[Federal Register Volume 87, Number 72 (Thursday, April 14, 2022)]
[Notices]
[Pages 22188-22190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07994]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-903]


Raw Honey From India: Final Determination of Sales at Less Than 
Fair Value and Final Negative Determination of Critical Circumstances

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

SUMMARY: The Department of Commerce (Commerce) determines that imports 
of raw honey from India are being, or are likely to be, sold in the 
United States at less than fair value (LTFV) for the period of 
investigation April 1, 2020, through March 31, 2021.

DATES: Applicable April 14, 2022.

FOR FURTHER INFORMATION CONTACT: Brittany Bauer or Benito Ballesteros, 
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) 482-3860 or (202) 
482-7425, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On November 23, 2021, Commerce published its preliminary 
determination in the LTFV investigation of raw honey from India, in 
which we also postponed the final determination until April 7, 2022.\1\ 
For a complete description of the events that followed the Preliminary 
Determination, see the Issues and Decision Memorandum.\2\
---------------------------------------------------------------------------

    \1\ See Raw Honey from India: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value, Preliminary Negative 
Determination of Critical Circumstances, Postponement of Final 
Determination, and Extension of Provisional Measures, 86 FR 66528 
(November 23, 2021) (Preliminary Determination), and accompanying 
Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination in the Less-Than-Fair-Value 
Investigation of Raw Honey from India,'' dated concurrently with, 
and hereby adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

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

Scope Comments

    No interested party commented on the scope of the investigation as 
it appeared in the Preliminary Determination. Therefore, no changes 
were made to the scope of the investigation.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs that were 
submitted by parties in this investigation are addressed in the Issues 
and Decision Memorandum. For a list of the issues raised by interested 
parties and addressed in the Issues and Decision Memorandum, see 
Appendix II to this notice. The Issues and Decision Memorandum is a 
public document and is made available to the public via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
http://access.trade.gov. In addition, a complete version of the Issues 
and Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

[[Page 22189]]

Verification

    Commerce was unable to conduct on-site verification of the 
information relied upon in making its final determination in this 
investigation. However, we took additional steps in lieu of an on-site 
verification to verify the information relied upon in making this final 
determination, in accordance with section 782(i) of the Tariff Act of 
1930, as amended (the Act).\3\
---------------------------------------------------------------------------

    \3\ For the final determination, we find that Ambrosia Natural 
Products (India) Private Limited is affiliated with two additional 
companies, Ambrosia Enterprise, and Sunlite India Agro Producer Co. 
Ltd., within the meaning of section 771(33) of the Act. We also find 
that these companies should be treated as a single entity, pursuant 
to 19 CFR 351.401(f). See Memorandum, ``Less-Than-Fair-Value 
Investigation of Raw Honey from India: Final Determination 
Affiliation and Single Entity Memorandum for Ambrosia Natural 
Products (India) Private Limited,'' dated April 7, 2022. We 
collectively refer to these companies as ``Ambrosia.'' See also 
Commerce's Letters, ``Antidumping Duty Investigation of Raw Honey 
from India: In-Lieu of Verification Questionnaire,'' both dated 
January 6, 2022; Allied Natural Product (Allied)'s Letter, ``Raw 
Honey from India: In-Lieu-of-Verification Questionnaire Response,'' 
dated January 18, 2022; and Ambrosia's Letter, ``Raw Honey from 
India: Ambrosia Natural Products (`Ambrosia') Response to In Lieu of 
On-Site Verification of the Antidumping Duty Investigation of Raw 
Honey,'' dated January 18, 2022.
---------------------------------------------------------------------------

Final Negative Determination of Critical Circumstances

    Commerce preliminarily determined that critical circumstances do 
not exist for the two mandatory respondents in this investigation, 
Allied and Ambrosia, or with respect to all other producers/exporters. 
No parties submitted comments regarding our negative preliminary 
critical circumstances determination, and the factual basis for the 
preliminary negative finding remains unchanged for this final 
determination. Therefore, in accordance with section 735(a)(3) of the 
Act and 19 CFR 351.206, Commerce finds that critical circumstances do 
not exist for Allied, Ambrosia, and all other producers/exporters. For 
a full description of the methodology and results of Commerce's 
critical circumstances analysis, see the Issues and Decision 
Memorandum.

Changes Since the Preliminary Determination

    Based on the comments received from interested parties and record 
information, we made certain changes to the weighted-average dumping 
margin calculations for Allied and Ambrosia. For a discussion of these 
changes, see the Issues and Decision Memorandum.

All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated 
weighted-average dumping margin for all other producers and exporters 
not individually investigated shall be equal to the weighted average of 
the estimated weighted-average dumping margins established for 
exporters and producers individually investigated, excluding rates that 
are zero, de minimis, or determined entirely under section 776 of the 
Act.
    In this investigation, Commerce calculated estimated weighted-
average dumping margins for Allied and Ambrosia that are not zero, de 
minimis, or based entirely on facts otherwise available. Commerce 
calculated the all-others rate using a weighted average of the 
estimated weighted-average dumping margins calculated for the examined 
respondents weighted by each respondent's publicly-ranged total U.S. 
sale values for the merchandise under consideration.\4\
---------------------------------------------------------------------------

    \4\ With more than one respondent under examination, Commerce 
normally calculates: (A) A weighted-average of the estimated 
weighted-average dumping margins calculated for the examined 
respondents; (B) a simple average of the estimated weighted-average 
dumping margins calculated for the examined respondents; and (C) a 
weighted-average of the estimated weighted-average dumping margins 
calculated for the examined respondents using each company's 
publicly-ranged U.S. sale values for the merchandise under 
consideration. Commerce then compares (B) and (C) to (A) and selects 
either the (B) or (C) rate based on 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 are 
available, Commerce based the all-others rate on the publicly-ranged 
sales data of the mandatory respondents. For a complete analysis of 
the data, see Memorandum, ``Less-Than-Fair-Value Investigation of 
Raw Honey from India: Calculation of All-Others Rate,'' dated April 
7, 2021.
---------------------------------------------------------------------------

Final Determination

    The final estimated weighted-average dumping margins are as 
follows:

------------------------------------------------------------------------
                                                           Estimated
                                                        weighted-average
                  Exporter/producer                      dumping margin
                                                           (percent)
------------------------------------------------------------------------
Allied Natural Product...............................               6.24
Ambrosia Natural Products (India) Private Limited/                  5.52
 Ambrosia Enterprise/Sunlite India Agro Producer Co.
 Ltd.................................................
All Others...........................................               5.87
------------------------------------------------------------------------

Disclosure

    We intend to disclose the calculations performed in this final 
determination within five days of the date of publication of this 
notice to parties in this proceeding in accordance with 19 CFR 
351.224(b).

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, Commerce will 
instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all appropriate entries of raw honey from India, 
as described in Appendix I of this notice, which are entered, or 
withdrawn from warehouse, for consumption on or after November 23, 
2021, the date of publication in the Federal Register of the 
affirmative Preliminary Determination.
    Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 
351.210(d), we will instruct CBP to require a cash deposit equal to the 
estimated weighted-average dumping margin as follows: (1) The cash 
deposit rate for the respondents listed above will be equal to the 
respondent-specific estimated weighted-average dumping margin 
determined in this final 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 respondent-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.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
International Trade Commission (ITC) of this final affirmative 
determination of sales at LTFV. Because Commerce's final

[[Page 22190]]

determination is affirmative, in accordance with section 735(b)(2) of 
the Act, the ITC will make its final determination as to whether the 
domestic industry in the United States is materially injured, or 
threatened with material injury, by reason of imports or sales (or the 
likelihood of sales) for importation of raw honey from India no later 
than 45 days after this final determination. If the ITC determines that 
such injury does not exist, this proceeding will be terminated, and all 
cash deposits posted will be refunded and suspension of liquidation 
will be lifted. If the ITC determines that such injury does exist, 
Commerce will issue an antidumping duty order directing CBP to assess, 
upon further instruction by Commerce, antidumping duties on all imports 
of the subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation.

Notification Regarding Administrative Protective Order

    This notice will serve as the only reminder to parties subject to 
an administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of 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 violation which is subject 
to sanction.

Notification to Interested Parties

    This determination and this notice are issued and published 
pursuant to sections 735(d) and 777(i)(1) of the Act, and 19 CFR 
351.210(c).

    Dated: April 7, 2022.
Lisa W. Wang,
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 Issues and Decision 
Memorandum

I. Summary
II. Background
III. Final Negative Determination of Critical Circumstances
IV. Changes Since the Preliminary Determination
V. Discussion of the Issues
    General Issues
    Comment 1: Whether to Find a Particular Market Situation in the 
Indian Raw Honey Market
    Comment 2: Whether to Use Acquisition Cost as a Proxy for the 
Beekeepers' Cost of Production (COP)
    Comment 3: Whether to Apply Total Adverse Facts Available (AFA) 
to Allied and Ambrosia for Alleged Failure to Submit Complete and 
Audited Financial Statements
    Comment 4: Application of AFA to Allied and Ambrosia due to 
Certain Aspects of the Cost Responses Submitted by Middlemen and 
Beekeeper-Suppliers
    Allied-Specific Issues
    Comment 5: Whether to Continue to Rely on Quarterly Average 
Costs
    Comment 6: Whether to Make Certain Adjustments to Credit 
Expenses
    Comment 7: Whether to Make Certain Adjustments for Returned 
Sales
    Ambrosia-Specific Issues
    Comment 8: Whether to Make Certain Adjustments for Returned 
Sales
    Comment 9: Whether to Make Certain Adjustments to Credit 
Expenses
    Comment 10: Whether to Make Certain Adjustments for Packing 
Expenses
VI. Recommendation

[FR Doc. 2022-07994 Filed 4-13-22; 8:45 am]
BILLING CODE 3510-DS-P