Raw Honey From Argentina: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, Postponement of Final Determination, and Extension of Provisional Measures, 66531-66533 [2021-25597]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 86, Number 223 (Tuesday, November 23, 2021)]
[Notices]
[Pages 66531-66533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25597]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-357-823]


Raw Honey From Argentina: Preliminary Affirmative Determination 
of Sales at Less Than Fair Value, Preliminary Affirmative 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 Argentina is being, or is likely to be, sold in the 
United States at less than fair value (LTFV). 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: Eva Kim or Thomas Martin, 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) 482-8283 or (202) 482-3936, 
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 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 
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.
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    \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 
Affirmative Determination in the Less-Than-Fair-Value Investigation 
of Raw Honey from Argentina,'' dated concurrently with, and hereby 
adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Investigation

    The product covered by this investigation is raw honey from 
Argentina. 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 
parties submitted comments on the scope of this investigation.
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    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice, 86 FR at 26897-8.
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Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Commerce has calculated constructed export 
prices in accordance with section 772(b) of the Act. Normal value is 
calculated in accordance with section 773 of the Act. In addition, 
Commerce has relied on facts available with an adverse inference (AFA) 
in determining a weighted-average dumping margin for Industrias Haedo 
S.A., and Compa[ntilde][iacute]a Inversora Platense S.A, and partial 
AFA in calculating a weighted-average dumping margin for 
Asociaci[oacute]n De Cooperativas Argentinas Cooperativa Limitada 
(ACA), under sections 776(a) and (b) of the Act. For a full description 
of the methodology underlying the preliminary determination, see the 
Preliminary Decision Memorandum.

[[Page 66532]]

Preliminary Affirmative Determination of Critical Circumstances

    On October 21, 2021, the petitioners \6\ timely filed a critical 
circumstances allegation, pursuant to section 733(e)(1) of the Act and 
19 CFR 351.206(c)(1), alleging that critical circumstances exist with 
respect to imports of raw honey from Argentina.\7\ In accordance with 
section 733(e) of the Act and 19 CFR 351.206, Commerce preliminarily 
determines that critical circumstances exist with respect to imports of 
raw honey from Argentina produced and exported by ACA, Industrias Haedo 
S.A., and Compa[ntilde][iacute]a Inversora Platense S.A.\8\. 
Furthermore, we preliminarily determine that critical circumstances 
exist with respect to imports of raw honey from Argentina produced and 
exported by all other producers and exporters.\9\ For a full 
description of Commerce's preliminary critical circumstances 
determination, see the Preliminary Decision Memorandum.
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    \6\ The petitioners are the American Honey Producers Association 
and the Sioux Honey Association.
    \7\ See Petitioners' Letter, ``Less-Than-Fair-Value 
Investigation of Raw Honey from Argentina, Brazil, and India--
Petitioners' Allegations of Critical Circumstances,'' dated October 
21, 2021; see also Petitioner's Letter, ``Less-Than-Fair-Value 
Investigation of Raw Honey from Argentina, Brazil, and India--
Petitioners' Response to Request for Information Pertaining to 
Allegations of Critical Circumstances,'' dated November 5, 2021.
    \8\ See Preliminary Decision Memorandum.
    \9\ Id.
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All-Others Rate

    Sections 733(d)(1)(A)(ii) and 735(c)(5)(A) of the Act provide that 
in the preliminary determination Commerce shall determine an estimated 
all-others rate for all exporters and producers not individually 
examined. This rate shall normally 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 preliminarily calculated individual 
estimated weighted-average dumping margins for ACA and NEXCO that are 
not zero, de minimis, or based entirely on facts otherwise available. 
Commerce calculated the all-others rate using a simple average of the 
estimated weighted-average dumping margins calculated for ACA and 
NEXCO.\10\
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    \10\ With more than one respondent 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 was 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, ``Less Than Fair 
Value Investigation of Raw Honey from Argentina: Preliminary 
Determination Calculation for the All-Others,'' dated November 19, 
2021.
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Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Asociaci[oacute]n De Cooperativas Argentinas Cooperativa           24.28
 Limitada...................................................
NEXCO S.A...................................................        7.84
Industrias Haedo S.A........................................       49.44
Compa[ntilde][iacute]a Inversora Platense S.A...............       49.44
All Others..................................................       16.06
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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 to interested parties its calculations 
and analysis performed in connection with 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 on non-scope issues may be 
submitted to the Assistant Secretary for Enforcement and Compliance. 
Interested parties will be notified of the timeline for the submission 
of such case briefs and written comments 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 briefs.\11\ Note 
that Commerce has temporarily modified certain of its requirements for 
serving documents containing business proprietary information until 
further notice.\12\ 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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    \11\ See 19 CFR 351.309(d); see also 19 CFR 351.303 (for general 
filing requirements).
    \12\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-10; 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

[[Page 66533]]

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 November 9, 2021, pursuant to 19 CFR 351.210(e), ACA and NEXCO 
requested that Commerce postpone the final determination and that 
provisional measures be extended to a period not to exceed six 
months.\13\ 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, pursuant to section 
735(a)(2) of the Act.
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    \13\ See ACA and NEXCO's Letter, ``Raw Honey from Argentina, 
Case No. A-357-823: Asociaci[oacute]n de Cooperativas Argentinas 
C.L. and NEXCO S.A.'s Request to Postpone 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 affirmative 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.

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) and 19 
CFR 351.210(g).

    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. Application of Facts Available and Use of Adverse Facts 
Available
V. Critical Circumstances
VI. Discussion of the Methodology
VII. Particular Market Situation
VIII. Currency Conversion
IX. Recommendation

[FR Doc. 2021-25597 Filed 11-22-21; 8:45 am]
BILLING CODE 3510-DS-P