86 FR 223 pgs. 66526-66528 - Raw Honey From the Socialist Republic of Vietnam: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures
Type: NOTICEVolume: 86Number: 223Pages: 66526 - 66528
Pages: 66526, 66527, 66528Docket number: [A-552-833]
FR document: [FR Doc. 2021-25596 Filed 11-22-21; 8:45 am]
Agency: Commerce Department
Sub Agency: International Trade Administration
Official PDF Version: PDF Version
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-833]
Raw Honey From the Socialist Republic of Vietnam: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures
AGENCY:
Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY:
The Department of Commerce (Commerce) preliminarily determines that raw honey from the Socialist Republic of Vietnam (Vietnam) is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation is October 1, 2020, through March 31, 2021. Interested parties are invited to comment on this preliminary determination.
DATES:
Applicable November 23, 2021.
FOR FURTHER INFORMATION CONTACT:
Jonathan Hill or Paola Aleman Ordaz, 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) 482-3518 or (202) 482-4031, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as amended (the Act). Commerce initiated this LTFV investigation on May 18, 2021. 1 On August 26, 2021, Commerce postponed the preliminary determination of this investigation and the revised deadline is now November 17, 2021. 2
Footnotes:
1 ? See Raw Honey from Argentina, Brazil, India, Ukraine, and the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-Value Investigations, 86 FR 26897 (May 18, 2021) ( Initiation Notice ).
2 ? See Raw Honey from Argentina, Brazil, India, Ukraine, and the Socialist Republic of Vietnam: Postponement of Preliminary Determinations in the Less-Than-Fair-Value Investigations, 86 FR 47624 (August 26, 2021).
For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum. 3 A list of topics included in the Preliminary Decision Memorandum is included as Appendix II 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 http://access.trade.gov/public/FRNoticesListLayout.aspx.
Footnotes:
3 ? See Memorandum, "Raw Honey from the Socialist Republic of Vietnam: Decision Memorandum for Preliminary Affirmative Determination of Sales at Less Than Fair Value," dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum).
Scope of the Investigation
The product covered by this investigation is raw honey from Vietnam. For a full description of the scope of this investigation, see Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations, 4 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage ( i.e., scope). 5 No interested parties submitted comments on the scope of this investigation.
Footnotes:
4 ? See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 ? See Initiation Notice.
Methodology
Commerce is conducting this investigation in accordance with section 731 of the Act. Commerce has calculated export prices in accordance with section 772(a) of the Act. Because Vietnam is a non-market economy, within the meaning of section 771(18) of the Act, Commerce has calculated normal value (NV) in accordance with section 773 of the Act.
For a full description of the methodology underlying the preliminary determination, see the Preliminary Decision Memorandum.
Combination Rates
In the Initiation Notice, 6 Commerce explained that it would calculate producer/exporter combination rates for the respondents that are eligible for a separate rate in this investigation. Policy Bulletin 05.1 describes this practice. 7
Footnotes:
6 ? See Initiation Notice, 86 FR at 26901.
7 ? See Enforcement and Compliance's Policy Bulletin No. 05.1, regarding, "Separate-Rates Practice and Application of Combination Rates in Antidumping Investigations involving Non-Market Economy Countries," (April 5, 2005) (Policy Bulletin 05.1), available on Commerce's website at http://enforcement.trade.gov/policy/bull05-1.pdf.
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Preliminary Determination
Commerce preliminarily determines that the following estimated weighted-average dumping margins exist:
| Producer | Exporter | Estimated weighted- average dumping margin (percent) |
|---|---|---|
| Ban Me Thuot Honeybee Joint Stock Company | Ban Me Thuot Honeybee Joint Stock Company | 413.99 |
| Daklak Honeybee Joint Stock Company | Daklak Honeybee Joint Stock Company | 410.93 |
| Dak Nguyen Hong Exploitation of Honey Company Limited TA | Dak Nguyen Hong Exploitation of Honey Company Limited TA | 412.49 |
| Nhieu Loc Company Limited | Nhieu Loc Company Limited | 412.49 |
| Hoang Tri Honey Bee Company Limited | Hoang Tri Honey Bee Company Limited | 412.49 |
| Viet Thanh Food Technology Development Investment Company Limited | Viet Thanh Food Technology Development Investment Company Limited | 412.49 |
| Dongnai HoneyBee Corporation | Dongnai HoneyBee Corporation | 412.49 |
| Saigon Bees Co., Ltd | Saigon Bees Co., Ltd | 412.49 |
| Huong Rung Co., Ltd | Huong Rung Co., Ltd | 412.49 |
| Hai Phong Honeybee Company Limited | Hai Phong Honeybee Company Limited | 412.49 |
| Bao Nguyen Honeybee Co., Ltd | Bao Nguyen Honeybee Co., Ltd | 412.49 |
| Southern Honey Bee Company LTD | Southern Honey Bee Company LTD | 412.49 |
| Golden Bee Company Limited | Golden Bee Company Limited | 412.49 |
| Than Hao Bees Company Limited | Than Hao Bees Company Limited | 412.49 |
| Daisy Honey Bee Joint Stock Company | Daisy Honey Bee Joint Stock Company | 412.49 |
| Bee Honey Corporation of Ho Chi Minh City | Bee Honey Corporation of Ho Chi Minh City | 412.49 |
| Phong Son Limited Company | Phong Son Limited Company | 412.49 |
| Hoa Viet Honey Bee Co., Ltd | Hoa Viet Honey Bee Co., Ltd | 412.49 |
| Vietnam-wide Entity | Vietnam-wide Entity | 412.49 |
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise, as described in Appendix I, entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register , as discussed below. Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit equal to the weighted average amount by which NV exceeds U.S. price, as indicated in the table above as follows: (1) For the producer/exporter combinations listed in the table above, the cash deposit rate is equal to the estimated weighted-average dumping margin listed for that combination in the table; (2) for all combinations of Vietnam producers/exporters of merchandise under consideration that have not established eligibility for their own separate rates, the cash deposit rate will be equal to the estimated weighted-average dumping margin established for the Vietnam-wide entity; and (3) for all third-country exporters of merchandise under consideration not listed in the table above, the cash deposit rate is the cash deposit rate applicable to the Vietnam producer/exporter combination (or the Vietnam-wide entity) that supplied that third-country exporter. These suspension of liquidation instructions will remain in effect until further notice.
Disclosure
Commerce intends to disclose its calculations and analysis performed to interested parties in this preliminary determination 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)(1) of the Act, Commerce intends to verify the information relied upon in making its final determination. Normally, Commerce verifies information using standard procedures, including an on-site examination of original accounting, financial, and sales documentation. However, due to current travel restrictions in response to the global COVID-19 pandemic, Commerce is unable to conduct on-site verification in this investigation. Accordingly, we intend to take additional steps in lieu of on-site verification.
Public Comment
Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance. A timeline for the submission of case briefs and written comments on non-scope issues will be announced at a later date. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than seven days after the deadline for case briefs. 8 Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice. 9 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this investigation are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.
Footnotes:
8 ? See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements).
9 ? See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-19, 85 FR 17006 (March 26, 2020); and Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10, 2020).
[top] 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
Postponement of Final Determination and Extension of Provisional Measures
Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioner. Section 351.210(e)(2) of Commerce's regulations requires that a request by exporters for postponement of the final determination be accompanied by a request for extension of provisional measures from a four-month period to a period not more than six months in duration.
On November 9, 2021, pursuant to 19 CFR 351.210(e), the petitioners and Ban Me Thuot requested that Commerce postpone the final determination and that provisional measures be extended to a period not to exceed six months. 10 In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because: (1) The preliminary determination is affirmative; (2) the requesting exporters account for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, Commerce is postponing the final determination and extending the provisional measures from a four-month period to a period not greater than six months. Accordingly, Commerce will make its final determination no later than 135 days after the date of publication of this preliminary determination.
Footnotes:
10 ? See Petitioners' Letter, "Raw Honey from Argentina, Brazil, India, Ukraine, and Vietnam-Petitioners' Request for Postponement of the Final Determination," dated November 9, 2021; see also Ban Me Thuot's Letter, "Raw Honey from the Socialist Republic of Vietnam-Request to Extend Final Determination," dated November 9, 2021.
International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify the International Trade Commission (ITC) of its preliminary determination. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether these imports materially injure, or threaten material injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c).
Dated: November 17, 2021.
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-Scope of the Investigation
The merchandise covered by this investigation is raw honey. Raw honey is honey as it exists in the beehive or as obtained by extraction, settling, and skimming, or coarse straining. Raw honey has not been filtered to a level that results in the removal of most or all of the pollen, e.g., a level that removes pollen to below 25 microns. The subject products include all grades, floral sources and colors of raw honey and also include organic raw honey.
Exclude from the scope is any honey that is packaged for retail sale ( e.g., in bottles or other retail containers of five (5) lbs. or less).
The merchandise subject to this investigation is currently classifiable under statistical subheading 0409.00.0005, 0409.00.0035, 0409.00.0045, 0409.00.0056, and 0409.00.0065 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this investigation is dispositive.
Appendix II-List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2021-25596 Filed 11-22-21; 8:45 am]
BILLING CODE 3510-DS-P