Notice2021-25597
Raw Honey From Argentina: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, Postponement of Final Determination, and Extension of Provisional Measures
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Published
November 23, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) preliminarily determines that raw honey from Argentina is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation is April 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 66531-66533]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-25597]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-357-823]
Raw Honey From Argentina: Preliminary Affirmative Determination
of Sales at Less Than Fair Value, Preliminary Affirmative Determination
of Critical Circumstances, 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 Argentina is being, or is likely to be, sold in the
United States at less than fair value (LTFV). The period of
investigation is April 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: Eva Kim or Thomas Martin, 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) 482-8283 or (202) 482-3936,
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
published the notice of initiation of this investigation on May 18,
2021.\1\ On August 26, 2021, Commerce postponed the preliminary
determination of this investigation and the deadline is now November
17, 2021.\2\ 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="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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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).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Affirmative Determination in the Less-Than-Fair-Value Investigation
of Raw Honey from Argentina,'' 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
Argentina. For a complete 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, 86 FR at 26897-8.
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Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce has calculated constructed export
prices in accordance with section 772(b) of the Act. Normal value is
calculated in accordance with section 773 of the Act. In addition,
Commerce has relied on facts available with an adverse inference (AFA)
in determining a weighted-average dumping margin for Industrias Haedo
S.A., and Compa[ntilde][iacute]a Inversora Platense S.A, and partial
AFA in calculating a weighted-average dumping margin for
Asociaci[oacute]n De Cooperativas Argentinas Cooperativa Limitada
(ACA), under sections 776(a) and (b) of the Act. For a full description
of the methodology underlying the preliminary determination, see the
Preliminary Decision Memorandum.
[[Page 66532]]
Preliminary Affirmative Determination of Critical Circumstances
On October 21, 2021, the petitioners \6\ timely filed a critical
circumstances allegation, pursuant to section 733(e)(1) of the Act and
19 CFR 351.206(c)(1), alleging that critical circumstances exist with
respect to imports of raw honey from Argentina.\7\ In accordance with
section 733(e) of the Act and 19 CFR 351.206, Commerce preliminarily
determines that critical circumstances exist with respect to imports of
raw honey from Argentina produced and exported by ACA, Industrias Haedo
S.A., and Compa[ntilde][iacute]a Inversora Platense S.A.\8\.
Furthermore, we preliminarily determine that critical circumstances
exist with respect to imports of raw honey from Argentina produced and
exported by all other producers and exporters.\9\ For a full
description of Commerce's preliminary critical circumstances
determination, see the Preliminary Decision Memorandum.
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\6\ The petitioners are the American Honey Producers Association
and the Sioux Honey Association.
\7\ See Petitioners' Letter, ``Less-Than-Fair-Value
Investigation of Raw Honey from Argentina, Brazil, and India--
Petitioners' Allegations of Critical Circumstances,'' dated October
21, 2021; see also Petitioner's Letter, ``Less-Than-Fair-Value
Investigation of Raw Honey from Argentina, Brazil, and India--
Petitioners' Response to Request for Information Pertaining to
Allegations of Critical Circumstances,'' dated November 5, 2021.
\8\ See Preliminary Decision Memorandum.
\9\ Id.
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All-Others Rate
Sections 733(d)(1)(A)(ii) and 735(c)(5)(A) of the Act provide that
in the preliminary determination Commerce shall determine an estimated
all-others rate for all exporters and producers not individually
examined. This rate shall normally be an amount equal to the weighted
average of the estimated weighted-average dumping margins established
for exporters and producers individually investigated, excluding any
zero and de minimis margins, and any margins determined entirely under
section 776 of the Act.
In this investigation, Commerce preliminarily calculated individual
estimated weighted-average dumping margins for ACA and NEXCO that are
not zero, de minimis, or based entirely on facts otherwise available.
Commerce calculated the all-others rate using a simple average of the
estimated weighted-average dumping margins calculated for ACA and
NEXCO.\10\
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\10\ With more than one respondent under examination, Commerce
normally calculates: (A) A weighted-average of the estimated
weighted-average dumping margins calculated for the examined
respondents; (B) a simple average of the estimated weighted-average
dumping margins calculated for the examined respondents; and (C) a
weighted-average of the estimated weighted-average dumping margins
calculated for the examined respondents using each company's
publicly-ranged U.S. sale values for the merchandise under
consideration. Commerce then compares (B) and (C) to (A) and selects
the rate closest to (A) as the most appropriate rate for all other
producers and exporters. See Ball Bearings and Parts Thereof from
France, Germany, Italy, Japan, and the United Kingdom: Final Results
of Antidumping Duty Administrative Reviews, Final Results of
Changed-Circumstances Review, and Revocation of an Order in Part, 75
FR 53661, 53663 (September 1, 2010). As complete publicly-ranged
sales data was available, Commerce based the all-others rate on the
publicly-ranged sales data of the mandatory respondents. For a
complete analysis of the data, see Memorandum, ``Less Than Fair
Value Investigation of Raw Honey from Argentina: Preliminary
Determination Calculation for the All-Others,'' dated November 19,
2021.
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Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
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Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
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Asociaci[oacute]n De Cooperativas Argentinas Cooperativa 24.28
Limitada...................................................
NEXCO S.A................................................... 7.84
Industrias Haedo S.A........................................ 49.44
Compa[ntilde][iacute]a Inversora Platense S.A............... 49.44
All Others.................................................. 16.06
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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. 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 estimated weighted-
average dumping margin or the estimated all-others rate, as follows:
(1) The cash deposit rate for the respondents listed above will be
equal to the company-specific estimated weighted-average dumping
margins determined in this preliminary determination; (2) if the
exporter is not a respondent identified above, but the producer is,
then the cash deposit rate will be equal to the company-specific
estimated weighted-average dumping margin established for that producer
of the subject merchandise; and (3) the cash deposit rate for all other
producers and exporters will be equal to the all-others estimated
weighted-average dumping margin. These suspension of liquidation
instructions will remain in effect until further notice.
Disclosure
Commerce intends to disclose to interested parties its calculations
and analysis performed in connection with 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
verify the information relied upon in making the final determination
through alternative means in lieu of an on-site verification.
Public Comment
Case briefs or other written comments on non-scope issues may be
submitted to the Assistant Secretary for Enforcement and Compliance.
Interested parties will be notified of the timeline for the submission
of such case briefs and written comments at a later date. Rebuttal
briefs, limited to issues raised in case briefs, may be submitted no
later than seven days after the deadline date for case briefs.\11\ Note
that Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information until
further notice.\12\ 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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\11\ See 19 CFR 351.309(d); see also 19 CFR 351.303 (for general
filing requirements).
\12\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-10; 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
[[Page 66533]]
Compliance, U.S. Department of 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, time, and location of the hearing two
days before the scheduled date.
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), ACA and NEXCO
requested that Commerce postpone the final determination and that
provisional measures be extended to a period not to exceed six
months.\13\ 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 exporter accounts 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, pursuant to section
735(a)(2) of the Act.
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\13\ See ACA and NEXCO's Letter, ``Raw Honey from Argentina,
Case No. A-357-823: Asociaci[oacute]n de Cooperativas Argentinas
C.L. and NEXCO S.A.'s Request to Postpone 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 affirmative preliminary
determination. If the final determination is affirmative, then 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 are materially injuring, 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) and 19
CFR 351.210(g).
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.
Excluded 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. Application of Facts Available and Use of Adverse Facts
Available
V. Critical Circumstances
VI. Discussion of the Methodology
VII. Particular Market Situation
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2021-25597 Filed 11-22-21; 8:45 am]
BILLING CODE 3510-DS-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.