Raw Honey From Argentina: Preliminary Results and Rescission, In Part, of Antidumping Duty Administrative Review; 2023-2024
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Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that Asociaci[oacute]n De Cooperativas Argentinas Cooperativa Limitada (ACA), NEXCO S.A. (NEXCO), and certain companies not selected for individual examination for which a review was requested made sales of raw honey from at less than normal value (NV) during the period of review (POR), June 1, 2023, through May 31, 2024. We are also rescinding this review, in part, with respect to eight companies that had no suspended entries. We invite interested parties to comment on these preliminary results.
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<title>Federal Register, Volume 90 Issue 190 (Friday, October 3, 2025)</title>
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[Federal Register Volume 90, Number 190 (Friday, October 3, 2025)]
[Notices]
[Pages 48035-48037]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-19415]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-357-823]
Raw Honey From Argentina: Preliminary Results and Rescission, In
Part, of Antidumping Duty Administrative Review; 2023-2024
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that Asociaci[oacute]n De Cooperativas Argentinas
Cooperativa Limitada (ACA), NEXCO S.A. (NEXCO), and certain companies
not selected for individual examination for which a review was
requested made sales of raw honey from at less than normal value (NV)
during the period of review (POR), June 1, 2023, through May 31, 2024.
We are also rescinding this review, in part, with respect to eight
companies that had no suspended entries. We invite interested parties
to comment on these preliminary results.
DATES: Applicable October 3, 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 June 10, 2022, Commerce published in the Federal Register the
antidumping duty (AD) order on raw honey from Argentina.\1\ On July 29,
2024, Commerce initiated an administrative review of the Order covering
28 companies, in accordance with section 751(a) of the Tariff Act of
1930, as amended (the Act).\2\ On December 9, 2024, Commerce tolled
certain deadlines in this administrative review by 90 days.\3\ On May
13, 2025, we extended the deadline to issue the preliminary results to
September 26, 2025.\4\ On September 24, 2025, we extended the deadline
for the preliminary results of this review to September 29, 2025.\5\
For details regarding the events that occurred subsequent to the
initiation of this review, see the Preliminary Decision Memorandum.\6\
A list of topics discussed in the Preliminary Decision Memorandum is
included in Appendix I to 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 Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 90 FR 60871 (July 29, 2024) (Initiation
Notice).
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings'', dated December 9, 2024.
\4\ See Memorandum, ``Raw Honey from Argentina: Extension of
Deadline for the Preliminary Results of Antidumping Duty
Administrative'' (May 13, 2025).
\5\ See Memorandum, ``Raw Honey from Argentina: Extension of
Deadline for the Preliminary Results of Antidumping Duty
Administrative'' (September 24, 2025).
\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review of Raw Honey
from Argentina; 2023-2024,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
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The Preliminary 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 Preliminary Decision Memorandum can
be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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
Preliminary Decision Memorandum.
Rescission, in Part, of Administrative Review
Pursuant to 19 CFR 351.213(d)(3), Commerce will rescind an
administrative review when there are no entries of subject merchandise
during the POR for which liquidation is suspended.\7\ Normally, upon
completion of an administrative review, the suspended entries are
liquidated at the AD assessment rate calculated for the review
period.\8\ Therefore, for an administrative review of a company to be
conducted, there must be a suspended entry that Commerce can instruct
and U.S. Customs and Border Protection (CBP) to liquidate at the AD
assessment rate calculated for the POR.\9\
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\7\ See, e.g., Large Diameter Welded Pipe from Greece:
Rescission of Antidumping Duty Administrative Review; 2022-2023, 89
FR 4274 (January 23, 2024).
\8\ See 19 CFR 351.212(b)(2).
\9\ See 19 CFR 351.213(d)(3).
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On September 10, 2025, we notified parties of our intent to rescind
this administrative review, in part, with respect to the eight
companies listed in Appendix II because there were no suspended entries
of subject merchandise produced or exported by these companies during
the POR. We invited interested parties to comment.\10\ No parties
commented on our intent to rescind the review, in part. In the absence
of suspended entries of subject merchandise from these companies during
the POR, we are rescinding, in part, the administrative review for the
eight companies listed in Appendix II, in accordance with 19 CFR
351.213(d)(3).
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\10\ See Memorandum, ``Notice of Intent to Rescind Review, In
Part,'' dated September 11, 2025.
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Methodology
Commerce is conducting this review in accordance with sections
751(a)(1) and (2) of the Act. We calculated constructed export price
for both mandatory respondents in accordance with section 772(b) of the
Act. We calculated NV in accordance with section 773 of the Act. For a
full description of the methodology underlying these preliminary
results, see the Preliminary Decision Memorandum.
Rate for Non-Examined Companies
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to companies 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 a less-
than-fair-value investigation, for guidance when calculating the
weighted-average dumping margin 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 or de minimis
margins, and any margins determined entirely on the basis of facts
available.''
In this review, we calculated weighted-average dumping margin for
ACA and NEXCO that are not zero, de minimis, or determined entirely on
the basis of facts available. Therefore, Commerce assigned a weighted-
average dumping margin to the non-examined companies based on a
weighted-average using publicly ranged sales data and the weighted
average dumping margins
[[Page 48036]]
preliminarily calculated for the two mandatory respondents, as listed
below.\11\
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\11\ See Memorandum, ``Administrative Review of Raw Honey from
Argentina; 2023-2024: Calculation of the Preliminary Margin for
Respondents Not Selected for Individual Examination,'' dated
concurrently with, and hereby adopted by, this memorandum.
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Preliminary Results of the Review
We preliminarily determine that the following estimated weighted-
average dumping margins exist for the period of June 1, 2023, through
May 31, 2024:
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Weighted-average
Producer or exporter dumping margin
(percent)
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Asociaci[oacute]n De Cooperativas Argentinas 31.52
Cooperativa Limitada................................
NEXCO S.A............................................ 1.22
Review-Specific Rate for Non-Examined Companies \12\. 4.33
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Disclosure
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\12\ See Appendix III.
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Commerce intends to disclose its calculations and analysis
performed for these preliminary 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 accordance with 19 CFR
351.224(b).
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance. Pursuant to 19 CFR
351.309(c)(1)(ii), we have modified the deadline for interested parties
to submit case briefs to Commerce to not later than 21 days after the
date of the publication of this notice.\13\ Rebuttal briefs, limited to
issues raised in the case briefs, may be filed no later than five days
after the date for filing case briefs.\14\ Interested parties who
submit case briefs or rebuttal briefs in this proceeding must submit:
(1) a table of contents listing each issue addressed; and (2) a table
of authorities.\15\
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\13\ See 19 CFR 351.309.
\14\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\15\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings, we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide, at the beginning of their briefs, a public
executive summary for each issue raised in their briefs.\16\ Further,
we request that interested parties limit their public executive summary
of each issue to no more than 450 words, not including citations. We
intend to use the public executive summaries as the basis of the
comment summaries included in the issues and decision memorandum that
will accompany the final results in this administrative review. We
request that interested parties include footnotes for relevant
citations in the public executive summary of each issue. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\17\
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\16\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\17\ See APO and Service Procedures.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain:
(1) party's name, address, and telephone number; (2) the number of
participants; and (3) a list of the issues to be discussed. Oral
presentations at the hearing will be limited to issues raised in the
briefs. If a request for a hearing is made, parties will be notified of
the time and date for the hearing.\18\
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\18\ See 19 CFR 351.310(d).
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Assessment Rates
Upon completion of this administrative review, Commerce shall
determine, and CBP shall assess, antidumping duties on all appropriate
entries. The final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
this review and for future deposits of estimated antidumping
duties.\19\ 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).
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\19\ 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), upon completion of the final results, 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 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 importer-specific assessment rate is de minimis we
estimated the enter 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.\20\
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\20\ 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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Commerce's ``automatic assessment'' practice will apply to entries
of subject merchandise during the POR produced by ACA or NEXCO for
which it did not know that the merchandise it sold to an intermediary
(e.g., a reseller, trading company, or exporter) was destined for the
United States. In such instances, we will instruct CBP to liquidate
those entries at the all-others rate (i.e., 16.92
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percent) \21\ if there is no rate for the intermediate company(ies)
involved in the transaction.\22\
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\21\ 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) (Honey
Argentina Inv Final).
\22\ 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
examination, the antidumping duty assessment rate will be equal to the
weighted-average dumping margin calculated for each companies in the
final results of this review.
For the companies listed in Appendix II for which we are rescinding
this review, we intend to instruct CBP to assess antidumping duties on
all appropriate entries at a rate equal to the cash deposit of
estimated antidumping duties required at the time of entry, or
withdrawal from warehouse, in accordance with 19 CFR 351.212(c)(l)(i).
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 subject merchandise exported by one of
the companies listed above, the cash deposit rate will be equal to the
weighted- average dumping margin established for that exporter 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 in which
they were examined; (3) if the exporter is not a firm covered in this
review, a prior review, or the LTFV investigation, but the producer is,
the cash deposit rate will 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 Amended Final Determination.\23\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\23\ See Honey Argentina Inv. Final, 87 FR at 22181.
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Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review including the results of its
analysis of issues raised in written briefs, no later than 120 days
after the date of publication of this notice in the Federal Register,
pursuant to 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Notification to Importers
This notice also serves as a preliminary 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.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR 351.213, and 19
351.221(b)(4).
Dated: September 29, 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 Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Rescission of Review, In Part
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
Appendix II
Companies for Which Commerce Is Rescinding this Review
1. Algodonera Avellaneda S.A.
2. Apicola Danangie
3. Argentik LLC
4. Camino de Circunvalancion y Calle
5. Compania Inversora Platense S.A.
6. Cooperativa Apicola La Colmena Ltda
7. Industrial Haedo S.A
8. Mieles Cor Pam Srl).
Appendix III
Non-Examined Companies Receiving a Review-Specific Rate
1. Azul Agronegocios S.A.
2. Compania Apicola Argentina S.A.
3. Compania Inversora Platense S.A.
4. Cooperativa Apicola La Colmena Ltda.
5. D'Ambros Maria De Los Angeles D'Ambros Maria Daniela SRL.
6. D'Ambros Maria de los Angeles y D'Ambros Maria Daniela SRL.
7. Gasrroni Srl.
8. Gasrroni S.R.L.
9. Geomiel SA.
10. Gruas San Blas S.A.
11. Honey and Grains SRL.
12. Naiman S.A.
13. Newsan S.A.
14. Newsan Food S.A.
15. Osbo S.A.
16. Patagonik Food S.A.
17. Promiel Srl (Vicentin S.A.I.C.).
18. Terremare Foods S.A.S.
19. Villamora S.A
[FR Doc. 2025-19415 Filed 10-2-25; 8:45 am]
BILLING CODE 3510-DS-P
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