Notice2025-09160
Raw Honey From Argentina: Amended 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
May 22, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is amending the final results of the administrative review of the antidumping duty (AD) order on raw honey from Argentina to correct certain ministerial errors. Based on the amended final results, we find that the companies under review sold raw honey in the United States 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 98 (Thursday, May 22, 2025)</title>
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[Federal Register Volume 90, Number 98 (Thursday, May 22, 2025)]
[Notices]
[Pages 21900-21901]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-09160]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-357-823]
Raw Honey From Argentina: Amended 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) is amending the
final results of the administrative review of the antidumping duty (AD)
order on raw honey from Argentina to correct certain ministerial
errors. Based on the amended final results, we find that the companies
under review sold raw honey in the United States at less than normal
value during the period of review (POR), November 23, 2021, through May
31, 2023.
DATES: Applicable May 22, 2025.
FOR FURTHER INFORMATION CONTACT: Thomas Martin, 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.
SUPPLEMENTARY INFORMATION:
Background
On April 14, 2025, Commerce published in the Federal Register the
final results of the 2021-2023 administrative review of the AD order on
raw honey from Argentina.\1\ On April 15, 2025, we received two timely
ministerial error allegations from Asociaci[oacute]n de Cooperativas
Argentinas C.L. (ACA), both with respect to the calculation of
constructed value (CV) profit.\2\ On April 21, 2025, the American Honey
Producers Association and the Sioux Honey Association (collectively,
the domestic interested parties), submitted comments in response to the
ministerial error allegations filed by ACA.\3\ Commerce is amending the
Final Results to correct these ministerial errors.
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\1\ See Raw Honey from Argentina: Final Results of Antidumping
Duty Administrative Review; 2021-2023, 90 FR 15549 (April 14, 2025)
(Final Results), and accompanying Issues and Decision Memorandum
(IDM).
\2\ See ACA's Letter, ``Ministerial Error Comments,'' dated
April 15, 2025 (ACA's Ministerial Error Allegation).
\3\ See Domestic Interested Parties' Letter, ``Petitioners'
Response to ACA's Ministerial Error Allegations,'' dated April 21,
2025 (DIPs' Response to ACA's Ministerial Error Allegation).
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Legal Framework
Section 751(h) of the Tariff Act of 1930, as amended (the Act),
defines a ``ministerial error'' as including ``errors in addition,
subtraction, or other arithmetic function, clerical errors resulting
from inaccurate copying, duplication, or the like, and any other
unintentional error which the administering authority considers
ministerial.'' \4\ With respect to final results of administrative
reviews, 19 CFR 351.224(e) provides that Commerce ``will analyze any
comments received and, if appropriate, correct any . . . ministerial
error by amending the final results of review . . .''
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\4\ See 19 CFR 351.224(f).
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Ministerial Errors
Commerce reviewed the record, and we agree that the errors alleged
by ACA constitute ministerial errors within the meaning of section
751(h) of the Act and 19 CFR 351.224(f).\5\ Specifically, we find that
we made inadvertent errors related to the calculation of CV profit.\6\
Pursuant to 19 CFR 351.224(e), Commerce is amending the Final Results
to reflect the correction of the ministerial errors, as described in
the Ministerial Error Memorandum.\7\ Based on the corrections, ACA's
final weighted-average dumping margin changed from 15.06 percent to
6.19 percent. As a result, we are also revising the weighted-average
dumping margin assigned to the non-individually examined companies,
utilizing the same methodology used in the Final Results,\8\ from 4.70
percent to 2.61 percent. The amended weighted-average dumping margins
are listed in the ``Amended Final Results of Review'' section below.
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\5\ See Memorandum, ``Analysis of Ministerial Error
Allegations,'' dated concurrently with this Federal Register notice,
and hereby adopted by, this notice (Ministerial Error Memorandum).
\6\ See ACA's Ministerial Error Allegation at 2-6.
\7\ See Ministerial Error Memorandum.
\8\ See Final Results, 90 FR at 15549.
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For a complete discussion of the ministerial error allegation, as
well as Commerce's analysis, see the Ministerial Error Memorandum. The
Ministerial Error Memorandum is on file electronically via ACCESS.
ACCESS is available to registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>.
Amended Final Results of Review
As a result of correcting these ministerial errors described above,
Commerce determines that the following estimated weighted-average
dumping margins exist for the period November 23, 2021, through May 31,
2023:
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\9\ See Appendix for a list of these companies.
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Weighted-
average
Producer or exporter dumping
margin
(percent)
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Asociaci[oacute]n de Cooperativas Argentinas C.L............ 6.19
Review Specific Rate for Non-Examined Companies \9\......... 2.61
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Disclosure
Commerce intends to disclose under administrative protective order
the calculations performed in connection with these amended final
results of review to interested parties within five days after public
announcement of the amended final results or, if there is no public
announcement, within five days of the date of publication of the notice
of amended final results in the Federal Register, in accordance with 19
CFR 351.224(b).
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 amended final
results of this review. The amended final results of this review shall
be the basis for the assessment of antidumping duties on entries of
merchandise covered by the amended final results of this review and for
future deposits of estimated duties, where applicable.\10\
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\10\ See section 751(a)(2)(C) of the Act.
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For ACA, 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
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sales to the total entered value of those sales. Pursuant to 19 CFR
351.212(b)(1), ACA has not 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 entered value
for each U.S. sale 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.\11\
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\11\ 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) \12\ if there is no rate for the intermediate company(ies)
involved in the transaction.\13\
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\12\ 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).
\13\ 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 dumping margin for the
non-examined companies in the amended final results of review.
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the amended 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 subject merchandise exported by one
of the companies listed above will be equal to the weighted-average
dumping margin established in the amended 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 but 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.\14\
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\14\ See Final Determination, 87 FR at 22181.
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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
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 amended final results of
administrative review in accordance with sections 751(a)(1) and
777(i)(1) of the Act and 19 351.221(b)(4).
Dated: May 16, 2025.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
Appendix
Non-Examined Companies Receiving a Review-Specific Weighted-Average
Dumping Margin
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. 2025-09160 Filed 5-21-25; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on May 22, 2025.
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