Notice2025-06287
Raw Honey From the Socialist Republic of Vietnam: Final Results 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
April 14, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that Ban Me Thout Honeybee Joint Stock Company (BMT) and DakLak Honeybee Joint Stock Company (DakHoney), sold raw honey from the Socialist Republic of Vietnam (Vietnam) in the United States at less than normal value during the period of review (POR) August 25, 2021, through May 31, 2023.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 70 (Monday, April 14, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 70 (Monday, April 14, 2025)]
[Notices]
[Pages 15553-15555]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-06287]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-833]
Raw Honey From the Socialist Republic of Vietnam: Final Results
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) determines that Ban
Me Thout Honeybee Joint Stock Company (BMT) and DakLak Honeybee Joint
Stock Company (DakHoney), sold raw honey from the Socialist Republic of
Vietnam (Vietnam) in the United States at less than normal value during
the period of review (POR) August 25, 2021, through May 31, 2023.
DATES: Applicable April 14, 2025.
FOR FURTHER INFORMATION CONTACT: Krisha Hill or Stephanie Trejo, 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) 482-4037 or (202) 482-4390,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 5, 2024, Commerce published the Preliminary Results of the
2021-2023 administrative review of the antidumping duty (AD) order on
raw honey from Vietnam.\1\ We invited interested parties to comment on
the Preliminary Results. For details of the events that occurred since
the Preliminary Results, see the Issues and Decision Memorandum.\2\
---------------------------------------------------------------------------
\1\ See Raw Honey From the Socialist Republic of Vietnam:
Preliminary Results of Antidumping Duty Administrative Review; 2021-
2023, 89 FR 55554 (July 5, 2024) (Preliminary Results), and
accompanying Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, '' Issues and Decision Memorandum for the
Final Results of the 2021-2023 Administrative Review of the
Antidumping Duty Order on Raw Honey from the Socialist Republic of
Vietnam,'' dated concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order \3\
---------------------------------------------------------------------------
\3\ See Raw Honey From Argentina, Brazil, India, and the
Socialist Republic of Vietnam: Antidumping Duty Orders, 87 FR 35501
(June 10, 2022) (Order).
---------------------------------------------------------------------------
The product covered by this order is raw honey from Vietnam. For a
full description of the scope of the Order, see the Issues and Decision
Memorandum.
Analysis of Comments Received
A summary of the events that occurred since Commerce published the
Preliminary Results, as well as a full discussion of the issues raised
by parties for these final results, may be found in the Issues and
Decision Memorandum.\4\ A list of the issues that parties raised and to
which we responded in the Issues and Decision Memorandum is provided in
the appendix to this notice. The Issues and 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 Issues
and Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
---------------------------------------------------------------------------
\4\ See Issues and Decision Memorandum.
---------------------------------------------------------------------------
Changes Since the Preliminary Results
Based on a review of the record and the comments received from
interested parties, and for the reasons explained in the Issues and
Decision Memorandum, we made certain changes to the preliminary
weighted-average dumping margin calculations for BMT and DakHoney. For
further discussion of these changes, see the Issues and Decision
Memorandum.
Separate Rates
No parties commented on our preliminary separate rate
determination. Therefore, we have continued to grant separate rate
status to 15 companies/company groups listed in the ``Final Results of
Review'' section, below. Additionally, consistent with the Preliminary
Results, we have continued to deny separate rate status to the
following companies: (1) Bee Honey Corporation of Ho Chi Minh City; (2)
Golden Bee Company Limited; (3) Golden Honey Co., Ltd.; (4) Hai Phong
Honeybee Company Limited; (5) Highlands Honeybee Travel Co., Ltd.; (6)
Hoa Viet Honeybee Co., Ltd.; (7) Hung Binh Phat; (8) Hung Thinh Trading
Pvt; (9) Huong Rung Co., Ltd.; (10) Huong Viet Honey Co., Ltd.; (11)
Nguyen Hong Honey Co., LTDTA; (12) Phong Son Co., Ltd.; (13) Saigon
Bees Co., Limited; (14) Thai Hoa Mat Bees Raising Co., Ltd.; (15) Thai
Hoa Viet Mat Bees Raising Co.; (16) TNB Foods Co., Ltd.; and (17)
Vinawax Producing Trading and Service Company Limited.\5\
---------------------------------------------------------------------------
\5\ See Raw Honey From the Socialist Republic of Vietnam:
Preliminary Results of Antidumping Duty Administrative Review; 2021-
2023, 89 FR 55554 (July 5, 2024).
---------------------------------------------------------------------------
Rate for Non-Examined Separate Rate Respondents
The statue and Commerce's regulations do not address what rate to
apply to respondents 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 calculating the
rate for non-selected respondents that are not examined individually in
an administrative review. Section 735(c)(5)(A) of the Act states that
the all-others rate should be calculated by averaging the weighted-
average dumping margins for individually-examined respondents,
excluding rates that are zero, de minimis, or based entirely on facts
available. When the rates for individually examined companies are all
zero, de minimis, or based entirely on facts available, section
735(c)(5)(B) of the Act provides that Commerce may use ``any reasonable
method'' to establish the all-others rate.
We calculated a 100.72 percent dumping margin for one of the
mandatory respondents in this review, BMT, and a 156.96 percent dumping
margin for the other mandatory respondent, DakHoney. Therefore, we
assigned the separate rate respondents identified in the rate chart
below, a dumping margin equal to the weighted average of the dumping
margins for BMT and DakHoney,\6\ consistent with
[[Page 15554]]
the guidance in section 735(c)(5)(A) of the Act.\7\
---------------------------------------------------------------------------
\6\ With two respondents under examination, Commerce normally
calculates: (A) a weighted-average of the dumping margins calculated
for the examined respondents; (B) a simple average of the dumping
margins calculated for the examined respondents; and (C) a weighted-
average of the dumping margins calculated for the examined
respondents using each company's publicly ranged U.S. sale
quantities for the merchandise under consideration. Commerce then
compares (B) and (C) to (A) and selects the rate closest to (A) as
the most appropriate rate for all other producers and exporters.
See, e.g., Ball Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews, Final Results of Changed Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010).
\7\ See Memorandum, ``Final Calculation of the Dumping Margin
for Respondents Not Selected for Individual Examination,'' dated
concurrently with, and hereby adopted by, this notice for the
discussion of this issue.
---------------------------------------------------------------------------
Final Results of Review
We determine that the following dumping margins exist for the
period August 25, 2021, through May 31, 2023:
------------------------------------------------------------------------
Weighted-average
Exporter dumping margin
(percent)
------------------------------------------------------------------------
Ban Me Thuot Honeybee Joint Stock Company........... 100.72
Daklak Honeybee Joint Stock Company................. 156.96
Bao Nguyen Honeybee Co., Ltd........................ 121.97
Daisy Honey Bee Joint Stock Company................. 121.97
Dak Nguyen Hong Exploitation of Honey Company 121.97
Limited TA.........................................
Dongnai HoneyBee Corporation........................ 121.97
Hanoi Honey Bee Joint Stock Company................. 121.97
Hoa Viet Honeybee One Member Company Limited........ 121.97
Hoang Tri Honey Bee Co., Ltd........................ 121.97
Huong Rung Trading-Investment and Export Company 121.97
Limited............................................
Nhieu Loc Company Limited........................... 121.97
Southern Honey Bee Company Ltd...................... 121.97
Spring Honeybee Co., Ltd............................ 121.97
Thanh Hao Bees Co., Ltd............................. 121.97
Viet Thanh Food Co., Ltd............................ 121.97
------------------------------------------------------------------------
Disclosure
Pursuant to 19 CFR 351.224(b), we will disclose the calculations we
performed for these final results to the parties to this proceeding
within five days of the publication of this notice in the Federal
Register.
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), Commerce will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise covered by the final results of this
review. Commerce intends to issue assessment instructions to CBP no
earlier than 35 days after the publication date of these final results
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).
For each individually examined respondent in this review whose
weighted-average dumping margin in the final results of review is not
zero or de minimis (i.e., less than 0.5 percent), Commerce intends to
calculate importer/customer-specific assessment rates.\8\ Where the
respondent reported reliable entered values, Commerce intends to
calculate importer/customer-specific ad valorem assessment rates by
aggregating the amount of dumping calculated for all U.S. sales to the
importer/customer and dividing this amount by the total entered value
of the merchandise sold to the importer/customer.\9\ Where the
respondent did not report entered values, Commerce will calculate
importer/customer-specific assessment rates by dividing the amount of
dumping for reviewed sales to the importer/customer by the total
quantity of those sales. Commerce will calculate an estimated ad
valorem importer/customer-specific assessment rate to determine whether
the per-unit assessment rate is de minimis; however, Commerce will use
the per-unit assessment rate where entered values were not
reported.\10\ Where an importer/customer-specific ad valorem assessment
rate is not zero or de minimis, Commerce will instruct CBP to collect
the appropriate duties at the time of liquidation. Where either the
respondent's weighted average dumping margin is zero or de minimis, or
an importer/customer-specific ad valorem assessment rate is zero or de
minimis, Commerce will instruct CBP to liquidate appropriate entries
without regard to antidumping duties.\11\
---------------------------------------------------------------------------
\8\ See Antidumping Proceedings: Calculation of the Weighted
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012)
(Final Modification).
\9\ See 19 CFR 351.212(b)(1).
\10\ Id.
\11\ See Final Modification, 77 FR at 8103.
---------------------------------------------------------------------------
Pursuant to Commerce's refinement to its practice, for sales that
were not reported in the U.S. sales database submitted by a respondent
individually examined during this review, Commerce will instruct CBP to
liquidate the entry of such merchandise at the dumping margin assigned
to the Vietnam-wide entity (i.e., 60.03 percent).\12\ For respondents
not individually examined in this administrative review that qualified
for a separate rate, the assessment rate will be equal to the weighted-
average dumping margin assigned to the respondents in these final
results of review.\13\
---------------------------------------------------------------------------
\12\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011); see also, 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).
\13\ See Drawn Stainless Steel Sinks from the People's Republic
of China: Preliminary Results of the Antidumping Duty Administrative
Review and Preliminary Determination of No Shipments: 2014-2015, 81
FR 29528 (May 12, 2016), and accompanying PDM at 10-11, unchanged in
Drawn Stainless Steel Sinks from the People's Republic of China:
Final Results of Antidumping Duty Administrative Review; Final
Determination of No Shipments; 2014-2015, 81 FR 54042 (August 15,
2016).
---------------------------------------------------------------------------
Additionally, where Commerce determines that an exporter under
review had no shipments of subject merchandise to the United States
during the POR, any suspended entries of subject merchandise that
entered under that exporter's CBP case number during
[[Page 15555]]
the POR will be liquidated at the dumping margin assigned to the
Vietnam-wide entity.
In accordance with section 751(a)(2)(C) of the Act, 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 review and for future deposits of estimated antidumping
duties, where applicable.
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) for the exporters listed above, the cash
deposit rate will be equal to the weighted-average dumping margins
established in the final results of this review, except if the rate is
de minimis, in which case the cash deposit rate will be zero; (2) for
previously-examined Vietnamese and non-Vietnamese exporters not listed
above that at the time of entry are eligible for a separate rate base
on a prior completed segment of this proceeding, the cash deposit rate
will continue to the be the existing exporter-specific cash deposit
rate; (3) for all Vietnam exporters of subject merchandise that have
not been found to be entitled to a separate rate, the cash deposit rate
will be the rate previously established for the Vietnam-wide entity
(60.03 percent); and (4) for all non-Vietnamese exporters of subject
merchandise which at the time of entry do not have a separate rate, the
cash deposit rate will be the rate applicable to the Vietnamese
exporter that supplied the non-Vietnamese exporter. These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
Notification of Importers
This notice serves as a final 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 the POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties has occurred and the subsequent assessment of
double antidumping duties.
Administrative Protective Order (APO)
This notice also serves as a final reminder to parties subject to
an APO of their responsibility to return or destroy proprietary
information disclosed under an APO in accordance with 19 CFR
351.305(a)(3), which continues to govern business proprietary
information in this segment of the proceeding. Timely written
notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a violation subject
to sanction.
Notification to Interested Parties
Commerce is issuing and publishing the final results of this review
in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(5).
Dated: April 7, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether Commerce Should Apply Partial Adverse Facts
Available (AFA) to Account for DakLak Honeybee Joint Stock Company
(DakHoney)'s Failure To Report Drum Yield Loss
Comment 2: Whether Commerce Should Apply Partial AFA To Account
for DakHoney's Failure To Submit a Revised Factors of Production
(FOP) Database Using Actual Weight
Comment 3: Whether Commerce Should Apply Partial AFA To Address
Certain Errors Found at Verification for DakHoney
Comment 4: Whether Egypt is a Significant Producer of Raw Honey
Comment 5: Selection of Surrogate Country
Comment 6: Surrogate Value (SV) for Raw Honey
Comment 7: SV for Drums
Comment 8: Selection of Surrogate Financial Statements
VI. Recommendation
[FR Doc. 2025-06287 Filed 4-11-25; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on April 14, 2025.
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.