Notice2021-25596
Raw Honey From the Socialist Republic of Vietnam: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 23, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) preliminarily determines that raw honey from the Socialist Republic of Vietnam (Vietnam) is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation is October 1, 2020, through March 31, 2021. Interested parties are invited to comment on this preliminary determination.
Full Text
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<title>Federal Register, Volume 86 Issue 223 (Tuesday, November 23, 2021)</title>
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[Federal Register Volume 86, Number 223 (Tuesday, November 23, 2021)]
[Notices]
[Pages 66526-66528]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-25596]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-833]
Raw Honey From the Socialist Republic of Vietnam: Preliminary
Affirmative Determination of Sales at Less Than Fair Value,
Postponement of Final Determination, and Extension of Provisional
Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that raw honey from the Socialist Republic of Vietnam (Vietnam) is
being, or is likely to be, sold in the United States at less than fair
value (LTFV). The period of investigation is October 1, 2020, through
March 31, 2021. Interested parties are invited to comment on this
preliminary determination.
DATES: Applicable November 23, 2021.
FOR FURTHER INFORMATION CONTACT: Jonathan Hill or Paola Aleman Ordaz,
AD/CVD Operations, Office IV, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-3518 or (202)
482-4031, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
initiated this LTFV investigation on May 18, 2021.\1\ On August 26,
2021, Commerce postponed the preliminary determination of this
investigation and the revised deadline is now November 17, 2021.\2\
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\1\ See Raw Honey from Argentina, Brazil, India, Ukraine, and
the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-
Value Investigations, 86 FR 26897 (May 18, 2021) (Initiation
Notice).
\2\ See Raw Honey from Argentina, Brazil, India, Ukraine, and
the Socialist Republic of Vietnam: Postponement of Preliminary
Determinations in the Less-Than-Fair-Value Investigations, 86 FR
47624 (August 26, 2021).
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For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\3\ A list of topics included in the Preliminary Decision
Memorandum is included as Appendix II to this notice. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at <a href="http://access.trade.gov/public/FRNoticesListLayout.aspx">http://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\3\ See Memorandum, ``Raw Honey from the Socialist Republic of
Vietnam: Decision Memorandum for Preliminary Affirmative
Determination of Sales at Less Than Fair Value,'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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Scope of the Investigation
The product covered by this investigation is raw honey from
Vietnam. For a full description of the scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\5\ No interested
parties submitted comments on the scope of this investigation.
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\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice.
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Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce has calculated export prices in
accordance with section 772(a) of the Act. Because Vietnam is a non-
market economy, within the meaning of section 771(18) of the Act,
Commerce has calculated normal value (NV) in accordance with section
773 of the Act.
For a full description of the methodology underlying the
preliminary determination, see the Preliminary Decision Memorandum.
Combination Rates
In the Initiation Notice,<SUP>6</SUP> Commerce explained that it
would calculate producer/exporter combination rates for the respondents
that are eligible for a separate rate in this investigation. Policy
Bulletin 05.1 describes this practice.\7\
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\6\ See Initiation Notice, 86 FR at 26901.
\7\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigations involving Non-Market Economy
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on
Commerce's website at <a href="http://enforcement.trade.gov/policy/bull05-1.pdf">http://enforcement.trade.gov/policy/bull05-1.pdf</a>.
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[[Page 66527]]
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
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Estimated
weighted-
average
Producer Exporter dumping
margin
(percent)
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Ban Me Thuot Honeybee Joint Stock Ban Me Thuot Honeybee 413.99
Company. Joint Stock Company.
Daklak Honeybee Joint Stock Company. Daklak Honeybee Joint 410.93
Stock Company.
Dak Nguyen Hong Exploitation of Dak Nguyen Hong 412.49
Honey Company Limited TA. Exploitation of Honey
Company Limited TA.
Nhieu Loc Company Limited........... Nhieu Loc Company 412.49
Limited.
Hoang Tri Honey Bee Company Limited. Hoang Tri Honey Bee 412.49
Company Limited.
Viet Thanh Food Technology Viet Thanh Food 412.49
Development Investment Company Technology
Limited. Development
Investment Company
Limited.
Dongnai HoneyBee Corporation........ Dongnai HoneyBee 412.49
Corporation.
Saigon Bees Co., Ltd................ Saigon Bees Co., Ltd.. 412.49
Huong Rung Co., Ltd................. Huong Rung Co., Ltd... 412.49
Hai Phong Honeybee Company Limited.. Hai Phong Honeybee 412.49
Company Limited.
Bao Nguyen Honeybee Co., Ltd........ Bao Nguyen Honeybee 412.49
Co., Ltd.
Southern Honey Bee Company LTD...... Southern Honey Bee 412.49
Company LTD.
Golden Bee Company Limited.......... Golden Bee Company 412.49
Limited.
Than Hao Bees Company Limited....... Than Hao Bees Company 412.49
Limited.
Daisy Honey Bee Joint Stock Company. Daisy Honey Bee Joint 412.49
Stock Company.
Bee Honey Corporation of Ho Chi Minh Bee Honey Corporation 412.49
City. of Ho Chi Minh City.
Phong Son Limited Company........... Phong Son Limited 412.49
Company.
Hoa Viet Honey Bee Co., Ltd......... Hoa Viet Honey Bee 412.49
Co., Ltd.
Vietnam-wide Entity................. Vietnam-wide Entity... 412.49
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Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
of entries of subject merchandise, as described in Appendix I, entered,
or withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register, as discussed below.
Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR
351.205(d), Commerce will instruct CBP to require a cash deposit equal
to the weighted average amount by which NV exceeds U.S. price, as
indicated in the table above as follows: (1) For the producer/exporter
combinations listed in the table above, the cash deposit rate is equal
to the estimated weighted-average dumping margin listed for that
combination in the table; (2) for all combinations of Vietnam
producers/exporters of merchandise under consideration that have not
established eligibility for their own separate rates, the cash deposit
rate will be equal to the estimated weighted-average dumping margin
established for the Vietnam-wide entity; and (3) for all third-country
exporters of merchandise under consideration not listed in the table
above, the cash deposit rate is the cash deposit rate applicable to the
Vietnam producer/exporter combination (or the Vietnam-wide entity) that
supplied that third-country exporter. These suspension of liquidation
instructions will remain in effect until further notice.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Normally, Commerce verifies information using standard procedures,
including an on-site examination of original accounting, financial, and
sales documentation. However, due to current travel restrictions in
response to the global COVID-19 pandemic, Commerce is unable to conduct
on-site verification in this investigation. Accordingly, we intend to
take additional steps in lieu of on-site verification.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance. A timeline for the
submission of case briefs and written comments on non-scope issues will
be announced at a later date. Rebuttal briefs, limited to issues raised
in case briefs, may be submitted no later than seven days after the
deadline for case briefs.\8\ Note that Commerce has temporarily
modified certain of its requirements for serving documents containing
business proprietary information, until further notice.\9\ Pursuant to
19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or
rebuttal briefs in this investigation are encouraged to submit with
each argument: (1) A statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.
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\8\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\9\ See Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19, 85 FR 17006 (March 26, 2020); and Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID-19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of
[[Page 66528]]
Commerce, within 30 days after the date of publication of this notice.
Requests should contain the party's name, address, and telephone
number, the number of participants, whether any participant is a
foreign national, and a list of the issues to be discussed. If a
request for a hearing is made, Commerce intends to hold the hearing at
a time and date to be determined. Parties should confirm by telephone
the date and time of the hearing two days before the scheduled date of
the hearing.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioner. Section 351.210(e)(2) of Commerce's regulations
requires that a request by exporters for postponement of the final
determination be accompanied by a request for extension of provisional
measures from a four-month period to a period not more than six months
in duration.
On November 9, 2021, pursuant to 19 CFR 351.210(e), the petitioners
and Ban Me Thuot requested that Commerce postpone the final
determination and that provisional measures be extended to a period not
to exceed six months.\10\ In accordance with section 735(a)(2)(A) of
the Act and 19 CFR 351.210(b)(2)(ii), because: (1) The preliminary
determination is affirmative; (2) the requesting exporters account for
a significant proportion of exports of the subject merchandise; and (3)
no compelling reasons for denial exist, Commerce is postponing the
final determination and extending the provisional measures from a four-
month period to a period not greater than six months. Accordingly,
Commerce will make its final determination no later than 135 days after
the date of publication of this preliminary determination.
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\10\ See Petitioners' Letter, ``Raw Honey from Argentina,
Brazil, India, Ukraine, and Vietnam--Petitioners' Request for
Postponement of the Final Determination,'' dated November 9, 2021;
see also Ban Me Thuot's Letter, ``Raw Honey from the Socialist
Republic of Vietnam--Request to Extend Final Determination,'' dated
November 9, 2021.
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International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its preliminary
determination. If the final determination is affirmative, the ITC will
determine before the later of 120 days after the date of this
preliminary determination or 45 days after the final determination
whether these imports materially injure, or threaten material injury
to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c).
Dated: November 17, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, Performing the
Non-Exclusive Functions and Duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I--Scope of the Investigation
The merchandise covered by this investigation is raw honey. Raw
honey is honey as it exists in the beehive or as obtained by
extraction, settling, and skimming, or coarse straining. Raw honey
has not been filtered to a level that results in the removal of most
or all of the pollen, e.g., a level that removes pollen to below 25
microns. The subject products include all grades, floral sources and
colors of raw honey and also include organic raw honey.
Exclude from the scope is any honey that is packaged for retail
sale (e.g., in bottles or other retail containers of five (5) lbs.
or less).
The merchandise subject to this investigation is currently
classifiable under statistical subheading 0409.00.0005,
0409.00.0035, 0409.00.0045, 0409.00.0056, and 0409.00.0065 of the
Harmonized Tariff Schedule of the United States (HTSUS). Although
the HTSUS subheadings are provided for convenience and customs
purposes, the written description of the scope of this investigation
is dispositive.
Appendix II--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2021-25596 Filed 11-22-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on November 23, 2021.
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