WASHINGTON, Jan. 4, 2017 - Is Mexico
sneaking tons of refined sugar across the border, disguised as raw product?
Some U.S. refiners believe so and the issue promises to be an early test for
the incoming Trump administration.
The Commerce Department has already
said in a preliminary finding that a 2014 “suspension agreement”
to restrict Mexican sugar exports to the U.S. is not working, but government
officials tell Agri-Pulse that a final ruling isn’t due until April.
For the next three months, Commerce
will be conducting “an administrative review” of the suspension agreement,
focusing on trade that occurred between Dec. 19, 2014, and Nov. 30, 2015,
according to government documents.
“Based upon the current record of
this review, there is some indication that certain individual transactions of
subject merchandise may not be in compliance with the terms of the (antidumping
agreement) and further, that the (antidumping agreement) may no longer be
meeting all of the statutory requirements,” Commerce said. Meanwhile, quiet
negotiations between U.S. and Mexican trade officials on a new agreement have
stalled, according to U.S. industry sources. Commerce officials have presented
the Mexican government with a new suspension agreement, but Mexico has not
agreed to it or come up with a counter-offer acceptable to U.S. negotiators.
“The ball is in Mexico’s court,” one
U.S. industry official said.
The U.S. tightly restricts the
amount of sugar that can enter the U.S. from countries around the world, except
Mexico. There is normally no cap on Mexican sugar, thanks to a provision in the
North American Free Trade Agreement. In September 2015, however, Commerce ruled
that Mexico was subsidizing its sugar shipments and allowing exporters to dump
product into the U.S. at 40 percent below market prices.
Mexico concurred with the suspension
agreement that limits the country’s exports in order to prevent retaliatory
tariffs of about 80 percent.
Shortly afterward, U.S. industry
representatives said they realized that the agreement was not working. It
wasn’t keeping enough Mexican sugar out of the U.S. market, and too much of the
product that entered was refined instead of raw.
An abundant supply of raw sugar is
needed by refiners here to keep the industry operating, but those U.S. companies
suffer when too much product that’s already refined comes in.
It’s a situation that spurred U.S.
refiners to take their concerns to Commerce officials about 10 months ago and
ask for help.
On March 3, 2016, Commerce officials
met separately with U.S. sugar refiners and Mexican government officials, and
the story each side told was completely different.
Representatives of the American
Sugar Coalition, according to a written account by David Cordell, a senior
policy analyst at Commerce, complained that their refineries did not have
enough sugar to process despite product flowing in from Mexico. The refiners
said they expected the situation to worsen and provided a chart showing that
record amounts of Mexican sugar were being classified as “other sugar” and
bypassing U.S. refiners.
Four days later, Commerce staff met
with representatives of the Mexican government and Mexican sugar companies.
Cordell, in a separate account, described assurances from the Mexicans that “the
agreements were working and that the (government of Mexico) and Mexican
producers/exporters were complying with the agreements.”
But U.S. industry representatives
saw things differently. According to Cordell, officials from Imperial Sugar, a
refiner and subsidiary of Louis Dreyfus Company LLC, sent this message to
Commerce at an April 6 meeting: “There is a core problem with the agreements
because they permit far too much refined sugar and not enough raw sugar into
the United States. As a result, Imperial Sugar representatives stated that the
suspension agreements have caused a raw sugar shortage, a dramatic increase in
raw sugar prices and an increase in U.S. refined beet sugar stocks such that
there is now a refined sugar surplus in the United States.”
On Nov. 10, Imperial delivered test
results to Commerce that the company said showed that imported sugar from
Mexico that the company received was more refined than the Mexican exporters
claimed, proving that at least some imports were fraudulent.
“While Imperial does not know how
many other transactions may have the same problem…, there is no reason to
believe that these transactions are not representative,” the company said in a
letter to Commerce. “The information shows that the suspension agreements are
being violated, the agreements are not capable of effective monitoring, and
that the agreements are not in the public interest.”
Lawyers on behalf of the Mexican
Sugar Chamber responded quickly to Imperial’s claims, saying the testing was
conducted in the U.S., far away from Mexican mills and therefore suspect. That
same sugar, they said in a Nov. 21 letter to Commerce, was also tested in
Mexico and met all requirements.
“The testing results alleged by
Imperial all appear to be based on testing after importation and arrival at
Imperial’s refinery. As further detailed below, there are numerous reasons why
testing in the United States may result in different polarity readings compared
to the testing conducted in Mexico,” the lawyers said.
But regardless of whether or not
there is fraud, U.S. sugar industry officials say that the suspension agreement
is not working. The deal depends on the USDA predicting how much imported sugar
will be needed from Mexico for an entire year and that is often unreliable.
The U.S.-Mexico suspension agreement
does not allow for USDA to reduce the limit for imports after it has been set.
It was especially unreliable for the
2015-16 marketing year. USDA documents show that the department set the limit
for Mexican imports at about 705,000 tons. Government and industry agreed that
U.S. farmers produced more than expected and that meant that not nearly so much
Mexican product was needed.
One industry source said the
USDA-set limit was about 250,000 tons too much.
“That’s a lot of sugar,” the source
said. “So now you’ve got the market well over-supplied. Adding sugar to a
market is easy. Taking it out of the market takes a long time and it’s hard. So
we’re stuck in this mess.”
#30
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