[Federal Register Volume 90, Number 26 (Monday, February 10, 2025)]
[Notices]
[Pages 9225-9226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-02416]
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Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
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Federal Register / Vol. 90, No. 26 / Monday, February 10, 2025 /
Notices
[[Page 9225]]
DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-857]
Raw Honey From Brazil: Notice of Court Decision Not in Harmony
With the Final Determination of Antidumping Duty Investigation; Notice
of Amended Final Determination; Notice of Amended Antidumping Duty
Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On January 24, 2025, the U.S. Court of International Trade
(CIT) issued its final judgment in Api[aacute]rio Diamante Comercial
Exportadora Ltda. and Api[aacute]rio Diamante Produ[ccedil][atilde]o e
Comercial de Mel Ltda. v. United States, Court No. 22-00185, sustaining
the U.S. Department of Commerce (Commerce)'s first remand
redetermination pertaining to the antidumping (AD) duty investigation
of raw honey (honey) from Brazil covering the period of investigation
April 1, 2020, through March 31, 2021. Commerce is notifying the public
that the CIT's final judgment is not in harmony with Commerce's final
determination in the investigation, and that Commerce is amending the
final determination and the resulting AD order with respect to the
dumping margins assigned to Api[aacute]rio Diamante Comercial
Exportadora Ltda/Api[aacute]rio Diamante Produ[ccedil][atilde]o e
Comercial de Mel Ltda (Supermel) and all other producers and/or
exporters of subject merchandise.
DATES: Applicable February 3, 2025.
FOR FURTHER INFORMATION CONTACT: Miranda Bourdeau, 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) 482-2021.
SUPPLEMENTARY INFORMATION:
Background
On April 14, 2022, Commerce published its Final Determination in
the less-than-fair value investigation of honey from Brazil.\1\ In its
Final Determination, Commerce found that Supermel: (1) failed to
provide requested source documentation; \2\ and (2) supplied cost of
production (COP) data that were irreconcilable to the information
supplied by its raw honey suppliers.\3\ Accordingly, Commerce found
that Supermel's COP data were unverifiable and that Supermel failed to
act to the best of its ability in responding to Commerce's requests for
information. Commerce declined to rely on Supermel's COP data for the
Final Determination and, instead, Commerce relied entirely on facts
otherwise available with adverse inferences (AFA) for assigning an
estimated dumping margin to Supermel.\4\ Because the only rate from the
Final Determination that was not zero, de minimis, or based entirely on
AFA was the rate calculated for another respondent, the rate calculated
for the other respondent was also assigned as the rate for all other
producers and exporters.\5\ Commerce subsequently published the AD
order on honey from Brazil.\6\
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\1\ See Raw Honey from Brazil: Final Determination of Sales at
Less Than Fair Value, 87 FR 22182 (April 14, 2022) (Final
Determination), and accompanying Issues and Decision Memorandum
(IDM).
\2\ See Final Determination IDM at 12-17.
\3\ Id. at 12-14.
\4\ See Final Determination, 87 FR at 22183.
\5\ Id.
\6\ See 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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Supermel appealed Commerce's Final Determination. On June 5, 2024,
the CIT remanded the Final Determination to Commerce, holding that the
discrepancies between Supermel's reported COP data and its suppliers'
COP data were: (1) relatively minor; (2) understandable given the
beekeepers' lack of recordkeeping; and (3) unnecessary for verifying
Supermel's COP information, given that copious information already
existed on the record that Commerce could have used to support relying
on Supermel's COP.\7\ The CIT remanded the Final Determination to
Commerce to reconsider, based on the existing record, its decision to
apply AFA to Supermel and to determine a new estimated dumping margin
for Supermel.\8\
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\7\ See Api[aacute]rio Diamante Comercial Exportadora Ltda. and
Api[aacute]rio Diamante Produ[ccedil][atilde]o e Comercial de Mel
Ltda. v. United States, Court No. 22-00185, Slip Op. 24-64 (CIT June
5, 2024) at 15-16.
\8\ Id. at 43.
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In its remand redetermination, issued in August 2024, Commerce
relied on the information already in existence on the record to support
Supermel's COP, and therefore Commerce calculated estimated weighted-
average dumping margins for Supermel and all other producers and/or
exporters rather than relying on AFA.\9\ The CIT sustained Commerce's
final redetermination.\10\
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\9\ See Final Results of Redetermination Pursuant to Court
Remand, Api[aacute]rio Diamante Comercial Exportadora Ltda. and
Api[aacute]rio Diamante Produ[ccedil][atilde]o e Comercial de Mel
Ltda. v. United States, Court No. 22-00185, Slip Op. 24-64 (CIT June
5, 2024), dated August 26, 2024.
\10\ See Api[aacute]rio Diamante Comercial Exportadora Ltda. and
Api[aacute]rio Diamante Produ[ccedil][atilde]o e Comercial de Mel
Ltda. v. United States, Court No. 22-00185, Slip Op. 25-10 (CIT
January 24, 2025).
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Timken Notice
In its decision in Timken,\11\ as clarified by Diamond
Sawblades,\12\ the Court of Appeals for the Federal Circuit held that,
pursuant to section 516A(c) and (e) of the Tariff Act of 1930, as
amended (the Act), Commerce must publish a notice of court decision
that is not ``in harmony'' with a Commerce determination and must
suspend liquidation of entries pending a ``conclusive'' court decision.
The CIT's January 24, 2025, judgment constitutes a final decision of
the CIT that is not in harmony with Commerce's Final Determination.
Thus, this notice is published in fulfillment of the publication
requirements of Timken.
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\11\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\12\ See Diamond Sawblades Manufacturers Coalition v. United
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Determination
Because there is now a final court judgment, Commerce is amending
its Final Determination with respect to Supermel and all other
producers and/or exporters as follows:
[[Page 9226]]
------------------------------------------------------------------------
Estimated weighted-
Exporter average dumping
margin (percent)
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Api[aacute]rio Diamante Comercial Exportadora Ltda/ 10.52
Api[aacute]rio Diamante Produ[ccedil][atilde]o e
Comercial de Mel Ltda (Supermel)...................
All Others.......................................... 9.38
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Amended AD Order
Pursuant to 735(c)(2) of the Act, Commerce shall ``issue an
antidumping duty order under section 736(a)'' of the Act when the final
determination is affirmative. As a result of this amended final
determination, Commerce is hereby amending the Order to revise the
estimated weighted-average dumping margins assigned to Supermel and
all-other producers and/or exporters of subject merchandise, as noted
above.
Cash Deposit Requirements
Because Supermel does not have a superseding cash deposit rate,
i.e., there have been no final results published in a subsequent
administrative review, and because of the change to the rate assigned
to all other producers and exporters of subject merchandise, Commerce
will issue revised cash deposit instructions to U.S. Customs and Border
Protection.
Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(c) and (e) and 777(i)(1) of the Act.
Dated: February 4, 2025.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2025-02416 Filed 2-7-25; 8:45 am]
BILLING CODE 3510-DS-P