Notice2022-12498
Raw Honey From Argentina, Brazil, India, and the Socialist Republic of Vietnam: Antidumping Duty Orders
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
June 10, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
Based on affirmative final determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC), Commerce is issuing antidumping duty orders on raw honey from Argentina, Brazil, India, and the Socialist Republic of Vietnam (Vietnam).
Full Text
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<title>Federal Register, Volume 87 Issue 112 (Friday, June 10, 2022)</title>
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[Federal Register Volume 87, Number 112 (Friday, June 10, 2022)]
[Notices]
[Pages 35501-35504]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12498]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-357-823, A-351-857, A-533-903, A-552-833]
Raw Honey From Argentina, Brazil, India, and the Socialist
Republic of Vietnam: Antidumping Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the U.S.
Department of Commerce (Commerce) and the U.S. International Trade
Commission (ITC), Commerce is issuing antidumping duty orders on raw
honey from Argentina, Brazil, India, and the Socialist Republic of
Vietnam (Vietnam).
DATES: Applicable June 10, 2022.
FOR FURTHER INFORMATION CONTACT: Thomas Martin and Eva Kim (Argentina);
Genevieve Coen (Brazil); Brittany Bauer and Benito Ballesteros (India);
and Jonathan Hill and Paola Aleman Ordaz (Vietnam), AD/CVD Operations,
Offices IV and V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3936, (202) 482-8283,
(202) 482-3251, (202) 482-3860, (202) 482-7425, (202) 482-3518, or
(202) 482-4031, respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 14, 2022, Commerce published in the Federal Register its
affirmative final determinations in the less-than-fair-value (LTFV)
investigations of raw honey from Argentina, Brazil, India, and
Vietnam.\1\ On May 27, 2022, the ITC notified Commerce of its final
determinations, pursuant to section 735(d) of the Tariff Act of 1930,
as amended (the Act), that an industry in the United States is
materially injured within the meaning of section 735(b)(1)(A)(i) of the
Act by reason of LTFV imports of raw honey from Argentina, Brazil,
India, and Vietnam, and of its determinations that critical
circumstances exist with respect to dumped imports of raw honey from
Vietnam and do not exist with respect to dumped imports of raw honey
from Argentina.\2\
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\1\ See Raw Honey from Argentina: Final Determination of Sales
at Less Than Fair Value and Final Affirmative Determination of
Critical Circumstances, 87 FR 22179 (April 14, 2022); Raw Honey from
Brazil: Final Determination of Sales at Less Than Fair Value, 87 FR
22182 (April 14, 2022) (Brazil Final Determination); Raw Honey from
India: Final Determination of Sales at Less Than Fair Value and
Final Negative Determination of Critical Circumstances, 87 FR 22188
(April 14, 2022) (India Final Determination); and Raw Honey from the
Socialist Republic of Vietnam: Final Affirmative Determination of
Sales at Less Than Fair Value and Final Affirmative Determination of
Critical Circumstances, 87 FR 22184 (April 14, 2022) (Vietnam Final
Determination).
\2\ See ITC's Letter, Investigation Nos. 731-TA-1560-1562 and
731-TA-1564 (Final), dated May 27, 2022.
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Scope of the Orders
The product covered by these orders is raw honey from Argentina,
Brazil, India, and Vietnam. For a complete description of the scope of
these orders, see the appendix to this notice.
Antidumping Duty Orders
On June 3, 2022, in accordance with section 735(d) of the Act, the
ITC published in the Federal Register its final determinations in these
investigations, in which it found that an industry in the United States
is materially injured by reason of imports of raw honey from Argentina,
Brazil, India, and Vietnam.\3\ Therefore, in accordance with sections
735(c)(2) and 736 of the Act, Commerce is issuing these antidumping
duty orders. Because the ITC determined that imports of raw honey from
Argentina, Brazil, India, and Vietnam are materially injuring a U.S.
industry, unliquidated entries of such merchandise from Argentina,
Brazil, India, and Vietnam, entered or withdrawn from warehouse for
consumption, are subject to the assessment of antidumping duties.
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\3\ See Raw Honey from Argentina, Brazil, India, and Vietnam, 87
FR 33831 (June 3, 2022).
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Therefore, in accordance with section 736(a)(1) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by Commerce, antidumping duties equal
to the amount by which the normal value of the merchandise exceeds the
export price (or constructed export price) of the merchandise, for all
relevant entries of raw honey from Argentina, Brazil, India, and
Vietnam. With the exception of entries occurring after the expiration
of the provisional
[[Page 35502]]
measures period and before publication of the ITC's final affirmative
injury determinations, as further described below, antidumping duties
will be assessed on unliquidated entries of raw honey from Argentina,
Brazil, and India entered, or withdrawn from warehouse, for
consumption, on or after November 23, 2021, the date of publication of
the Preliminary Determinations in the Federal Register.\4\ As further
described below, antidumping duties will be assessed on unliquidated
entries of raw honey from Vietnam entered, or withdrawn from warehouse,
for consumption, on or after August 25, 2021, which is 90 days prior to
the date of publication of the Vietnam Preliminary Determination.\5\
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\4\ See 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, 86 FR
66531 (November 23, 2021) (Argentina Preliminary Determination); 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);
and Raw Honey from India: Preliminary Affirmative Determination of
Sales at Less Than Fair Value, Preliminary Negative Determination of
Critical Circumstances, Postponement of Final Determination, and
Extension of Provisional Measures, 86 FR 66528 (November 23, 2021)
(collectively, Preliminary Determinations).
\5\ See 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, 86 FR 66526 (November 23, 2021); Raw Honey
from the Socialistic Republic of Vietnam: Preliminary Affirmative
Determination of Critical Circumstances in the Less-Than-Fair-Value
Investigation, 87 FR 2127 (January 13, 2022); and Raw Honey from the
Socialistic Republic of Vietnam: Preliminary Affirmative
Determination of Critical Circumstances in the Less-Than-Fair-Value
Investigation; Correction, 87 FR 7800 (February 10, 2022)
(collectively, Vietnam Preliminary Determination).
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Critical Circumstances
With respect to the ITC's negative critical circumstances
determination on imports of raw honey from Argentina, we will instruct
CBP to lift suspension and to refund any cash deposits made to secure
the payment of estimated antidumping duties with respect to entries of
the subject merchandise from Argentina entered, or withdrawn from
warehouse, for consumption on or after August 25, 2021 (i.e., 90 days
prior to the date of the publication of the Argentina Preliminary
Determination), but before November 23, 2021 (i.e., the date of
publication of the Preliminary Determinations).
Regarding Vietnam, the ITC found that critical circumstances exist
with respect to imports subject to Commerce's affirmative critical
circumstances finding within the meaning of section 735(b)(4)(A) of the
Act. As a result of Commerce's affirmative critical circumstances
determination under section 735(a)(3) of the Act, and the ITC's
affirmative critical circumstances determination under section
735(b)(4)(A) of the Act, retroactive duties will be applied to the
relevant imports for a period of 90 days prior to the suspension of
liquidation.\6\ Therefore, in accordance with section 736(a)(1) of the
Act, Commerce will direct CBP to assess, upon further instruction by
Commerce, antidumping duties equal to the amount by which the normal
value of the merchandise exceeds the export price (or constructed
export price) of the merchandise for all relevant entries of raw honey
from Vietnam. Antidumping duties will be assessed on unliquidated
entries of raw honey from Vietnam for Ban Me Thuot Honeybee Joint Stock
Company, Daklak Honeybee Joint Stock Company, the eligible separate
rate companies, and the Vietnam-wide entity entered, or withdrawn from
warehouse, for consumption on or after August 25, 2021, which is 90
days prior to the date of publication of the Vietnam Preliminary
Determination, in accordance with the critical circumstances finding in
the Vietnam Final Determination. Antidumping duties will not be
assessed on any entries occurring after the expiration of the
provisional measures period and before publication of the ITC's final
affirmative injury determinations, as further described below.
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\6\ See section 735(c)(4) of the Act; see also Statement of
Administrative Action Accompanying the Uruguay Round Agreements Act,
H.R. Doc. 103-316, Vol. 1 (1994), at 876 (``If both agencies make
affirmative critical circumstances determinations in their final
investigations, retroactive duties will be applied for a period
ninety days prior to suspension of liquidation.'').
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Continuation of Suspension of Liquidation
Except as noted in the ``Provisional Measures'' section of this
notice, in accordance with section 736 of the Act, Commerce will
instruct CBP to continue to suspend liquidation on all relevant entries
of raw honey from Argentina, Brazil, India, and Vietnam. These
instructions suspending liquidation will remain in effect until further
notice.
Commerce will also instruct CBP to require cash deposits equal to
the estimated weighted-average dumping margins indicated in the tables
below. Accordingly, effective on the date of publication in the Federal
Register of the notice of the ITC's final affirmative injury
determinations, CBP will require, at the same time as importers would
normally deposit estimated duties on subject merchandise, a cash
deposit equal to the rates listed below. For Argentina, Brazil, and
India, the relevant all-others rate applies to all producers or
exporters not specifically listed. For Vietnam, the Vietnam-wide entity
rate listed below applies to all exporters not specifically listed.
Provisional Measures
Section 733(d) of the Act states that suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months, except where exporters representing a
significant proportion of exports of the subject merchandise request
that Commerce extend the four-month period to no more than six months.
At the request of exporters that account for a significant proportion
of exports of raw honey from Argentina, Brazil, India, and Vietnam,
Commerce extended the four-month period to six months in these
investigations. Commerce published the Preliminary Determinations on
November 23, 2021.\7\
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\7\ See Preliminary Determinations.
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The extended provisional measures period, beginning on the date of
publication of the Preliminary Determinations, ended on May 21, 2022.
Therefore, in accordance with section 733(d) of the Act and our
practice,\8\ Commerce will instruct CBP to terminate the suspension of
liquidation and to liquidate, without regard to antidumping duties,
unliquidated entries of raw honey from Argentina, Brazil, India, and
Vietnam entered, or withdrawn from warehouse, for consumption after May
21, 2022, the final day on which the provisional measures were in
effect, until and through the day preceding the date of publication of
the ITC's final affirmative injury determinations in the Federal
Register. Suspension of liquidation and the collection of cash deposits
will resume on the date of publication of the ITC's final
determinations in the Federal Register.
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\8\ See, e.g., Certain Corrosion-Resistant Steel Products from
India, India, the People's Republic of China, the Republic of Korea
and Taiwan: Amended Final Affirmative Antidumping Determination for
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390, 48392
(July 25, 2016).
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Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins are as follows:
[[Page 35503]]
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Estimated weighted-
Exporter/producer average dumping
margin (percent)
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Argentina
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Asociaci[oacute]n De Cooperativas Argentinas 24.67
Cooperativa Limitada...............................
NEXCO S.A........................................... 9.17
Industrias Haedo S.A................................ 49.44
Compa[ntilde][iacute]a Inversora Platense S.A....... 49.44
All Others.......................................... 16.92
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Brazil
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Melbras Importadora E Exportadora Agroindustrial 7.89
Ltda...............................................
Api[aacute]rio Diamante Comercial Exportadora Ltda/ 83.72
Api[aacute]rio Diamante Produ[ccedil][atilde]o e
Comercial de Mel Ltda (Supermel) \9\...............
All Others.......................................... 7.89
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India
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Allied Natural Product.............................. 6.24
Ambrosia Natural Products (India) Private Limited/ 5.52
Ambrosia Enterprise/Sunlite India Agro Producer Co.
Ltd.\10\...........................................
All Others.......................................... 5.87
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Vietnam
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Ban Me Thuot Honeybee Joint Stock Company........... 61.27
Daklak Honeybee Joint Stock Company................. 58.74
Dak Nguyen Hong Exploitation of Honey Company 60.03
Limited TA, Nguyen Hong Honey Co., LTDTA...........
Nhieu Loc Company Limited........................... 60.03
Hoang Tri Honey Bee Company Limited (a.k.a. Hoang 60.03
Tri Honey Bee Co., Ltd.), H. T Honey Co., Ltd......
Viet Thanh Food Technology Development Investment 60.03
Company Limited, Viet Thanh Food Co., Ltd..........
Dongnai HoneyBee Corporation........................ 60.03
Sai Gon Bees Limited Company, Saigon Bees Co., Ltd., 60.03
Sai Gon Bees Co., Ltd..............................
Huong Rung Trading--Investment and Export Company, 60.03
Huong Rung Co., Ltd................................
Hai Phong Honeybee Company Limited.................. 60.03
Bao Nguyen Honeybee Co., Ltd........................ 60.03
Southern Honey Bee Company LTD...................... 60.03
Golden Bee Company Limited.......................... 60.03
Thanh Hao Bees Company Limited...................... 60.03
Daisy Honey Bee Joint Stock Company, Daisy Honey Bee 60.03
JSC, Daisy Honey Bee J.S.C.........................
Bee Honey Corporation of Ho Chi Minh City, Bee Honey 60.03
Corp. of Ho Chi Minh City, Behonex Corp............
Phong Son Limited Company, Phong Son Co., Ltd....... 60.03
Hoa Viet Honeybee One Member Company Limited, Hoa 60.03
Viet Honey Bee Co., Ltd., Hoa Viet Honeybee Co.,
Ltd................................................
Vietnam-wide Entity................................. 60.03
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Establishment of the Annual Inquiry Service Lists
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\9\ For the final determination, Commerce found that these
companies are affiliated within the meaning of section 771(33) of
the Act and that they constitute a single entity pursuant to 19 CFR
351.401(f). See Brazil Final Determination.
\10\ For the final determination, Commerce found that Ambrosia
Natural Products (India) Private Limited is affiliated with two
additional companies, Ambrosia Enterprise, and Sunlite India Agro
Producer Co. Ltd., within the meaning of section 771(33) of the Act
and, further, found that these companies should be treated as a
single entity, pursuant to 19 CFR 35l.401(f). See India Final
Determination.
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On September 20, 2021, Commerce published the final rule titled
``Regulations to Improve Administration and Enforcement of Antidumping
and Countervailing Duty Laws'' in the Federal Register.\11\ On
September 27, 2021, Commerce also published the notice titled ``Scope
Ruling Application; Annual Inquiry Service List; and Informational
Sessions'' in the Federal Register.\12\ The Final Rule and Procedural
Guidance provide that Commerce will maintain an annual inquiry service
list for each order or suspended investigation, and any interested
party submitting a scope ruling application or request for
circumvention inquiry shall serve a copy of the application or request
on the persons on the annual inquiry service list for that order, as
well as any companion order covering the same merchandise from the same
country of origin.\13\
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\11\ See Regulations to Improve Administration and Enforcement
of Antidumping and Countervailing Duty Laws, 86 FR 52300 (September
20, 2021) (Final Rule).
\12\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
\13\ Id.
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In accordance with the Procedural Guidance, for orders published in
the Federal Register after November 4, 2021, Commerce will create an
annual inquiry service list segment in Commerce's online e-filing and
document management system, Antidumping and Countervailing Duty
Electronic Service System (ACCESS), available at <a href="https://access.trade.gov">https://access.trade.gov</a>, within five business days of publication of the
notice of the order. Each annual inquiry service list will be saved in
ACCESS, under each case number, and under a specific segment type
called ``AISL-Annual Inquiry Service List.'' \14\
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\14\ This segment will be combined with the ACCESS Segment
Specific Information (SSI) field which will display the month in
which the notice of the order or suspended investigation was
published in the Federal Register, also known as the anniversary
month. For example, for an order under case number A-000-000 that
was published in the Federal Register in January, the relevant
segment and SSI combination will appear in ACCESS as ``AISL-January
Anniversary.'' Note that there will be only one annual inquiry
service list segment per case number, and the anniversary month will
be pre-populated in ACCESS.
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Interested parties who wish to be added to the annual inquiry
service list for an order must submit an entry of appearance to the
annual inquiry service list segment for the order in ACCESS within 30
days after the date of publication of the order. For ease of
administration, Commerce requests that law firms with more than one
attorney representing interested parties in an order designate a lead
attorney to be included on the annual inquiry service list. Commerce
will finalize the annual inquiry service list within five business days
thereafter. As mentioned in the Procedural Guidance, the new annual
inquiry service list will be in place until the following year, when
the Opportunity Notice for the anniversary month of the order is
published.
Commerce may update an annual inquiry service list at any time as
needed based on interested parties' amendments to their entries of
appearance to remove or otherwise modify their list of members and
representatives, or to update contact information. Any changes or
announcements pertaining to these procedures will be posted to the
ACCESS website at <a href="https://access.trade.gov">https://access.trade.gov</a>.
Special Instructions for Petitioners and Foreign Governments
In the Final Rule, Commerce stated that, ``after an initial request
and placement on the annual inquiry service list, both petitioners and
foreign governments will automatically be placed on the annual inquiry
service list in the years that follow.'' \15\ Accordingly, as stated
above, the petitioners and foreign governments should submit their
initial entry of appearance after publication of this notice in order
to appear in the first annual inquiry service list for those orders for
which they qualify as an interested party. Pursuant to 19 CFR
351.225(n)(3), the petitioners and foreign governments will not need to
resubmit their entries of appearance each year to continue to be
included on the annual inquiry service list. However, the petitioners
and foreign governments are responsible for making amendments to their
entries of appearance during the annual update to the annual inquiry
service list in accordance with the procedures described above.
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\15\ See Final Rule, 86 FR at 52335.
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Notification to Interested Parties
This notice constitutes the antidumping duty orders with respect to
raw honey from Argentina, Brazil, India, and Vietnam pursuant to
section 736(a) of the Act. Interested parties can find a list of
antidumping duty orders currently in effect at <a href="https://enforcement.trade.gov/stats/iastats1.html">https://enforcement.trade.gov/stats/iastats1.html</a>.
These antidumping duty orders are published in accordance with
section 736(a) of the Act and 19 CFR 351.211(b).
Dated: June 6, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Orders
The product covered by these orders 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 these orders 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 these orders is
dispositive.
[FR Doc. 2022-12498 Filed 6-9-22; 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.