Notice2024-14988
Raw Honey From India: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Partial Rescission of Antidumping Duty Administrative Review; 2021-2023
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
July 9, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is conducting an administrative review of the antidumping duty (AD) order on raw honey from India for the period of review (POR) November 23, 2021, through May 31, 2023. Commerce preliminarily finds that sales of subject merchandise were made at prices below normal value (NV) during the POR. We are also preliminarily rescinding the review with respect to 14 companies that had no entries of the subject merchandise during the POR. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 131 (Tuesday, July 9, 2024)</title>
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[Federal Register Volume 89, Number 131 (Tuesday, July 9, 2024)]
[Notices]
[Pages 56306-56308]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-14988]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-903]
Raw Honey From India: Preliminary Results of Antidumping Duty
Administrative Review and Preliminary Partial Rescission 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) is conducting an
administrative review of the antidumping duty (AD) order on raw honey
from India for the period of review (POR) November 23, 2021, through
May 31, 2023. Commerce preliminarily finds that sales of subject
merchandise were made at prices below normal value (NV) during the POR.
We are also preliminarily rescinding the review with respect to 14
companies that had no entries of the subject merchandise during the
POR. We invite interested parties to comment on these preliminary
results.
DATES: Applicable July 9, 2024.
FOR FURTHER INFORMATION CONTACT: Brittany Bauer or Javier Barrientos,
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) 482-3860 or (202)
482-2243, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 3, 2023, Commerce initiated an administrative review of
the AD order on raw honey from India,\1\ in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act). This review
covers 30 producers/exporters of subject merchandise. Commerce selected
two mandatory respondents for individual examination, Allied Natural
Product (Allied) and Indocan Honey Private Limited (Indocan).
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 51271 (August 3, 2023) (Initiation
Notice); see also Raw Honey from Argentina, Brazil, India, and the
Socialist Republic of Vietnam: Antidumping Duty Orders, 87 FR 35501
(June 10, 2022) (Order).
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On February 15, 2024, Commerce extended the deadline for these
preliminary results until June 28, 2024.\2\ For a complete description
of the events that followed the initiation of this review, see the
Preliminary Decision Memorandum.\3\
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\2\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated February
15, 2024.
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order
on Raw Honey from India; 2021-2023,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order
The merchandise subject to the Order is raw honey from India. For a
full description of the scope, see the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with sections
751(a)(1)(B) and (2) of the Act. We calculated export price and
constructed export price in accordance with section 772 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. A list of
the topics discussed in the Preliminary Decision Memorandum is included
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>.
Preliminary Rescission of Administrative Review, in Part
Pursuant to 19 CFR 351.213(d)(3), when there are no reviewable
entries of subject merchandise during the POR subject to the AD order
for which liquidation is suspended, Commerce may rescind an
administrative review, in whole or only with respect to a particular
exporter or producer.\4\ At the end of the administrative review, any
suspended entries are liquidated at the assessment rate computed for
the review period.\5\ Therefore, for an administrative review to be
conducted, there must be a reviewable, suspended entry to be liquidated
at the newly calculated assessment rate.
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\4\ See, e.g., Forged Steel Fittings from Taiwan: Rescission of
Antidumping Duty Administrative Review; 2018-2019, 85 FR 71317,
71318 (November 9, 2020); see also Certain Circular Welded Non-Alloy
Steel Pipe from Mexico: Rescission of Antidumping Duty
Administrative Review; 2016-2017, 83 FR 54084 (October 26, 2018).
\5\ See 19 CFR 351.212(b)(1).
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On August 9, 2023, we released U.S. import data from U.S. Customs
and Border Protection (CBP) for the purpose of respondent selection.\6\
These data showed that 14 companies for which Commerce initiated an
administrative review had no reviewable, suspended entries of subject
merchandise.\7\ Accordingly, pursuant to 19 CFR 351.213(d)(3) and
(d)(4), we are preliminarily rescinding this administrative review with
respect to the 14 companies listed in Appendix II to this notice that
had no reviewable, suspended entries of subject merchandise during the
POR. Absent evidence of a shipment on the record from the 14 companies
listed in
[[Page 56307]]
Appendix II during the POR, Commerce intends to rescind its review of
these companies, pursuant to 19 CFR 351.213(d)(3).
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\6\ See Memorandum, ``Placing U.S. Customs and Border Protection
Data on the Record,'' dated August 9, 2023.
\7\ Id.
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Rate for Companies Not Individually Examined
The Act and Commerce's regulations do not address the establishment
of a weighted-average dumping margin to be assigned 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 an
investigation, for guidance when determining the weighted-average
dumping margin 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 and de minimis margins, and any margins determined
entirely {on the basis of facts available{time} .''
We preliminarily calculated a de minimis dumping margin for Allied
and an above de minimis margin for Indocan. Accordingly, we have
preliminarily assigned to the non-selected companies a rate of 0.59
percent, i.e., the rate for Indocan, because that is the only rate that
is not zero, de minimis, or based entirely on facts available.
Preliminary Results of the Review
We preliminarily determine that the following weighted-average
dumping margins exist for the period November 23, 2021, through May 31,
2023:
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\8\ The exporters or producers not selected for individual
examination are listed in Appendix III.
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Allied Natural Product...................................... 0.00
Indocan Honey Private Limited............................... 0.59
Companies Not Selected for Individual Review \8\............ 0.59
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Disclosure and Public Comment
We intend to disclose the calculations performed to parties within
five days after public announcement of the preliminary results or, if
there is no public announcement, within five days of the date of
publication of this notice.\9\ Interested parties may submit case
briefs no later than 30 days after the date of publication of this
notice.\10\ Rebuttal briefs, limited to issues raised in the case
briefs, may be filed not later than five days after the date for filing
case briefs.\11\ Interested parties who submit case or rebuttal briefs
in this proceeding must submit: (1) a table of contents listing each
issue; and (2) a table of authorities.\12\
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\9\ See 19 CFR 351.224(b).
\10\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for
general filing requirements).
\11\ 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).
\12\ See 19 351.309(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 briefs 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.\13\ Further,
we request that interested parties limit their public executive summary
of each issue to no more than 450 words, not 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).\14\
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\13\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\14\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings; Final
Rule, 88 FR 67069 (September 29, 2023).
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Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, filed electronically via ACCESS.\15\ Requests should
contain: (1) the party's name, address, and telephone number; (2) the
number of participants and whether any participant is a foreign
national; and (3) a list of issues to be discussed. Issues raised in
the hearing will be limited to those raised in case and rebuttal
briefs.\16\ If a request for a hearing is made, Commerce intends to
hold the hearing at a time and date to be determined. A hearing request
must be filed electronically using ACCESS and received in its entirety
by 5:00 p.m. Eastern Time within 30 days after the publication of this
notice.
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\15\ See 19 CFR 351.310(c).
\16\ See 19 CFR 351.310.
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Assessment Rates
Upon completion of the final results of this administrative review,
Commerce shall determine, and CBP shall assess, antidumping duties on
all appropriate entries covered by this review.\17\ Pursuant to 19 CFR
351.212(b)(1), if the weighted-average dumping margin for Allied or
Indocan is not zero or de minimis (i.e., less than 0.50 percent) in the
final results of this review, we will calculate importer-specific
assessment rates based on the ratio of the total amount of dumping
calculated for the importer's examined sales to the total entered value
of those same sales. If either respondent's weighted-average dumping
margin is zero or de minimis in the final results of review, or if an
importer-specific assessment rate is zero or de minimis, Commerce will
instruct CBP to liquidate appropriate entries without regard to
antidumping duties. 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.\18\
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\17\ See 19 CFR 351.212(b).
\18\ See section 751(a)(2)(C) of the Act.
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by Allied or
Indocan for which the company did not know that the merchandise was
destined for the United States, we will instruct CBP to liquidate those
entries at the all-others rate established in the original less-than-
fair-value (LTFV) investigation (i.e., 5.87 percent) \19\ if there is
no rate for the intermediate company(ies) involved in the
transaction.\20\
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\19\ See Order, 87 FR at 35503.
\20\ 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 listed in Appendix III which were not selected
for individual examination, we will assign an assessment rate based on
the review-specific rate, calculated as noted in the ``Rate for
Companies Not Individually Examined'' section, above. The final results
of this review shall be the basis for the assessment of antidumping
duties on entries of merchandise covered by the final results of this
[[Page 56308]]
review and for future deposits of estimated duties, where
applicable.\21\
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\21\ See section 751(a)(2)(C) of the Act.
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If, in the final results, we continue to find that the
administrative review for the companies listed in Appendix II should be
rescinded, we will instruct CBP to assess antidumping duties on any
suspended entries that entered under the CBP case numbers of those
companies (i.e., at those exporters' rates) at a rate equal to the cash
deposit of estimated antidumping duties required at the time of entry,
or withdrawal from warehouse, for consumption, during the POR.
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).
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 margins
established in the final results of this review, except if the rate is
less than 0.50 percent and, therefore, de minimis within the meaning of
19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero;
(2) for merchandise exported by a company not covered in this review,
but covered in a prior segment of the proceeding, the cash deposit rate
will be the company-specific rate published for the most recently-
completed segment in which it was reviewed; (3) if the exporter is not
a firm covered in this review or in the original LTFV investigation,
but the producer is, then the cash deposit rate will be 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 5.87 percent, the
all-others rate established in the LTFV investigation.\22\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\22\ See Order, 81 FR at 11176.
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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 the issues raised in any written briefs, no later than 120
days after the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. 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
Commerce is issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR
351.213 and 19 CFR 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. Preliminary Partial Rescission of Administrative Review
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
Appendix II--Companies for Which We Are Preliminarily Rescinding the
Administrative Review
1. AA Food Factory
2. Alpro
3. Aone Enterprises
4. Apl Logistics
5. Bee Hive Farms
6. Dabur India Limited
7. Ess Pee Quality Products
8. Infinator Pvt., Ltd.
9. Natural Agro Foods
10. NYSA Agro Foods
11. Shan Organics
12. Sunlite Organic
13. UTMT
14. Vedic Systems
Appendix III--Companies Not Selected for Individual Examination
1. Ambrosia Natural Products (India) Private Limited/Ambrosia
Enterprise/Sunlite India Agro Producer Co., Ltd.
2. Apis India Limited
3. Brij Honey Pvt., Ltd.
4. Ganpati Natural Products
5. GMC Natural Product
6. Hi Tech Natural Products India Ltd.
7. Kejriwal Bee Care India Private Limited
8. KK Natural Food Industries LLP
9. Pearlcot Enterprises
10. Queenbee Foods Pvt. Ltd.
11. Salt Range Foods Pvt. Ltd.
12. Shakti Api Foods Private Limited \23\
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\23\ We also initiated this review on ``Shakti Apifoods Pvt
Ltd,'' which we are preliminarily considering to be the same
company. See Initiation Notice.
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13. Shiv Apiaries
14. Yieppie Internationals
[FR Doc. 2024-14988 Filed 7-8-24; 8:45 am]
BILLING CODE 3510-DS-P
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