Notice2025-06325
Raw Honey From Argentina: 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 producers and exporters subject to this administrative review made sales of subject merchandise at less than normal value during the period of review (POR), 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 15549-15551]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-06325]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-357-823]
Raw Honey From Argentina: 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
producers and exporters subject to this administrative review made
sales of subject merchandise at less than normal value during the
period of review (POR), November 23, 2021, through May 31, 2023.
DATES: Applicable April 14, 2025.
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 July 8, 2024, Commerce published the preliminary results of the
2022-2023 administrative review of the antidumping duty (AD) order on
raw honey from Argentina \1\ and invited interested parties to
Comment.\2\ The review covers 24 producers or exporters of the subject
merchandise. Commerce selected two exporters, Asociaci[oacute]n De
Cooperativas Argentinas Cooperativa Limitada (ACA) and NEXCO S.A.
(NEXCO), for individual examination.\3\ Commerce rescinded this review
with respect to five exporters in the Preliminary Results.\4\ The
remaining companies not selected for individual examination are listed
in Appendix II of this notice.
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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 Raw Honey from Argentina: Preliminary Results and
Rescission, in Part, of Antidumping Duty Administrative Review;
2021-2023, 89 FR 55915 (July 8, 2024) (Preliminary Results).
\3\ See Memorandum, ``Respondent Selection,'' dated August 29,
2023.
\4\ See Preliminary Results, 89 FR at 55915.
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On July 22, 2024, Commerce tolled certain deadlines in this
administrative review by seven days.\5\ On October 28, 2024, we
extended the deadline for the final results of this review by 60
days.\6\ On December 9, 2024, Commerce tolled certain deadlines in this
administrative proceeding by an additional 90 days.\7\ Accordingly, the
deadline for these final results is now April 8, 2025. A summary of
events that occurred since publication of the Preliminary Results, as
well as a full discussion of the issues raised by interested parties
for these final results, are included in the Issues and Decision
Memorandum.\8\ Commerce conducted this administrative review in
accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as
amended (the Act).
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\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\6\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,'' dated October 28, 2024.
\7\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
\8\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Antidumping Duty Administrative Review of Raw
Honey from Argentina; 2021-2023,'' dated concurrently with, and
hereby adopted by, this notice (Issues and 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 Issues
and Decision Memorandum.
Analysis of Comments Received
All issues raised in case and rebuttal briefs are addressed in the
Issues and Decision Memorandum and are listed in Appendix I 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>.
Changes Since the Preliminary Results
We made certain changes to the calculation of constructed value and
inventory carrying costs from the Preliminary Results. The Issues and
Decision Memorandum contains a description of these changes. For
further discussion of Commerce's analysis regarding these changes, see
Issues and Decision Memorandum at Comments 1 and 4.
Rate for Non-Examined Companies
For the weighted-average dumping margin assigned to companies not
selected for individual examination in an administrative review,
Commerce, generally, looks to section 735(c)(5) of the Act which
provides instructions for calculating the estimated weighted-average
dumping margin for all other producers and exporters, i.e., the all-
others rate, in an investigation. 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 {on the
basis of facts available{time} .'' Under section 735(c)(5)(B) of the
Act, if the estimated weighted-average dumping margins established for
all exporters and producers individually investigated are zero or de
minimis, or are determined entirely based on facts otherwise available,
then Commerce may use any reasonable method to establish the estimated
all-others rate for exporters and producers not individually
investigated, including averaging the estimated weighted-average
dumping margins determined for the exporters and producers individually
investigated.
In this administrative review, we calculated weighted-average
dumping margins for ACA and NEXCO that are not zero, de minimis (i.e.,
less than 0.5 percent), or determined entirely on the facts available.
Accordingly, consistent with section 735(c)(5)(A) of the Act, Commerce
is assigning to the companies not individually examined a margin of
4.70 percent, which is the weighted average of ACA and NEXCO's margin
[[Page 15550]]
based on publicly-ranged U.S. sales values.\9\
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\9\ With two respondents under examination, Commerce normally
calculates: (A) A weighted-average of the weighted-average dumping
margins calculated for the examined respondents; (B) a simple
average of the weighted-average dumping margins calculated for the
examined respondents; and (C) a weighted-average of the weighted-
average 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). As complete
publicly ranged sales data were available, Commerce based the
weighted-average dumping margin for non-examined companies on the
publicly ranged sale quantities for each of the mandatory
respondents. For a complete analysis of the data, please see
Memorandum, ``Calculation of the Final Margin for Respondents Not
Selected for Individual Examination,'' dated concurrently with this
notice.
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Final Results of the Review
We have determined that the following estimated weighted-average
dumping margins for the firms listed below for the period 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 15.06
Cooperativa Limitada...............................
NEXCO S.A........................................... 1.51
Review-Specific Rate for Non-Examined Companies \10\ 4.70
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Disclosure
Commerce intends to disclose its calculations and analysis
performed for these final 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 the Federal Register, in
accordance with 19 CFR 351.224(b).
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\10\ See Appendix II for a list of these companies.
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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 in accordance with the final results of
this review. 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 duties, where applicable.\11\
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\11\ 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), 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 per-unit 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.\12\
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\12\ 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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For entries of subject merchandise during the POR produced by an
individually examined respondent for which it did not know its
merchandise was destined for the United States, we intend to instruct
CBP to liquidate such entries at the all-others rate (i.e., 16.92
percent) \13\ if there is no rate for the intermediate company(ies)
involved in the transaction.\14\
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\13\ 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) (Final
Determination).
\14\ 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 will instruct CBP to assess antidumping duties at the
assessment rate equal to the weighted-average of the dumping margins
for each individually examined exporter in the final results of review.
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 statutory injunction has expired (i.e., within 90
days of publication).
Cash Deposit Requirements
Upon publication of this notice in the Federal Register, 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; (3) if the
exporter is not a firm covered in this review, a prior review, or the
less-than-fair-value (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 and exporters will continue to be 16.92 percent, the all-
others rate established in the LTFV Final Determination.\15\ These cash
deposit requirements, when
[[Page 15551]]
imposed, shall remain in effect until further notice.
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\15\ See Final Determination, 87 FR at 22181.
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Notification to Importers
This notice also serves as a final 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.
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 or 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
We are issuing and publishing these final results of administrative
in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19
351.221(b)(4).
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: Calculation of Constructed Value Profit
Comment 2: Weighted-Average Dumping Margin for Non-Selected
Companies
Comment 3: Post-Sale Comparison Market Price Adjustments
Reported by ACA
Comment 4: Inventory Carrying Costs
Comment 5: Application of Facts Available to NEXCO's Costs of
Production
VI. Recommendation
Appendix II
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. 2025-06325 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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