Notice2022-07996
Raw Honey From Brazil: Final 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
April 14, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines that imports of raw honey from Brazil are being, or are likely to be, sold in the United States at less than fair value (LTFV) for the period of investigation April 1, 2020, through March 31, 2021.
Full Text
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<title>Federal Register, Volume 87 Issue 72 (Thursday, April 14, 2022)</title>
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[Federal Register Volume 87, Number 72 (Thursday, April 14, 2022)]
[Notices]
[Pages 22182-22184]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-07996]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-857]
Raw Honey From Brazil: Final Determination of Sales at Less Than
Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that imports
of raw honey from Brazil are being, or are likely to be, sold in the
United States at less than fair value (LTFV) for the period of
investigation April 1, 2020, through March 31, 2021.
DATES: Applicable April 14, 2022.
FOR FURTHER INFORMATION CONTACT: 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) 482-3251.
SUPPLEMENTARY INFORMATION:
Background
On November 23, 2021, Commerce published its preliminary
determination in the LTFV investigation of raw honey from Brazil, in
which we also postponed the final determination until April 7, 2022.\1\
For a complete description of the events that followed the Preliminary
Determination, see the Issues and Decision Memorandum.\2\
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\1\ See Raw Honey from Brazil: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Postponement of
Final Determination, and Extension of Provisional Measures, 86 FR
66533 (November 23, 2021) (Preliminary Determination), and
accompanying Preliminary Decision Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Less-Than-Fair-Value
Investigation of Raw Honey from Brazil,'' dated concurrently with,
and hereby adopted by, this notice (Issues and Decision Memorandum).
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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
Appendix I.
Scope Comments
No interested party commented on the scope of the investigation as
it appeared in the Preliminary Determination. Therefore, no changes
were made to the scope of the investigation.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs that were
submitted by parties in this investigation are addressed in the Issues
and Decision Memorandum. For a list of the issues raised by interested
parties and addressed in the Issues and Decision Memorandum, see
Appendix II to this notice. The Issues and Decision Memorandum is a
public document and is made available to the public via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
<a href="http://access.trade.gov">http://access.trade.gov</a>. In addition, a complete version of the Issues
and Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Verification
Commerce was unable to conduct on-site verification of the
information relied upon in making its final determination in this
investigation. However, we took additional steps in lieu of an on-site
verification to verify the information relied upon in making this final
determination, in accordance with section 782(i) of the Tariff Act of
1930, as amended (the Act).\3\
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\3\ See Commerce's Letters, ``In Lieu of On-Site Verification
Questionnaire,'' dated December 9, 2021, and December 10, 2021; see
also Melbras' Letter, ``Melbras' In Lieu of Verification
Questionnaire Response,'' dated December 17, 2021; and Supermel's
Letter, ``Supermel's In Lieu of Verification Questionnaire
Response,'' dated December 20, 2021.
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Changes Since the Preliminary Determination
Based on the comments received from interested parties and record
information, we have relied on facts otherwise available with an
adverse inference (AFA) for one of the mandatory respondents in this
investigation, Supermel.\4\ For a discussion of these changes, see the
Issues and Decision Memorandum.
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\4\ As discussed in the Preliminary Determination, Supermel is a
trade name and consists of mandatory respondent Api[aacute]rio
Diamante Comercial Exportadora Ltda (Api[aacute]rio Export) and its
affiliate Api[aacute]rio Diamante Produ[ccedil][atilde]o e Comercial
de Mel Ltda (Api[aacute]rio Produ[ccedil][atilde]o) (collectively,
Supermel). For the final determination, we find that Api[aacute]rio
Export and Api[aacute]rio Produ[ccedil][atilde]o are affiliated
within the meaning of section 771(33) of the Act and should be
treated as a single entity, collectively referred to as Supermel,
pursuant to 19 CFR 35l.401(f). No parties commented on this
treatment. Accordingly, we have continued to treat these companies
as a single entity for this final determination. 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,'' dated November 17, 2021.
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[[Page 22183]]
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated
weighted-average dumping margin for all other producers and exporters
not individually investigated shall be equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated excluding rates that
are zero, de minimis, or determined entirely under section 776 of the
Act.
In this investigation, Commerce has determined a rate for Supermel
based entirely on section 776 of the Act. Commerce calculated an
individual estimated weighted-average dumping margin for Melbras that
is not zero, de minimis, or based entirely on facts otherwise
available. Because the estimated weighted-average dumping margin for
Melbras is the only individually-calculated dumping margin that is not
zero, de minimis, or based entirely on facts otherwise available, the
estimated weighted-average dumping margin calculated for Melbras is the
margin assigned to all other producers and exporters, pursuant to
section 735(c)(5)(A) of the Act.
Final Determination
The final estimated weighted-average dumping margins are as
follows:
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Estimated
weighted-average
Exporter/producer dumping margin
(percent)
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Melbras Importadora E Exportadora Agroindustrial Ltda 7.89
Api[aacute]rio Diamante Comercial Exportadora Ltda/ * 83.72
Api[aacute]rio Diamante Produ[ccedil][atilde]o e
Comercial de Mel Ltda (Supermel) \5\................
All Others........................................... 7.89
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* Margin is based on AFA.
Disclosure
Normally, Commerce discloses to the parties in a proceeding the
calculations that it performed in connection with the final
determination in accordance with 19 CFR 351.224(b). However, because we
made no changes to our preliminary weighted-average dumping margin
calculations for Melbras, there are no calculations to disclose for
this final determination.
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\5\ As noted above, we find that Api[aacute]rio Export and
Api[aacute]rio Produ[ccedil][atilde]o constitute a single entity in
this proceeding.
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Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all appropriate entries of raw honey from
Brazil, as described in Appendix I of this notice, which are entered,
or withdrawn from warehouse, for consumption on or after November 23,
2021, the date of publication in the Federal Register of the
affirmative Preliminary Determination.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), we will instruct CBP to require a cash deposit equal to the
estimated weighted-average dumping margin as follows: (1) The cash
deposit rate for the respondents listed above will be equal to the
respondent-specific estimated weighted-average dumping margin
determined in this final 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 respondent-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.
International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
International Trade Commission (ITC) of this final affirmative
determination of sales at LTFV. Because Commerce's final determination
is affirmative, in accordance with section 735(b)(2) of the Act, the
ITC will make its final determination as to whether the domestic
industry in the United States is materially injured, or threatened with
material injury, by reason of imports or sales (or the likelihood of
sales) for importation of raw honey from Brazil no later than 45 days
after this final determination. If the ITC determines that such injury
does not exist, this proceeding will be terminated, and all cash
deposits posted will be refunded and suspension of liquidation will be
lifted. If the ITC determines that such injury does exist, Commerce
will issue an antidumping duty order directing CBP to assess, upon
further instruction by Commerce, antidumping duties on all imports of
the subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation.
Notification Regarding Administrative Protective Order
This notice will serve as the only reminder to parties subject to
an administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return or destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a violation which is subject
to sanction.
Notification to Interested Parties
This determination and this notice are issued and published
pursuant to sections 735(d) and 777(i)(1) of the Act, and 19 CFR
351.210(c).
Dated: April 7, 2022.
Lisa W. Wang,
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.
[[Page 22184]]
Appendix II--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Changes Since the Preliminary Determination
IV. Discussion of the Issues
Comment 1: Whether to Base Supermel's Final Dumping Margin on
Total Adverse Facts Available (AFA)
Comment 2: Whether Beekeeper 2 Inappropriately Submitted New
Factual Information
Comment 3: Moot Arguments for Supermel
Comment 4: Date of Sale
Comment 5: Whether Commerce Should Apply AFA to Melbras'
Acquisition Costs
Comment 6: Whether Commerce Should Revise Melbras' Inland
Freight Expenses Using Partial AFA or Neutral Facts Available
V. Recommendation
[FR Doc. 2022-07996 Filed 4-13-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on April 14, 2022.
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