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]

Download as PDF Federal Register / Vol. 86, No. 223 / Tuesday, November 23, 2021 / Notices lotter on DSK11XQN23PROD with NOTICES1 within 140 days after the date on which Commerce initiated the investigation. However, section 733(c)(1) of the Act permits Commerce to postpone the preliminary determination until no later than 190 days after the date on which Commerce initiated the investigation if: (A) The petitioner 2 makes a timely request for a postponement; or (B) Commerce concludes that the parties concerned are cooperating, that the investigation is extraordinarily complicated, and that additional time is necessary to make a preliminary determination. Under 19 CFR 351.205(e), the petitioner must submit a request for postponement 25 days or more before the scheduled date of the preliminary determination and must state the reasons for the request. Commerce will grant the request unless it finds compelling reasons to deny the request. On October 26, 2021, the petitioner submitted timely requests that Commerce postpone the preliminary determinations in the LTFV investigations of UAN from Trinidad and Tobago and Russia.3 The petitioner requested postponement of these LTFV investigations so that Commerce could further develop the records and to allow interested parties to examine and comment on the records.4 For the reasons stated above, and because there are no compelling reasons to deny the requests, Commerce, in accordance with section 733(c)(1)(A) of the Act, is postponing the deadline for the preliminary determinations in the LTFV investigations of UAN from Trinidad and Tobago and Russia by 50 days (i.e., 190 days after the date on which these investigations were initiated). As a result, Commerce will issue its preliminary determinations in the LTFV investigations of UAN from Trinidad and Tobago and Russia no later than January 26, 2022. In accordance with section 735(a)(1) of the Act and 19 CFR 351.210(b)(1), the deadline for the final determinations in these investigations will continue to be 75 days after the date of the preliminary determinations, unless postponed at a later date. 2 The petitioner is CF Industries Nitrogen, LLC and its subsidiaries, Terra Nitrogen, Limited Partnership and Terra International (Oklahoma) LLC (collectively, the petitioner). 3 See Petitioner’s Letter, ‘‘Urea Ammonium Nitrate Solutions from the Russian Federation (A– 821–831): Petitioner’s Request for Postponement of Preliminary Determination,’’ dated October 26, 2021; see also Petitioner’s Letter, ‘‘Urea Ammonium Nitrate Solutions from the Republic of Trinidad and Tobago (A–274–808): Petitioner’s Request for Postponement of Preliminary Determination,’’ dated October 26, 2021. 4 Id. VerDate Sep<11>2014 18:09 Nov 22, 2021 Jkt 256001 Notification to Interested Parties This notice is issued and published pursuant to section 733(c)(2) of the Act and 19 CFR 351.205(f)(1). Dated: November 16, 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. [FR Doc. 2021–25457 Filed 11–22–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–357–823] 66531 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. Scope of the Investigation 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 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: 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 deadline is now November 17, 2021.2 For a complete description of the 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: PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 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. 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 weightedaverage dumping margin for Industrias Haedo S.A., and Compan˜ı´a Inversora Platense S.A, and partial AFA in calculating a weighted-average dumping margin for Asociacio´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. 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). 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 5 See Initiation Notice, 86 FR at 26897–8. E:\FR\FM\23NON1.SGM 23NON1 66532 Federal Register / Vol. 86, No. 223 / Tuesday, November 23, 2021 / Notices 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 Compan˜ı´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. 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 lotter on DSK11XQN23PROD with NOTICES1 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. 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 VerDate Sep<11>2014 18:09 Nov 22, 2021 Jkt 256001 Preliminary Determination Commerce preliminarily determines that the following estimated weightedaverage dumping margins exist: Exporter/producer Asociacio´n De Cooperativas Argentinas Cooperativa Limitada NEXCO S.A ................................ Industrias Haedo S.A ................. Compan˜´ıa Inversora Platense S.A .......................................... All Others .................................... Disclosure Commerce intends to disclose to Estimated weighted- interested parties its calculations and analysis performed in connection with average dumping this preliminary determination within margin five days of any public announcement (percent) or, if there is no public announcement, within five days of the date of 24.28 publication of this notice in accordance 7.84 with 19 CFR 351.224(b). 49.44 49.44 16.06 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 allothers rate, as follows: (1) The cash deposit rate for the respondents listed above will be equal to the companyspecific 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 weightedaverage 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 the examined respondents; and (C) a weightedaverage 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 ChangedCircumstances 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 AllOthers,’’ dated November 19, 2021. PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 margin. These suspension of liquidation instructions will remain in effect until further notice. 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 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. 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 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). E:\FR\FM\23NON1.SGM 23NON1 lotter on DSK11XQN23PROD with NOTICES1 Federal Register / Vol. 86, No. 223 / Tuesday, November 23, 2021 / Notices 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. International Trade Commission Notification Postponement of Final Determination and Extension of Provisional Measures Notification to Interested Parties 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. 13 See ACA and NEXCO’s Letter, ‘‘Raw Honey from Argentina, Case No. A–357–823: Asociacio´n de Cooperativas Argentinas C.L. and NEXCO S.A.’s Request to Postpone Final Determination,’’ dated November 9, 2021. VerDate Sep<11>2014 18:09 Nov 22, 2021 Jkt 256001 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. 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 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 66533 DEPARTMENT OF COMMERCE International Trade Administration [A–351–857] Raw Honey From Brazil: 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 Brazil 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: Justin Neuman or Genevieve Coen, 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) 482–0486 or (202) 482–3251, 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 via Enforcement and Compliance’s 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 Brazil,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). E:\FR\FM\23NON1.SGM 23NON1

Agencies

[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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    \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
------------------------------------------------------------------------

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