Notice2021-27375
Raw Honey From Brazil: Amended Preliminary Determination of Sales at Less Than Fair Value
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
December 17, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
On November 23, 2021, the Department of Commerce (Commerce) published its preliminary determination in the less-than-fair-value (LTFV) investigation of raw honey from Brazil in the Federal Register. Commerce is amending this preliminary determination to correct a significant ministerial error.
Full Text
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<title>Federal Register, Volume 86 Issue 240 (Friday, December 17, 2021)</title>
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[Federal Register Volume 86, Number 240 (Friday, December 17, 2021)]
[Notices]
[Pages 71614-71615]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-27375]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-857]
Raw Honey From Brazil: Amended Preliminary Determination of Sales
at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On November 23, 2021, the Department of Commerce (Commerce)
published its preliminary determination in the less-than-fair-value
(LTFV) investigation of raw honey from Brazil in the Federal Register.
Commerce is amending this preliminary determination to correct a
significant ministerial error.
DATES: Applicable December 17, 2021.
FOR FURTHER INFORMATION CONTACT: Justin M. Neuman or Genevieve Coen,
AD/CVD Operations, Office V, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-0486 or (202)
482-3251, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 23, 2021, Commerce published in the Federal Register
the preliminary determination in the LTFV investigation of raw honey
from Brazil.\1\ Also on this same date, one of the mandatory
respondents in the case, Supermel,\2\ filed a timely ministerial error
allegation concerning the Preliminary Determination.\3\
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\1\ See Raw Honey from Brazil: Preliminary Affirmative
Determination of Sales at Less-Than-Fair-Value Investigation,
Postponement of Final Determination, and Extension of Provisional
Measures, 86 FR 66533 (November 23, 2021) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum
(PDM).
\2\ Supermel is comprised of two entities: Api[aacute]rio
Diamante Comercial Exportadora Ltda and Api[aacute]rio Diamante
Produ[ccedil][atilde]o e Comercial de Mel Ltda. See Memorandum,
``Less-Than-Fair-Value Investigation of Raw Honey from Brazil:
Preliminary Affiliation and Single Entity Memorandum for
Api[aacute]rio Diamante Comercial Exportadora Ltda and
Api[aacute]rio Diamante Produ[ccedil][atilde]o e Comercial de Mel
Ltda,'' (Single Entity Memorandum) dated November 17, 2021.
\3\ See Supermel's Letter, ``Anti-Dumping Duty Investigation of
Raw Honey from Brazil: Supermel's Ministerial Error Comments,''
dated November 23, 2021 (Supermel's Ministerial Error Allegations).
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Period of Investigation
The period of investigation is April 1, 2020, through March 31,
2021.
Scope of the Investigation
The product covered by this investigation is raw honey from Brazil.
For a complete description of the scope of this investigation, see the
appendix.
Significant Ministerial Error
In accordance with 19 CFR 351.224(e), Commerce ``will analyze any
comments received and, if appropriate, correct any significant
ministerial error by amending the preliminary determination. . .'' A
ministerial error is defined in 19 CFR 351.224(f) as ``an error in
addition, subtraction, or other arithmetic function clerical error
resulting from inaccurate copying, duplication, or the like, and any
other similar type of unintentional error which the Secretary considers
ministerial.'' A significant ministerial error is defined as a
ministerial error, the correction of which, singly or in combination
with other errors, would result in: (1) A change of at least five
absolute percentage points in, but not less than 25 percent of, the
weighted-average dumping margin calculated in the original preliminary
determination; or (2) a difference between a weighted-average dumping
margin of zero or de minimis and a weighted-average dumping margin of
greater than de minimis or vice versa.\4\
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\4\ See 19 CFR 351.224(g)(1) and (2).
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Ministerial Error Allegations
Supermel timely alleged that Commerce made a ministerial error
involving the calculation of Supermel's general and administrative
(G&A) expenses and interest expenses. Supermel alleged that Commerce,
in calculating these expenses, treated the company's reported per-
kilogram figures as expense ratios, rather than as absolute amounts,
and then it used the resulting expenses in its sales-below-cost test
and constructed value calculations; Supermel alleges that this inflated
the preliminary weighted-average dumping margin calculation for
Supermel.\5\ After analyzing this allegation, we determine that we made
a significant ministerial error in the Preliminary Determination with
respect
[[Page 71615]]
to the application of Supermel's G&A and interest expenses.\6\ For a
detailed discussion of the aforementioned ministerial error allegation,
as well as Commerce's analysis of Supermel's comments, see the
Ministerial Error Memorandum.
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\5\ See Supermel's Ministerial Error Allegations at 2-3.
\6\ See Memorandum, ``Antidumping Duty Investigation of Raw
Honey from Brazil: Allegation of a Ministerial Error in the
Preliminary Determination,'' dated concurrently with this notice
(Ministerial Error Memorandum).
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Pursuant to 19 CFR 351.224(g)(1), Commerce's failure to apply
Supermel's G&A and interest expenses is significant because its
correction results in a change of at least five absolute percentage
points in, but not less than 25 percent of, the estimated weighted-
average dumping margin calculated in the Preliminary Determination
(i.e., a change from an estimated weighted-average dumping margin of
29.61 percent to 10.52 percent). Therefore, we are correcting the
ministerial error and amending our Preliminary Determination
accordingly.\7\
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\7\ Id.
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Amended Preliminary Determination
We are amending the Preliminary Determination to reflect the
correction of a significant ministerial error made in the margin
calculation for Supermel in accordance with 19 CFR 351.224(e). In
addition, because the preliminary all-others rate was based, in part,
on the estimated weighted-average dumping margin calculated for
Supermel, we are also amending the all-others rate.\8\ As a result of
the correction of the ministerial error, the revised estimated
weighted-average dumping margin for Supermel and the revised all-others
rate are as follows:
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\8\ In the Preliminary Determination, the rate calculated for
the other mandatory respondent, Melbras Importadora E Exportadora
Agroindustrial Ltda., was 7.89 percent. This rate was used along
with Supermel's amended preliminary rate to establish the amended
all-others rate, 9.38 percent. See Memorandum, ``Less-Than-Fair-
Value Investigation of Raw Honey from Brazil: Amended Calculation of
All-Others Rate,'' dated concurrently with this notice.
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Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
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Api[aacute]rio Diamante Comercial Exportadora Ltda/ 10.52
Api[aacute]rio Diamante Produ[ccedil][atilde]o e Comercial
de Mel Ltda \9\............................................
All Others.................................................. 9.38
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Amended Cash Deposits and Suspension of Liquidation
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\9\ As discussed in the Preliminary Determination and the Single
Entity Memorandum, we have determined that Api[aacute]rio Diamante
Comercial Exportadora Ltda and Api[aacute]rio Diamante
Produ[ccedil][atilde]o e Comercial de Mel Ltda are affiliated and
should be treated as a single entity.
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The collection of cash deposits and suspension of liquidation will
be revised according to the rates established in this amended
preliminary determination, in accordance with section 733(d) of the
Tariff Act of 1930, as amended (the Act). Because these amended rates
result in reduced cash deposit rates, they will be effective
retroactively to November 23, 2021, the date of publication of the
Preliminary Determination.
International Trade Commission Notification
In accordance with section 733(f) of the Act, we intend to notify
the International Trade Commission of our amended preliminary
determination.
Disclosure
We intend to disclose the calculations performed to parties in this
proceeding within five days after public announcement of the amended
preliminary determination, in accordance with 19 CFR 351.224.
Notification to Interested Parties
This amended preliminary determination is issued and published in
accordance with sections 733(f) and 777(i) of the Act, and 19 CFR
351.224(e).
Dated: December 10, 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--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.
[FR Doc. 2021-27375 Filed 12-16-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on December 17, 2021.
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