Raw Honey From the Socialist Republic of Vietnam: Preliminary Results of Antidumping Duty Administrative Review; 2021-2023, 55554-55557 [2024-14762]
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Federal Register / Vol. 89, No. 129 / Friday, July 5, 2024 / Notices
assessment of double antidumping
duties, and/or an increase in the amount
of antidumping duties by the amount of
the countervailing duties.
Notification to Interested Parties
Commerce is issuing and publishing
these preliminary results in accordance
with sections 751(a)(1) and 777(i) of the
Act, and 19 CFR 351.213(h)(2) and 19
CFR 351.221(b)(4).
Dated: June 28, 2024.
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
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2024–14764 Filed 7–3–24; 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: Preliminary
Results of Antidumping Duty
Administrative Review; 2021–2023
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that Ban Me Thout
Honeybee Joint Stock Company (BMT),
Daklak Honeybee Joint Stock Company
(DakHoney), and 13 non-individually
examined and separate-rate eligible
exporters of raw honey from the
Socialist Republic of Vietnam (Vietnam)
sold subject merchandise to the United
States at less than normal value (NV)
during the period of review (POR)
August 25, 2021, through May 31, 2023.
DATES: Applicable July 5, 2024.
FOR FURTHER INFORMATION CONTACT:
Krisha Hill or Stephanie Trejo, 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) 482–4037 or (202) 482–4390,
respectively.
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AGENCY:
SUPPLEMENTARY INFORMATION:
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Background
On June 10, 2022, Commerce
published in the Federal Register the
antidumping duty (AD) order on raw
honey from Vietnam. On June 1, 2023,
Commerce published in the Federal
Register a notice of opportunity to
request an administrative review of the
Order.1 In the June Opportunity Notice
Commerce inadvertently listed an
incorrect POR for this proceeding.2
Commerce noted this error in its August
Initiation Notice in which it initiated
the review for this proceeding.3
Commerce also noted the error in a
subsequent opportunity notice, giving
parties a further opportunity to request
an administrative review using the
correct POR.4
On August 3, 2023, Commerce
published in the Federal Register the
initiation notice of an administrative
review of the AD Order on raw honey
from Vietnam.5 Commerce further
published an addendum to the August
Initiation Notice in which it initiated a
review of raw honey from Vietnam for
two companies, one that requested a
review based on the August Opportunity
Notice and one company for which
Commerce failed to initiate a review
based on its request for review made
pursuant to the June Opportunity
Notice.6 Commerce selected BMT and
DakHoney as mandatory respondents in
this administrative review.7
1 See Raw Honey From Argentina, Brazil, India,
and the Socialist Republic of Vietnam:
Antidumping Duty Orders, 87 FR 35501 (June 10,
2022) (Order); and Antidumping or Countervailing
Duty Order, Finding, or Suspended Investigation;
Opportunity To Request Administrative Review and
Join Annual Inquiry Service List, 88 FR 35835 (June
1, 2023) (June Opportunity Notice).
2 See June Opportunity Notice, 88 FR at 35837.
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
51271, 51276 (August 3, 2023) (August Initiation
Notice).
4 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review and Join Annual
Inquiry Service List, 88 FR 50840 (August 2, 2023)
(August Opportunity Notice).
5 See August Initiation Notice.
6 See Raw Honey From the Socialist Republic of
Vietnam: Addendum to Initiation of Antidumping
Duty Administrative Review, 88 FR 65155
(September 21, 2023) (August Initiation Notice
Addendum). The August Initiation Notice and
August Initiation Notice Addendum list 35
companies. However, in the August Initiation
Notice, Commerce mistakenly listed Hung Thinh
Trading Pvt twice. Additionally, we note that
review requests were filed for two separate
companies with minor variations in their names:
Daklak Honey Bee JSC and Daklak Honeybee Joint
Stock Company, and Dong Nai Honey Bee Corp and
Dongnai HoneyBee Corporation. Accordingly,
Commerce initiated this administrative review with
respect to the 32 companies.
7 See Memorandum, ‘‘Respondent Selection,’’
dated October 5, 2023.
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On January 29, 2024, Commerce
extended the deadline for these
preliminary results to June 28, 2024.8
For a complete description of the events
that followed the initiation of this
administrative review, see the
Preliminary Decision Memorandum.9
Scope of the Order
The product covered by this Order is
raw honey from Vietnam. Raw honey is
honey as it exists in the beehive or as
obtained by extraction, settling and
skimming, or coarse straining. 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.
A full description of the scope of the
Order is contained in the Preliminary
Decision Memorandum.10
Separate Rates
The Act and Commerce’s regulations
do not address the establishment of a
separate rate to be applied to companies
not selected for individual examination
when Commerce limits its examination
in an administrative review pursuant to
section 777A(c)(2) of the Act. Generally,
Commerce looks to section 735(c)(5) of
the Act, which provides instructions for
calculating the all-others rate in an
investigation, for guidance when
calculating the rate for separate-rate
respondents which Commerce did not
examine individually in an
administrative review. Section
735(c)(5)(A) of the Act states that the allothers rate should be calculated by
averaging the weighted-average
dumping margins calculated for
individually-examined respondents,
excluding dumping margins that are
zero, de minimis, or based entirely on
facts available. For the preliminary
results of this review, Commerce
determined the estimated dumping
margins for BMT and DakHoney to be
100.54 percent and 154.47 percent,
respectively, and we have assigned to
the separate-rate companies a rate of
120.92 percent, which is the weighted8 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated January 29, 2024.
9 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Antidumping Duty
Administrative Review: Raw Honey from the
Socialist Republic of Vietnam; 2021–2023,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
10 Id.
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average dumping margins of BMT and
DakHoney weighted by their publicly
ranged U.S. sales values.11 For a listing
of the separate rate companies, see
Appendix II.
Bees Raising Co.; (16) TNB Foods Co.,
Ltd.; and (17) Vinawax Producing
Trading and Service Company Limited.
For additional information, see the
Preliminary Decision Memorandum.
Vietnam-Wide Entity
Under Commerce’s policy regarding
the conditional review of the Vietnamwide entity,12 the Vietnam-wide entity
will not be under review unless a party
specifically requests, or Commerce selfinitiates, a review of the entity. Because
no party requested a review of the
Vietnam-wide entity in this review, the
entity is not under review, and the
entity’s rate (i.e., 60.03 percent) is not
subject to change.13
With the exception of BMT,
DakHoney, and the companies listed in
Appendix II, Commerce considers all
other companies for which a review was
requested and did not demonstrate
separate rate eligibility to be part of the
Vietnam-wide entity.14 For these
preliminary results, we consider the
following companies to be part of the
Vietnam-wide entity because they did
not file separate rate applications or
certifications: (1) Bee Honey
Corporation of Ho Chi Minh City; (2)
Golden Bee Company Limited; (3)
Golden Honey Co., Ltd.; (4) Hai Phong
Honeybee Company Limited; (5)
Highlands Honeybee Travel Co., Ltd.;
(6) Hoa Viet Honeybee Co., Ltd.; (7)
Hung Binh Phat; (8) Hung Thinh
Trading Pvt; (9) Huong Rung Co., Ltd.;
(10) Huong Viet Honey Co., Ltd.; (11)
Nguyen Hong Honey Co., LTDTA; (12)
Phong Son Co., Ltd.; (13) Saigon Bees
Co., Limited; (14) Thai Hoa Mat Bees
Raising Co., Ltd.; (15) Thai Hoa Viet Mat
Methodology
11 With two respondents under examination,
Commerce normally calculates: (A) a weightedaverage of the dumping margins calculated for the
examined respondents; (B) a simple average of the
dumping margins calculated for the examined
respondents; and (C) a weighted-average of the
dumping margins calculated for the examined
respondents using each company’s publicly ranged
U.S. sale quantities 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, e.g., 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).
12 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
13 See Order, 87 FR at 35503.
14 See August Initiation Notice, 88 FR at 51272
(‘‘All firms listed below that wish to qualify for
separate rate status in the administrative reviews
involving NME countries must complete, as
appropriate, either a Separate Rate Application or
Certification, as described below.’’).
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Commerce is conducting this review
in accordance with section 751(a)(1)(B)
of the Tariff Act of 1930, as amended
(the Act). We calculated export price
and constructed export price in
accordance with section 772 of the Act.
Because Vietnam is a non-market
economy country within the meaning of
section 771(18) of the Act, we calculated
NV in accordance with section 773(c) of
the Act. For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. 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. A list of
topics discussed in the Preliminary
Decision Memorandum is included in
Appendix I of this notice. In addition,
a complete version of the Preliminary
Decision Memorandum can be found at
https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Preliminary Results of the
Administrative Review
Commerce preliminarily determines
that the following weighted-average
dumping margins exist for the
administrative review covering the
period August 25, 2021, through May
31, 2023:
Estimated
weightedaverage
dumping
margin
(percent)
Exporter
Ban Me Thuot Honeybee Joint
Stock Company .....................
Daklak Honeybee Joint Stock
Company ...............................
Separate Rate Companies 15 ...
Vietnam-wide Entity ..................
100.54
Disclosure and Public Comment
We intend to disclose the calculations
performed to parties within five days
after public announcement of the
preliminary results or, if there is no
public announcement, within five days
of the date of publication of this
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15 See
Appendix II.
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notice.16 Interested parties may submit
case briefs no later than 30 days after
the date of publication of this notice.17
Rebuttal briefs, limited to issues raised
in the case briefs, may be filed not later
than five days after the date for filing
case briefs.18 Interested parties who
submit case or rebuttal briefs in this
proceeding must submit: (1) a table of
contents listing each issue; and (2) a
table of authorities.19
As provided under 19 CFR
351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged
interested parties to provide an
executive summary of their briefs that
should be limited to five pages total,
including footnotes. In this review, we
instead request that interested parties
provide at the beginning of their briefs
a public, executive summary for each
issue raised in their briefs.20 Further, we
request that interested parties limit their
public executive summary of each issue
to no more than 450 words, not
including citations. We intend to use
the public executive summaries as the
basis of the comment summaries
included in the issues and decision
memorandum that will accompany the
final results in this administrative
review. We request that interested
parties include footnotes for relevant
citations in the public executive
summary of each issue. Note that
Commerce has amended certain of its
requirements pertaining to the service of
documents in 19 CFR 351.303(f).21
Interested parties who wish to request
a hearing must submit a written request
to the Assistant Secretary for
Enforcement and Compliance, filed
electronically via ACCESS.22 Requests
should contain: (1) the party’s name,
address, and telephone number; (2) the
number of participants and whether any
participant is a foreign national; and (3)
a list of issues to be discussed. Issues
raised in the hearing will be limited to
those raised in case and rebuttal
briefs.23 If a request for a hearing is
made, Commerce intends to hold the
16 See
19 CFR 351.224(b).
19 CFR 351.309(c)(1)(ii); see also 19 CFR
351.303 (for general filing requirements).
18 See 19 CFR 351.309(d); see also Administrative
Protective Order, Service, and Other Procedures in
Antidumping and Countervailing Duty Proceedings,
88 FR 67069, 67077 (September 29, 2023).
19 See 19 351.309(c)(2) and (d)(2).
20 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
21 See Administrative Protective Order, Service,
and Other Procedures in Antidumping and
Countervailing Duty Proceedings; Final Rule, 88 FR
67069 (September 29, 2023).
22 See 19 CFR 351.310(c).
23 See 19 CFR 351.310.
17 See
154.47
120.92
60.03
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hearing at a time and date to be
determined. A hearing request must be
filed electronically using ACCESS and
received in its entirety by 5:00 p.m.
Eastern Time within 30 days after the
publication of this notice.
Verification
As provided in section 782(i)(3) of the
Act, Commerce intends to verify the
information submitted by BMT and
DakHoney in advance of the final results
of this review.
ddrumheller on DSK120RN23PROD with NOTICES1
Final Results of Review
Unless the deadline is extended,
Commerce intends to issue the final
results of this review, including the
results of its analysis of the issues raised
in any written briefs, no later than 120
days after the date of publication of this
notice, pursuant to section 751(a)(3)(A)
of the Act and 19 CFR 351.213(h).
Assessment Rates
Upon issuing the final results,
Commerce will determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries covered by this
review.24 Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
For each individually examined
respondent in this review whose
weighted-average dumping margin in
the final results of review is not zero or
de minimis (i.e., less than 0.5 percent),
Commerce intends to calculate
importer/customer-specific assessment
rates.25 Where the respondent reported
reliable entered values, Commerce
intends to calculate importer/customerspecific ad valorem assessment rates by
aggregating the amount of dumping
calculated for all U.S. sales to the
importer/customer and dividing this
amount by the total entered value of the
merchandise sold to the importer/
customer.26 Where the respondent did
not report entered values, Commerce
will calculate importer/customerspecific assessment rates by dividing the
24 See
19 CFR 351.212(b)(1).
Antidumping Proceedings: Calculation of
the Weighted Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012) (Final Modification).
26 See 19 CFR 351.212(b)(1).
25 See
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amount of dumping for reviewed sales
to the importer/customer by the total
quantity of those sales. Commerce will
calculate an estimated ad valorem
importer/customer-specific assessment
rate to determine whether the per-unit
assessment rate is de minimis; however,
Commerce will use the per-unit
assessment rate where entered values
were not reported.27 Where an importer/
customer-specific ad valorem
assessment rate is not zero or de
minimis, Commerce will instruct CBP to
collect the appropriate duties at the time
of liquidation. Where either the
respondent’s weighted average dumping
margin is zero or de minimis, or an
importer/customer-specific ad valorem
assessment rate is zero or de minimis,
Commerce will instruct CBP to liquidate
appropriate entries without regard to
antidumping duties.28
Pursuant to Commerce’s refinement to
its practice, for sales that were not
reported in the U.S. sales database
submitted by a respondent individually
examined during this review, Commerce
will instruct CBP to liquidate the entry
of such merchandise at the dumping
margin assigned to the Vietnam-wide
entity.29 For respondents not
individually examined in this
administrative review that qualified for
a separate rate, the assessment rate will
be equal to the weighted-average
dumping margin assigned to the
respondent in the final results of this
review.30
Additionally, where Commerce
determines that an exporter under
review had no shipments of subject
merchandise to the United States during
the POR, any suspended entries of
subject merchandise that entered under
that exporter’s CBP case number during
the POR will be liquidated at the
dumping margin assigned to the
Vietnam-wide entity.
In accordance with section
751(a)(2)(C) of the Act, the final results
of this review shall be the basis for the
assessment of antidumping duties on
entries of merchandise covered by the
final results of this review and for future
27 Id.
Final Modification, 77 FR at 8103.
a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011).
30 See Drawn Stainless Steel Sinks from the
People’s Republic of China: Preliminary Results of
the Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments: 2014–
2015, 81 FR 29528 (May 12, 2016), and
accompanying PDM at 10–11, unchanged in Drawn
Stainless Steel Sinks from the People’s Republic of
China: Final Results of Antidumping Duty
Administrative Review; Final Determination of No
Shipments; 2014–2015, 81 FR 54042 (August 15,
2016).
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28 See
29 For
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deposits of estimated antidumping
duties, where applicable.
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1) for
the exporters listed above, the cash
deposit rate will be equal to the
weighted-average dumping margins
established in the final results of this
review, except if the rate is de minimis,
in which case the cash deposit rate will
be zero; (2) for previously-examined
Vietnamese and non-Vietnamese
exporters not listed above that at the
time of entry are eligible for a separate
rate base on a prior completed segment
of this proceeding, the cash deposit rate
will continue to the be the existing
exporter-specific cash deposit rate; (3)
for all non-Vietnamese exporters of
subject merchandise which at the time
of entry do not have a separate rate, the
cash deposit rate will be the rate
applicable to the Vietnamese exporter
that supplied the non-Vietnamese
exporter. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this POR.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
Notification to Interested Parties
Commerce is issuing and publishing
the preliminary results of this review in
accordance with sections 751(a)(1)(B)
and 777(i) of the Act, and 19 CFR
351.221(b)(4).
Dated: June 28, 2024.
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
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
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III. Period of Review
IV. Scope of the Order
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
Appendix II
List of Companies Eligible for Separate Rate
(1) Bao Nguyen Honeybee Co., Ltd.
(2) Daisy Honey Bee Joint Stock Company
(3) Dak Nguyen Hong Exploitation of Honey
Company Limited TA
(4) Dongnai HoneyBee Corporation
(5) Hanoi Honey Bee Joint Stock Company
(6) Hoa Viet Honeybee One Member
Company Limited
(7) Hoang Tri Honey Bee Co., Ltd.
(8) Huong Rung Trading-Investment and
Export Company Limited
(9) Nhieu Loc Company Limited
(10) Southern Honey Bee Company Ltd.
(11) Spring Honeybee Co., Ltd.
(12) Thanh Hao Bees Co., Ltd.
(13) Viet Thanh Food Co., Ltd.
[FR Doc. 2024–14762 Filed 7–3–24; 8:45 am]
BILLING CODE 3510–DS–P
Subsequently, on April 23, 2024,
Commerce issued its Post-Preliminary
Determination.2 For a complete
description of the events that followed
the Preliminary Determination, see the
Issues and Decision Memorandum.3 The
Issues and Decision Memorandum is a
public document and is made available
to the public 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 Issues and
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 pea protein from China.
For a complete description of the scope
of this investigation, see Appendix I.
Scope Comments
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–155]
Certain Pea Protein From the People’s
Republic of China: Final Affirmative
Countervailing Duty Determination and
Final Affirmative Critical
Circumstances Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
countervailable subsidies are being
provided to producers and exporters of
certain pea protein (pea protein) from
the People’s Republic of China (China).
The period of investigation is January 1,
2022, through December 31, 2022.
DATES: Applicable July 5, 2024.
FOR FURTHER INFORMATION CONTACT:
Kristen Johnson or Laura Griffith, AD/
CVD Operations, Office III, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4793 or (202) 482–6430,
respectively.
AGENCY:
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SUPPLEMENTARY INFORMATION:
Background
On December 18, 2023, Commerce
published its Preliminary Determination
in the Federal Register and invited
interested parties to comment.1
1 See Certain Pea Protein from the People’s
Republic of China: Preliminary Affirmative
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On February 7, 2024, Commerce
issued a Preliminary Scope Decision
Memorandum in which it determined
not to modify the language of the scope
as it regards pea protein from China.4
We received no scope case briefs from
interested parties. Therefore, the scope
of the investigation, as contained in the
Preliminary Determination, remains
unchanged as noted in Appendix I.
Analysis of Subsidy Programs and
Comments Received
The subsidy programs under
investigation, and the issues raised in
the case and rebuttal briefs that were
submitted by parties in this
investigation, are discussed in the Issues
and Decision Memorandum. For a list of
the issues raised by interested parties
and addressed in the Issues and
Decision Memorandum, see Appendix II
to this notice.
Countervailing Duty Determination, Preliminary
Affirmative Critical Circumstances Determination,
and Alignment of Final Determination with Final
Antidumping Duty Determination, 88 FR 87403
(December 18, 2023) (Preliminary Determination),
and accompanying Preliminary Decision
Memorandum (PDM).
2 See Memorandum, ‘‘Post-Preliminary Decision
Memorandum for the Countervailing Duty
Investigation on Certain Pea Protein from the
People’s Republic of China,’’ dated April 23, 2024.
3 See Memorandum, ‘‘Decision Memorandum for
the Final Affirmative Determination in the
Countervailing Duty Investigation of Certain Pea
Protein from the People’s Republic of China,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
4 See Memorandum, ‘‘Less-Than-Fair-Value and
Countervailing Duty Investigations of Certain Pea
Protein from the People’s Republic of China:
Preliminary Scope Decision Memorandum,’’ dated
February 7, 2024.
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Methodology
Commerce conducted this
investigation in accordance with section
701 of the Tariff Act of 1930, as
amended (the Act). For each of the
subsidy programs found to be
countervailable, Commerce determines
that there is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
gives rise to a benefit to the recipient,
and that the subsidy is specific.5 For a
full description of the methodology
underlying our final determination, see
the Issues and Decision Memorandum.
In making this final determination,
Commerce relied, in part, on facts
otherwise available, including with an
adverse inference, pursuant to sections
776(a) and (b) of the Act. For a full
discussion of our application of adverse
facts available, see the Preliminary
Determination PDM 6 and section ‘‘Use
of Facts Otherwise Available and
Application of Adverse Inferences’’ in
the Issues and Decision Memorandum.
Verification
Commerce was unable to conduct onsite verifications of the information
relied on in making its final
determination in this investigation.
However, in January 2024, we took
additional steps in lieu of on-site
verifications to verify the information
relied upon in making this final
determination, in accordance with
section 782(i) of the Act, by conducting
virtual verifications of Yantai Oriental
Protein Tech Co., Ltd. (Yantai Oriental)
and Zhaoyuan Junbang Trading Co., Ltd.
(Junbang).
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received from interested
parties and our verification findings, we
made certain changes to the subsidy rate
calculations for Junbang and Yantai
Oriental. For a discussion of these
changes, see the Issues and Decision
Memorandum.
Final Affirmative Determination of
Critical Circumstances
Pursuant to sections 705(a)(2), 776(a),
and 776(b) of the Act, and 19 CFR
351.206, Commerce continues to find
that critical circumstances exist with
respect to imports of pea protein from
China for Junbang, Yantai Oriental, all
other producers and/or exporters, and
the non-responsive companies. For
5 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; see also section
771(5)(E) of the Act regarding benefit; and section
771(5A) of the Act regarding specificity.
6 See Preliminary Determination PDM at 8–36.
E:\FR\FM\05JYN1.SGM
05JYN1
]]>Agencies
[Federal Register Volume 89, Number 129 (Friday, July 5, 2024)]
[Notices]
[Pages 55554-55557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14762]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-833]
Raw Honey From the Socialist Republic of Vietnam: Preliminary
Results of Antidumping Duty Administrative Review; 2021-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that Ban Me Thout Honeybee Joint Stock Company (BMT), Daklak
Honeybee Joint Stock Company (DakHoney), and 13 non-individually
examined and separate-rate eligible exporters of raw honey from the
Socialist Republic of Vietnam (Vietnam) sold subject merchandise to the
United States at less than normal value (NV) during the period of
review (POR) August 25, 2021, through May 31, 2023.
DATES: Applicable July 5, 2024.
FOR FURTHER INFORMATION CONTACT: Krisha Hill or Stephanie Trejo, 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) 482-4037 or (202) 482-4390,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 10, 2022, Commerce published in the Federal Register the
antidumping duty (AD) order on raw honey from Vietnam. On June 1, 2023,
Commerce published in the Federal Register a notice of opportunity to
request an administrative review of the Order.\1\ In the June
Opportunity Notice Commerce inadvertently listed an incorrect POR for
this proceeding.\2\ Commerce noted this error in its August Initiation
Notice in which it initiated the review for this proceeding.\3\
Commerce also noted the error in a subsequent opportunity notice,
giving parties a further opportunity to request an administrative
review using the correct POR.\4\
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\1\ See Raw Honey From Argentina, Brazil, India, and the
Socialist Republic of Vietnam: Antidumping Duty Orders, 87 FR 35501
(June 10, 2022) (Order); and Antidumping or Countervailing Duty
Order, Finding, or Suspended Investigation; Opportunity To Request
Administrative Review and Join Annual Inquiry Service List, 88 FR
35835 (June 1, 2023) (June Opportunity Notice).
\2\ See June Opportunity Notice, 88 FR at 35837.
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 51271, 51276 (August 3, 2023) (August
Initiation Notice).
\4\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review and Join Annual Inquiry Service List, 88 FR 50840 (August 2,
2023) (August Opportunity Notice).
---------------------------------------------------------------------------
On August 3, 2023, Commerce published in the Federal Register the
initiation notice of an administrative review of the AD Order on raw
honey from Vietnam.\5\ Commerce further published an addendum to the
August Initiation Notice in which it initiated a review of raw honey
from Vietnam for two companies, one that requested a review based on
the August Opportunity Notice and one company for which Commerce failed
to initiate a review based on its request for review made pursuant to
the June Opportunity Notice.\6\ Commerce selected BMT and DakHoney as
mandatory respondents in this administrative review.\7\
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\5\ See August Initiation Notice.
\6\ See Raw Honey From the Socialist Republic of Vietnam:
Addendum to Initiation of Antidumping Duty Administrative Review, 88
FR 65155 (September 21, 2023) (August Initiation Notice Addendum).
The August Initiation Notice and August Initiation Notice Addendum
list 35 companies. However, in the August Initiation Notice,
Commerce mistakenly listed Hung Thinh Trading Pvt twice.
Additionally, we note that review requests were filed for two
separate companies with minor variations in their names: Daklak
Honey Bee JSC and Daklak Honeybee Joint Stock Company, and Dong Nai
Honey Bee Corp and Dongnai HoneyBee Corporation. Accordingly,
Commerce initiated this administrative review with respect to the 32
companies.
\7\ See Memorandum, ``Respondent Selection,'' dated October 5,
2023.
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On January 29, 2024, Commerce extended the deadline for these
preliminary results to June 28, 2024.\8\ For a complete description of
the events that followed the initiation of this administrative review,
see the Preliminary Decision Memorandum.\9\
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\8\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated January
29, 2024.
\9\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review: Raw Honey
from the Socialist Republic of Vietnam; 2021-2023,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Order
The product covered by this Order is raw honey from Vietnam. Raw
honey is honey as it exists in the beehive or as obtained by
extraction, settling and skimming, or coarse straining. 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.
A full description of the scope of the Order is contained in the
Preliminary Decision Memorandum.\10\
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\10\ Id.
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Separate Rates
The Act and Commerce's regulations do not address the establishment
of a separate rate to be applied to companies not selected for
individual examination when Commerce limits its examination in an
administrative review pursuant to section 777A(c)(2) of the Act.
Generally, Commerce looks to section 735(c)(5) of the Act, which
provides instructions for calculating the all-others rate in an
investigation, for guidance when calculating the rate for separate-rate
respondents which Commerce did not examine individually in an
administrative review. Section 735(c)(5)(A) of the Act states that the
all-others rate should be calculated by averaging the weighted-average
dumping margins calculated for individually-examined respondents,
excluding dumping margins that are zero, de minimis, or based entirely
on facts available. For the preliminary results of this review,
Commerce determined the estimated dumping margins for BMT and DakHoney
to be 100.54 percent and 154.47 percent, respectively, and we have
assigned to the separate-rate companies a rate of 120.92 percent, which
is the weighted-
[[Page 55555]]
average dumping margins of BMT and DakHoney weighted by their publicly
ranged U.S. sales values.\11\ For a listing of the separate rate
companies, see Appendix II.
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\11\ With two respondents under examination, Commerce normally
calculates: (A) a weighted-average of the dumping margins calculated
for the examined respondents; (B) a simple average of the dumping
margins calculated for the examined respondents; and (C) a weighted-
average of the dumping margins calculated for the examined
respondents using each company's publicly ranged U.S. sale
quantities 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, e.g., 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).
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Vietnam-Wide Entity
Under Commerce's policy regarding the conditional review of the
Vietnam-wide entity,\12\ the Vietnam-wide entity will not be under
review unless a party specifically requests, or Commerce self-
initiates, a review of the entity. Because no party requested a review
of the Vietnam-wide entity in this review, the entity is not under
review, and the entity's rate (i.e., 60.03 percent) is not subject to
change.\13\
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\12\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\13\ See Order, 87 FR at 35503.
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With the exception of BMT, DakHoney, and the companies listed in
Appendix II, Commerce considers all other companies for which a review
was requested and did not demonstrate separate rate eligibility to be
part of the Vietnam-wide entity.\14\ For these preliminary results, we
consider the following companies to be part of the Vietnam-wide entity
because they did not file separate rate applications or certifications:
(1) Bee Honey Corporation of Ho Chi Minh City; (2) Golden Bee Company
Limited; (3) Golden Honey Co., Ltd.; (4) Hai Phong Honeybee Company
Limited; (5) Highlands Honeybee Travel Co., Ltd.; (6) Hoa Viet Honeybee
Co., Ltd.; (7) Hung Binh Phat; (8) Hung Thinh Trading Pvt; (9) Huong
Rung Co., Ltd.; (10) Huong Viet Honey Co., Ltd.; (11) Nguyen Hong Honey
Co., LTDTA; (12) Phong Son Co., Ltd.; (13) Saigon Bees Co., Limited;
(14) Thai Hoa Mat Bees Raising Co., Ltd.; (15) Thai Hoa Viet Mat Bees
Raising Co.; (16) TNB Foods Co., Ltd.; and (17) Vinawax Producing
Trading and Service Company Limited. For additional information, see
the Preliminary Decision Memorandum.
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\14\ See August Initiation Notice, 88 FR at 51272 (``All firms
listed below that wish to qualify for separate rate status in the
administrative reviews involving NME countries must complete, as
appropriate, either a Separate Rate Application or Certification, as
described below.'').
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). We
calculated export price and constructed export price in accordance with
section 772 of the Act. Because Vietnam is a non-market economy country
within the meaning of section 771(18) of the Act, we calculated NV in
accordance with section 773(c) of the Act. For a full description of
the methodology underlying our conclusions, see the Preliminary
Decision Memorandum. 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. A list of topics discussed in the Preliminary
Decision Memorandum is included in Appendix I of this notice. In
addition, a complete version of the Preliminary Decision Memorandum can
be found at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Preliminary Results of the Administrative Review
Commerce preliminarily determines that the following weighted-
average dumping margins exist for the administrative review covering
the period August 25, 2021, through May 31, 2023:
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\15\ See Appendix II.
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter dumping
margin
(percent)
------------------------------------------------------------------------
Ban Me Thuot Honeybee Joint Stock Company.................. 100.54
Daklak Honeybee Joint Stock Company........................ 154.47
Separate Rate Companies \15\............................... 120.92
Vietnam-wide Entity........................................ 60.03
------------------------------------------------------------------------
Disclosure and Public Comment
We intend to disclose the calculations performed to parties within
five days after public announcement of the preliminary results or, if
there is no public announcement, within five days of the date of
publication of this notice.\16\ Interested parties may submit case
briefs no later than 30 days after the date of publication of this
notice.\17\ Rebuttal briefs, limited to issues raised in the case
briefs, may be filed not later than five days after the date for filing
case briefs.\18\ Interested parties who submit case or rebuttal briefs
in this proceeding must submit: (1) a table of contents listing each
issue; and (2) a table of authorities.\19\
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\16\ See 19 CFR 351.224(b).
\17\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for
general filing requirements).
\18\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023).
\19\ See 19 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their briefs that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\20\ Further,
we request that interested parties limit their public executive summary
of each issue to no more than 450 words, not including citations. We
intend to use the public executive summaries as the basis of the
comment summaries included in the issues and decision memorandum that
will accompany the final results in this administrative review. We
request that interested parties include footnotes for relevant
citations in the public executive summary of each issue. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\21\
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\20\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\21\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings; Final
Rule, 88 FR 67069 (September 29, 2023).
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Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, filed electronically via ACCESS.\22\ Requests should
contain: (1) the party's name, address, and telephone number; (2) the
number of participants and whether any participant is a foreign
national; and (3) a list of issues to be discussed. Issues raised in
the hearing will be limited to those raised in case and rebuttal
briefs.\23\ If a request for a hearing is made, Commerce intends to
hold the
[[Page 55556]]
hearing at a time and date to be determined. A hearing request must be
filed electronically using ACCESS and received in its entirety by 5:00
p.m. Eastern Time within 30 days after the publication of this notice.
---------------------------------------------------------------------------
\22\ See 19 CFR 351.310(c).
\23\ See 19 CFR 351.310.
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Verification
As provided in section 782(i)(3) of the Act, Commerce intends to
verify the information submitted by BMT and DakHoney in advance of the
final results of this review.
Final Results of Review
Unless the deadline is extended, Commerce intends to issue the
final results of this review, including the results of its analysis of
the issues raised in any written briefs, no later than 120 days after
the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h).
Assessment Rates
Upon issuing the final results, Commerce will determine, and U.S.
Customs and Border Protection (CBP) shall assess, antidumping duties on
all appropriate entries covered by this review.\24\ Commerce intends to
issue assessment instructions to CBP no earlier than 35 days after the
date of publication of the final results of this review in the Federal
Register. If a timely summons is filed at the U.S. Court of
International Trade, the assessment instructions will direct CBP not to
liquidate relevant entries until the time for parties to file a request
for a statutory injunction has expired (i.e., within 90 days of
publication).
---------------------------------------------------------------------------
\24\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------
For each individually examined respondent in this review whose
weighted-average dumping margin in the final results of review is not
zero or de minimis (i.e., less than 0.5 percent), Commerce intends to
calculate importer/customer-specific assessment rates.\25\ Where the
respondent reported reliable entered values, Commerce intends to
calculate importer/customer-specific ad valorem assessment rates by
aggregating the amount of dumping calculated for all U.S. sales to the
importer/customer and dividing this amount by the total entered value
of the merchandise sold to the importer/customer.\26\ Where the
respondent did not report entered values, Commerce will calculate
importer/customer-specific assessment rates by dividing the amount of
dumping for reviewed sales to the importer/customer by the total
quantity of those sales. Commerce will calculate an estimated ad
valorem importer/customer-specific assessment rate to determine whether
the per-unit assessment rate is de minimis; however, Commerce will use
the per-unit assessment rate where entered values were not
reported.\27\ Where an importer/customer-specific ad valorem assessment
rate is not zero or de minimis, Commerce will instruct CBP to collect
the appropriate duties at the time of liquidation. Where either the
respondent's weighted average dumping margin is zero or de minimis, or
an importer/customer-specific ad valorem assessment rate is zero or de
minimis, Commerce will instruct CBP to liquidate appropriate entries
without regard to antidumping duties.\28\
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\25\ See Antidumping Proceedings: Calculation of the Weighted
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012)
(Final Modification).
\26\ See 19 CFR 351.212(b)(1).
\27\ Id.
\28\ See Final Modification, 77 FR at 8103.
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Pursuant to Commerce's refinement to its practice, for sales that
were not reported in the U.S. sales database submitted by a respondent
individually examined during this review, Commerce will instruct CBP to
liquidate the entry of such merchandise at the dumping margin assigned
to the Vietnam-wide entity.\29\ For respondents not individually
examined in this administrative review that qualified for a separate
rate, the assessment rate will be equal to the weighted-average dumping
margin assigned to the respondent in the final results of this
review.\30\
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\29\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
\30\ See Drawn Stainless Steel Sinks from the People's Republic
of China: Preliminary Results of the Antidumping Duty Administrative
Review and Preliminary Determination of No Shipments: 2014-2015, 81
FR 29528 (May 12, 2016), and accompanying PDM at 10-11, unchanged in
Drawn Stainless Steel Sinks from the People's Republic of China:
Final Results of Antidumping Duty Administrative Review; Final
Determination of No Shipments; 2014-2015, 81 FR 54042 (August 15,
2016).
---------------------------------------------------------------------------
Additionally, where Commerce determines that an exporter under
review had no shipments of subject merchandise to the United States
during the POR, any suspended entries of subject merchandise that
entered under that exporter's CBP case number during the POR will be
liquidated at the dumping margin assigned to the Vietnam-wide entity.
In accordance with section 751(a)(2)(C) of the Act, the final
results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by the final
results of this review and for future deposits of estimated antidumping
duties, where applicable.
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) for the exporters listed above, the cash
deposit rate will be equal to the weighted-average dumping margins
established in the final results of this review, except if the rate is
de minimis, in which case the cash deposit rate will be zero; (2) for
previously-examined Vietnamese and non-Vietnamese exporters not listed
above that at the time of entry are eligible for a separate rate base
on a prior completed segment of this proceeding, the cash deposit rate
will continue to the be the existing exporter-specific cash deposit
rate; (3) for all non-Vietnamese exporters of subject merchandise which
at the time of entry do not have a separate rate, the cash deposit rate
will be the rate applicable to the Vietnamese exporter that supplied
the non-Vietnamese exporter. These cash deposit requirements, when
imposed, shall remain in effect until further notice.
Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Notification to Interested Parties
Commerce is issuing and publishing the preliminary results of this
review in accordance with sections 751(a)(1)(B) and 777(i) of the Act,
and 19 CFR 351.221(b)(4).
Dated: June 28, 2024.
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
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
[[Page 55557]]
III. Period of Review
IV. Scope of the Order
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
Appendix II
List of Companies Eligible for Separate Rate
(1) Bao Nguyen Honeybee Co., Ltd.
(2) Daisy Honey Bee Joint Stock Company
(3) Dak Nguyen Hong Exploitation of Honey Company Limited TA
(4) Dongnai HoneyBee Corporation
(5) Hanoi Honey Bee Joint Stock Company
(6) Hoa Viet Honeybee One Member Company Limited
(7) Hoang Tri Honey Bee Co., Ltd.
(8) Huong Rung Trading-Investment and Export Company Limited
(9) Nhieu Loc Company Limited
(10) Southern Honey Bee Company Ltd.
(11) Spring Honeybee Co., Ltd.
(12) Thanh Hao Bees Co., Ltd.
(13) Viet Thanh Food Co., Ltd.
[FR Doc. 2024-14762 Filed 7-3-24; 8:45 am]
BILLING CODE 3510-DS-P
