[Federal Register Volume 86, Number 240 (Friday, December 17, 2021)]
[Notices]
[Pages 71614-71615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27375]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-857]


Raw Honey From Brazil: Amended Preliminary Determination of Sales 
at Less Than Fair Value

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

SUMMARY: On November 23, 2021, the Department of Commerce (Commerce) 
published its preliminary determination in the less-than-fair-value 
(LTFV) investigation of raw honey from Brazil in the Federal Register. 
Commerce is amending this preliminary determination to correct a 
significant ministerial error.

DATES: Applicable December 17, 2021.

FOR FURTHER INFORMATION CONTACT: Justin M. Neuman or Genevieve Coen, 
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) 482-0486 or (202) 
482-3251, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On November 23, 2021, Commerce published in the Federal Register 
the preliminary determination in the LTFV investigation of raw honey 
from Brazil.\1\ Also on this same date, one of the mandatory 
respondents in the case, Supermel,\2\ filed a timely ministerial error 
allegation concerning the Preliminary Determination.\3\
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    \1\ See Raw Honey from Brazil: Preliminary Affirmative 
Determination of Sales at Less-Than-Fair-Value Investigation, 
Postponement of Final Determination, and Extension of Provisional 
Measures, 86 FR 66533 (November 23, 2021) (Preliminary 
Determination), and accompanying Preliminary Decision Memorandum 
(PDM).
    \2\ Supermel is comprised of two entities: Api[aacute]rio 
Diamante Comercial Exportadora Ltda and Api[aacute]rio Diamante 
Produ[ccedil][atilde]o e Comercial de Mel Ltda. See Memorandum, 
``Less-Than-Fair-Value Investigation of Raw Honey from Brazil: 
Preliminary Affiliation and Single Entity Memorandum for 
Api[aacute]rio Diamante Comercial Exportadora Ltda and 
Api[aacute]rio Diamante Produ[ccedil][atilde]o e Comercial de Mel 
Ltda,'' (Single Entity Memorandum) dated November 17, 2021.
    \3\ See Supermel's Letter, ``Anti-Dumping Duty Investigation of 
Raw Honey from Brazil: Supermel's Ministerial Error Comments,'' 
dated November 23, 2021 (Supermel's Ministerial Error Allegations).
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Period of Investigation

    The period of investigation is April 1, 2020, through March 31, 
2021.

Scope of the Investigation

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

Significant Ministerial Error

    In accordance with 19 CFR 351.224(e), Commerce ``will analyze any 
comments received and, if appropriate, correct any significant 
ministerial error by amending the preliminary determination. . .'' A 
ministerial error is defined in 19 CFR 351.224(f) as ``an error in 
addition, subtraction, or other arithmetic function clerical error 
resulting from inaccurate copying, duplication, or the like, and any 
other similar type of unintentional error which the Secretary considers 
ministerial.'' A significant ministerial error is defined as a 
ministerial error, the correction of which, singly or in combination 
with other errors, would result in: (1) A change of at least five 
absolute percentage points in, but not less than 25 percent of, the 
weighted-average dumping margin calculated in the original preliminary 
determination; or (2) a difference between a weighted-average dumping 
margin of zero or de minimis and a weighted-average dumping margin of 
greater than de minimis or vice versa.\4\
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    \4\ See 19 CFR 351.224(g)(1) and (2).
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Ministerial Error Allegations

    Supermel timely alleged that Commerce made a ministerial error 
involving the calculation of Supermel's general and administrative 
(G&A) expenses and interest expenses. Supermel alleged that Commerce, 
in calculating these expenses, treated the company's reported per-
kilogram figures as expense ratios, rather than as absolute amounts, 
and then it used the resulting expenses in its sales-below-cost test 
and constructed value calculations; Supermel alleges that this inflated 
the preliminary weighted-average dumping margin calculation for 
Supermel.\5\ After analyzing this allegation, we determine that we made 
a significant ministerial error in the Preliminary Determination with 
respect

[[Page 71615]]

to the application of Supermel's G&A and interest expenses.\6\ For a 
detailed discussion of the aforementioned ministerial error allegation, 
as well as Commerce's analysis of Supermel's comments, see the 
Ministerial Error Memorandum.
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    \5\ See Supermel's Ministerial Error Allegations at 2-3.
    \6\ See Memorandum, ``Antidumping Duty Investigation of Raw 
Honey from Brazil: Allegation of a Ministerial Error in the 
Preliminary Determination,'' dated concurrently with this notice 
(Ministerial Error Memorandum).
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    Pursuant to 19 CFR 351.224(g)(1), Commerce's failure to apply 
Supermel's G&A and interest expenses is significant because its 
correction results in a change of at least five absolute percentage 
points in, but not less than 25 percent of, the estimated weighted-
average dumping margin calculated in the Preliminary Determination 
(i.e., a change from an estimated weighted-average dumping margin of 
29.61 percent to 10.52 percent). Therefore, we are correcting the 
ministerial error and amending our Preliminary Determination 
accordingly.\7\
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    \7\ Id.
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Amended Preliminary Determination

    We are amending the Preliminary Determination to reflect the 
correction of a significant ministerial error made in the margin 
calculation for Supermel in accordance with 19 CFR 351.224(e). In 
addition, because the preliminary all-others rate was based, in part, 
on the estimated weighted-average dumping margin calculated for 
Supermel, we are also amending the all-others rate.\8\ As a result of 
the correction of the ministerial error, the revised estimated 
weighted-average dumping margin for Supermel and the revised all-others 
rate are as follows:
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    \8\ In the Preliminary Determination, the rate calculated for 
the other mandatory respondent, Melbras Importadora E Exportadora 
Agroindustrial Ltda., was 7.89 percent. This rate was used along 
with Supermel's amended preliminary rate to establish the amended 
all-others rate, 9.38 percent. See Memorandum, ``Less-Than-Fair-
Value Investigation of Raw Honey from Brazil: Amended Calculation of 
All-Others Rate,'' dated concurrently with this notice.

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
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Api[aacute]rio Diamante Comercial Exportadora Ltda/                10.52
 Api[aacute]rio Diamante Produ[ccedil][atilde]o e Comercial
 de Mel Ltda \9\............................................
All Others..................................................        9.38
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Amended Cash Deposits and Suspension of Liquidation
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    \9\ As discussed in the Preliminary Determination and the Single 
Entity Memorandum, we have determined that Api[aacute]rio Diamante 
Comercial Exportadora Ltda and Api[aacute]rio Diamante 
Produ[ccedil][atilde]o e Comercial de Mel Ltda are affiliated and 
should be treated as a single entity.
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    The collection of cash deposits and suspension of liquidation will 
be revised according to the rates established in this amended 
preliminary determination, in accordance with section 733(d) of the 
Tariff Act of 1930, as amended (the Act). Because these amended rates 
result in reduced cash deposit rates, they will be effective 
retroactively to November 23, 2021, the date of publication of the 
Preliminary Determination.

International Trade Commission Notification

    In accordance with section 733(f) of the Act, we intend to notify 
the International Trade Commission of our amended preliminary 
determination.

Disclosure

    We intend to disclose the calculations performed to parties in this 
proceeding within five days after public announcement of the amended 
preliminary determination, in accordance with 19 CFR 351.224.

Notification to Interested Parties

    This amended preliminary determination is issued and published in 
accordance with sections 733(f) and 777(i) of the Act, and 19 CFR 
351.224(e).

    Dated: December 10, 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--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.

[FR Doc. 2021-27375 Filed 12-16-21; 8:45 am]
BILLING CODE 3510-DS-P