Notice2025-06324
Raw Honey From Brazil: 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 raw honey from Brazil was sold in the United States at prices below normal value. The period of review (POR) is November 23, 2021, through May 31, 2023.
Full Text
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<title>Federal Register, Volume 90 Issue 70 (Monday, April 14, 2025)</title>
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[Federal Register Volume 90, Number 70 (Monday, April 14, 2025)]
[Notices]
[Pages 15559-15561]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-06324]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-857]
Raw Honey From Brazil: 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 raw
honey from Brazil was sold in the United States at prices below normal
value. The period of review (POR) is November 23, 2021, through May 31,
2023.
DATES: Applicable April 14, 2025.
FOR FURTHER INFORMATION CONTACT: Rachel Jennings or John Frye, 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) 482-1110 or (202) 482-3035,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 5, 2024, Commerce published the preliminary results of this
review and invited parties to comment.\1\ This administrative review
covers 18 producers/exporters of raw honey from Brazil.\2\ Commerce
selected two respondents for individual examination, Apis Nativa
Agroindustrial Exportadora Ltda. (Apis Nativa) and Melbras Importadora
E Exportadora Agroindustrial Ltda. (Melbras). On July 22, 2024,
Commerce tolled certain deadlines in this administrative proceeding by
seven days.\3\ On October 23, 2024, Commerce extended the final results
of this review by 60 days.\4\ On December 9, 2024, Commerce tolled the
deadline to issue the final results in this administrative review by an
additional 90 days, to April 8, 2025.\5\ For a complete description the
events that occurred since the Preliminary Results, see the Issues and
Decision Memorandum.\6\
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\1\ See Raw Honey from Brazil: Preliminary Results and Partial
Recission of Antidumping Duty Administrative Review; 2021-2023, 89
FR 55582 (July 5, 2024) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
\2\ See Preliminary Results at Appendices II and III.
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\4\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,'' dated October 23, 2024.
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
\6\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Antidumping Duty Administrative Review of Raw
Honey from Brazil; 2021-2023,'' dated concurrently with, and hereby
adopted by, this notice (Issues and Decision Memorandum).
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Commerce conducted this review in accordance with section 751 of
the Tariff Act of 1930, as amended (the Act).
Scope of the Order \7\
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\7\ See Raw Honey from Argentina, Brazil, India, and the
Socialist Republic of Vietnam: Antidumping Duty Orders, 87 FR 35501
(June 10, 2022) (Order), as amended by See Raw Honey from Brazil:
Notice of Court Decision Not in Harmony With the Final Determination
of Antidumping Duty Investigation; Notice of Amended Final
Determination; Notice of Amended Antidumping Duty Order, 90 FR 9225
(February 10, 2025) (Amended Final).
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The merchandise covered this Order is raw honey from Brazil. For a
complete description of the scope of the Order, see the Issues and
Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs are addressed in
the Issues and Decision Memorandum. A list of the issues that parties
raised, and to which we responded in the Issues and Decision
Memorandum, is provided in Appendix I. The Issues and Decision
Memorandum is a public document and
[[Page 15560]]
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>.
Changes Since the Preliminary Results
Based on a review of the record and comments received from parties,
we made no changes to the margin calculations from the Preliminary
Results. For a discussion of the comments, see the Issues and Decision
Memorandum.
Rate for Non-Examined Companies
The Act and Commerce's regulations do not address the establishment
of a rate to be applied to companies not selected for 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 and de minimis margins, and any
margins determined entirely {on the basis of facts available{time} .''
In this review, we calculated weighted-average dumping margins of
zero percent for Apis Nativa and 2.31 percent for Melbras. Therefore,
in accordance with section 735(c)(5)(A) of the Act, we are applying
Melbras' weighted average dumping margin of 2.31 percent to the non-
examined companies (see Appendix II for a full list of these
companies), because this is the only rate that is not zero, de minimis,
or based entirely on facts available.
Final Results of Review
Commerce determines that the following weighted-average dumping
margins exist during the period November 23, 2021, through May 31,
2023:
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Weighted-average
Exporter/producer dumping margin
(percent)
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Apis Nativa Agroindustrial Exportadora Ltda......... 0.00
Melbras Importadora E Exportadora Agroindustrial 2.31
Ltda...............................................
Non-Examined Companies \8\.......................... 2.31
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Disclosure
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\8\ See Appendix II.
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Normally, Commerce discloses to interested parties the calculations
of the final results of an administrative review within five days of a
public announcement or, if there is no public announcement, within five
days of the date of publication of the notice of final results in the
Federal Register, in accordance with 19 CFR 351.224(b). However,
because we made no changes from the Preliminary Results, there are no
new calculations to disclose.
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries covered by this review. Where an importer-specific assessment
rate is either zero or de minimis, we will instruct CBP to liquidate
the appropriate entries without regard to antidumping duties.
Accordingly, because the weighted-average dumping margin for Apis
Nativa is zero percent, we will instruct CBP to liquidate Apis Nativa's
entries without regard to antidumping duties in accordance with 19 CFR
351.106(c)(2). Further, because Melbras' weighted average dumping
margin is not zero or de minimis, Commerce calculated importer-specific
assessment rates based on the ratio of the total dumping calculated for
the examined sales to the total entered value of the sales.
Consistent with Commerce's assessment practice, for entries of
subject merchandise during the POR produced by Apis Nativa or Melbras
for which these companies 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 of 9.38 percent,\9\ if there is no rate
for the intermediate company(ies) involved in the transaction.\10\
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\9\ See Amended Final, 90 FR at 9226.
\10\ 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 review, we
will assign an assessment rate based on the review-specific average
rates, calculated as noted in the ``Rates for Non-Examined Companies''
section above. We intend to instruct CBP to take into account the
``provisional measures deposit cap,'' in accordance with 19 CFR
351.212(d). 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 in these final results will be equal to the weighted-average
dumping margin established in the final results of this administrative
review; (2) for merchandise exported by producers or exporters not
covered in this administrative review but covered in a prior segment of
the proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently-completed segment of this
proceeding in which they were reviewed; (3) if the exporter is not a
firm covered in this review or the original LTFV investigation but the
producer is, the cash deposit rate will be the rate established for the
most recently-
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completed segment of this proceeding for the producer of the subject
merchandise; and (4) the cash deposit rate for all other producers or
exporters will continue to be 9.38 percent, the all-others rate
established in the LTFV investigation.\11\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\11\ See Amended Final, 90 FR at 9226.
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Notification to 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 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 concerning the return or destruction of
proprietary information disclosed under 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/destruction of APO materials, or conversion
to judicial protective order, is hereby requested. Failure to comply
with the regulations and the terms of an APO is a sanctionable
violation.
Notification to Interested Parties
Commerce is issuing and publishing these final results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(5).
Dated: April 8, 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 I
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 to Base Apis Nativa and Melbras' Dumping
Margins on Total Adverse Facts Available (AFA)
Comment 2: Whether Commerce Should Rely on its Standard Cost
Methodology for Apis Nativa
VI. Recommendation
Appendix II
List of Companies Not Individually Examined
1. Apidouro Comercial Exportadora E Importadora Ltda.
2. Api[aacute]rios Adams Agroindustrial Comercial Exportadora Ltda.
3. Breyer & Cia. Ltda.
4. Cooperativa Mista Dos Apicultores D
5. Flora Nectar
6. Lambertucci
7. Minamel
8. Nectar Floral
9. S & A Honey Ltda.
10. Api[aacute]rio Diamante Comercial Exportadora Ltda/
Api[aacute]rio Diamante Produ[ccedil][atilde]o e Comercial de Mel
Ltda (Supermel)
11. Central de Cooperativas Ap[iacute]colas do Semi[aacute]rido
Brasileiro--CASA APIS
12. Floranectar Ind. Comp. Imp. E Exp. De Mel
13. Minamel Agroind[uacute]stria Ltda.
14. Annamell Imp. E Exp. De Produtos Apicoloas Ltda.
15. Conex[atilde]o Agro Ltda ME
16. Wenzel's Apicultura Comercio Industria Importacao E Exportacao
Ltda.
[FR Doc. 2025-06324 Filed 4-11-25; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on April 14, 2025.
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