Notice2023-20442
Raw Honey From the Socialist Republic of Vietnam: Addendum to Initiation of Antidumping Duty Administrative Review
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
September 21, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) has received requests to conduct an administrative review of the antidumping duty (AD) order on raw honey from the Socialist Republic of Vietnam (Vietnam). As explained below, in accordance with Commerce's regulations, we are initiating this administrative review with respect to certain companies.
Full Text
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<title>Federal Register, Volume 88 Issue 182 (Thursday, September 21, 2023)</title>
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[Federal Register Volume 88, Number 182 (Thursday, September 21, 2023)]
[Notices]
[Pages 65155-65158]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-20442]
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DEPARTMENT OF COMMERCE
International Trade Administration
Raw Honey From the Socialist Republic of Vietnam: Addendum to
Initiation of Antidumping Duty Administrative Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) has received
requests to conduct an administrative review of the antidumping duty
(AD)
[[Page 65156]]
order on raw honey from the Socialist Republic of Vietnam (Vietnam). As
explained below, in accordance with Commerce's regulations, we are
initiating this administrative review with respect to certain
companies.
DATES: Applicable September 21, 2023.
FOR FURTHER INFORMATION CONTACT: Stephen Bailey, AD/CVD Operations,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230, telephone: (202) 482-0193.
SUPPLEMENTARY INFORMATION:
Background
In the notice of opportunity to request administrative review for
June anniversary orders, Commerce inadvertently listed an incorrect
period of review (POR) for this proceeding.\1\ Commerce noted this
error in its August Initiation Notice in which it initiated the reviews
for this proceeding using the correct POR of August 25, 2021, through
May 31, 2023.\2\ Commerce also noted the error in a subsequent
opportunity notice, giving parties a further opportunity to request an
administrative review using the correct POR.\3\ Commerce received
timely requests, in accordance with 19 CFR 351.213(b), for an
administrative review of the antidumping duty order on raw honey from
Vietnam pursuant to both the June Opportunity Notice and the August
Opportunity Notice.
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\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review and Join Annual Inquiry Service List, 88 FR 35835, 35837
(June 1, 2023) (June Opportunity Notice).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 51271, 51276 (August 3, 2023) (August
Initiation Notice).
\3\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review and Join Annual Inquiry Service List, 88 FR 50840 (August 2,
2023) (August Opportunity Notice).
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Commerce received numerous review requests pursuant to the June
Opportunity Notice.\4\ Commerce received one review request pursuant to
the August Opportunity Notice for Spring Honeybee Co., Ltd. Further, we
note that while a review request was submitted for Thai Hoa Mat Bees
Rasing Co., Ltd. pursuant to the June Opportunity Notice, Commerce did
not initiate a review for this company in its August Initiation
Notice.\5\ Commerce is hereby initiating an administrative review for
both Spring Honeybee Co., Ltd. and Thai Hoa Mat Bees Rasing Co., Ltd.
See ``Initiation of Review'' section below.
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\4\ See August Initiation Notice.
\5\ See Letter, ``Request for Antidumping Duty Administrative
Review,'' dated June 30, 2023 and August Initiation Notice.
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All deadlines referenced in the August Initiation Notice apply to
those companies upon which Commerce initiated a review in the August
Initiation Notice (e.g., Notice of No Sales, Particular Market
Situation, Separate Rates, Duty Absorption Reviews). Commerce intends
to conduct respondent selection based on the publication date of this
notice. Additionally, the preliminary and final results deadlines
remain aligned with the initiation of this proceeding made pursuant to
the August Initiation Notice \6\ regardless of whether a review was
requested pursuant to the June Opportunity Notice or the August
Opportunity Notice.
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\6\ See August Initiation Notice.
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Respondent Selection
In the event Commerce limits the number of respondents for
individual examination for the administrative review initiated pursuant
to requests made for the order identified below, Commerce intends to
select respondents based on U.S. Customs and Border Protection (CBP)
data for U.S. imports during the POR. We intend to place the CBP data
on the record within five days of publication of this initiation notice
and to make our decision regarding respondent selection within 35 days
of publication of this initiation Federal Register notice. Comments
regarding the CBP data and respondent selection should be submitted
within seven days after the placement of the CBP data on the record of
this review. Parties wishing to submit rebuttal comments should submit
those comments within five days after the deadline for the initial
comments.
In the event Commerce decides it is necessary to limit individual
examination of respondents and conduct respondent selection under
section 777A(c)(2) of the Tariff Act of 1930, as amended (the Act), the
following guidelines regarding collapsing of companies for purposes of
respondent selection will apply. In general, Commerce has found that
determinations concerning whether particular companies should be
``collapsed'' (e.g., treated as a single entity for purposes of
calculating antidumping duty rates) require a substantial amount of
detailed information and analysis, which often require follow-up
questions and analysis. Accordingly, Commerce will not conduct
collapsing analyses at the respondent selection phase of this review
and will not collapse companies at the respondent selection phase
unless there has been a determination to collapse certain companies in
a previous segment of this AD proceeding (e.g., investigation,
administrative review, new shipper review, or changed circumstances
review). For any company subject to this review, if Commerce
determined, or continued to treat, that company as collapsed with
others, Commerce will assume that such companies continue to operate in
the same manner and will collapse them for respondent selection
purposes. Otherwise, Commerce will not collapse companies for purposes
of respondent selection.
Parties are requested to: (a) identify which companies subject to
review previously were collapsed, and (b) provide a citation to the
proceeding in which they were collapsed. Further, if companies are
requested to complete the Quantity and Value (Q&V) Questionnaire for
purposes of respondent selection, in general, each company must report
volume and value data separately for itself. Parties should not include
data for any other party, even if they believe they should be treated
as a single entity with that other party. If a company was collapsed
with another company or companies in the most recently completed
segment of this proceeding where Commerce considered collapsing that
entity, complete Q&V data for that collapsed entity must be submitted.
The following applies to Spring Honeybee Co., Ltd. and Thai Hoa Mat
Bees Raising Co., Ltd., the companies for which we are now initiating a
review:
Notice of No Sales
With respect to antidumping administrative reviews, if a producer
or exporter named in this notice of initiation had no exports, sales,
or entries during the POR, it must notify Commerce within 30 days of
publication of this notice in the Federal Register. All submissions
must be filed electronically at <a href="https://access.trade.gov">https://access.trade.gov</a>, in accordance
with 19 CFR 351.303.\7\ Such submissions are subject to verification,
in accordance with section 782(i) of the Act. Further, in accordance
with 19 CFR 351.303(f)(1)(i), a copy must be served on every party on
Commerce's service list.
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\7\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011).
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Deadline for Withdrawal of Request for Administrative Review
Pursuant to 19 CFR 351.213(d)(1), a party that has requested a
review may withdraw that request within 90 days of the date of
publication of the notice of initiation of the requested review. The
regulation provides that Commerce may extend this time if it is
reasonable to do so. Determinations by Commerce to extend the 90-day
deadline will be made on a case-by-case basis.
Deadline for Particular Market Situation Allegation
Section 504 of the Trade Preferences Extension Act of 2015 amended
the Act by adding the concept of a particular market situation (PMS)
for purposes of constructed value under section 773(e) of the Act.\8\
Section 773(e) of the Act states that ``if a particular market
situation exists such that the cost of materials and fabrication or
other processing of any kind does not accurately reflect the cost of
production in the ordinary course of trade, the administering authority
may use another calculation methodology under this subtitle or any
other calculation methodology.'' When an interested party submits a PMS
allegation pursuant to section 773(e) of the Act, Commerce will respond
to such a submission consistent with 19 CFR 351.301(c)(2)(v). If
Commerce finds that a PMS exists under section 773(e) of the Act, then
it will modify its dumping calculations appropriately.
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\8\ See Trade Preferences Extension Act of 2015, Public Law 114-
27, 129 Stat. 362 (2015).
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Neither section 773(e) of the Act nor 19 CFR 351.301(c)(2)(v) set a
deadline for the submission of PMS allegations and supporting factual
information. However, in order to administer section 773(e) of the Act,
Commerce must receive PMS allegations and supporting factual
information with enough time to consider the submission. Thus, should
an interested party wish to submit a PMS allegation and supporting new
factual information pursuant to section 773(e) of the Act, it must do
so no later than 20 days after submission of initial responses to
section D of the questionnaire.
Separate Rates
In proceedings involving non-market economy (NME) countries,
Commerce begins with a rebuttable presumption that all companies within
the country are subject to government control and, thus, should be
assigned a single antidumping duty deposit rate. It is Commerce's
policy to assign all exporters of merchandise subject to an
administrative review in an NME country this single rate unless an
exporter can demonstrate that it is sufficiently independent so as to
be entitled to a separate rate.
To establish whether a firm is sufficiently independent from
government control of its export activities to be entitled to a
separate rate, Commerce analyzes each entity exporting the subject
merchandise. In accordance with the separate rates criteria, Commerce
assigns separate rates to companies in NME cases only if respondents
can demonstrate the absence of both de jure and de facto government
control over export activities.
All firms listed below that wish to qualify for separate rate
status in this administrative review, because it involves an NME
country, must complete, as appropriate, either a Separate Rate
Application or Certification, as described below. For this
administrative review, in order to demonstrate separate rate
eligibility, Commerce requires entities for whom a review was
requested, that were assigned a separate rate in the most recent
segment of this proceeding in which they participated, to certify that
they continue to meet the criteria for obtaining a separate rate. The
Separate Rate Certification form will be available on Commerce's
website at <a href="https://access.trade.gov/Resources/nme/nme-sep-rate.html">https://access.trade.gov/Resources/nme/nme-sep-rate.html</a> on
the date of publication of this Federal Register notice. In responding
to the certification, please follow the ``Instructions for Filing the
Certification'' in the Separate Rate Certification. Separate Rate
Certifications are due to Commerce no later than 30 calendar days after
publication of this Federal Register notice.
The deadline and requirement for submitting a Separate Rate
Certification applies equally to NME-owned firms, wholly foreign-owned
firms, and foreign sellers who purchase and export subject merchandise
to the United States.
Entities that currently do not have a separate rate from a
completed segment of the proceeding \9\ should timely file a Separate
Rate Application to demonstrate eligibility for a separate rate in this
proceeding. In addition, companies that received a separate rate in a
completed segment of the proceeding that have subsequently made
changes, including, but not limited to, changes to corporate structure,
acquisitions of new companies or facilities, or changes to their
official company name,\10\ should timely file a Separate Rate
Application to demonstrate eligibility for a separate rate in this
proceeding. The Separate Rate Application will be available on
Commerce's website at <a href="https://access.trade.gov/Resources/nme/nme-sep-rate.html">https://access.trade.gov/Resources/nme/nme-sep-rate.html</a> on the date of publication of this Federal Register notice.
In responding to the Separate Rate Application, refer to the
instructions contained in the application. Separate Rate Applications
are due to Commerce no later than 30 calendar days after publication of
this Federal Register notice. The deadline and requirement for
submitting a Separate Rate Application applies equally to NME-owned
firms, wholly foreign-owned firms, and foreign sellers that purchase
and export subject merchandise to the United States.
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\9\ Such entities include entities that have not participated in
the proceeding, entities that were preliminarily granted a separate
rate in any currently incomplete segment of the proceeding (e.g., an
ongoing administrative review, new shipper review, etc.) and
entities that lost their separate rate in the most recently
completed segment of the proceeding in which they participated.
\10\ Only changes to the official company name, rather than
trade names, need to be addressed via a Separate Rate Application.
Information regarding new trade names may be submitted via a
Separate Rate Certification.
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Exporters and producers must file a timely Separate Rate
Application or Certification if they want to be considered for
individual examination. Furthermore, exporters and producers who submit
a Separate Rate Application or Certification and subsequently are
selected as mandatory respondents will no longer be eligible for
separate rate status unless they respond to all parts of the
questionnaire as mandatory respondents.
Initiation of Review
In accordance with 19 CFR 351.221(c)(1)(i), in addition to the
companies named in the August Initiation Notice for which Commerce has
already initiated an admininstrative review, we are initiating an
administrative review of the AD order on raw honey from Vietnam (A-552-
833) for the below companies for the period 8/25/2021 through 5/31/
2023: Spring Honeybee Co., Ltd., Thai Hoa Mat Bees Raising Co., Ltd.
We intend to issue the final results of this review no later than
June 30, 2024.
Duty Absorption Reviews
During any administrative review covering all or part of a period
falling between the first and second or third and fourth anniversary of
the publication of an AD order under 19 CFR 351.211 or a determination
under
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19 CFR 351.218(f)(4) to continue an order or suspended investigation
(after sunset review), Commerce, if requested by a domestic interested
party within 30 days of the date of publication of the notice of
initiation of the review, will determine whether AD duties have been
absorbed by an exporter or producer subject to the review if the
subject merchandise is sold in the United States through an importer
that is affiliated with such exporter or producer. The request must
include the name(s) of the exporter or producer for which the inquiry
is requested.
Gap Period Liquidation
For the first administrative review of any order, there will be no
assessment of antidumping or countervailing duties on entries of
subject merchandise entered, or withdrawn from warehouse, for
consumption during the relevant ``gap'' period of the order (i.e., the
period following the expiry of provisional measures and before
definitive measures were put into place), if such a gap period is
applicable to the POR.
Administrative Protective Orders and Letters of Appearance
Interested parties must submit applications for disclosure under
administrative protective orders in accordance with the procedures
outlined in Commerce's regulations at 19 CFR 351.305. Those procedures
apply to administrative review included in this notice of initiation.
Parties wishing to participate in this administrative review should
ensure that they meet the requirements of these procedures (e.g., the
filing of separate letters of appearance as discussed at 19 CFR
351.103(d)).
Factual Information Requirements
Commerce's regulations identify five categories of factual
information in 19 CFR 351.102(b)(21), which are summarized as follows:
(i) evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). These regulations require any party,
when submitting factual information, to specify under which subsection
of 19 CFR 351.102(b)(21) the information is being submitted and, if the
information is submitted to rebut, clarify, or correct factual
information already on the record, to provide an explanation
identifying the information already on the record that the factual
information seeks to rebut, clarify, or correct. The regulations, at 19
CFR 351.301, also provide specific time limits for such factual
submissions based on the type of factual information being submitted.
Please review the Final Rule,\11\ available at <a href="http://www.govinfo.gov/content/pkg/FR-2013-07-17/pdf/2013-17045.pdf">www.govinfo.gov/content/pkg/FR-2013-07-17/pdf/2013-17045.pdf</a>, prior to submitting factual
information in this segment. Note that Commerce has temporarily
modified certain of its requirements for serving documents containing
business proprietary information, until further notice.\12\
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\11\ See Certification of Factual Information To Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also the
frequently asked questions regarding the Final Rule, available at
<a href="https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf">https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf</a>.
\12\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19, 85 FR 41363 (July 10, 2020).
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Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information using
the formats provided at the end of the Final Rule.\13\ Commerce intends
to reject factual submissions in any proceeding segments if the
submitting party does not comply with applicable certification
requirements.
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\13\ See section 782(b) of the Act; see also Final Rule; and the
frequently asked questions regarding the Final Rule, available at
<a href="https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf">https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf</a>.
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Extension of Time Limits Regulation
Parties may request an extension of time limits before a time limit
established under Part 351 expires, or as otherwise specified by
Commerce.\14\ In general, an extension request will be considered
untimely if it is filed after the time limit established under Part 351
expires. For submissions which are due from multiple parties
simultaneously, an extension request will be considered untimely if it
is filed after 10:00 a.m. on the due date. Examples include, but are
not limited to: (1) case and rebuttal briefs, filed pursuant to 19 CFR
351.309; (2) factual information to value factors under 19 CFR
351.408(c), or to measure the adequacy of remuneration under 19 CFR
351.511(a)(2), filed pursuant to 19 CFR 351.301(c)(3) and rebuttal,
clarification and correction filed pursuant to 19 CFR
351.301(c)(3)(iv); (3) comments concerning the selection of a surrogate
country and surrogate values and rebuttal; (4) comments concerning CBP
data; and (5) Q&V questionnaires. Under certain circumstances, Commerce
may elect to specify a different time limit by which extension requests
will be considered untimely for submissions which are due from multiple
parties simultaneously. In such a case, Commerce will inform parties in
the letter or memorandum setting forth the deadline (including a
specified time) by which extension requests must be filed to be
considered timely. This policy also requires that an extension request
must be made in a separate, stand-alone submission, and clarifies the
circumstances under which Commerce will grant untimely-filed requests
for the extension of time limits. Please review the Final Rule,
available at <a href="https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm">https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm</a>, prior to submitting factual information in this segment.
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\14\ See 19 CFR 351.302.
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This initiation and this notice are in accordance with section
751(a) of the Act (19 U.S.C. 1675(a)) and 19 CFR 351.221(c)(1)(i).
Dated: September 15, 2023.
Scot Fullerton,
Associate Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2023-20442 Filed 9-20-23; 8:45 am]
BILLING CODE 3510-DS-P
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