware that U.S. law (including, but not limited to, 18 U.S.C. #1001) imposes criminal sanctions on individuals who knowingly and willfully make material false statements to the U.S. government;

Signature_____________________
{Name of importing company official}

_____________________
Title

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Date

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Date of Entry Summary (If Applicable)

FN1: For purposes of this certification, 'direct personal knowledge' refers to cognizance of the facts the certifying party is expected to have in its own books and records.

FN2: For purposes of this certification, 'personal knowledge' refers to cognizance of facts, including those obtained from another party.