[Federal Register Volume 89, Number 131 (Tuesday, July 9, 2024)]
[Notices]
[Pages 56306-56308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14988]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-903]


Raw Honey From India: Preliminary Results of Antidumping Duty 
Administrative Review and Preliminary Partial Rescission 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) is conducting an 
administrative review of the antidumping duty (AD) order on raw honey 
from India for the period of review (POR) November 23, 2021, through 
May 31, 2023. Commerce preliminarily finds that sales of subject 
merchandise were made at prices below normal value (NV) during the POR. 
We are also preliminarily rescinding the review with respect to 14 
companies that had no entries of the subject merchandise during the 
POR. We invite interested parties to comment on these preliminary 
results.

DATES: Applicable July 9, 2024.

FOR FURTHER INFORMATION CONTACT: Brittany Bauer or Javier Barrientos, 
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) 
482-2243, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 3, 2023, Commerce initiated an administrative review of 
the AD order on raw honey from India,\1\ in accordance with section 
751(a) of the Tariff Act of 1930, as amended (the Act). This review 
covers 30 producers/exporters of subject merchandise. Commerce selected 
two mandatory respondents for individual examination, Allied Natural 
Product (Allied) and Indocan Honey Private Limited (Indocan).
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 51271 (August 3, 2023) (Initiation 
Notice); see also Raw Honey from Argentina, Brazil, India, and the 
Socialist Republic of Vietnam: Antidumping Duty Orders, 87 FR 35501 
(June 10, 2022) (Order).
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    On February 15, 2024, Commerce extended the deadline for these 
preliminary results until June 28, 2024.\2\ For a complete description 
of the events that followed the initiation of this review, see the 
Preliminary Decision Memorandum.\3\
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    \2\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated February 
15, 2024.
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Administrative Review of the Antidumping Duty Order 
on Raw Honey from India; 2021-2023,'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order

    The merchandise subject to the Order is raw honey from India. For a 
full description of the scope, see the Preliminary Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with sections 
751(a)(1)(B) and (2) of the Act. We calculated export price and 
constructed export price in accordance with section 772 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. A list of 
the topics discussed in the Preliminary Decision Memorandum is included 
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.

Preliminary Rescission of Administrative Review, in Part

    Pursuant to 19 CFR 351.213(d)(3), when there are no reviewable 
entries of subject merchandise during the POR subject to the AD order 
for which liquidation is suspended, Commerce may rescind an 
administrative review, in whole or only with respect to a particular 
exporter or producer.\4\ At the end of the administrative review, any 
suspended entries are liquidated at the assessment rate computed for 
the review period.\5\ Therefore, for an administrative review to be 
conducted, there must be a reviewable, suspended entry to be liquidated 
at the newly calculated assessment rate.
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    \4\ See, e.g., Forged Steel Fittings from Taiwan: Rescission of 
Antidumping Duty Administrative Review; 2018-2019, 85 FR 71317, 
71318 (November 9, 2020); see also Certain Circular Welded Non-Alloy 
Steel Pipe from Mexico: Rescission of Antidumping Duty 
Administrative Review; 2016-2017, 83 FR 54084 (October 26, 2018).
    \5\ See 19 CFR 351.212(b)(1).
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    On August 9, 2023, we released U.S. import data from U.S. Customs 
and Border Protection (CBP) for the purpose of respondent selection.\6\ 
These data showed that 14 companies for which Commerce initiated an 
administrative review had no reviewable, suspended entries of subject 
merchandise.\7\ Accordingly, pursuant to 19 CFR 351.213(d)(3) and 
(d)(4), we are preliminarily rescinding this administrative review with 
respect to the 14 companies listed in Appendix II to this notice that 
had no reviewable, suspended entries of subject merchandise during the 
POR. Absent evidence of a shipment on the record from the 14 companies 
listed in

[[Page 56307]]

Appendix II during the POR, Commerce intends to rescind its review of 
these companies, pursuant to 19 CFR 351.213(d)(3).
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    \6\ See Memorandum, ``Placing U.S. Customs and Border Protection 
Data on the Record,'' dated August 9, 2023.
    \7\ Id.
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Rate for Companies Not Individually Examined

    The Act and Commerce's regulations do not address the establishment 
of a weighted-average dumping margin to be assigned 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 an 
investigation, for guidance when determining the weighted-average 
dumping margin 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 and de minimis margins, and any margins determined 
entirely {on the basis of facts available{time} .''
    We preliminarily calculated a de minimis dumping margin for Allied 
and an above de minimis margin for Indocan. Accordingly, we have 
preliminarily assigned to the non-selected companies a rate of 0.59 
percent, i.e., the rate for Indocan, because that is the only rate that 
is not zero, de minimis, or based entirely on facts available.

Preliminary Results of the Review

    We preliminarily determine that the following weighted-average 
dumping margins exist for the period November 23, 2021, through May 31, 
2023:
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    \8\ The exporters or producers not selected for individual 
examination are listed in Appendix III.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
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Allied Natural Product......................................        0.00
Indocan Honey Private Limited...............................        0.59
Companies Not Selected for Individual Review \8\............        0.59
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Disclosure and Public Comment

    We intend to disclose the calculations performed to parties within 
five days after public announcement of the preliminary results or, if 
there is no public announcement, within five days of the date of 
publication of this notice.\9\ Interested parties may submit case 
briefs no later than 30 days after the date of publication of this 
notice.\10\ Rebuttal briefs, limited to issues raised in the case 
briefs, may be filed not later than five days after the date for filing 
case briefs.\11\ Interested parties who submit case or rebuttal briefs 
in this proceeding must submit: (1) a table of contents listing each 
issue; and (2) a table of authorities.\12\
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    \9\ See 19 CFR 351.224(b).
    \10\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for 
general filing requirements).
    \11\ 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).
    \12\ See 19 351.309(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 briefs 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.\13\ Further, 
we request that interested parties limit their public executive summary 
of each issue to no more than 450 words, not 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).\14\
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    \13\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \14\ See Administrative Protective Order, Service, and Other 
Procedures in Antidumping and Countervailing Duty Proceedings; Final 
Rule, 88 FR 67069 (September 29, 2023).
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    Interested parties who wish to request a hearing must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, filed electronically via ACCESS.\15\ Requests should 
contain: (1) the party's name, address, and telephone number; (2) the 
number of participants and whether any participant is a foreign 
national; and (3) a list of issues to be discussed. Issues raised in 
the hearing will be limited to those raised in case and rebuttal 
briefs.\16\ If a request for a hearing is made, Commerce intends to 
hold the hearing at a time and date to be determined. A hearing request 
must be filed electronically using ACCESS and received in its entirety 
by 5:00 p.m. Eastern Time within 30 days after the publication of this 
notice.
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    \15\ See 19 CFR 351.310(c).
    \16\ See 19 CFR 351.310.
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Assessment Rates

    Upon completion of the final results of this administrative review, 
Commerce shall determine, and CBP shall assess, antidumping duties on 
all appropriate entries covered by this review.\17\ Pursuant to 19 CFR 
351.212(b)(1), if the weighted-average dumping margin for Allied or 
Indocan is not zero or de minimis (i.e., less than 0.50 percent) in the 
final results of this review, we will calculate importer-specific 
assessment rates based on the ratio of the total amount of dumping 
calculated for the importer's examined sales to the total entered value 
of those same sales. If either respondent's weighted-average dumping 
margin is zero or de minimis in the final results of review, or if an 
importer-specific assessment rate is zero or de minimis, Commerce will 
instruct CBP to liquidate appropriate entries without regard to 
antidumping duties. 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.\18\
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    \17\ See 19 CFR 351.212(b).
    \18\ See section 751(a)(2)(C) of the Act.
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    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise during the POR produced by Allied or 
Indocan for which the company did not know that the merchandise was 
destined for the United States, we will instruct CBP to liquidate those 
entries at the all-others rate established in the original less-than-
fair-value (LTFV) investigation (i.e., 5.87 percent) \19\ if there is 
no rate for the intermediate company(ies) involved in the 
transaction.\20\
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    \19\ See Order, 87 FR at 35503.
    \20\ 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 listed in Appendix III which were not selected 
for individual examination, we will assign an assessment rate based on 
the review-specific rate, calculated as noted in the ``Rate for 
Companies Not Individually Examined'' section, above. The final results 
of this review shall be the basis for the assessment of antidumping 
duties on entries of merchandise covered by the final results of this

[[Page 56308]]

review and for future deposits of estimated duties, where 
applicable.\21\
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    \21\ See section 751(a)(2)(C) of the Act.
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    If, in the final results, we continue to find that the 
administrative review for the companies listed in Appendix II should be 
rescinded, we will instruct CBP to assess antidumping duties on any 
suspended entries that entered under the CBP case numbers of those 
companies (i.e., at those exporters' rates) at a rate equal to the cash 
deposit of estimated antidumping duties required at the time of entry, 
or withdrawal from warehouse, for consumption, during the POR.
    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).

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 margins 
established in the final results of this review, except if the rate is 
less than 0.50 percent and, therefore, de minimis within the meaning of 
19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero; 
(2) for merchandise exported by a company not covered in this review, 
but covered in a prior segment of the proceeding, the cash deposit rate 
will be the company-specific rate published for the most recently-
completed segment in which it was reviewed; (3) if the exporter is not 
a firm covered in this review or in the original LTFV investigation, 
but the producer is, then the cash deposit rate will be 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 5.87 percent, the 
all-others rate established in the LTFV investigation.\22\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \22\ See Order, 81 FR at 11176.
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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 the issues raised in any written briefs, no later than 120 
days after the date of publication of this notice, pursuant to section 
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).

Notification to Importers

    This notice serves as a preliminary reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this POR. 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

    Commerce is issuing and publishing these preliminary results in 
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 
351.213 and 19 CFR 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. Preliminary Partial Rescission of Administrative Review
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation

Appendix II--Companies for Which We Are Preliminarily Rescinding the 
Administrative Review

1. AA Food Factory
2. Alpro
3. Aone Enterprises
4. Apl Logistics
5. Bee Hive Farms
6. Dabur India Limited
7. Ess Pee Quality Products
8. Infinator Pvt., Ltd.
9. Natural Agro Foods
10. NYSA Agro Foods
11. Shan Organics
12. Sunlite Organic
13. UTMT
14. Vedic Systems

Appendix III--Companies Not Selected for Individual Examination

1. Ambrosia Natural Products (India) Private Limited/Ambrosia 
Enterprise/Sunlite India Agro Producer Co., Ltd.
2. Apis India Limited
3. Brij Honey Pvt., Ltd.
4. Ganpati Natural Products
5. GMC Natural Product
6. Hi Tech Natural Products India Ltd.
7. Kejriwal Bee Care India Private Limited
8. KK Natural Food Industries LLP
9. Pearlcot Enterprises
10. Queenbee Foods Pvt. Ltd.
11. Salt Range Foods Pvt. Ltd.
12. Shakti Api Foods Private Limited \23\
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    \23\ We also initiated this review on ``Shakti Apifoods Pvt 
Ltd,'' which we are preliminarily considering to be the same 
company. See Initiation Notice.
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13. Shiv Apiaries
14. Yieppie Internationals

[FR Doc. 2024-14988 Filed 7-8-24; 8:45 am]
BILLING CODE 3510-DS-P