[Federal Register Volume 88, Number 182 (Thursday, September 21, 2023)]
[Notices]
[Pages 65155-65158]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20442]


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DEPARTMENT OF COMMERCE

International Trade Administration


Raw Honey From the Socialist Republic of Vietnam: Addendum to 
Initiation of Antidumping Duty Administrative Review

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

SUMMARY: The U.S. Department of Commerce (Commerce) has received 
requests to conduct an administrative review of the antidumping duty 
(AD)

[[Page 65156]]

order on raw honey from the Socialist Republic of Vietnam (Vietnam). As 
explained below, in accordance with Commerce's regulations, we are 
initiating this administrative review with respect to certain 
companies.

DATES: Applicable September 21, 2023.

FOR FURTHER INFORMATION CONTACT: Stephen Bailey, AD/CVD Operations, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230, telephone: (202) 482-0193.

SUPPLEMENTARY INFORMATION:

Background

    In the notice of opportunity to request administrative review for 
June anniversary orders, Commerce inadvertently listed an incorrect 
period of review (POR) for this proceeding.\1\ Commerce noted this 
error in its August Initiation Notice in which it initiated the reviews 
for this proceeding using the correct POR of August 25, 2021, through 
May 31, 2023.\2\ Commerce also noted the error in a subsequent 
opportunity notice, giving parties a further opportunity to request an 
administrative review using the correct POR.\3\ Commerce received 
timely requests, in accordance with 19 CFR 351.213(b), for an 
administrative review of the antidumping duty order on raw honey from 
Vietnam pursuant to both the June Opportunity Notice and the August 
Opportunity Notice.
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review and Join Annual Inquiry Service List, 88 FR 35835, 35837 
(June 1, 2023) (June Opportunity Notice).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 51271, 51276 (August 3, 2023) (August 
Initiation Notice).
    \3\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review and Join Annual Inquiry Service List, 88 FR 50840 (August 2, 
2023) (August Opportunity Notice).
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    Commerce received numerous review requests pursuant to the June 
Opportunity Notice.\4\ Commerce received one review request pursuant to 
the August Opportunity Notice for Spring Honeybee Co., Ltd. Further, we 
note that while a review request was submitted for Thai Hoa Mat Bees 
Rasing Co., Ltd. pursuant to the June Opportunity Notice, Commerce did 
not initiate a review for this company in its August Initiation 
Notice.\5\ Commerce is hereby initiating an administrative review for 
both Spring Honeybee Co., Ltd. and Thai Hoa Mat Bees Rasing Co., Ltd. 
See ``Initiation of Review'' section below.
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    \4\ See August Initiation Notice.
    \5\ See Letter, ``Request for Antidumping Duty Administrative 
Review,'' dated June 30, 2023 and August Initiation Notice.
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    All deadlines referenced in the August Initiation Notice apply to 
those companies upon which Commerce initiated a review in the August 
Initiation Notice (e.g., Notice of No Sales, Particular Market 
Situation, Separate Rates, Duty Absorption Reviews). Commerce intends 
to conduct respondent selection based on the publication date of this 
notice. Additionally, the preliminary and final results deadlines 
remain aligned with the initiation of this proceeding made pursuant to 
the August Initiation Notice \6\ regardless of whether a review was 
requested pursuant to the June Opportunity Notice or the August 
Opportunity Notice.
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    \6\ See August Initiation Notice.
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Respondent Selection

    In the event Commerce limits the number of respondents for 
individual examination for the administrative review initiated pursuant 
to requests made for the order identified below, Commerce intends to 
select respondents based on U.S. Customs and Border Protection (CBP) 
data for U.S. imports during the POR. We intend to place the CBP data 
on the record within five days of publication of this initiation notice 
and to make our decision regarding respondent selection within 35 days 
of publication of this initiation Federal Register notice. Comments 
regarding the CBP data and respondent selection should be submitted 
within seven days after the placement of the CBP data on the record of 
this review. Parties wishing to submit rebuttal comments should submit 
those comments within five days after the deadline for the initial 
comments.
    In the event Commerce decides it is necessary to limit individual 
examination of respondents and conduct respondent selection under 
section 777A(c)(2) of the Tariff Act of 1930, as amended (the Act), the 
following guidelines regarding collapsing of companies for purposes of 
respondent selection will apply. In general, Commerce has found that 
determinations concerning whether particular companies should be 
``collapsed'' (e.g., treated as a single entity for purposes of 
calculating antidumping duty rates) require a substantial amount of 
detailed information and analysis, which often require follow-up 
questions and analysis. Accordingly, Commerce will not conduct 
collapsing analyses at the respondent selection phase of this review 
and will not collapse companies at the respondent selection phase 
unless there has been a determination to collapse certain companies in 
a previous segment of this AD proceeding (e.g., investigation, 
administrative review, new shipper review, or changed circumstances 
review). For any company subject to this review, if Commerce 
determined, or continued to treat, that company as collapsed with 
others, Commerce will assume that such companies continue to operate in 
the same manner and will collapse them for respondent selection 
purposes. Otherwise, Commerce will not collapse companies for purposes 
of respondent selection.
    Parties are requested to: (a) identify which companies subject to 
review previously were collapsed, and (b) provide a citation to the 
proceeding in which they were collapsed. Further, if companies are 
requested to complete the Quantity and Value (Q&V) Questionnaire for 
purposes of respondent selection, in general, each company must report 
volume and value data separately for itself. Parties should not include 
data for any other party, even if they believe they should be treated 
as a single entity with that other party. If a company was collapsed 
with another company or companies in the most recently completed 
segment of this proceeding where Commerce considered collapsing that 
entity, complete Q&V data for that collapsed entity must be submitted.
    The following applies to Spring Honeybee Co., Ltd. and Thai Hoa Mat 
Bees Raising Co., Ltd., the companies for which we are now initiating a 
review:

Notice of No Sales

    With respect to antidumping administrative reviews, if a producer 
or exporter named in this notice of initiation had no exports, sales, 
or entries during the POR, it must notify Commerce within 30 days of 
publication of this notice in the Federal Register. All submissions 
must be filed electronically at https://access.trade.gov, in accordance 
with 19 CFR 351.303.\7\ Such submissions are subject to verification, 
in accordance with section 782(i) of the Act. Further, in accordance 
with 19 CFR 351.303(f)(1)(i), a copy must be served on every party on 
Commerce's service list.
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    \7\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011).

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[[Page 65157]]

Deadline for Withdrawal of Request for Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), a party that has requested a 
review may withdraw that request within 90 days of the date of 
publication of the notice of initiation of the requested review. The 
regulation provides that Commerce may extend this time if it is 
reasonable to do so. Determinations by Commerce to extend the 90-day 
deadline will be made on a case-by-case basis.

Deadline for Particular Market Situation Allegation

    Section 504 of the Trade Preferences Extension Act of 2015 amended 
the Act by adding the concept of a particular market situation (PMS) 
for purposes of constructed value under section 773(e) of the Act.\8\ 
Section 773(e) of the Act states that ``if a particular market 
situation exists such that the cost of materials and fabrication or 
other processing of any kind does not accurately reflect the cost of 
production in the ordinary course of trade, the administering authority 
may use another calculation methodology under this subtitle or any 
other calculation methodology.'' When an interested party submits a PMS 
allegation pursuant to section 773(e) of the Act, Commerce will respond 
to such a submission consistent with 19 CFR 351.301(c)(2)(v). If 
Commerce finds that a PMS exists under section 773(e) of the Act, then 
it will modify its dumping calculations appropriately.
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    \8\ See Trade Preferences Extension Act of 2015, Public Law 114-
27, 129 Stat. 362 (2015).
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    Neither section 773(e) of the Act nor 19 CFR 351.301(c)(2)(v) set a 
deadline for the submission of PMS allegations and supporting factual 
information. However, in order to administer section 773(e) of the Act, 
Commerce must receive PMS allegations and supporting factual 
information with enough time to consider the submission. Thus, should 
an interested party wish to submit a PMS allegation and supporting new 
factual information pursuant to section 773(e) of the Act, it must do 
so no later than 20 days after submission of initial responses to 
section D of the questionnaire.

Separate Rates

    In proceedings involving non-market economy (NME) countries, 
Commerce begins with a rebuttable presumption that all companies within 
the country are subject to government control and, thus, should be 
assigned a single antidumping duty deposit rate. It is Commerce's 
policy to assign all exporters of merchandise subject to an 
administrative review in an NME country this single rate unless an 
exporter can demonstrate that it is sufficiently independent so as to 
be entitled to a separate rate.
    To establish whether a firm is sufficiently independent from 
government control of its export activities to be entitled to a 
separate rate, Commerce analyzes each entity exporting the subject 
merchandise. In accordance with the separate rates criteria, Commerce 
assigns separate rates to companies in NME cases only if respondents 
can demonstrate the absence of both de jure and de facto government 
control over export activities.
    All firms listed below that wish to qualify for separate rate 
status in this administrative review, because it involves an NME 
country, must complete, as appropriate, either a Separate Rate 
Application or Certification, as described below. For this 
administrative review, in order to demonstrate separate rate 
eligibility, Commerce requires entities for whom a review was 
requested, that were assigned a separate rate in the most recent 
segment of this proceeding in which they participated, to certify that 
they continue to meet the criteria for obtaining a separate rate. The 
Separate Rate Certification form will be available on Commerce's 
website at https://access.trade.gov/Resources/nme/nme-sep-rate.html on 
the date of publication of this Federal Register notice. In responding 
to the certification, please follow the ``Instructions for Filing the 
Certification'' in the Separate Rate Certification. Separate Rate 
Certifications are due to Commerce no later than 30 calendar days after 
publication of this Federal Register notice.
    The deadline and requirement for submitting a Separate Rate 
Certification applies equally to NME-owned firms, wholly foreign-owned 
firms, and foreign sellers who purchase and export subject merchandise 
to the United States.
    Entities that currently do not have a separate rate from a 
completed segment of the proceeding \9\ should timely file a Separate 
Rate Application to demonstrate eligibility for a separate rate in this 
proceeding. In addition, companies that received a separate rate in a 
completed segment of the proceeding that have subsequently made 
changes, including, but not limited to, changes to corporate structure, 
acquisitions of new companies or facilities, or changes to their 
official company name,\10\ should timely file a Separate Rate 
Application to demonstrate eligibility for a separate rate in this 
proceeding. The Separate Rate Application will be available on 
Commerce's website at https://access.trade.gov/Resources/nme/nme-sep-rate.html on the date of publication of this Federal Register notice. 
In responding to the Separate Rate Application, refer to the 
instructions contained in the application. Separate Rate Applications 
are due to Commerce no later than 30 calendar days after publication of 
this Federal Register notice. The deadline and requirement for 
submitting a Separate Rate Application applies equally to NME-owned 
firms, wholly foreign-owned firms, and foreign sellers that purchase 
and export subject merchandise to the United States.
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    \9\ Such entities include entities that have not participated in 
the proceeding, entities that were preliminarily granted a separate 
rate in any currently incomplete segment of the proceeding (e.g., an 
ongoing administrative review, new shipper review, etc.) and 
entities that lost their separate rate in the most recently 
completed segment of the proceeding in which they participated.
    \10\ Only changes to the official company name, rather than 
trade names, need to be addressed via a Separate Rate Application. 
Information regarding new trade names may be submitted via a 
Separate Rate Certification.
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    Exporters and producers must file a timely Separate Rate 
Application or Certification if they want to be considered for 
individual examination. Furthermore, exporters and producers who submit 
a Separate Rate Application or Certification and subsequently are 
selected as mandatory respondents will no longer be eligible for 
separate rate status unless they respond to all parts of the 
questionnaire as mandatory respondents.

Initiation of Review

    In accordance with 19 CFR 351.221(c)(1)(i), in addition to the 
companies named in the August Initiation Notice for which Commerce has 
already initiated an admininstrative review, we are initiating an 
administrative review of the AD order on raw honey from Vietnam (A-552-
833) for the below companies for the period 8/25/2021 through 5/31/
2023: Spring Honeybee Co., Ltd., Thai Hoa Mat Bees Raising Co., Ltd.
    We intend to issue the final results of this review no later than 
June 30, 2024.

Duty Absorption Reviews

    During any administrative review covering all or part of a period 
falling between the first and second or third and fourth anniversary of 
the publication of an AD order under 19 CFR 351.211 or a determination 
under

[[Page 65158]]

19 CFR 351.218(f)(4) to continue an order or suspended investigation 
(after sunset review), Commerce, if requested by a domestic interested 
party within 30 days of the date of publication of the notice of 
initiation of the review, will determine whether AD duties have been 
absorbed by an exporter or producer subject to the review if the 
subject merchandise is sold in the United States through an importer 
that is affiliated with such exporter or producer. The request must 
include the name(s) of the exporter or producer for which the inquiry 
is requested.

Gap Period Liquidation

    For the first administrative review of any order, there will be no 
assessment of antidumping or countervailing duties on entries of 
subject merchandise entered, or withdrawn from warehouse, for 
consumption during the relevant ``gap'' period of the order (i.e., the 
period following the expiry of provisional measures and before 
definitive measures were put into place), if such a gap period is 
applicable to the POR.

Administrative Protective Orders and Letters of Appearance

    Interested parties must submit applications for disclosure under 
administrative protective orders in accordance with the procedures 
outlined in Commerce's regulations at 19 CFR 351.305. Those procedures 
apply to administrative review included in this notice of initiation. 
Parties wishing to participate in this administrative review should 
ensure that they meet the requirements of these procedures (e.g., the 
filing of separate letters of appearance as discussed at 19 CFR 
351.103(d)).

Factual Information Requirements

    Commerce's regulations identify five categories of factual 
information in 19 CFR 351.102(b)(21), which are summarized as follows: 
(i) evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by Commerce; and (v) evidence other than factual 
information described in (i)-(iv). These regulations require any party, 
when submitting factual information, to specify under which subsection 
of 19 CFR 351.102(b)(21) the information is being submitted and, if the 
information is submitted to rebut, clarify, or correct factual 
information already on the record, to provide an explanation 
identifying the information already on the record that the factual 
information seeks to rebut, clarify, or correct. The regulations, at 19 
CFR 351.301, also provide specific time limits for such factual 
submissions based on the type of factual information being submitted. 
Please review the Final Rule,\11\ available at www.govinfo.gov/content/pkg/FR-2013-07-17/pdf/2013-17045.pdf, prior to submitting factual 
information in this segment. Note that Commerce has temporarily 
modified certain of its requirements for serving documents containing 
business proprietary information, until further notice.\12\
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    \11\ See Certification of Factual Information To Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also the 
frequently asked questions regarding the Final Rule, available at 
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
    \12\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19, 85 FR 41363 (July 10, 2020).
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    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information using 
the formats provided at the end of the Final Rule.\13\ Commerce intends 
to reject factual submissions in any proceeding segments if the 
submitting party does not comply with applicable certification 
requirements.
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    \13\ See section 782(b) of the Act; see also Final Rule; and the 
frequently asked questions regarding the Final Rule, available at 
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Extension of Time Limits Regulation

    Parties may request an extension of time limits before a time limit 
established under Part 351 expires, or as otherwise specified by 
Commerce.\14\ In general, an extension request will be considered 
untimely if it is filed after the time limit established under Part 351 
expires. For submissions which are due from multiple parties 
simultaneously, an extension request will be considered untimely if it 
is filed after 10:00 a.m. on the due date. Examples include, but are 
not limited to: (1) case and rebuttal briefs, filed pursuant to 19 CFR 
351.309; (2) factual information to value factors under 19 CFR 
351.408(c), or to measure the adequacy of remuneration under 19 CFR 
351.511(a)(2), filed pursuant to 19 CFR 351.301(c)(3) and rebuttal, 
clarification and correction filed pursuant to 19 CFR 
351.301(c)(3)(iv); (3) comments concerning the selection of a surrogate 
country and surrogate values and rebuttal; (4) comments concerning CBP 
data; and (5) Q&V questionnaires. Under certain circumstances, Commerce 
may elect to specify a different time limit by which extension requests 
will be considered untimely for submissions which are due from multiple 
parties simultaneously. In such a case, Commerce will inform parties in 
the letter or memorandum setting forth the deadline (including a 
specified time) by which extension requests must be filed to be 
considered timely. This policy also requires that an extension request 
must be made in a separate, stand-alone submission, and clarifies the 
circumstances under which Commerce will grant untimely-filed requests 
for the extension of time limits. Please review the Final Rule, 
available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information in this segment.
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    \14\ See 19 CFR 351.302.
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    This initiation and this notice are in accordance with section 
751(a) of the Act (19 U.S.C. 1675(a)) and 19 CFR 351.221(c)(1)(i).

    Dated: September 15, 2023.
Scot Fullerton,
Associate Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2023-20442 Filed 9-20-23; 8:45 am]
BILLING CODE 3510-DS-P