[Federal Register Volume 86, Number 223 (Tuesday, November 23, 2021)]
[Notices]
[Pages 66524-66526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25594]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-823-820]


Raw Honey from Ukraine: Preliminary Affirmative Determination of 
Sales at Less Than Fair Value, Postponement of Final Determination, and 
Extension of Provisional Measures

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that raw honey from Ukraine is being, or is likely to be, sold in the 
United States at less than fair value. The period of investigation is 
April 1, 2020, through March 31, 2021. Interested parties are invited 
to comment on this preliminary determination.

DATES: Applicable November 23, 2021.

FOR FURTHER INFORMATION CONTACT: Jasun Moy, 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) 482-8194.

SUPPLEMENTARY INFORMATION:

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on May 18, 
2021.\1\ On August 26, 2021, Commerce postponed the preliminary 
determination of this investigation, and the revised deadline is now 
November 17, 2021.\2\ For a complete description of the events that 
followed the initiation of this investigation, see the Preliminary 
Decision Memorandum.\3\ A list of topics included in the Preliminary 
Decision Memorandum is included as Appendix II to this notice. 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 https://access.trade.gov. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------

    \1\ See Raw Honey from Argentina, Brazil, India, Ukraine, and 
the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-
Value Investigations, 86 FR 26897 (May 18, 2021) (Initiation 
Notice).
    \2\ See Raw Honey from Argentina, Brazil, India, Ukraine, and 
the Socialist Republic of Vietnam: Postponement of Preliminary 
Determinations in the Less-Than-Fair-Value Investigations, 86 FR 
47624 (August 26, 2021).
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Less-Than-Fair-Value Investigation of Raw Honey 
from Ukraine,'' dated concurrently with, and hereby adopted by, this 
notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The product covered by this investigation is raw honey from 
Ukraine. For a complete description of the scope of this investigation, 
see Appendix I.

Scope Comments

    In accordance with the preamble to Commerce's regulations,\4\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\5\ No interested party 
commented on the scope of the investigation as it appeared in the 
Initiation Notice. Therefore, Commerce is not preliminarily modifying 
the scope language as it appeared in the Initiation Notice. See the 
scope in Appendix I to this notice.
---------------------------------------------------------------------------

    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice.
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Commerce has calculated export prices in 
accordance with section 772(a) of the Act. Normal value is calculated 
in accordance with section 773 of the Act. Furthermore, pursuant to 
section 776(a) and (b) of the Act, Commerce has preliminarily relied 
upon facts otherwise available with adverse inferences to determine the 
estimated weighted-average dumping margin for the non-participating 
mandatory respondents, i.e., Honey Bee Trade Sp Zo O (Honey Bee), 
Kuyumcu Tarim Urunleri Ltd. (Kuyumcu), and LLC UDJV With FI Bezpeka 
Medu (Bezpeka). For a full description of the methodology underlying 
the preliminary determination, see the Preliminary Decision Memorandum.

All-Others Rate

    Section 733(d)(1)(A)(ii) of the Act provides that in the 
preliminary determination Commerce shall determine an estimated all-
others rate for all exporters and producers not individually examined. 
Pursuant to section 735(c)(5)(A) of the Act, this rate shall be an 
amount equal to the weighted average of the estimated weighted-average 
dumping margins established for exporters and producers individually 
investigated, excluding any

[[Page 66525]]

zero and de minimis margins, and any margins determined entirely under 
section 776 of the Act.
    In this investigation, Commerce calculated an individual estimated 
weighted-average dumping margin for LLC GC Sodrujestvo (LLC 
Sodrujestvo) and Umoks GmbH (Umoks), LLC Sodrujestvo's affiliated 
exporter (collectively, Sodrujestvo) \6\ that is not zero, de minimis, 
or based entirely on facts otherwise available. Additionally, Commerce 
preliminarily determined that the estimated weighted-average dumping 
margin for Bezpeka, Honey Bee, and Kuyumcu is based entirely under 
section 776 of the Act. Therefore, for purposes of determining the all-
others rate, and pursuant to section 735(c)(5)(A) of the Act, we are 
using the dumping margin calculated for Sodrujestvo, which is not zero, 
de minimis, or determined entirely under section 776 of the Act.
---------------------------------------------------------------------------

    \6\ Commerce preliminarily determines that LLC Sodrujestvo and 
Umoks are a single entity. For a complete discussion, see 
Memorandum, ``Preliminary Affiliation and Collapsing Memorandum for 
LLC GC Sodrujestvo,'' dated concurrently with this memorandum.
---------------------------------------------------------------------------

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
LLC GC Sodrujestvo/Umoks GmbH \7\...........................       18.68
Honey Bee Trade Sp Zo O.....................................       32.45
Kuyumcu Tarim Urunleri Ltd..................................       32.45
LLC UDJV With FI Bezpeka Medu...............................       32.45
All Others..................................................       18.68
------------------------------------------------------------------------

Suspension of Liquidation
---------------------------------------------------------------------------

    \7\ Commerce preliminarily determines that LLC Sodrujestvo and 
Umoks are a single entity. See Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    In accordance with section 733(d)(2) of the Act, Commerce will 
direct U.S. Customs and Border Protection (CBP) to suspend liquidation 
of entries of subject merchandise, as described in Appendix I, entered, 
or withdrawn from warehouse, for consumption on or after the date of 
publication of this notice in the Federal Register.
    Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 
351.205(d), Commerce will instruct CBP to require a cash deposit equal 
to the estimated weighted-average dumping margin or the estimated all-
others rate, as follows: (1) The cash deposit rate for the respondents 
listed above will be equal to the company-specific estimated weighted-
average dumping margins determined in this preliminary determination; 
(2) if the exporter is not a respondent identified above, but the 
producer is, then the cash deposit rate will be equal to the company-
specific estimated weighted-average dumping margin established for that 
producer of the subject merchandise; and (3) the cash deposit rate for 
all other producers and exporters will be equal to the all-others 
estimated weighted-average dumping margin.
    These suspension of liquidation instructions will remain in effect 
until further notice.

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this preliminary determination 
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).

Verification

    As provided in section 782(i)(1) of the Act, Commerce intends to 
verify the information relied upon in making its final determination. 
Normally, Commerce verifies information using standard procedures, 
including an on-site examination of original accounting, financial, and 
sales documentation. However, due to current travel restrictions in 
response to the global COVID-19 pandemic, Commerce is unable to conduct 
on-site verification in this investigation. Accordingly, we intend to 
verify the information relied upon in making the final determination 
through alternative means in lieu of an on-site verification.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance. A timeline for the 
submission of case briefs and written comments will be notified to 
interested parties at a later date. Rebuttal briefs, limited to issues 
raised in case briefs, may be submitted no later than seven days after 
the deadline date for case briefs.\8\ Note that Commerce has 
temporarily modified certain of its requirements for serving documents 
containing business proprietary information, until further notice.\9\ 
Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case 
briefs or rebuttal briefs in this investigation are encouraged to 
submit with each argument: (1) A statement of the issue; (2) a brief 
summary of the argument; and (3) a table of authorities.
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.309; and 19 CFR 351.303 (for general filing 
requirements).
    \9\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19, 85 FR 17006 (March 26, 2020); and Temporary Rule 
Modifying AD/CVD Service Requirements Due to COVID-19; Extension of 
Effective Period, 85 FR 41363 (July 10, 2020).
---------------------------------------------------------------------------

    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 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, 
Commerce intends to hold the hearing at a time and date to be 
determined. Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.

Postponement of Final Determination and Extension of Provisional 
Measures

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such postponement 
is made by exporters who account for a significant proportion of 
exports of the subject merchandise, or in the event of a negative 
preliminary determination, a request for such postponement is made by 
the petitioner. Section 351.210(e)(2) of Commerce's regulations 
requires that a request by exporters for postponement of the final 
determination be accompanied by a request for extension of provisional 
measures from a four-month period to a period not more than six months 
in duration.
    On October 27, 2021, pursuant to 19 CFR 351.210(e), Sodrujestvo 
requested that Commerce postpone the final determination and that 
provisional measures be extended to a period not to exceed six 
months.\10\ In accordance with section 735(a)(2)(A) of the Act and 19 
CFR 351.210(b)(2)(ii), because: (1) The preliminary determination is 
affirmative; (2) the requesting exporter accounts for a significant 
proportion of exports of the subject merchandise; and

[[Page 66526]]

(3) no compelling reasons for denial exist, Commerce is postponing the 
final determination and extending the provisional measures from a four-
month period to a period not greater than six months. Accordingly, 
Commerce will make its final determination no later than 135 days after 
the date of publication of this preliminary determination.
---------------------------------------------------------------------------

    \10\ See Sodrujestvo's Letter, ``Response for Postponement of 
Final Antidumping Determination,'' dated October 27, 2021.
---------------------------------------------------------------------------

International Trade Commission Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its preliminary 
determination. If the final determination is affirmative, then the ITC 
will determine before the later of 120 days after the date of this 
preliminary determination or 45 days after the final determination 
whether these imports are materially injuring, or threaten material 
injury to, the U.S. industry.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c).

    Dated: November 17, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, Performing the 
Non-Exclusive Functions and Duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix I--Scope of the Investigation

    The merchandise covered by this investigation is raw honey. Raw 
honey is honey as it exists in the beehive or as obtained by 
extraction, settling and skimming, or coarse straining. Raw honey 
has not been filtered to a level that results in the removal of most 
or all of the pollen, e.g., a level that removes pollen to below 25 
microns. The subject products include all grades, floral sources and 
colors of raw honey and also include organic raw honey.
    Excluded from the scope is any honey that is packaged for retail 
sale (e.g., in bottles or other retail containers of five (5) lbs. 
or less).
    The merchandise subject to this investigation is currently 
classifiable under statistical subheading 0409.00.0005, 
0409.00.0035, 0409.00.0045, 0409.00.0056, and 0409.00.0065 of the 
Harmonized Tariff Schedule of the United States (HTSUS). Although 
the HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the scope of this investigation 
is dispositive.

Appendix II--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Affiliation and Single Entity Treatment
V. Application of Facts Available and Use of Adverse Inferences
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2021-25594 Filed 11-22-21; 8:45 am]
BILLING CODE 3510-DS-P