Notice2024-14912
Raw Honey From Argentina: Preliminary Results and Rescission, in Part, of Antidumping Duty Administrative Review; 2021-2023
Primary source
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Published
July 8, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that Asociaci[oacute]n De Cooperativas Argentinas Cooperativa Limitada (ACA), and the non-individually-examined companies for which a review was requested made sales of raw honey from Argentina is being sold in the United States at less than normal value (NV) during the period of review (POR), November 23, 2021, through May 31, 2023. Additionally, Commerce preliminarily determines that NEXCO S.A. (NEXCO) did not make sales of raw honey at prices below NV during the POR. We are also rescinding this review, in part, with respect to five companies which had no suspended entries. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 130 (Monday, July 8, 2024)</title>
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[Federal Register Volume 89, Number 130 (Monday, July 8, 2024)]
[Notices]
[Pages 55915-55917]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-14912]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-357-823]
Raw Honey From Argentina: Preliminary Results and Rescission, in
Part, of Antidumping Duty Administrative Review; 2021-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that Asociaci[oacute]n De Cooperativas Argentinas
Cooperativa Limitada (ACA), and the non-individually-examined companies
for which a review was requested made sales of raw honey from Argentina
is being sold in the United States at less than normal value (NV)
during the period of review (POR), November 23, 2021, through May 31,
2023. Additionally, Commerce preliminarily determines that NEXCO S.A.
(NEXCO) did not make sales of raw honey at prices below NV during the
POR. We are also rescinding this review, in part, with respect to five
companies which had no suspended entries. We invite interested parties
to comment on these preliminary results.
DATES: Applicable July 8, 2024.
FOR FURTHER INFORMATION CONTACT: Thomas Martin or Zachary Shaykin, 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) 482-3936 or (202)
482-2638, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 10, 2022, Commerce published in the Federal Register the
antidumping duty (AD) order on raw honey from Argentina.\1\ On August
3, 2023, Commerce initiated an administrative review of the Order
covering 24 companies, in accordance with section 751(a) of the Tariff
Act of 1930, as amended (the Act).\2\ On February 13, 2024, we extended
the deadline for the preliminary results of this review to June 28,
2024.\3\
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\1\ See Raw Honey from Argentina, Brazil, India, and the
Socialist Republic of Vietnam: Antidumping Duty Orders, 87 FR 35501
(June 10, 2022) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 51271 (August 3, 2023) (Initiation
Notice).
\3\ See Memorandum, ``Extension of Deadline for the Preliminary
Results of Antidumping Duty Administrative Review,'' dated February
13, 2024.
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For details regarding the events that occurred subsequent to the
initiation of this review, see the Preliminary Decision Memorandum.\4\
A list of topics discussed in the Preliminary Decision Memorandum is
included in as Appendix I 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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\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review of Raw Honey
from Argentina; 2021-2023,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order
The merchandise covered by the Order is raw honey from Argentina.
For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.
Rescission, in Part, of Administrative Review
Pursuant to 19 CFR 351.213(d)(3), Commerce will rescind an
administrative review when there are no entries of subject merchandise
during the POR for which liquidation is suspended.\5\ Normally, upon
completion of an administrative review, the suspended entries are
liquidated at the AD assessment rate calculated for the review
period.\6\ Therefore, for an administrative review of a company to be
conducted, there must be a suspended entry that Commerce can instruct
and U.S. Customs and Border Protection (CBP) to liquidate at the AD
assessment rate calculated for the POR.\7\
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\5\ See, e.g., Large Diameter Welded Pipe from Greece:
Rescission of Antidumping Duty Administrative Review; 2022-2023, 89
FR 4274 (January 23, 2024).
\6\ See 19 CFR 351.212(b)(2).
\7\ See 19 CFR 351.213(d)(3).
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On June 14, 2024, we notified parties of our intent to rescind this
administrative review, in part, with respect to the five companies
listed in Appendix II because there were no suspended entries of
subject merchandise produced or exported by these companies during the
POR. We invited interested parties to comment.\8\ No parties commented
on our intent to rescind the review, in part. In the absence of
suspended entries of subject merchandise from these companies during
the POR, we are rescinding, in part, the administrative review for the
companies listed in Appendix II, in accordance with 19 CFR
351.213(d)(3).
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\8\ See Memorandum, ``Notice of Intent to Rescind Review, In
Part,'' dated June 14, 2024.
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Methodology
Commerce is conducting this review in accordance with sections
751(a)(1) and (2) of the Act. We calculated constructed export price in
accordance with section 772(b) of the Act. We calculated NV in
accordance with section 773 of the Act. For a full description of the
methodology underlying these preliminary results, see the Preliminary
Decision Memorandum.
Rate for Non-Examined Companies
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to companies not selected for
individual examination when Commerce limits its examination in an
administrative review pursuant to section 777A(c)(2) of the Act.
Generally, Commerce looks to section 735(c)(5) of the Act, which
provides instructions for calculating the all-others rate in a market
economy investigation, for guidance when calculating the rate for
companies which were not selected for individual examination in an
administrative review. Under section 735(c)(5)(A) of the Act, the all-
others rate is normally ``an amount equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding any zero
or de minimis margins, and any margins determined entirely [verbar] on
the basis of facts available.'' In this review, we calculated a
weighted-average dumping margin for the two mandatory respondents, ACA
and NEXCO, of 58.34 percent and 0.00 percent, respectively, and we have
assigned to the non-selected companies a rate of 58.34 percent, which
is the rate calculated for ACA.
Preliminary Results of the Review
We preliminarily determine that the following weighted-average
dumping margins exist for the period of November 23, 2021, through May
31, 2023:
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Weighted-average
Producer or exporter dumping margin
(percent)
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Asociaci[oacute]n De Cooperativas Argentinas 58.34
Cooperativa Limitada................................
Nexco S.A............................................ 0.00
Review-Specific Rate for Non-Examined Companies \9\.. 58.34
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Disclosure
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\9\ See Appendix III.
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Commerce intends to disclose its calculations and analysis
performed for these preliminary results 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)(3) of the Act, we intend to verify
the information upon which we will rely in determining our final
results of review with respect to the mandatory respondents, ACA and
NEXCO.
Public Comment
As stated below, Commerce intends to verify the information upon
which it will rely in making its final determination. Interested
parties may submit case briefs within seven days after issuance of the
last verification report. Rebuttal briefs, limited to issues raised in
case briefs, may be filed no later than five days after the date for
filing case briefs.\10\ Interested parties who submit case briefs or
rebuttal briefs in this proceeding must submit: (1) a table of contents
listing each issue; and (2) a table of authorities.\11\
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\10\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Procedures).
\11\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings, we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide, at the beginning of their briefs, a public
executive summary for each issue raised in their briefs.\12\ Further,
we request that interested parties limit their public executive summary
of each issue to no more than 450 words, no including citations. We
intend to use the public executive summaries as the basis of the
comment summaries included in the issues and decision memorandum that
will accompany the final results in this administrative review. We
request that interested parties include footnotes for relevant
citations in the public executive summary of each issue. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\13\
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\12\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\13\ See APO and Service Procedures.
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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 Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain:
(1) party's name, address, and telephone number; (2) the number of
participants; and (3) a list of the issues to be discussed. Oral
presentations at the hearing will be limited to issues raised in the
briefs. If a request for a hearing is made, parties will be notified of
the time and date for the hearing.\14\
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\14\ See 19 CFR 351.310(d).
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Assessment Rates
Upon completion of this administrative review, Commerce shall
determine, and CBP shall assess, antidumping duties on all appropriate
entries. The final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
this review and for future deposits of estimated duties, where
applicable.\15\ Commerce intends to issue assessment instructions to
CBP no earlier than 35 days after the date of publication of the final
results of this review in the Federal Register. If a timely summons is
filed at the U.S. Court of International Trade, the assessment
instructions will direct CBP not to liquidate relevant entries until
the time for parties to file a request for a statutory injunction has
expired (i.e., within 90 days of publication).
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\15\ See section 751(a)(2)(C) of the Act.
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For an individually examined respondent whose weighted-average
dumping margin is not zero or de minimis (i.e., less than 0.50
percent), upon completion of the final results, Commerce intends to
calculate importer-specific AD assessment rates on the basis of the
ratio of the total amount of dumping calculated for each importer's
examined sales to the total entered value of those sales. Pursuant to
19 CFR 351.212(b)(1), neither ACA nor NEXCO reported actual entered
value for all of its U.S. sales; in such instances, we calculated
importer-specific per-unit duty assessment rates by aggregating the
importer's amount of dumping calculated for the examined sales and
dividing this amount by the total quantity of those sales. to consider
whether the importer-specific assessment rate is de minimis, we
estimated the enter value for each U.S. sales and calculated an
estimated ad valorem importer-specific assessment rate as the
importer's aggregated amount of dumping divided by the estimated entry
value of those sales. Where either a respondent's weighted-average
dumping margin is zero or de minimis, or an importer-specific estimated
ad valorem assessment rate is zero or de minimis, we intend to instruct
CBP to liquidate appropriate entries without regard to antidumping
duties.\16\
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\16\ See 19 CFR 351.106(c)(2); see also Antidumping Proceeding:
Calculation of the Weighted-Average Dumping Margin and Assessment
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR
8101, 8103 (February 14, 2012).
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Commerce's ``automatic assessment'' practice will apply to entries
of subject merchandise during the POR produced by ACA or NEXCO for
which it did not know that the merchandise it sold to an intermediary
(e.g., a reseller, trading company, or exporter) was destined for the
United States. In such instances, we will instruct CBP to liquidate
those entries at the all-others rate (i.e., 16.92 percent) \17\ if
there is no rate for the intermediate company(ies) involved in the
transaction.\18\
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\17\ See Raw Honey from Argentina: Final Determination of Sales
at Less Than Fair Value and Final Affirmative Determination of
Critical Circumstances, 87 FR 22179, 22181 (April 14, 2022) (Honey
Argentina Inv. Final).
\18\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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For the companies that were not selected for individual
examination, we the antidumping duty assessment rate will be equal to
the weighted-average
[[Page 55917]]
dumping margin calculated for each companies in the final results of
this review.
For the companies listed in Appendix II for which we are rescinding
this review, we will instruct CBP to assess antidumping duties on all
appropriate entries at a rate equal to the cash deposit of estimated
antidumping duties required at the time of entry, or withdrawal from
warehouse, in accordance with 19 CFR 351.212(c)(l)(i), not before 35
days after the publication date of these preliminary results.
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies
listed above will be equal to the weighted-average dumping margin
established in the final results of this review, except if the rate is
de minimis (i.e., less than 0.50 percent), in which case the cash
deposit rate will be zero; (2) for an exporter of subject merchandise
previously reviewed or investigated companies not covered by this
review, the cash deposit rate will continue to be equal to the company-
specific rate published for the most recently-completed segment of this
proceeding in which they were examined; (3) if the exporter is not a
firm covered in this review, a prior review, or the LTFV investigation,
but the producer is, the cash deposit rate will continue to be equal to
the rate established for the most recently-completed segment of this
proceeding for the producer of the merchandise; and (4) the cash
deposit rate for all other producers or exporters will continue to be
16.92 percent, the all-others rate established in the Amended Final
Determination.\19\
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\19\ See Honey Argentina Inv. Final, 87 FR at 22181.
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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review including the results of its
analysis of issues raised in written briefs, no later than 120 days
after the date of publication of this notice in the Federal Register,
pursuant to 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR 351.213, and 19
351.221(b)(4).
Dated: June 28, 2024.
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
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
Appendix II
Companies for Which Commerce is Rescinding this Review
1. Algodonera Avellaneda S.A.
2. Apicola Danangie.
3. Argentik LLC.
4. Camino de Circunvalancion y Calle.
5. Mieles Cor Pam Srl.
Appendix III
Non-Examined Companies Receiving a Review-Specific Rate
1. Azul Agronegocios S.A.
2. Compaia Apicola Argentina S.A.
3. Compania Inversora Platense S.A.
4. Cooperativa Apicola La Colmena Ltda.
5. D'Ambros Maria de Los Angeles y D'Ambros Maria Daniela SRL.
6. Gasrroni S.R.L.
7. Geomiel S.A.
8. Gruas San Blas S.A.
9. Honey & Grains Srl.
10. Industrial Haedo S.A.
11. Industrias Haedo S.A.
12. Naiman S.A.
13. Newsan S.A.
14. Patagonik Food S.A.,
15. Promiel Srl (Vicentin S.A.I.C.).
16. Terremare Foods S.A.S.
17. Villamora S.A.
[FR Doc. 2024-14912 Filed 7-5-24; 8:45 am]
BILLING CODE 3510-DS-P
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