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, 66526-66528 [2021-25596]
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66526
Federal Register / Vol. 86, No. 223 / Tuesday, November 23, 2021 / Notices
(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.
V. Application of Facts Available and Use of
Adverse Inferences
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
International Trade Commission
Notification
International Trade Administration
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
lotter on DSK11XQN23PROD with NOTICES1
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
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BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
[A–552–833]
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, then
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.
I. Summary
II. Background
III. Period of Investigation
IV. Affiliation and Single Entity Treatment
[FR Doc. 2021–25594 Filed 11–22–21; 8:45 am]
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
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.
AGENCY:
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:
DATES:
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
For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
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).
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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 https://access.trade.gov/public/
FRNoticesListLayout.aspx.
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.
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
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).
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice.
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
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Federal Register / Vol. 86, No. 223 / Tuesday, November 23, 2021 / Notices
66527
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
Producer
Exporter
Ban Me Thuot Honeybee Joint Stock Company ...........................
Daklak Honeybee Joint Stock Company .......................................
Dak Nguyen Hong Exploitation of Honey Company Limited TA ...
Nhieu Loc Company Limited .........................................................
Hoang Tri Honey Bee Company Limited .......................................
Viet Thanh Food Technology Development Investment Company
Limited.
Dongnai HoneyBee Corporation ....................................................
Saigon Bees Co., Ltd .....................................................................
Huong Rung Co., Ltd .....................................................................
Hai Phong Honeybee Company Limited .......................................
Bao Nguyen Honeybee Co., Ltd ....................................................
Southern Honey Bee Company LTD .............................................
Golden Bee Company Limited .......................................................
Than Hao Bees Company Limited ................................................
Daisy Honey Bee Joint Stock Company .......................................
Bee Honey Corporation of Ho Chi Minh City ................................
Phong Son Limited Company ........................................................
Hoa Viet Honey Bee Co., Ltd ........................................................
Vietnam-wide Entity .......................................................................
Ban Me Thuot Honeybee Joint Stock Company ..........................
Daklak Honeybee Joint Stock Company ......................................
Dak Nguyen Hong Exploitation of Honey Company Limited TA ..
Nhieu Loc Company Limited .........................................................
Hoang Tri Honey Bee Company Limited ......................................
Viet Thanh Food Technology Development Investment Company Limited.
Dongnai HoneyBee Corporation ...................................................
Saigon Bees Co., Ltd ....................................................................
Huong Rung Co., Ltd ....................................................................
Hai Phong Honeybee Company Limited ......................................
Bao Nguyen Honeybee Co., Ltd ...................................................
Southern Honey Bee Company LTD ............................................
Golden Bee Company Limited ......................................................
Than Hao Bees Company Limited ................................................
Daisy Honey Bee Joint Stock Company .......................................
Bee Honey Corporation of Ho Chi Minh City ...............................
Phong Son Limited Company .......................................................
Hoa Viet Honey Bee Co., Ltd .......................................................
Vietnam-wide Entity ......................................................................
Suspension of Liquidation
lotter on DSK11XQN23PROD with NOTICES1
Estimated
weightedaverage
dumping
margin
(percent)
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 weightedaverage 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 Vietnamwide entity; and (3) for all third-country
exporters of merchandise under
consideration not listed in the table
Economy Countries,’’ (April 5, 2005) (Policy
Bulletin 05.1), available on Commerce’s website at
https://enforcement.trade.gov/policy/bull05-1.pdf.
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18:09 Nov 22, 2021
Jkt 256001
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.
413.99
410.93
412.49
412.49
412.49
412.49
412.49
412.49
412.49
412.49
412.49
412.49
412.49
412.49
412.49
412.49
412.49
412.49
412.49
intend to take additional steps in lieu of
on-site 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
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.
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
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).
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
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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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18:09 Nov 22, 2021
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).
E:\FR\FM\23NON1.SGM
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Agencies
[Federal Register Volume 86, Number 223 (Tuesday, November 23, 2021)]
[Notices]
[Pages 66526-66528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25596]
-----------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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 https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
\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\
---------------------------------------------------------------------------
\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 https://enforcement.trade.gov/policy/bull05-1.pdf.
---------------------------------------------------------------------------
[[Page 66527]]
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
------------------------------------------------------------------------
Estimated
weighted-
average
Producer Exporter dumping
margin
(percent)
------------------------------------------------------------------------
Ban Me Thuot Honeybee Joint Stock Ban Me Thuot Honeybee 413.99
Company. Joint Stock Company.
Daklak Honeybee Joint Stock Company. Daklak Honeybee Joint 410.93
Stock Company.
Dak Nguyen Hong Exploitation of Dak Nguyen Hong 412.49
Honey Company Limited TA. Exploitation of Honey
Company Limited TA.
Nhieu Loc Company Limited........... Nhieu Loc Company 412.49
Limited.
Hoang Tri Honey Bee Company Limited. Hoang Tri Honey Bee 412.49
Company Limited.
Viet Thanh Food Technology Viet Thanh Food 412.49
Development Investment Company Technology
Limited. Development
Investment Company
Limited.
Dongnai HoneyBee Corporation........ Dongnai HoneyBee 412.49
Corporation.
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 412.49
Company Limited.
Bao Nguyen Honeybee Co., Ltd........ Bao Nguyen Honeybee 412.49
Co., Ltd.
Southern Honey Bee Company LTD...... Southern Honey Bee 412.49
Company LTD.
Golden Bee Company Limited.......... Golden Bee Company 412.49
Limited.
Than Hao Bees Company Limited....... Than Hao Bees Company 412.49
Limited.
Daisy Honey Bee Joint Stock Company. Daisy Honey Bee Joint 412.49
Stock Company.
Bee Honey Corporation of Ho Chi Minh Bee Honey Corporation 412.49
City. of Ho Chi Minh City.
Phong Son Limited Company........... Phong Son Limited 412.49
Company.
Hoa Viet Honey Bee Co., Ltd......... Hoa Viet Honey Bee 412.49
Co., Ltd.
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.
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\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).
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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
[[Page 66528]]
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.
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.
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\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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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