Raw Honey from India: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Negative Determination of Critical Circumstances, Postponement of Final Determination, and Extension of Provisional Measures, 66528-66530 [2021-25593]
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Federal Register / Vol. 86, No. 223 / Tuesday, November 23, 2021 / Notices
Commerce, within 30 days after the date
of publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, Commerce
intends to hold the hearing at a time and
date to be determined. Parties should
confirm by telephone the date and time
of the hearing two days before the
scheduled date of the hearing.
lotter on DSK11XQN23PROD with NOTICES1
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.
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.
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Jkt 256001
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
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–903]
Raw Honey from India: Preliminary
Affirmative Determination of Sales at
Less Than Fair Value, Preliminary
Negative Determination of Critical
Circumstances, Postponement of Final
Determination, and Extension of
Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that raw honey from India is being, or
is likely to be, sold in the United States
at less than fair value. The period of
investigation is April 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:
Brittany Bauer or Benito Ballesteros,
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) 482–7425, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this 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 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
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).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Raw Honey from India,’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
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Federal Register / Vol. 86, No. 223 / Tuesday, November 23, 2021 / Notices
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.
Scope of the Investigation
The product covered by this
investigation is raw honey from India.
For a complete 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
party commented on the scope of the
investigation as it appeared in the
Initiation Notice. Therefore, Commerce
is not preliminarily modifying the scope
language as it appeared in the Initiation
Notice. See the scope in Appendix I to
this 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. Normal
value is calculated in accordance with
section 773 of the Act. For a full
description of the methodology
underlying the preliminary
determination, see the Preliminary
Decision Memorandum.
lotter on DSK11XQN23PROD with NOTICES1
Preliminary Negative Determination of
Critical Circumstances
In accordance with section 733(e) of
the Act and 19 CFR 351.206, Commerce
preliminarily finds that critical
circumstances do not exist for Allied
Natural Product (Allied), Ambrosia
Natural Products India Private Limited
(Ambrosia), or all other exporters. For a
full description of the methodology and
results of Commerce’s critical
circumstances analysis, see the
Preliminary Decision Memorandum.
All-Others Rate
Section 733(d)(1)(A)(ii) of the Act
provides that in the preliminary
determination Commerce shall
determine an estimated all-others rate
for all exporters and producers not
individually examined. Pursuant to
section 735(c)(5)(A) of the Act, this rate
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice.
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Jkt 256001
shall be 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 under
section 776 of the Act.
In this investigation, Commerce
calculated estimated weighted-average
dumping margins for Allied and
Ambrosia that are not zero, de minimis,
or based entirely on facts otherwise
available. Commerce calculated the allothers rate using a weighted average of
the estimated weighted-average
dumping margins calculated for the
examined respondents using each
company’s publicly-ranged values for
the merchandise under consideration.6
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
Exporter/producer
Allied Natural Product .................
Ambrosia Natural Products India
Private Limited ........................
All Others ....................................
Estimated
weightedaverage
dumping
margin
(percent)
6 With two respondents under examination,
Commerce normally calculates (A) a weightedaverage of the estimated weighted-average dumping
margins calculated for the examined respondents;
(B) a simple average of the estimated weightedaverage dumping margins calculated for the
examined respondents; and (C) a weighted-average
of the estimated weighted-average dumping margins
calculated for the examined respondents using each
company’s publicly-ranged U.S. sale values for the
merchandise under consideration. Commerce then
compares (B) and (C) to (A) and selects the rate
closest to (A) as the most appropriate rate for all
other producers and exporters. See Ball Bearings
and Parts Thereof from France, Germany, Italy,
Japan, and the United Kingdom: Final Results of
Antidumping Duty Administrative Reviews, Final
Results of Changed-Circumstances Review, and
Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010). As complete publicly-ranged
sales data were available, Commerce based the allothers rate on the publicly ranged sales data of the
mandatory respondents. For a complete analysis of
the data, see Memorandum, ‘‘Calculation of AllOthers Rate,’’ dated concurrently with, and hereby
adopted by, this notice.
Frm 00015
Fmt 4703
Sfmt 4703
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
estimated weighted-average dumping
margin or the estimated all-others rate,
as follows: (1) The cash deposit rate for
the respondents listed above will be
equal to the company-specific estimated
weighted-average dumping margins
determined in this preliminary
determination; (2) if the exporter is not
a respondent identified above, but the
producer is, then the cash deposit rate
will be equal to the company-specific
estimated weighted-average dumping
margin established for that producer of
the subject merchandise; and (3) the
cash deposit rate for all other producers
and exporters will be equal to the allothers estimated weighted-average
dumping margin.
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
6.24 determination within five days of any
public announcement or, if there is no
6.72 public announcement, within five days
6.48 of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
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.
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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 onsite 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 verify the information relied
upon in making the final determination
through alternative means in lieu of an
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 will be notified to interested
parties at a later date. Rebuttal briefs,
limited to issues raised in case briefs,
may be submitted no later than seven
days after the deadline date for case
E:\FR\FM\23NON1.SGM
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66530
Federal Register / Vol. 86, No. 223 / Tuesday, November 23, 2021 / Notices
briefs.7 Note that Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.8
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.
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 the party’s name,
address, and telephone number, the
number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, Commerce
intends to hold the hearing at a time and
date to be determined. Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date.
exceed six months.9 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 exporter
accounts 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.
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 October 27, 2021, pursuant to 19
CFR 351.210(e), Allied requested that
Commerce postpone the final
determination and that provisional
measures be extended to a period not to
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).
7 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
8 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).
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Jkt 256001
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 are materially injuring, or
threaten material injury to, the U.S.
industry.
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.
Excluded 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
9 See Allied’s Letter, ‘‘Request to Extend Final
Determination,’’ dated October 27, 2021.
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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. Particular Market Situation
V. Discussion of the Methodology
VI. Negative Preliminary Determination of
Critical Circumstances
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2021–25593 Filed 11–22–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–274–808, A–821–831]
Urea Ammonium Nitrate Solutions
From the Republic of Trinidad and
Tobago and the Russian Federation:
Postponement of Preliminary
Determinations in the Less-Than-FairValue Investigations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable November 23, 2021.
FOR FURTHER INFORMATION CONTACT: Lilit
Astvatsatrian at (202) 482–6412 (the
Republic of Trinidad and Tobago
(Trinidad and Tobago)); or Krisha Hill at
(202) 482–4037 or Drew Jackson at (202)
482–4406 (the Russian Federation
(Russia)); AD/CVD Operations,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On July 20, 2021, the Department of
Commerce (Commerce) initiated lessthan-fair-value (LTFV) investigations of
imports of urea ammonium nitrate
solutions (UAN) from Trinidad and
Tobago and Russia.1 Currently, the
preliminary determinations are due no
later than December 7, 2021.
Postponement of Preliminary
Determinations
Section 733(b)(1)(A) of the Tariff Act
of 1930, as amended (the Act), requires
Commerce to issue the preliminary
determination in an LTFV investigation
1 See Urea Ammonium Nitrate Solutions from the
Russian Federation and the Republic of Trinidad
and Tobago: Initiation of Less-Than-Fair-Value
Investigations, 86 FR 40008 (July 26, 2021).
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]]>Agencies
[Federal Register Volume 86, Number 223 (Tuesday, November 23, 2021)]
[Notices]
[Pages 66528-66530]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25593]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-903]
Raw Honey from India: Preliminary Affirmative Determination of
Sales at Less Than Fair Value, Preliminary Negative Determination of
Critical Circumstances, 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 India is being, or is likely to be, sold in the
United States at less than fair value. The period of investigation is
April 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: Brittany Bauer or Benito Ballesteros,
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)
482-7425, 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
published the notice of initiation of this 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\ 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
[[Page 66529]]
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.
---------------------------------------------------------------------------
\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).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of Raw Honey
from India,'' 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 India.
For a complete 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 party
commented on the scope of the investigation as it appeared in the
Initiation Notice. Therefore, Commerce is not preliminarily modifying
the scope language as it appeared in the Initiation Notice. See the
scope in Appendix I to this notice.
---------------------------------------------------------------------------
\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. Normal value is calculated
in accordance with section 773 of the Act. For a full description of
the methodology underlying the preliminary determination, see the
Preliminary Decision Memorandum.
Preliminary Negative Determination of Critical Circumstances
In accordance with section 733(e) of the Act and 19 CFR 351.206,
Commerce preliminarily finds that critical circumstances do not exist
for Allied Natural Product (Allied), Ambrosia Natural Products India
Private Limited (Ambrosia), or all other exporters. For a full
description of the methodology and results of Commerce's critical
circumstances analysis, see the Preliminary Decision Memorandum.
All-Others Rate
Section 733(d)(1)(A)(ii) of the Act provides that in the
preliminary determination Commerce shall determine an estimated all-
others rate for all exporters and producers not individually examined.
Pursuant to section 735(c)(5)(A) of the Act, this rate shall be 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 under section 776 of the Act.
In this investigation, Commerce calculated estimated weighted-
average dumping margins for Allied and Ambrosia that are not zero, de
minimis, or based entirely on facts otherwise available. Commerce
calculated the all-others rate using a weighted average of the
estimated weighted-average dumping margins calculated for the examined
respondents using each company's publicly-ranged values for the
merchandise under consideration.\6\
---------------------------------------------------------------------------
\6\ With two respondents under examination, Commerce normally
calculates (A) a weighted-average of the estimated weighted-average
dumping margins calculated for the examined respondents; (B) a
simple average of the estimated weighted-average dumping margins
calculated for the examined respondents; and (C) a weighted-average
of the estimated weighted-average dumping margins calculated for the
examined respondents using each company's publicly-ranged U.S. sale
values for the merchandise under consideration. Commerce then
compares (B) and (C) to (A) and selects the rate closest to (A) as
the most appropriate rate for all other producers and exporters. See
Ball Bearings and Parts Thereof from France, Germany, Italy, Japan,
and the United Kingdom: Final Results of Antidumping Duty
Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010). As complete publicly-ranged sales data were
available, Commerce based the all-others rate on the publicly ranged
sales data of the mandatory respondents. For a complete analysis of
the data, see Memorandum, ``Calculation of All-Others Rate,'' dated
concurrently with, and hereby adopted by, this notice.
---------------------------------------------------------------------------
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Allied Natural Product...................................... 6.24
Ambrosia Natural Products India Private Limited............. 6.72
All Others.................................................. 6.48
------------------------------------------------------------------------
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.
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 estimated weighted-average dumping margin or the estimated all-
others rate, as follows: (1) The cash deposit rate for the respondents
listed above will be equal to the company-specific estimated weighted-
average dumping margins determined in this preliminary determination;
(2) if the exporter is not a respondent identified above, but the
producer is, then the cash deposit rate will be equal to the company-
specific estimated weighted-average dumping margin established for that
producer of the subject merchandise; and (3) the cash deposit rate for
all other producers and exporters will be equal to the all-others
estimated weighted-average dumping margin.
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
verify the information relied upon in making the final determination
through alternative means in lieu of an 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 will be notified to
interested parties at a later date. Rebuttal briefs, limited to issues
raised in case briefs, may be submitted no later than seven days after
the deadline date for case
[[Page 66530]]
briefs.\7\ Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\8\ 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.
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\7\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\8\ 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).
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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
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
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 October 27, 2021, pursuant to 19 CFR 351.210(e), Allied
requested that Commerce postpone the final determination and that
provisional measures be extended to a period not to exceed six
months.\9\ 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 exporter accounts 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.
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\9\ See Allied's Letter, ``Request to Extend Final
Determination,'' dated October 27, 2021.
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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 are materially injuring, 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.
Excluded 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. Particular Market Situation
V. Discussion of the Methodology
VI. Negative Preliminary Determination of Critical Circumstances
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2021-25593 Filed 11-22-21; 8:45 am]
BILLING CODE 3510-DS-P
