[Federal Register Volume 88, Number 208 (Monday, October 30, 2023)]
[Notices]
[Pages 74152-74153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23849]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-833]
Raw Honey From the Socialist Republic of Vietnam: Initiation of
Antidumping Duty Changed Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is initiating a
changed circumstances review (CCR) of the antidumping duty (AD) order
on raw honey from the Socialist Republic of Vietnam (Vietnam) to
examine whether Vietnam remains a non-market economy (NME) country for
purposes of the application of the AD law.
DATES: Applicable October 30, 2023.
FOR FURTHER INFORMATION CONTACT: Chien-Min Yang or Leah Wils-Owens,
Office of Policy, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-5484 or (202) 482-4203,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 8, 2023, the Government of Vietnam (GOV) submitted a
letter requesting that Commerce conduct a review of Vietnam's status as
an NME country \1\ within the context of a CCR of the AD order on raw
honey from Vietnam.\2\ In the CCR Request, the GOV describes changes
that have occurred in Vietnam in recent years as they relate to each of
the statutory criteria Commerce uses to evaluate a country's market
economy status. Specifically, in the CCR Request, the GOV contends that
the Vietnamese dong is transparently convertible into other foreign
currencies based on market principles, fairness, and non-
discrimination.\3\ In the CCR Request, the GOV argues that bargaining
between labor and management on wage rates in Vietnam is free, and that
Vietnam now possesses a clear legal framework to ensure employees'
basic rights.\4\ With regard to foreign direct investment, the GOV
states in the CCR Request that Vietnam has made improvements in the
investment environment, stating that no differences exist in how
foreign and domestic investors are treated.\5\ In the CCR Request, the
GOV also provides information on the reduction of government ownership
and control over the means of production in Vietnam and maintains that
private sector development, state-owned enterprise restructuring and
divestment, and land reform initiatives have all been taken.\6\ As to
the allocation of resources and the government's role in price and
output decisions, the GOV states in the CCR Request that the GOV does
not possess significant control over these areas.\7\ In the CCR
Request, the GOV also identifies other factors that have been important
to market-oriented reforms, including the establishment of a legal
framework for bankruptcy, greater transparency in corporate governance,
the launch of a legal framework for a state audit, a unified legal
system, and diversified foreign economic relations.\8\
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\1\ See GOV's Letter, ``Request for Changed Circumstances
Review,'' dated September 8, 2023 (CCR Request).
\2\ See Raw Honey from Argentina, Brazil, India, and the
Socialist Republic of Vietnam: Antidumping Duty Orders, 87 FR 35501
(June 10, 2023).
\3\ See CCR Request at 3.
\4\ Id. at 7-8.
\5\ Id. at 10-14.
\6\ Id. at 14-16.
\7\ Id. at 16-20.
\8\ Id. at 20-23.
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On October 6, 2023, the American Honey Producers Association and
Sioux Honey Association (the petitioners) submitted comments in
opposition to CCR Request.\9\ On October 17, 2023, the GOV submitted
rebuttal comments in
[[Page 74153]]
response to the Petitioners' Comments.\10\ On October 19, 2023,
Commerce received comments from the following parties: the Southern
Shrimp Alliance; \11\ the Metal Grating Coalition; \12\ Catfish Farmers
of America (CFA) and America's Catch, Inc., Alabama Catfish, LLC d/b/a
Harvest Select Catfish, Inc., Consolidated Catfish Companies, LLC d/b/a
Country Select Catfish, Delta Pride Catfish, Inc., Guidry's Catfish,
Inc., Heartland Catfish Company, Magnolia Processing, Inc. d/b/a Pride
of the Pond, and Simmons Farm Raised Catfish, Inc.; \13\ the Coalition
for Fair Trade in Hardwood Plywood; \14\ and Wiley Rein, LLP.\15\ On
October 20, 2023, the following parties submitted comments in
opposition to GOV's CCR Request: Steel Dynamics, Inc. (SDI), the
American Shrimp Processors Association (ASPA), and the American Kitchen
Cabinet Alliance (AKCA); \16\ the Steel Manufacturers Association; \17\
and the Coalition of American Millwork Producers.\18\
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\9\ See Petitioners' Letter, ``Petitioners' Response to
Vietnam's Request for Market Economy Treatment,'' dated October 6,
2023 (Petitioners' Comments).
\10\ See GOV's Letter, ``Responses to Petitioners' Comments on
Viet Nam's Request for Market Economy Treatment,'' dated October 17,
2023.
\11\ See Southern Shrimp Alliance's Letter, ``Comments in
Response to Request for Market Economy Status,'' dated October 19,
2023.
\12\ See Metal Grating Coalition's Letter, ``Response to the
Government of the Socialist Republic of Vietnam's Request for
Changed Circumstances Review,'' dated October 19, 2023.
\13\ See CFA et al.'s Letter, ``Response to the Government of
the Socialist Republic of Vietnam's Request for Changed
Circumstances Review,'' dated October 19, 2023.
\14\ See Coalition for Fair Trade in Hardwood Plywood's Letter,
``Response to the Government of the Socialist Republic of Vietnam's
Request for Changed Circumstances Review,'' dated October 19, 2023.
\15\ See Wiley Rein, LLP's Letter, ``Response to the Government
of the Socialist Republic of Vietnam's Request for Changed
Circumstances Review,'' dated October 19, 2023.
\16\ See SDI, ASPA, and AKCA's Letter, ``Response to Request for
Changed Circumstances Review of the Antidumping Order on Raw Honey
from the Socialist Republic of Vietnam,'' dated October 20, 2023.
\17\ See Steel Manufacturer Association's Letter, ``Response to
the Government of the Socialist Republic of Vietnam's Requests for
Changed Circumstances Review,'' dated October 20, 2023.
\18\ See Coalition of American Millwork Producers' Letter,
``Response to the Government of the Socialist Republic of Vietnam's
Request for Changed Circumstances Review,'' dated October 20, 2023.
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Initiation of Changed Circumstances Review
Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended
(the Act), when Commerce receives information concerning, or a request
from an interested party for a review of, a final affirmative
determination that resulted in an AD or countervailing duty order,
which shows changed circumstances sufficient to warrant a review of
such determination, Commerce shall conduct a review of the
determination after publishing notice of the review in the Federal
Register. Section 751(b)(4) of the Act provides that, in the absence of
good cause, Commerce may not review final determinations regarding
whether subject merchandise is being, or is likely to be, sold in the
United States at less than its fair value, or whether or not a
countervailable subsidy is being provided with respect to subject
merchandise, less than 24 months after the date of publication of the
notice of that determination.
As the GOV submitted substantial information on the reforms to the
Vietnamese economy that are relevant to the six statutory factors
Commerce reviews as part of its analysis on market economy status, and
that have occurred since Commerce last reviewed Vietnam's market
economy status in 2002,\19\ Commerce determines that good cause exists
to review Vietnam's status as an NME country at this time within the
meaning of 19 CFR 351.216(c). Section 771(18)(C)(ii) of the Act, which
states that Commerce may make determinations of a country's NME status
at any time, further grants Commerce the authority to initiate this NME
review. Therefore, in response to this request, Commerce is initiating
a CCR to examine whether Vietnam remains an NME country for purposes of
the AD law, in accordance with sections 751(b) and 771(18)(C)(ii) of
the Act.
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\19\ See Notice of Final Antidumping Duty Determination of Sales
at Less Than Fair Value and Affirmative Critical Circumstances:
Certain Frozen Fish Fillets from the Socialist Republic of Vietnam,
68 FR 37116 (June 23, 2003).
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Opportunity for Public Comment and Submission of Factual Information
As part of this inquiry in which we are reviewing Vietnam's NME
country status, Commerce invites public comments with respect to
Vietnam on the following factors enumerated by section 771(18)(B) of
the Act, which Commerce must consider in making an ME/NME
determination:
(i) the extent to which the currency of the foreign country is
convertible into the currency of other countries;
(ii) the extent to which wage rates in the foreign country are
determined by free bargaining between labor and management;
(iii) the extent to which joint ventures or other investments by
firms of other foreign countries are permitted in the foreign country;
(iv) the extent of government ownership or control of the means of
production;
(v) the extent of government control over the allocation of
resources and over the price and output decisions of enterprises; and
(vi) such other factors as the administering authority considers
appropriate.
The deadline for the submission of comments is not later than 30
days after the date of publication of this notice. Rebuttal comments,
limited to issues raised in parties' affirmative comments, may be filed
not later than 14 days after the date for filing affirmative comments.
Interested parties must submit comments and factual information at the
Federal eRulemaking Portal: https://www.Regulations.gov. The
identification number is ITA-2023-0010. An electronically filed
document must be received successfully in its entirety by 5:00 p.m.
Eastern Time on the due date set forth in this notice. Parties may
request a hearing in their comments. If Commerce determines that a
hearing is warranted, parties will be notified of the date, time, and
room number for the hearing, in accordance with 19 CFR 351.310(d).
Unless extended, consistent with 19 CFR 351.216(e), we will issue
the final results of this CCR no later than 270 days after the date on
which this review was initiated.
Notification to Interested Parties
This notice is issued and published in accordance with sections
751(b) and 771(18)(C)(ii) of the Act.
Dated: October 23, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-23849 Filed 10-27-23; 8:45 am]
BILLING CODE 3510-DS-P