Raw Honey From the Socialist Republic of Vietnam: Initiation of Antidumping Duty Changed Circumstances Review, 74152-74153 [2023-23849]

Download as PDF 74152 Federal Register / Vol. 88, No. 208 / Monday, October 30, 2023 / Notices Consistent with the approach in the prior circumvention inquiries that were initiated on a country-wide basis, Commerce intends to issue questionnaires to solicit information from producers and exporters in Mexico, concerning their shipments to the United States and the origin of any imported HFC blends being further processed into HFC blends subject to the Order. Respondent Selection Commerce intends to base respondent selection on U.S. Customs and Border and Protection (CBP) data. Commerce intends to place CBP data on the record within five days of the publication of the initiation notice. Comments regarding the CBP data and respondent selection should be submitted within seven days after placement of the CBP data on the record of this inquiry. Commerce intends to establish a schedule for questionnaire responses after respondent selection. A company’s failure to completely respond to Commerce’s requests for information may result in the application of partial or total facts available, pursuant to section 776(a) of the Act, which may include adverse inferences, pursuant to section 776(b) of the Act. khammond on DSKJM1Z7X2PROD with NOTICES Suspension of Liquidation Pursuant to 19 CFR 351.226(l)(1), Commerce will notify CBP of the initiation of this circumvention inquiry and direct CBP to continue the suspension of liquidation of entries of products subject to the circumvention inquiry that were already subject to the suspension of liquidation under the Order and to apply the cash deposit rate that would be applicable if the product was determined to be covered by the scope of the Order. Should Commerce issue a preliminary or final circumvention determination, Commerce will follow the suspension of liquidation rules under 19 CFR 351.226(l)(2)–(4). Notification to Interested Parties In accordance with 19 CFR 351.226(d) and section 781(a) of the Act, Commerce determines that the American HFC Coalition’s request for this circumvention inquiry satisfies the requirements of 19 CFR 351.226(c). Accordingly, Commerce is notifying all interested parties of the initiation of this circumvention inquiry to determine of China: Initiation of Anti-Circumvention Inquiries on the Antidumping Duty and Countervailing Duty Orders, 81 FR 79454, 79458 (November 14, 2016) (stating at initiation that Commerce would evaluate the extent to which a country-wide finding applicable to all exports might be warranted). VerDate Sep<11>2014 18:18 Oct 27, 2023 Jkt 262001 whether U.S. imports from Mexico of R– 410B that are completed in Mexico using Chinese components and then blended into in-scope R–410A in the United States are circumventing the Order. In addition, we included a description of the product that is the subject of this inquiry and an explanation of the reasons for Commerce’s decision to initiate this inquiry as provided above and in the accompanying Initiation Checklist. In accordance with 19 CFR 351.226(e)(1), Commerce intends to issue its preliminary determination no later than 150 days from the date of publication of the notice of initiation of this circumvention inquiry in the Federal Register. This notice is published in accordance with section 781(a) of the Act and 19 CFR 351.226(d)(1)(ii). Dated: October 23, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2023–23850 Filed 10–27–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–552–833] Raw Honey From the Socialist Republic of Vietnam: Initiation of Antidumping Duty Changed Circumstances Review Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) is initiating a changed circumstances review (CCR) of the antidumping duty (AD) order on raw honey from the Socialist Republic of Vietnam (Vietnam) to examine whether Vietnam remains a non-market economy (NME) country for purposes of the application of the AD law. DATES: Applicable October 30, 2023. FOR FURTHER INFORMATION CONTACT: Chien-Min Yang or Leah Wils-Owens, Office of Policy, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–5484 or (202) 482–4203, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On September 8, 2023, the Government of Vietnam (GOV) submitted a letter requesting that PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 Commerce conduct a review of Vietnam’s status as an NME country 1 within the context of a CCR of the AD order on raw honey from Vietnam.2 In the CCR Request, the GOV describes changes that have occurred in Vietnam in recent years as they relate to each of the statutory criteria Commerce uses to evaluate a country’s market economy status. Specifically, in the CCR Request, the GOV contends that the Vietnamese dong is transparently convertible into other foreign currencies based on market principles, fairness, and nondiscrimination.3 In the CCR Request, the GOV argues that bargaining between labor and management on wage rates in Vietnam is free, and that Vietnam now possesses a clear legal framework to ensure employees’ basic rights.4 With regard to foreign direct investment, the GOV states in the CCR Request that Vietnam has made improvements in the investment environment, stating that no differences exist in how foreign and domestic investors are treated.5 In the CCR Request, the GOV also provides information on the reduction of government ownership and control over the means of production in Vietnam and maintains that private sector development, state-owned enterprise restructuring and divestment, and land reform initiatives have all been taken.6 As to the allocation of resources and the government’s role in price and output decisions, the GOV states in the CCR Request that the GOV does not possess significant control over these areas.7 In the CCR Request, the GOV also identifies other factors that have been important to market-oriented reforms, including the establishment of a legal framework for bankruptcy, greater transparency in corporate governance, the launch of a legal framework for a state audit, a unified legal system, and diversified foreign economic relations.8 On October 6, 2023, the American Honey Producers Association and Sioux Honey Association (the petitioners) submitted comments in opposition to CCR Request.9 On October 17, 2023, the GOV submitted rebuttal comments in 1 See GOV’s Letter, ‘‘Request for Changed Circumstances Review,’’ dated September 8, 2023 (CCR Request). 2 See Raw Honey from Argentina, Brazil, India, and the Socialist Republic of Vietnam: Antidumping Duty Orders, 87 FR 35501 (June 10, 2023). 3 See CCR Request at 3. 4 Id. at 7–8. 5 Id. at 10–14. 6 Id. at 14–16. 7 Id. at 16–20. 8 Id. at 20–23. 9 See Petitioners’ Letter, ‘‘Petitioners’ Response to Vietnam’s Request for Market Economy Treatment,’’ dated October 6, 2023 (Petitioners’ Comments). E:\FR\FM\30OCN1.SGM 30OCN1 Federal Register / Vol. 88, No. 208 / Monday, October 30, 2023 / Notices response to the Petitioners’ Comments.10 On October 19, 2023, Commerce received comments from the following parties: the Southern Shrimp Alliance; 11 the Metal Grating Coalition; 12 Catfish Farmers of America (CFA) and America’s Catch, Inc., Alabama Catfish, LLC d/b/a Harvest Select Catfish, Inc., Consolidated Catfish Companies, LLC d/b/a Country Select Catfish, Delta Pride Catfish, Inc., Guidry’s Catfish, Inc., Heartland Catfish Company, Magnolia Processing, Inc. d/ b/a Pride of the Pond, and Simmons Farm Raised Catfish, Inc.; 13 the Coalition for Fair Trade in Hardwood Plywood; 14 and Wiley Rein, LLP.15 On October 20, 2023, the following parties submitted comments in opposition to GOV’s CCR Request: Steel Dynamics, Inc. (SDI), the American Shrimp Processors Association (ASPA), and the American Kitchen Cabinet Alliance (AKCA); 16 the Steel Manufacturers Association; 17 and the Coalition of American Millwork Producers.18 khammond on DSKJM1Z7X2PROD with NOTICES Initiation of Changed Circumstances Review Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended (the Act), when Commerce receives information concerning, or a request from an interested party for a review of, a final affirmative determination that resulted in an AD or countervailing duty order, which shows changed circumstances 10 See GOV’s Letter, ‘‘Responses to Petitioners’ Comments on Viet Nam’s Request for Market Economy Treatment,’’ dated October 17, 2023. 11 See Southern Shrimp Alliance’s Letter, ‘‘Comments in Response to Request for Market Economy Status,’’ dated October 19, 2023. 12 See Metal Grating Coalition’s Letter, ‘‘Response to the Government of the Socialist Republic of Vietnam’s Request for Changed Circumstances Review,’’ dated October 19, 2023. 13 See CFA et al.’s Letter, ‘‘Response to the Government of the Socialist Republic of Vietnam’s Request for Changed Circumstances Review,’’ dated October 19, 2023. 14 See Coalition for Fair Trade in Hardwood Plywood’s Letter, ‘‘Response to the Government of the Socialist Republic of Vietnam’s Request for Changed Circumstances Review,’’ dated October 19, 2023. 15 See Wiley Rein, LLP’s Letter, ‘‘Response to the Government of the Socialist Republic of Vietnam’s Request for Changed Circumstances Review,’’ dated October 19, 2023. 16 See SDI, ASPA, and AKCA’s Letter, ‘‘Response to Request for Changed Circumstances Review of the Antidumping Order on Raw Honey from the Socialist Republic of Vietnam,’’ dated October 20, 2023. 17 See Steel Manufacturer Association’s Letter, ‘‘Response to the Government of the Socialist Republic of Vietnam’s Requests for Changed Circumstances Review,’’ dated October 20, 2023. 18 See Coalition of American Millwork Producers’ Letter, ‘‘Response to the Government of the Socialist Republic of Vietnam’s Request for Changed Circumstances Review,’’ dated October 20, 2023. VerDate Sep<11>2014 18:18 Oct 27, 2023 Jkt 262001 74153 sufficient to warrant a review of such determination, Commerce shall conduct a review of the determination after publishing notice of the review in the Federal Register. Section 751(b)(4) of the Act provides that, in the absence of good cause, Commerce may not review final determinations regarding whether subject merchandise is being, or is likely to be, sold in the United States at less than its fair value, or whether or not a countervailable subsidy is being provided with respect to subject merchandise, less than 24 months after the date of publication of the notice of that determination. As the GOV submitted substantial information on the reforms to the Vietnamese economy that are relevant to the six statutory factors Commerce reviews as part of its analysis on market economy status, and that have occurred since Commerce last reviewed Vietnam’s market economy status in 2002,19 Commerce determines that good cause exists to review Vietnam’s status as an NME country at this time within the meaning of 19 CFR 351.216(c). Section 771(18)(C)(ii) of the Act, which states that Commerce may make determinations of a country’s NME status at any time, further grants Commerce the authority to initiate this NME review. Therefore, in response to this request, Commerce is initiating a CCR to examine whether Vietnam remains an NME country for purposes of the AD law, in accordance with sections 751(b) and 771(18)(C)(ii) of the Act. (v) the extent of government control over the allocation of resources and over the price and output decisions of enterprises; and (vi) such other factors as the administering authority considers appropriate. The deadline for the submission of comments is not later than 30 days after the date of publication of this notice. Rebuttal comments, limited to issues raised in parties’ affirmative comments, may be filed not later than 14 days after the date for filing affirmative comments. Interested parties must submit comments and factual information at the Federal eRulemaking Portal: https:// www.Regulations.gov. The identification number is ITA–2023–0010. An electronically filed document must be received successfully in its entirety by 5:00 p.m. Eastern Time on the due date set forth in this notice. Parties may request a hearing in their comments. If Commerce determines that a hearing is warranted, parties will be notified of the date, time, and room number for the hearing, in accordance with 19 CFR 351.310(d). Unless extended, consistent with 19 CFR 351.216(e), we will issue the final results of this CCR no later than 270 days after the date on which this review was initiated. Opportunity for Public Comment and Submission of Factual Information As part of this inquiry in which we are reviewing Vietnam’s NME country status, Commerce invites public comments with respect to Vietnam on the following factors enumerated by section 771(18)(B) of the Act, which Commerce must consider in making an ME/NME determination: (i) the extent to which the currency of the foreign country is convertible into the currency of other countries; (ii) the extent to which wage rates in the foreign country are determined by free bargaining between labor and management; (iii) the extent to which joint ventures or other investments by firms of other foreign countries are permitted in the foreign country; (iv) the extent of government ownership or control of the means of production; Dated: October 23, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. 19 See Notice of Final Antidumping Duty Determination of Sales at Less Than Fair Value and Affirmative Critical Circumstances: Certain Frozen Fish Fillets from the Socialist Republic of Vietnam, 68 FR 37116 (June 23, 2003). PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 Notification to Interested Parties This notice is issued and published in accordance with sections 751(b) and 771(18)(C)(ii) of the Act. [FR Doc. 2023–23849 Filed 10–27–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–533–900] Granular Polytetrafluoroethylene Resin From India: Notice of Court Decision Not in Harmony With the Final Determination of Countervailing Duty Investigation; Notice of Amended Final Determination and Amended Countervailing Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On October 13, 2023, the U.S. Court of International Trade (CIT) issued its final judgment in Gujarat Fluorochemicals Limited v. United States, Court No. 22–00120, sustaining AGENCY: E:\FR\FM\30OCN1.SGM 30OCN1

Agencies

[Federal Register Volume 88, Number 208 (Monday, October 30, 2023)]
[Notices]
[Pages 74152-74153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23849]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-833]


Raw Honey From the Socialist Republic of Vietnam: Initiation of 
Antidumping Duty Changed Circumstances Review

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) is initiating a 
changed circumstances review (CCR) of the antidumping duty (AD) order 
on raw honey from the Socialist Republic of Vietnam (Vietnam) to 
examine whether Vietnam remains a non-market economy (NME) country for 
purposes of the application of the AD law.

DATES: Applicable October 30, 2023.

FOR FURTHER INFORMATION CONTACT: Chien-Min Yang or Leah Wils-Owens, 
Office of Policy, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-5484 or (202) 482-4203, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On September 8, 2023, the Government of Vietnam (GOV) submitted a 
letter requesting that Commerce conduct a review of Vietnam's status as 
an NME country \1\ within the context of a CCR of the AD order on raw 
honey from Vietnam.\2\ In the CCR Request, the GOV describes changes 
that have occurred in Vietnam in recent years as they relate to each of 
the statutory criteria Commerce uses to evaluate a country's market 
economy status. Specifically, in the CCR Request, the GOV contends that 
the Vietnamese dong is transparently convertible into other foreign 
currencies based on market principles, fairness, and non-
discrimination.\3\ In the CCR Request, the GOV argues that bargaining 
between labor and management on wage rates in Vietnam is free, and that 
Vietnam now possesses a clear legal framework to ensure employees' 
basic rights.\4\ With regard to foreign direct investment, the GOV 
states in the CCR Request that Vietnam has made improvements in the 
investment environment, stating that no differences exist in how 
foreign and domestic investors are treated.\5\ In the CCR Request, the 
GOV also provides information on the reduction of government ownership 
and control over the means of production in Vietnam and maintains that 
private sector development, state-owned enterprise restructuring and 
divestment, and land reform initiatives have all been taken.\6\ As to 
the allocation of resources and the government's role in price and 
output decisions, the GOV states in the CCR Request that the GOV does 
not possess significant control over these areas.\7\ In the CCR 
Request, the GOV also identifies other factors that have been important 
to market-oriented reforms, including the establishment of a legal 
framework for bankruptcy, greater transparency in corporate governance, 
the launch of a legal framework for a state audit, a unified legal 
system, and diversified foreign economic relations.\8\
---------------------------------------------------------------------------

    \1\ See GOV's Letter, ``Request for Changed Circumstances 
Review,'' dated September 8, 2023 (CCR Request).
    \2\ See Raw Honey from Argentina, Brazil, India, and the 
Socialist Republic of Vietnam: Antidumping Duty Orders, 87 FR 35501 
(June 10, 2023).
    \3\ See CCR Request at 3.
    \4\ Id. at 7-8.
    \5\ Id. at 10-14.
    \6\ Id. at 14-16.
    \7\ Id. at 16-20.
    \8\ Id. at 20-23.
---------------------------------------------------------------------------

    On October 6, 2023, the American Honey Producers Association and 
Sioux Honey Association (the petitioners) submitted comments in 
opposition to CCR Request.\9\ On October 17, 2023, the GOV submitted 
rebuttal comments in

[[Page 74153]]

response to the Petitioners' Comments.\10\ On October 19, 2023, 
Commerce received comments from the following parties: the Southern 
Shrimp Alliance; \11\ the Metal Grating Coalition; \12\ Catfish Farmers 
of America (CFA) and America's Catch, Inc., Alabama Catfish, LLC d/b/a 
Harvest Select Catfish, Inc., Consolidated Catfish Companies, LLC d/b/a 
Country Select Catfish, Delta Pride Catfish, Inc., Guidry's Catfish, 
Inc., Heartland Catfish Company, Magnolia Processing, Inc. d/b/a Pride 
of the Pond, and Simmons Farm Raised Catfish, Inc.; \13\ the Coalition 
for Fair Trade in Hardwood Plywood; \14\ and Wiley Rein, LLP.\15\ On 
October 20, 2023, the following parties submitted comments in 
opposition to GOV's CCR Request: Steel Dynamics, Inc. (SDI), the 
American Shrimp Processors Association (ASPA), and the American Kitchen 
Cabinet Alliance (AKCA); \16\ the Steel Manufacturers Association; \17\ 
and the Coalition of American Millwork Producers.\18\
---------------------------------------------------------------------------

    \9\ See Petitioners' Letter, ``Petitioners' Response to 
Vietnam's Request for Market Economy Treatment,'' dated October 6, 
2023 (Petitioners' Comments).
    \10\ See GOV's Letter, ``Responses to Petitioners' Comments on 
Viet Nam's Request for Market Economy Treatment,'' dated October 17, 
2023.
    \11\ See Southern Shrimp Alliance's Letter, ``Comments in 
Response to Request for Market Economy Status,'' dated October 19, 
2023.
    \12\ See Metal Grating Coalition's Letter, ``Response to the 
Government of the Socialist Republic of Vietnam's Request for 
Changed Circumstances Review,'' dated October 19, 2023.
    \13\ See CFA et al.'s Letter, ``Response to the Government of 
the Socialist Republic of Vietnam's Request for Changed 
Circumstances Review,'' dated October 19, 2023.
    \14\ See Coalition for Fair Trade in Hardwood Plywood's Letter, 
``Response to the Government of the Socialist Republic of Vietnam's 
Request for Changed Circumstances Review,'' dated October 19, 2023.
    \15\ See Wiley Rein, LLP's Letter, ``Response to the Government 
of the Socialist Republic of Vietnam's Request for Changed 
Circumstances Review,'' dated October 19, 2023.
    \16\ See SDI, ASPA, and AKCA's Letter, ``Response to Request for 
Changed Circumstances Review of the Antidumping Order on Raw Honey 
from the Socialist Republic of Vietnam,'' dated October 20, 2023.
    \17\ See Steel Manufacturer Association's Letter, ``Response to 
the Government of the Socialist Republic of Vietnam's Requests for 
Changed Circumstances Review,'' dated October 20, 2023.
    \18\ See Coalition of American Millwork Producers' Letter, 
``Response to the Government of the Socialist Republic of Vietnam's 
Request for Changed Circumstances Review,'' dated October 20, 2023.
---------------------------------------------------------------------------

Initiation of Changed Circumstances Review

    Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended 
(the Act), when Commerce receives information concerning, or a request 
from an interested party for a review of, a final affirmative 
determination that resulted in an AD or countervailing duty order, 
which shows changed circumstances sufficient to warrant a review of 
such determination, Commerce shall conduct a review of the 
determination after publishing notice of the review in the Federal 
Register. Section 751(b)(4) of the Act provides that, in the absence of 
good cause, Commerce may not review final determinations regarding 
whether subject merchandise is being, or is likely to be, sold in the 
United States at less than its fair value, or whether or not a 
countervailable subsidy is being provided with respect to subject 
merchandise, less than 24 months after the date of publication of the 
notice of that determination.
    As the GOV submitted substantial information on the reforms to the 
Vietnamese economy that are relevant to the six statutory factors 
Commerce reviews as part of its analysis on market economy status, and 
that have occurred since Commerce last reviewed Vietnam's market 
economy status in 2002,\19\ Commerce determines that good cause exists 
to review Vietnam's status as an NME country at this time within the 
meaning of 19 CFR 351.216(c). Section 771(18)(C)(ii) of the Act, which 
states that Commerce may make determinations of a country's NME status 
at any time, further grants Commerce the authority to initiate this NME 
review. Therefore, in response to this request, Commerce is initiating 
a CCR to examine whether Vietnam remains an NME country for purposes of 
the AD law, in accordance with sections 751(b) and 771(18)(C)(ii) of 
the Act.
---------------------------------------------------------------------------

    \19\ See Notice of Final Antidumping Duty Determination of Sales 
at Less Than Fair Value and Affirmative Critical Circumstances: 
Certain Frozen Fish Fillets from the Socialist Republic of Vietnam, 
68 FR 37116 (June 23, 2003).
---------------------------------------------------------------------------

Opportunity for Public Comment and Submission of Factual Information

    As part of this inquiry in which we are reviewing Vietnam's NME 
country status, Commerce invites public comments with respect to 
Vietnam on the following factors enumerated by section 771(18)(B) of 
the Act, which Commerce must consider in making an ME/NME 
determination:
    (i) the extent to which the currency of the foreign country is 
convertible into the currency of other countries;
    (ii) the extent to which wage rates in the foreign country are 
determined by free bargaining between labor and management;
    (iii) the extent to which joint ventures or other investments by 
firms of other foreign countries are permitted in the foreign country;
    (iv) the extent of government ownership or control of the means of 
production;
    (v) the extent of government control over the allocation of 
resources and over the price and output decisions of enterprises; and
    (vi) such other factors as the administering authority considers 
appropriate.
    The deadline for the submission of comments is not later than 30 
days after the date of publication of this notice. Rebuttal comments, 
limited to issues raised in parties' affirmative comments, may be filed 
not later than 14 days after the date for filing affirmative comments. 
Interested parties must submit comments and factual information at the 
Federal eRulemaking Portal: https://www.Regulations.gov. The 
identification number is ITA-2023-0010. An electronically filed 
document must be received successfully in its entirety by 5:00 p.m. 
Eastern Time on the due date set forth in this notice. Parties may 
request a hearing in their comments. If Commerce determines that a 
hearing is warranted, parties will be notified of the date, time, and 
room number for the hearing, in accordance with 19 CFR 351.310(d).
    Unless extended, consistent with 19 CFR 351.216(e), we will issue 
the final results of this CCR no later than 270 days after the date on 
which this review was initiated.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
751(b) and 771(18)(C)(ii) of the Act.

    Dated: October 23, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-23849 Filed 10-27-23; 8:45 am]
BILLING CODE 3510-DS-P

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