Notice2024-17418
Raw Honey From the Socialist Republic of Vietnam: Final Results of Antidumping Duty Changed Circumstances 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
August 7, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) finds the Socialist Republic of Vietnam (Vietnam) remains a non-market economy (NME) country for purposes of U.S. antidumping duty (AD) law due to the sustained and pervasive government influence over its country's economic activities.
Full Text
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<title>Federal Register, Volume 89 Issue 152 (Wednesday, August 7, 2024)</title>
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[Federal Register Volume 89, Number 152 (Wednesday, August 7, 2024)]
[Notices]
[Pages 64411-64412]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-17418]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-833]
Raw Honey From the Socialist Republic of Vietnam: Final Results
of Antidumping Duty Changed Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) finds the Socialist
Republic of Vietnam (Vietnam) remains a non-market economy (NME)
country for purposes of U.S. antidumping duty (AD) law due to the
sustained and pervasive government influence over its country's
economic activities.
DATES: Applicable August 7, 2024.
FOR FURTHER INFORMATION CONTACT: Chien-Min Yang, Office of Policy,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-5484.
SUPPLEMENTARY INFORMATION:
Background
Commerce determined that Vietnam was an NME country under the U.S.
AD law in 2002. Since then, Commerce has consistently treated Vietnam
as an NME in all AD investigations and administrative reviews involving
imported products from Vietnam.
On September 8, 2023, the Government of Vietnam (GOVN) submitted a
letter to Commerce requesting a review of Vietnam's status as an NME
country within the context of a changed circumstances review (CCR) of
the AD order on raw honey from Vietnam.\1\ In response, Commerce
initiated a NME CCR and published the initiation in the Federal
Register on October 30, 2023.\2\ This review examines whether Vietnam
remains an NME country for purposes of the AD law, in accordance with
sections 751(b) and 771(18)(C)(ii) of the Tariff Act of 1930, as
amended (the Act).
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\1\ See GOVN's Letter, ``Request for the U.S. Commerce to
Initiate a Changed Circumstances Review,'' dated September 8, 2023.
\2\ See Raw Honey from the Socialist Republic of Vietnam:
Initiation of Antidumping Duty Changed Circumstances Review, 88 FR
74152 (October 30, 2023).
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To ensure full public and interested party participation in this
inquiry, Commerce invited public comment on Vietnam's economic status
as an NME country. All comments and rebuttal comments were received by
December 21, 2023, and February 1, 2024, respectively. Invitations for
comments, along with the comments and rebuttal comments themselves,
have remained accessible using the Federal eRulemaking portal at
<a href="https://www.regulations.gov">https://www.regulations.gov</a> under Docket Number ITA-2023-0010.
On March 8, 2024, Commerce received new factual information from
several domestic industries claiming that the GOVN submitted false
statements and omitted material facts regarding Vietnam's alleged
reforms in the context of the ongoing review of Vietnam's status as an
NME country.\3\ Given that Commerce has the inherent authority to
protect the integrity of its proceedings, it accepted the alleged
information as part of the administrative record and allowed all other
interested parties as well as the public to comment on these
allegations until April 5, 2024.\4\
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\3\ See Domestic Interested Parties' Letter, ``Raw Honey from
the Socialist Republic of Vietnam- Comments on the Government of
Vietnam's False Statements and Material Omissions,'' dated March 8,
2024. The domestic interested parties are: Catfish Farmers of
America and individual U.S. catfish processors America's Catch,
Inc., Alabama Catfish, LLC d/b/a Harvest Select Catfish, Inc.,
Consolidated Catfish Companies, LLC d/b/a Country Select Catfish,
Delta Pride Catfish, Inc., Guidry's Catfish, Inc., Heartland Catfish
Company, Magnolia Processing, Inc. d/b/a Pride of the Pond, and
Simmons Farm raised Catfish, Inc.
\4\ See Memorandum, ``Changed Circumstances Review of the
Socialist Republic of Vietnam's Status as a Non-market Economy
Country: Extension of Time to File Rebuttal Comments,'' dated March
29, 2024.
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On May 8, 2024, Commerce also held a public hearing regarding the
CCR of Vietnam's status as an NME country.\5\ This hearing allowed the
interested parties and the general public who participated in the
proceeding to express their views.
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\5\ See Hearing Transcript, ``Public Hearing,'' dated May 8,
2024.
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Analysis of Comments Received
Commerce's analysis of the issues raised by parties to this CCR
regarding Vietnam's status as a non-market economy country is included
in the NME Analysis Memorandum.\6\ The NME Analysis Memorandum is a
public document 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 NME Analysis
Memorandum can be accessed directly
[[Page 64412]]
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\6\ See Memorandum, ``Review of Vietnam's Status as a Non-market
Economy Country,'' dated concurrently with this notice (NME Analysis
Memorandum).
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Final Results of Changed Circumstances Review
This CCR was conducted pursuant to section 771(18)(A) of the Act,
which defines the term ``non-market economy country'' as a foreign
country determined by Commerce not to ``operate on market principles of
cost or pricing structures, so that sales of merchandise in such
country do not reflect the fair value of the merchandise.'' Section
771(18)(B) of the Act lists six factors Commerce must consider in any
inquiry made under section 771(18)(A) of the Act, and under section
771(18)(C)(i) of the Act, a country's NME status remains in effect
until revoked.
Section 771(18)(B) of the Act requires that Commerce take into
account: (1) the extent to which the currency of the foreign country is
convertible into the currency of other countries; (2) the extent to
which wage rates in the foreign country are determined by foreign
bargaining between labor and management; (3) the extent to which joint
ventures or other investments by firms of other foreign countries are
permitted in the foreign country; (4) the extent of government
ownership or control of the means of production; (5) the extent of
government control over the allocation of resources and over the price
and output decisions of enterprises; and (6) such other factors as the
administering authority (i.e., Commerce) considers appropriate.
Since Commerce's Vietnam NME Determination (2002),\7\ the GOVN has
undertaken notable market-oriented reforms to promote the development
of a more market-based economic system. These reforms have helped make
its national currency, the dong, more readily convertible, increased
Vietnam's openness to foreign investment, and gradually reduced
government ownership over the means of production within the economy.
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\7\ See Memorandum, ``Antidumping Duty Investigation of Certain
Frozen Fish Fillets from the Socialist Republic of Vietnam--
Determination of Market Economy Status,'' dated November 8, 2002
(Commerce Vietnam NME Determination (2002)).
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Despite these market-oriented reforms, the GOVN remains entrenched
in many aspects of the Vietnamese economy. The State Bank of Vietnam is
still not independent and continues to intervene in the foreign
exchange market to influence the value of the dong. Labor unions remain
dominated by the state-controlled Vietnam General Confederation of
Labor, hindering genuine collective bargaining and ultimately creating
conditions for suppressed wages and labor costs. Although Vietnam has
taken steps to make its overall foreign direct investment environment
more attractive, market access barriers, regulatory transparency, and
restrictions on corporate control and foreign ownership persist.
In addition to the above referenced points, Vietnam's economy is
still characterized by significant state ownership and control over the
means of production, most notably over companies and land. The GOVN
continues to play a significant role over the pricing and allocation of
credit in Vietnam. State-owned enterprises (SOE) command a
disproportionate amount of lending credit, among other structural
advantages, despite the SOE's relatively low efficiency levels compared
to their private-sector counterparts. The GOVN also uses state-directed
planning to communicate its objectives for the economy in terms of
business outcomes and resource allocations, and pervasive government
price controls continue to influence final prices of goods in Vietnam.
Finally, the Communist Party of Vietnam's influence over the judicial
system and persistent challenges with corruption continue to undermine
some of Vietnam's reform initiatives.
In sum, while Vietnam has implemented notable market-oriented
reforms, the extent of government involvement in the economy continues
to distort market conditions, rendering Vietnamese prices and costs
unusable for U.S. antidumping duty calculations. Therefore, based on
the totality of the six factors analyzed, Commerce determines that
Vietnam remains a non-market economy for purposes of U.S. AD law.
Notification to Interested Parties
This notice is issued and published in accordance with sections
751(b) and 771(18)(C)(ii) of the Act.
Dated: August 1, 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.
[FR Doc. 2024-17418 Filed 8-6-24; 8:45 am]
BILLING CODE 3510-DS-P
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