[Federal Register Volume 89, Number 130 (Monday, July 8, 2024)]
[Notices]
[Pages 55915-55917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14912]



[[Page 55915]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-357-823]


Raw Honey From Argentina: Preliminary Results and Rescission, in 
Part, of Antidumping Duty Administrative Review; 2021-2023

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that Asociaci[oacute]n De Cooperativas Argentinas 
Cooperativa Limitada (ACA), and the non-individually-examined companies 
for which a review was requested made sales of raw honey from Argentina 
is being sold in the United States at less than normal value (NV) 
during the period of review (POR), November 23, 2021, through May 31, 
2023. Additionally, Commerce preliminarily determines that NEXCO S.A. 
(NEXCO) did not make sales of raw honey at prices below NV during the 
POR. We are also rescinding this review, in part, with respect to five 
companies which had no suspended entries. We invite interested parties 
to comment on these preliminary results.

DATES: Applicable July 8, 2024.

FOR FURTHER INFORMATION CONTACT: Thomas Martin or Zachary Shaykin, AD/
CVD Operations, Office IV, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-3936 or (202) 
482-2638, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 10, 2022, Commerce published in the Federal Register the 
antidumping duty (AD) order on raw honey from Argentina.\1\ On August 
3, 2023, Commerce initiated an administrative review of the Order 
covering 24 companies, in accordance with section 751(a) of the Tariff 
Act of 1930, as amended (the Act).\2\ On February 13, 2024, we extended 
the deadline for the preliminary results of this review to June 28, 
2024.\3\
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    \1\ See Raw Honey from Argentina, Brazil, India, and the 
Socialist Republic of Vietnam: Antidumping Duty Orders, 87 FR 35501 
(June 10, 2022) (Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 51271 (August 3, 2023) (Initiation 
Notice).
    \3\ See Memorandum, ``Extension of Deadline for the Preliminary 
Results of Antidumping Duty Administrative Review,'' dated February 
13, 2024.
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    For details regarding the events that occurred subsequent to the 
initiation of this review, see the Preliminary Decision Memorandum.\4\ 
A list of topics discussed in the Preliminary Decision Memorandum is 
included in as Appendix I to this notice. The Preliminary Decision 
Memorandum is a public document and is on file electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Antidumping Duty Administrative Review of Raw Honey 
from Argentina; 2021-2023,'' dated concurrently with, and hereby 
adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order

    The merchandise covered by the Order is raw honey from Argentina. 
For a complete description of the scope of the Order, see the 
Preliminary Decision Memorandum.

Rescission, in Part, of Administrative Review

    Pursuant to 19 CFR 351.213(d)(3), Commerce will rescind an 
administrative review when there are no entries of subject merchandise 
during the POR for which liquidation is suspended.\5\ Normally, upon 
completion of an administrative review, the suspended entries are 
liquidated at the AD assessment rate calculated for the review 
period.\6\ Therefore, for an administrative review of a company to be 
conducted, there must be a suspended entry that Commerce can instruct 
and U.S. Customs and Border Protection (CBP) to liquidate at the AD 
assessment rate calculated for the POR.\7\
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    \5\ See, e.g., Large Diameter Welded Pipe from Greece: 
Rescission of Antidumping Duty Administrative Review; 2022-2023, 89 
FR 4274 (January 23, 2024).
    \6\ See 19 CFR 351.212(b)(2).
    \7\ See 19 CFR 351.213(d)(3).
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    On June 14, 2024, we notified parties of our intent to rescind this 
administrative review, in part, with respect to the five companies 
listed in Appendix II because there were no suspended entries of 
subject merchandise produced or exported by these companies during the 
POR. We invited interested parties to comment.\8\ No parties commented 
on our intent to rescind the review, in part. In the absence of 
suspended entries of subject merchandise from these companies during 
the POR, we are rescinding, in part, the administrative review for the 
companies listed in Appendix II, in accordance with 19 CFR 
351.213(d)(3).
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    \8\ See Memorandum, ``Notice of Intent to Rescind Review, In 
Part,'' dated June 14, 2024.
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Methodology

    Commerce is conducting this review in accordance with sections 
751(a)(1) and (2) of the Act. We calculated constructed export price in 
accordance with section 772(b) of the Act. We calculated NV in 
accordance with section 773 of the Act. For a full description of the 
methodology underlying these preliminary results, see the Preliminary 
Decision Memorandum.

Rate for Non-Examined Companies

    The statute and Commerce's regulations do not address the 
establishment of a rate to be applied to companies not selected for 
individual examination when Commerce limits its examination in an 
administrative review pursuant to section 777A(c)(2) of the Act. 
Generally, Commerce looks to section 735(c)(5) of the Act, which 
provides instructions for calculating the all-others rate in a market 
economy investigation, for guidance when calculating the rate for 
companies which were not selected for individual examination in an 
administrative review. Under section 735(c)(5)(A) of the Act, the all-
others rate is normally ``an amount equal to the weighted average of 
the estimated weighted-average dumping margins established for 
exporters and producers individually investigated, excluding any zero 
or de minimis margins, and any margins determined entirely [verbar] on 
the basis of facts available.'' In this review, we calculated a 
weighted-average dumping margin for the two mandatory respondents, ACA 
and NEXCO, of 58.34 percent and 0.00 percent, respectively, and we have 
assigned to the non-selected companies a rate of 58.34 percent, which 
is the rate calculated for ACA.

Preliminary Results of the Review

    We preliminarily determine that the following weighted-average 
dumping margins exist for the period of November 23, 2021, through May 
31, 2023:

[[Page 55916]]



------------------------------------------------------------------------
                                                        Weighted-average
                 Producer or exporter                    dumping margin
                                                           (percent)
------------------------------------------------------------------------
Asociaci[oacute]n De Cooperativas Argentinas                       58.34
 Cooperativa Limitada................................
Nexco S.A............................................               0.00
Review-Specific Rate for Non-Examined Companies \9\..              58.34
------------------------------------------------------------------------

Disclosure
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    \9\ See Appendix III.
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    Commerce intends to disclose its calculations and analysis 
performed for these preliminary results within five days of any public 
announcement or, if there is no public announcement, within five days 
of the date of publication of this notice in accordance with 19 CFR 
351.224(b).

Verification

    As provided in section 782(i)(3) of the Act, we intend to verify 
the information upon which we will rely in determining our final 
results of review with respect to the mandatory respondents, ACA and 
NEXCO.

Public Comment

    As stated below, Commerce intends to verify the information upon 
which it will rely in making its final determination. Interested 
parties may submit case briefs within seven days after issuance of the 
last verification report. Rebuttal briefs, limited to issues raised in 
case briefs, may be filed no later than five days after the date for 
filing case briefs.\10\ Interested parties who submit case briefs or 
rebuttal briefs in this proceeding must submit: (1) a table of contents 
listing each issue; and (2) a table of authorities.\11\
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    \10\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Procedures).
    \11\ See 19 CFR 351.309(c)(2) and (d)(2).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings, we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this review, we instead request that 
interested parties provide, at the beginning of their briefs, a public 
executive summary for each issue raised in their briefs.\12\ Further, 
we request that interested parties limit their public executive summary 
of each issue to no more than 450 words, no including citations. We 
intend to use the public executive summaries as the basis of the 
comment summaries included in the issues and decision memorandum that 
will accompany the final results in this administrative review. We 
request that interested parties include footnotes for relevant 
citations in the public executive summary of each issue. Note that 
Commerce has amended certain of its requirements pertaining to the 
service of documents in 19 CFR 351.303(f).\13\
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    \12\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \13\ See APO and Service Procedures.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain: 
(1) party's name, address, and telephone number; (2) the number of 
participants; and (3) a list of the issues to be discussed. Oral 
presentations at the hearing will be limited to issues raised in the 
briefs. If a request for a hearing is made, parties will be notified of 
the time and date for the hearing.\14\
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    \14\ See 19 CFR 351.310(d).
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Assessment Rates

    Upon completion of this administrative review, Commerce shall 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries. The final results of this review shall be the basis for the 
assessment of antidumping duties on entries of merchandise covered by 
this review and for future deposits of estimated duties, where 
applicable.\15\ Commerce intends to issue assessment instructions to 
CBP no earlier than 35 days after the date of publication of the final 
results of this review in the Federal Register. If a timely summons is 
filed at the U.S. Court of International Trade, the assessment 
instructions will direct CBP not to liquidate relevant entries until 
the time for parties to file a request for a statutory injunction has 
expired (i.e., within 90 days of publication).
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    \15\ See section 751(a)(2)(C) of the Act.
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    For an individually examined respondent whose weighted-average 
dumping margin is not zero or de minimis (i.e., less than 0.50 
percent), upon completion of the final results, Commerce intends to 
calculate importer-specific AD assessment rates on the basis of the 
ratio of the total amount of dumping calculated for each importer's 
examined sales to the total entered value of those sales. Pursuant to 
19 CFR 351.212(b)(1), neither ACA nor NEXCO reported actual entered 
value for all of its U.S. sales; in such instances, we calculated 
importer-specific per-unit duty assessment rates by aggregating the 
importer's amount of dumping calculated for the examined sales and 
dividing this amount by the total quantity of those sales. to consider 
whether the importer-specific assessment rate is de minimis, we 
estimated the enter value for each U.S. sales and calculated an 
estimated ad valorem importer-specific assessment rate as the 
importer's aggregated amount of dumping divided by the estimated entry 
value of those sales. Where either a respondent's weighted-average 
dumping margin is zero or de minimis, or an importer-specific estimated 
ad valorem assessment rate is zero or de minimis, we intend to instruct 
CBP to liquidate appropriate entries without regard to antidumping 
duties.\16\
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    \16\ See 19 CFR 351.106(c)(2); see also Antidumping Proceeding: 
Calculation of the Weighted-Average Dumping Margin and Assessment 
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR 
8101, 8103 (February 14, 2012).
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    Commerce's ``automatic assessment'' practice will apply to entries 
of subject merchandise during the POR produced by ACA or NEXCO for 
which it did not know that the merchandise it sold to an intermediary 
(e.g., a reseller, trading company, or exporter) was destined for the 
United States. In such instances, we will instruct CBP to liquidate 
those entries at the all-others rate (i.e., 16.92 percent) \17\ if 
there is no rate for the intermediate company(ies) involved in the 
transaction.\18\
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    \17\ See Raw Honey from Argentina: Final Determination of Sales 
at Less Than Fair Value and Final Affirmative Determination of 
Critical Circumstances, 87 FR 22179, 22181 (April 14, 2022) (Honey 
Argentina Inv. Final).
    \18\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    For the companies that were not selected for individual 
examination, we the antidumping duty assessment rate will be equal to 
the weighted-average

[[Page 55917]]

dumping margin calculated for each companies in the final results of 
this review.
    For the companies listed in Appendix II for which we are rescinding 
this review, we will instruct CBP to assess antidumping duties on all 
appropriate entries at a rate equal to the cash deposit of estimated 
antidumping duties required at the time of entry, or withdrawal from 
warehouse, in accordance with 19 CFR 351.212(c)(l)(i), not before 35 
days after the publication date of these preliminary results.

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies 
listed above will be equal to the weighted-average dumping margin 
established in the final results of this review, except if the rate is 
de minimis (i.e., less than 0.50 percent), in which case the cash 
deposit rate will be zero; (2) for an exporter of subject merchandise 
previously reviewed or investigated companies not covered by this 
review, the cash deposit rate will continue to be equal to the company-
specific rate published for the most recently-completed segment of this 
proceeding in which they were examined; (3) if the exporter is not a 
firm covered in this review, a prior review, or the LTFV investigation, 
but the producer is, the cash deposit rate will continue to be equal to 
the rate established for the most recently-completed segment of this 
proceeding for the producer of the merchandise; and (4) the cash 
deposit rate for all other producers or exporters will continue to be 
16.92 percent, the all-others rate established in the Amended Final 
Determination.\19\
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    \19\ See Honey Argentina Inv. Final, 87 FR at 22181.
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    These cash deposit requirements, when imposed, shall remain in 
effect until further notice.

Final Results of Review

    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review including the results of its 
analysis of issues raised in written briefs, no later than 120 days 
after the date of publication of this notice in the Federal Register, 
pursuant to 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR 351.213, and 19 
351.221(b)(4).

    Dated: June 28, 2024.
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 I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation

Appendix II

Companies for Which Commerce is Rescinding this Review

1. Algodonera Avellaneda S.A.
2. Apicola Danangie.
3. Argentik LLC.
4. Camino de Circunvalancion y Calle.
5. Mieles Cor Pam Srl.

Appendix III

Non-Examined Companies Receiving a Review-Specific Rate

1. Azul Agronegocios S.A.
2. Compaia Apicola Argentina S.A.
3. Compania Inversora Platense S.A.
4. Cooperativa Apicola La Colmena Ltda.
5. D'Ambros Maria de Los Angeles y D'Ambros Maria Daniela SRL.
6. Gasrroni S.R.L.
7. Geomiel S.A.
8. Gruas San Blas S.A.
9. Honey & Grains Srl.
10. Industrial Haedo S.A.
11. Industrias Haedo S.A.
12. Naiman S.A.
13. Newsan S.A.
14. Patagonik Food S.A.,
15. Promiel Srl (Vicentin S.A.I.C.).
16. Terremare Foods S.A.S.
17. Villamora S.A.

[FR Doc. 2024-14912 Filed 7-5-24; 8:45 am]
BILLING CODE 3510-DS-P