[Federal Register Volume 87, Number 112 (Friday, June 10, 2022)]
[Notices]
[Pages 35501-35504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12498]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-357-823, A-351-857, A-533-903, A-552-833]


Raw Honey From Argentina, Brazil, India, and the Socialist 
Republic of Vietnam: Antidumping Duty Orders

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

SUMMARY: Based on affirmative final determinations by the U.S. 
Department of Commerce (Commerce) and the U.S. International Trade 
Commission (ITC), Commerce is issuing antidumping duty orders on raw 
honey from Argentina, Brazil, India, and the Socialist Republic of 
Vietnam (Vietnam).

DATES: Applicable June 10, 2022.

FOR FURTHER INFORMATION CONTACT: Thomas Martin and Eva Kim (Argentina); 
Genevieve Coen (Brazil); Brittany Bauer and Benito Ballesteros (India); 
and Jonathan Hill and Paola Aleman Ordaz (Vietnam), AD/CVD Operations, 
Offices IV and V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3936, (202) 482-8283, 
(202) 482-3251, (202) 482-3860, (202) 482-7425, (202) 482-3518, or 
(202) 482-4031, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On April 14, 2022, Commerce published in the Federal Register its 
affirmative final determinations in the less-than-fair-value (LTFV) 
investigations of raw honey from Argentina, Brazil, India, and 
Vietnam.\1\ On May 27, 2022, the ITC notified Commerce of its final 
determinations, pursuant to section 735(d) of the Tariff Act of 1930, 
as amended (the Act), that an industry in the United States is 
materially injured within the meaning of section 735(b)(1)(A)(i) of the 
Act by reason of LTFV imports of raw honey from Argentina, Brazil, 
India, and Vietnam, and of its determinations that critical 
circumstances exist with respect to dumped imports of raw honey from 
Vietnam and do not exist with respect to dumped imports of raw honey 
from Argentina.\2\
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    \1\ See Raw Honey from Argentina: Final Determination of Sales 
at Less Than Fair Value and Final Affirmative Determination of 
Critical Circumstances, 87 FR 22179 (April 14, 2022); Raw Honey from 
Brazil: Final Determination of Sales at Less Than Fair Value, 87 FR 
22182 (April 14, 2022) (Brazil Final Determination); Raw Honey from 
India: Final Determination of Sales at Less Than Fair Value and 
Final Negative Determination of Critical Circumstances, 87 FR 22188 
(April 14, 2022) (India Final Determination); and Raw Honey from the 
Socialist Republic of Vietnam: Final Affirmative Determination of 
Sales at Less Than Fair Value and Final Affirmative Determination of 
Critical Circumstances, 87 FR 22184 (April 14, 2022) (Vietnam Final 
Determination).
    \2\ See ITC's Letter, Investigation Nos. 731-TA-1560-1562 and 
731-TA-1564 (Final), dated May 27, 2022.
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Scope of the Orders

    The product covered by these orders is raw honey from Argentina, 
Brazil, India, and Vietnam. For a complete description of the scope of 
these orders, see the appendix to this notice.

Antidumping Duty Orders

    On June 3, 2022, in accordance with section 735(d) of the Act, the 
ITC published in the Federal Register its final determinations in these 
investigations, in which it found that an industry in the United States 
is materially injured by reason of imports of raw honey from Argentina, 
Brazil, India, and Vietnam.\3\ Therefore, in accordance with sections 
735(c)(2) and 736 of the Act, Commerce is issuing these antidumping 
duty orders. Because the ITC determined that imports of raw honey from 
Argentina, Brazil, India, and Vietnam are materially injuring a U.S. 
industry, unliquidated entries of such merchandise from Argentina, 
Brazil, India, and Vietnam, entered or withdrawn from warehouse for 
consumption, are subject to the assessment of antidumping duties.
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    \3\ See Raw Honey from Argentina, Brazil, India, and Vietnam, 87 
FR 33831 (June 3, 2022).
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    Therefore, in accordance with section 736(a)(1) of the Act, 
Commerce will direct U.S. Customs and Border Protection (CBP) to 
assess, upon further instruction by Commerce, antidumping duties equal 
to the amount by which the normal value of the merchandise exceeds the 
export price (or constructed export price) of the merchandise, for all 
relevant entries of raw honey from Argentina, Brazil, India, and 
Vietnam. With the exception of entries occurring after the expiration 
of the provisional

[[Page 35502]]

measures period and before publication of the ITC's final affirmative 
injury determinations, as further described below, antidumping duties 
will be assessed on unliquidated entries of raw honey from Argentina, 
Brazil, and India entered, or withdrawn from warehouse, for 
consumption, on or after November 23, 2021, the date of publication of 
the Preliminary Determinations in the Federal Register.\4\ As further 
described below, antidumping duties will be assessed on unliquidated 
entries of raw honey from Vietnam entered, or withdrawn from warehouse, 
for consumption, on or after August 25, 2021, which is 90 days prior to 
the date of publication of the Vietnam Preliminary Determination.\5\
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    \4\ See Raw Honey from Argentina: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value, Preliminary 
Affirmative Determination of Critical Circumstances, Postponement of 
Final Determination, and Extension of Provisional Measures, 86 FR 
66531 (November 23, 2021) (Argentina Preliminary Determination); Raw 
Honey from Brazil: Preliminary Affirmative Determination of Sales at 
Less Than Fair Value, Postponement of Final Determination, and 
Extension of Provisional Measures, 86 FR 66533 (November 23, 2021); 
and 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) 
(collectively, Preliminary Determinations).
    \5\ See Raw Honey from the Socialist Republic of Vietnam: 
Preliminary Affirmative Determination of Sales at Less Than Fair 
Value, Postponement of Final Determination, and Extension of 
Provisional Measures, 86 FR 66526 (November 23, 2021); Raw Honey 
from the Socialistic Republic of Vietnam: Preliminary Affirmative 
Determination of Critical Circumstances in the Less-Than-Fair-Value 
Investigation, 87 FR 2127 (January 13, 2022); and Raw Honey from the 
Socialistic Republic of Vietnam: Preliminary Affirmative 
Determination of Critical Circumstances in the Less-Than-Fair-Value 
Investigation; Correction, 87 FR 7800 (February 10, 2022) 
(collectively, Vietnam Preliminary Determination).
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Critical Circumstances

    With respect to the ITC's negative critical circumstances 
determination on imports of raw honey from Argentina, we will instruct 
CBP to lift suspension and to refund any cash deposits made to secure 
the payment of estimated antidumping duties with respect to entries of 
the subject merchandise from Argentina entered, or withdrawn from 
warehouse, for consumption on or after August 25, 2021 (i.e., 90 days 
prior to the date of the publication of the Argentina Preliminary 
Determination), but before November 23, 2021 (i.e., the date of 
publication of the Preliminary Determinations).
    Regarding Vietnam, the ITC found that critical circumstances exist 
with respect to imports subject to Commerce's affirmative critical 
circumstances finding within the meaning of section 735(b)(4)(A) of the 
Act. As a result of Commerce's affirmative critical circumstances 
determination under section 735(a)(3) of the Act, and the ITC's 
affirmative critical circumstances determination under section 
735(b)(4)(A) of the Act, retroactive duties will be applied to the 
relevant imports for a period of 90 days prior to the suspension of 
liquidation.\6\ Therefore, in accordance with section 736(a)(1) of the 
Act, Commerce will direct CBP to assess, upon further instruction by 
Commerce, antidumping duties equal to the amount by which the normal 
value of the merchandise exceeds the export price (or constructed 
export price) of the merchandise for all relevant entries of raw honey 
from Vietnam. Antidumping duties will be assessed on unliquidated 
entries of raw honey from Vietnam for Ban Me Thuot Honeybee Joint Stock 
Company, Daklak Honeybee Joint Stock Company, the eligible separate 
rate companies, and the Vietnam-wide entity entered, or withdrawn from 
warehouse, for consumption on or after August 25, 2021, which is 90 
days prior to the date of publication of the Vietnam Preliminary 
Determination, in accordance with the critical circumstances finding in 
the Vietnam Final Determination. Antidumping duties will not be 
assessed on any entries occurring after the expiration of the 
provisional measures period and before publication of the ITC's final 
affirmative injury determinations, as further described below.
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    \6\ See section 735(c)(4) of the Act; see also Statement of 
Administrative Action Accompanying the Uruguay Round Agreements Act, 
H.R. Doc. 103-316, Vol. 1 (1994), at 876 (``If both agencies make 
affirmative critical circumstances determinations in their final 
investigations, retroactive duties will be applied for a period 
ninety days prior to suspension of liquidation.'').
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Continuation of Suspension of Liquidation

    Except as noted in the ``Provisional Measures'' section of this 
notice, in accordance with section 736 of the Act, Commerce will 
instruct CBP to continue to suspend liquidation on all relevant entries 
of raw honey from Argentina, Brazil, India, and Vietnam. These 
instructions suspending liquidation will remain in effect until further 
notice.
    Commerce will also instruct CBP to require cash deposits equal to 
the estimated weighted-average dumping margins indicated in the tables 
below. Accordingly, effective on the date of publication in the Federal 
Register of the notice of the ITC's final affirmative injury 
determinations, CBP will require, at the same time as importers would 
normally deposit estimated duties on subject merchandise, a cash 
deposit equal to the rates listed below. For Argentina, Brazil, and 
India, the relevant all-others rate applies to all producers or 
exporters not specifically listed. For Vietnam, the Vietnam-wide entity 
rate listed below applies to all exporters not specifically listed.

Provisional Measures

    Section 733(d) of the Act states that suspension of liquidation 
pursuant to an affirmative preliminary determination may not remain in 
effect for more than four months, except where exporters representing a 
significant proportion of exports of the subject merchandise request 
that Commerce extend the four-month period to no more than six months. 
At the request of exporters that account for a significant proportion 
of exports of raw honey from Argentina, Brazil, India, and Vietnam, 
Commerce extended the four-month period to six months in these 
investigations. Commerce published the Preliminary Determinations on 
November 23, 2021.\7\
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    \7\ See Preliminary Determinations.
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    The extended provisional measures period, beginning on the date of 
publication of the Preliminary Determinations, ended on May 21, 2022. 
Therefore, in accordance with section 733(d) of the Act and our 
practice,\8\ Commerce will instruct CBP to terminate the suspension of 
liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of raw honey from Argentina, Brazil, India, and 
Vietnam entered, or withdrawn from warehouse, for consumption after May 
21, 2022, the final day on which the provisional measures were in 
effect, until and through the day preceding the date of publication of 
the ITC's final affirmative injury determinations in the Federal 
Register. Suspension of liquidation and the collection of cash deposits 
will resume on the date of publication of the ITC's final 
determinations in the Federal Register.
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    \8\ See, e.g., Certain Corrosion-Resistant Steel Products from 
India, India, the People's Republic of China, the Republic of Korea 
and Taiwan: Amended Final Affirmative Antidumping Determination for 
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390, 48392 
(July 25, 2016).
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Estimated Weighted-Average Dumping Margins

    The estimated weighted-average dumping margins are as follows:

[[Page 35503]]



------------------------------------------------------------------------
                                                      Estimated weighted-
                  Exporter/producer                     average dumping
                                                       margin (percent)
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                                Argentina
------------------------------------------------------------------------
Asociaci[oacute]n De Cooperativas Argentinas                       24.67
 Cooperativa Limitada...............................
NEXCO S.A...........................................                9.17
Industrias Haedo S.A................................               49.44
Compa[ntilde][iacute]a Inversora Platense S.A.......               49.44
All Others..........................................               16.92
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                                 Brazil
------------------------------------------------------------------------
Melbras Importadora E Exportadora Agroindustrial                    7.89
 Ltda...............................................
Api[aacute]rio Diamante Comercial Exportadora Ltda/                83.72
 Api[aacute]rio Diamante Produ[ccedil][atilde]o e
 Comercial de Mel Ltda (Supermel) \9\...............
All Others..........................................                7.89
------------------------------------------------------------------------
                                  India
------------------------------------------------------------------------
Allied Natural Product..............................                6.24
Ambrosia Natural Products (India) Private Limited/                  5.52
 Ambrosia Enterprise/Sunlite India Agro Producer Co.
 Ltd.\10\...........................................
All Others..........................................                5.87
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                                 Vietnam
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Ban Me Thuot Honeybee Joint Stock Company...........               61.27
Daklak Honeybee Joint Stock Company.................               58.74
Dak Nguyen Hong Exploitation of Honey Company                      60.03
 Limited TA, Nguyen Hong Honey Co., LTDTA...........
Nhieu Loc Company Limited...........................               60.03
Hoang Tri Honey Bee Company Limited (a.k.a. Hoang                  60.03
 Tri Honey Bee Co., Ltd.), H. T Honey Co., Ltd......
Viet Thanh Food Technology Development Investment                  60.03
 Company Limited, Viet Thanh Food Co., Ltd..........
Dongnai HoneyBee Corporation........................               60.03
Sai Gon Bees Limited Company, Saigon Bees Co., Ltd.,               60.03
 Sai Gon Bees Co., Ltd..............................
Huong Rung Trading--Investment and Export Company,                 60.03
 Huong Rung Co., Ltd................................
Hai Phong Honeybee Company Limited..................               60.03
Bao Nguyen Honeybee Co., Ltd........................               60.03
Southern Honey Bee Company LTD......................               60.03
Golden Bee Company Limited..........................               60.03
Thanh Hao Bees Company Limited......................               60.03
Daisy Honey Bee Joint Stock Company, Daisy Honey Bee               60.03
 JSC, Daisy Honey Bee J.S.C.........................
Bee Honey Corporation of Ho Chi Minh City, Bee Honey               60.03
 Corp. of Ho Chi Minh City, Behonex Corp............
Phong Son Limited Company, Phong Son Co., Ltd.......               60.03
Hoa Viet Honeybee One Member Company Limited, Hoa                  60.03
 Viet Honey Bee Co., Ltd., Hoa Viet Honeybee Co.,
 Ltd................................................
Vietnam-wide Entity.................................               60.03
------------------------------------------------------------------------

Establishment of the Annual Inquiry Service Lists
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    \9\ For the final determination, Commerce found that these 
companies are affiliated within the meaning of section 771(33) of 
the Act and that they constitute a single entity pursuant to 19 CFR 
351.401(f). See Brazil Final Determination.
    \10\ For the final determination, Commerce found 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 
and, further, found that these companies should be treated as a 
single entity, pursuant to 19 CFR 35l.401(f). See India Final 
Determination.
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    On September 20, 2021, Commerce published the final rule titled 
``Regulations to Improve Administration and Enforcement of Antidumping 
and Countervailing Duty Laws'' in the Federal Register.\11\ On 
September 27, 2021, Commerce also published the notice titled ``Scope 
Ruling Application; Annual Inquiry Service List; and Informational 
Sessions'' in the Federal Register.\12\ The Final Rule and Procedural 
Guidance provide that Commerce will maintain an annual inquiry service 
list for each order or suspended investigation, and any interested 
party submitting a scope ruling application or request for 
circumvention inquiry shall serve a copy of the application or request 
on the persons on the annual inquiry service list for that order, as 
well as any companion order covering the same merchandise from the same 
country of origin.\13\
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    \11\ See Regulations to Improve Administration and Enforcement 
of Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 
20, 2021) (Final Rule).
    \12\ See Scope Ruling Application; Annual Inquiry Service List; 
and Informational Sessions, 86 FR 53205 (September 27, 2021) 
(Procedural Guidance).
    \13\ Id.
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    In accordance with the Procedural Guidance, for orders published in 
the Federal Register after November 4, 2021, Commerce will create an 
annual inquiry service list segment in Commerce's online e-filing and 
document management system, Antidumping and Countervailing Duty 
Electronic Service System (ACCESS), available at https://access.trade.gov, within five business days of publication of the 
notice of the order. Each annual inquiry service list will be saved in 
ACCESS, under each case number, and under a specific segment type 
called ``AISL-Annual Inquiry Service List.'' \14\
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    \14\ This segment will be combined with the ACCESS Segment 
Specific Information (SSI) field which will display the month in 
which the notice of the order or suspended investigation was 
published in the Federal Register, also known as the anniversary 
month. For example, for an order under case number A-000-000 that 
was published in the Federal Register in January, the relevant 
segment and SSI combination will appear in ACCESS as ``AISL-January 
Anniversary.'' Note that there will be only one annual inquiry 
service list segment per case number, and the anniversary month will 
be pre-populated in ACCESS.

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[[Page 35504]]

    Interested parties who wish to be added to the annual inquiry 
service list for an order must submit an entry of appearance to the 
annual inquiry service list segment for the order in ACCESS within 30 
days after the date of publication of the order. For ease of 
administration, Commerce requests that law firms with more than one 
attorney representing interested parties in an order designate a lead 
attorney to be included on the annual inquiry service list. Commerce 
will finalize the annual inquiry service list within five business days 
thereafter. As mentioned in the Procedural Guidance, the new annual 
inquiry service list will be in place until the following year, when 
the Opportunity Notice for the anniversary month of the order is 
published.
    Commerce may update an annual inquiry service list at any time as 
needed based on interested parties' amendments to their entries of 
appearance to remove or otherwise modify their list of members and 
representatives, or to update contact information. Any changes or 
announcements pertaining to these procedures will be posted to the 
ACCESS website at https://access.trade.gov.

Special Instructions for Petitioners and Foreign Governments

    In the Final Rule, Commerce stated that, ``after an initial request 
and placement on the annual inquiry service list, both petitioners and 
foreign governments will automatically be placed on the annual inquiry 
service list in the years that follow.'' \15\ Accordingly, as stated 
above, the petitioners and foreign governments should submit their 
initial entry of appearance after publication of this notice in order 
to appear in the first annual inquiry service list for those orders for 
which they qualify as an interested party. Pursuant to 19 CFR 
351.225(n)(3), the petitioners and foreign governments will not need to 
resubmit their entries of appearance each year to continue to be 
included on the annual inquiry service list. However, the petitioners 
and foreign governments are responsible for making amendments to their 
entries of appearance during the annual update to the annual inquiry 
service list in accordance with the procedures described above.
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    \15\ See Final Rule, 86 FR at 52335.
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Notification to Interested Parties

    This notice constitutes the antidumping duty orders with respect to 
raw honey from Argentina, Brazil, India, and Vietnam pursuant to 
section 736(a) of the Act. Interested parties can find a list of 
antidumping duty orders currently in effect at https://enforcement.trade.gov/stats/iastats1.html.
    These antidumping duty orders are published in accordance with 
section 736(a) of the Act and 19 CFR 351.211(b).

    Dated: June 6, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Orders

    The product covered by these orders 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 these orders 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 these orders is 
dispositive.

[FR Doc. 2022-12498 Filed 6-9-22; 8:45 am]
BILLING CODE 3510-DS-P