Raw Honey From Argentina: Preliminary Results and Rescission, in Part, of Antidumping Duty Administrative Review; 2021-2023, 55915-55917 [2024-14912]
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Federal Register / Vol. 89, No. 130 / Monday, July 8, 2024 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–357–823]
Raw Honey From Argentina:
Preliminary Results and Rescission, in
Part, of Antidumping Duty
Administrative Review; 2021–2023
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The U.S. Department of
Commerce (Commerce) preliminarily
determines that Asociación De
Cooperativas Argentinas Cooperativa
Limitada (ACA), and the nonindividually-examined companies for
which a review was requested made
sales of raw honey from Argentina is
being sold in the United States at less
than normal value (NV) during the
period of review (POR), November 23,
2021, through May 31, 2023.
Additionally, Commerce preliminarily
determines that NEXCO S.A. (NEXCO)
did not make sales of raw honey at
prices below NV during the POR. We
are also rescinding this review, in part,
with respect to five companies which
had no suspended entries. We invite
interested parties to comment on these
preliminary results.
SUMMARY:
DATES:
Applicable July 8, 2024.
FOR FURTHER INFORMATION CONTACT:
Thomas Martin or Zachary Shaykin,
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) 482–3936 or
(202) 482–2638, respectively.
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 Argentina.1 On August 3,
2023, Commerce initiated an
administrative review of the Order
covering 24 companies, in accordance
with section 751(a) of the Tariff Act of
1930, as amended (the Act).2 On
February 13, 2024, we extended the
1 See Raw Honey from Argentina, Brazil, India,
and the Socialist Republic of Vietnam:
Antidumping Duty Orders, 87 FR 35501 (June 10,
2022) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
51271 (August 3, 2023) (Initiation Notice).
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16:22 Jul 05, 2024
Jkt 262001
deadline for the preliminary results of
this review to June 28, 2024.3
For details regarding the events that
occurred subsequent to the initiation of
this review, see the Preliminary
Decision Memorandum.4 A list of topics
discussed in the Preliminary Decision
Memorandum is included in as
Appendix I 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 Order
The merchandise covered by the
Order is raw honey from Argentina. For
a complete description of the scope of
the Order, see the Preliminary Decision
Memorandum.
Rescission, in Part, of Administrative
Review
Pursuant to 19 CFR 351.213(d)(3),
Commerce will rescind an
administrative review when there are no
entries of subject merchandise during
the POR for which liquidation is
suspended.5 Normally, upon
completion of an administrative review,
the suspended entries are liquidated at
the AD assessment rate calculated for
the review period.6 Therefore, for an
administrative review of a company to
be conducted, there must be a
suspended entry that Commerce can
instruct and U.S. Customs and Border
Protection (CBP) to liquidate at the AD
assessment rate calculated for the POR.7
On June 14, 2024, we notified parties
of our intent to rescind this
administrative review, in part, with
respect to the five companies listed in
Appendix II because there were no
suspended entries of subject
merchandise produced or exported by
3 See Memorandum, ‘‘Extension of Deadline for
the Preliminary Results of Antidumping Duty
Administrative Review,’’ dated February 13, 2024.
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Antidumping Duty
Administrative Review of Raw Honey from
Argentina; 2021–2023,’’ dated concurrently with,
and hereby adopted by, this notice (Preliminary
Decision Memorandum).
5 See, e.g., Large Diameter Welded Pipe from
Greece: Rescission of Antidumping Duty
Administrative Review; 2022–2023, 89 FR 4274
(January 23, 2024).
6 See 19 CFR 351.212(b)(2).
7 See 19 CFR 351.213(d)(3).
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Frm 00003
Fmt 4703
Sfmt 4703
55915
these companies during the POR. We
invited interested parties to comment.8
No parties commented on our intent to
rescind the review, in part. In the
absence of suspended entries of subject
merchandise from these companies
during the POR, we are rescinding, in
part, the administrative review for the
companies listed in Appendix II, in
accordance with 19 CFR 351.213(d)(3).
Methodology
Commerce is conducting this review
in accordance with sections 751(a)(1)
and (2) of the Act. We calculated
constructed export price in accordance
with section 772(b) of the Act. We
calculated NV in accordance with
section 773 of the Act. For a full
description of the methodology
underlying these preliminary results,
see the Preliminary Decision
Memorandum.
Rate for Non-Examined Companies
The statute and Commerce’s
regulations do not address the
establishment of a 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 a market economy
investigation, for guidance when
calculating the rate for companies
which were not selected for individual
examination in an administrative
review. Under section 735(c)(5)(A) of
the Act, the all-others rate is normally
‘‘an amount equal to the weighted
average of the estimated weightedaverage dumping margins established
for exporters and producers
individually investigated, excluding any
zero or de minimis margins, and any
margins determined entirely | on the
basis of facts available.’’ In this review,
we calculated a weighted-average
dumping margin for the two mandatory
respondents, ACA and NEXCO, of 58.34
percent and 0.00 percent, respectively,
and we have assigned to the nonselected companies a rate of 58.34
percent, which is the rate calculated for
ACA.
Preliminary Results of the Review
We preliminarily determine that the
following weighted-average dumping
margins exist for the period of
November 23, 2021, through May 31,
2023:
8 See Memorandum, ‘‘Notice of Intent to Rescind
Review, In Part,’’ dated June 14, 2024.
E:\FR\FM\08JYN1.SGM
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55916
Federal Register / Vol. 89, No. 130 / Monday, July 8, 2024 / Notices
Weighted-average
dumping margin
(percent)
Producer or exporter
Asociación De Cooperativas Argentinas Cooperativa Limitada ....................................................................................................
Nexco S.A ......................................................................................................................................................................................
Review-Specific Rate for Non-Examined Companies 9 .................................................................................................................
Disclosure
Commerce intends to disclose its
calculations and analysis performed for
these preliminary results 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)(3) of the
Act, we intend to verify the information
upon which we will rely in determining
our final results of review with respect
to the mandatory respondents, ACA and
NEXCO.
Public Comment
As stated below, Commerce intends to
verify the information upon which it
will rely in making its final
determination. Interested parties may
submit case briefs within seven days
after issuance of the last verification
report. Rebuttal briefs, limited to issues
raised in case briefs, may be filed no
later than five days after the date for
filing case briefs.10 Interested parties
who submit case briefs or rebuttal briefs
in this proceeding must submit: (1) a
table of contents listing each issue; and
(2) a table of authorities.11
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 brief 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.12 Further, we
request that interested parties limit their
public executive summary of each issue
to no more than 450 words, no
including citations. We intend to use
the public executive summaries as the
basis of the comment summaries
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9 See
Appendix III.
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) (APO and
Service Procedures).
11 See 19 CFR 351.309(c)(2) and (d)(2).
12 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
10 See
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16:22 Jul 05, 2024
Jkt 262001
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).13
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, within 30 days after the date
of publication of this notice. Requests
should contain: (1) party’s name,
address, and telephone number; (2) the
number of participants; and (3) a list of
the issues to be discussed. Oral
presentations at the hearing will be
limited to issues raised in the briefs. If
a request for a hearing is made, parties
will be notified of the time and date for
the hearing.14
Assessment Rates
Upon completion of this
administrative review, Commerce shall
determine, and CBP shall assess,
antidumping duties on all appropriate
entries. The final results of this review
shall be the basis for the assessment of
antidumping duties on entries of
merchandise covered by this review and
for future deposits of estimated duties,
where applicable.15 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 an individually examined
respondent whose weighted-average
dumping margin is not zero or de
minimis (i.e., less than 0.50 percent),
upon completion of the final results,
PO 00000
13 See
APO and Service Procedures.
19 CFR 351.310(d).
15 See section 751(a)(2)(C) of the Act.
14 See
Frm 00004
Fmt 4703
Sfmt 4703
58.34
0.00
58.34
Commerce intends to calculate
importer-specific AD assessment rates
on the basis of the ratio of the total
amount of dumping calculated for each
importer’s examined sales to the total
entered value of those sales. Pursuant to
19 CFR 351.212(b)(1), neither ACA nor
NEXCO reported actual entered value
for all of its U.S. sales; in such
instances, we calculated importerspecific per-unit duty assessment rates
by aggregating the importer’s amount of
dumping calculated for the examined
sales and dividing this amount by the
total quantity of those sales. to consider
whether the importer-specific
assessment rate is de minimis, we
estimated the enter value for each U.S.
sales and calculated an estimated ad
valorem importer-specific assessment
rate as the importer’s aggregated amount
of dumping divided by the estimated
entry value of those sales. Where either
a respondent’s weighted-average
dumping margin is zero or de minimis,
or an importer-specific estimated ad
valorem assessment rate is zero or de
minimis, we intend to instruct CBP to
liquidate appropriate entries without
regard to antidumping duties.16
Commerce’s ‘‘automatic assessment’’
practice will apply to entries of subject
merchandise during the POR produced
by ACA or NEXCO for which it did not
know that the merchandise it sold to an
intermediary (e.g., a reseller, trading
company, or exporter) was destined for
the United States. In such instances, we
will instruct CBP to liquidate those
entries at the all-others rate (i.e., 16.92
percent) 17 if there is no rate for the
intermediate company(ies) involved in
the transaction.18
For the companies that were not
selected for individual examination, we
the antidumping duty assessment rate
will be equal to the weighted-average
16 See 19 CFR 351.106(c)(2); see also
Antidumping Proceeding: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8103
(February 14, 2012).
17 See Raw Honey from Argentina: Final
Determination of Sales at Less Than Fair Value and
Final Affirmative Determination of Critical
Circumstances, 87 FR 22179, 22181 (April 14, 2022)
(Honey Argentina Inv. Final).
18 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
E:\FR\FM\08JYN1.SGM
08JYN1
Federal Register / Vol. 89, No. 130 / Monday, July 8, 2024 / Notices
dumping margin calculated for each
companies in the final results of this
review.
For the companies listed in Appendix
II for which we are rescinding this
review, we will instruct CBP to assess
antidumping duties on all appropriate
entries at a rate equal to the cash deposit
of estimated antidumping duties
required at the time of entry, or
withdrawal from warehouse, in
accordance with 19 CFR 351.212(c)(l)(i),
not before 35 days after the publication
date of these preliminary results.
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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) the
cash deposit rate for the companies
listed above will be equal to the
weighted-average dumping margin
established in the final results of this
review, except if the rate is de minimis
(i.e., less than 0.50 percent), in which
case the cash deposit rate will be zero;
(2) for an exporter of subject
merchandise previously reviewed or
investigated companies not covered by
this review, the cash deposit rate will
continue to be equal to the companyspecific rate published for the most
recently-completed segment of this
proceeding in which they were
examined; (3) if the exporter is not a
firm covered in this review, a prior
review, or the LTFV investigation, but
the producer is, the cash deposit rate
will continue to be equal to the rate
established for the most recentlycompleted segment of this proceeding
for the producer of the merchandise;
and (4) the cash deposit rate for all other
producers or exporters will continue to
be 16.92 percent, the all-others rate
established in the Amended Final
Determination.19
These cash deposit requirements,
when imposed, shall remain in effect
until further notice.
Final Results of Review
Unless otherwise extended,
Commerce intends to issue the final
results of this administrative review
including the results of its analysis of
issues raised in written briefs, no later
than 120 days after the date of
publication of this notice in the Federal
Register, pursuant to 751(a)(3)(A) of the
Act and 19 CFR 351.213(h)(1).
19 See Honey Argentina Inv. Final, 87 FR at
22181.
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16:22 Jul 05, 2024
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55917
Notification to Importers
DEPARTMENT OF COMMERCE
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f) to file a certificate regarding
the reimbursement of antidumping
duties prior to liquidation of the
relevant entries during this review
period. 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.
International Trade Administration
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act, 19
CFR 351.213, and 19 351.221(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
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
Appendix II
Companies for Which Commerce is
Rescinding this Review
1. Algodonera Avellaneda S.A.
2. Apicola Danangie.
3. Argentik LLC.
4. Camino de Circunvalancion y Calle.
5. Mieles Cor Pam Srl.
Appendix III
Non-Examined Companies Receiving a
Review-Specific Rate
1. Azul Agronegocios S.A.
2. Compaia Apicola Argentina S.A.
3. Compania Inversora Platense S.A.
4. Cooperativa Apicola La Colmena Ltda.
5. D’Ambros Maria de Los Angeles y
D’Ambros Maria Daniela SRL.
6. Gasrroni S.R.L.
7. Geomiel S.A.
8. Gruas San Blas S.A.
9. Honey & Grains Srl.
10. Industrial Haedo S.A.
11. Industrias Haedo S.A.
12. Naiman S.A.
13. Newsan S.A.
14. Patagonik Food S.A.,
15. Promiel Srl (Vicentin S.A.I.C.).
16. Terremare Foods S.A.S.
17. Villamora S.A.
[FR Doc. 2024–14912 Filed 7–5–24; 8:45 am]
BILLING CODE 3510–DS–P
PO 00000
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Announcement of Approved
International Trade Administration
Trade Mission
International Trade
Administration, Department of
Commerce.
SUMMARY: The United States Department
of Commerce, International Trade
Administration (ITA), is announcing
one upcoming trade mission that will be
recruited, organized, and implemented
by ITA. This mission is: Genomic and
Genetic Technologies Trade Mission to
Greece, Türkiye, and Italy on May 19–
23, 2025. A summary of the mission is
found below. Application information
and more detailed mission information,
including the commercial setting and
sector information, can be found at the
trade mission website: https://
www.trade.gov/trade-missions. For this
mission, recruitment will be conducted
in an open and public manner,
including publication in the Federal
Register, posting on the Commerce
Department trade mission calendar
(https://www.trade.gov/trade-missionsschedule) and other internet websites,
press releases to general and trade
media, direct mail, broadcast fax,
notices by industry trade associations
and other multiplier groups, and
publicity at industry meetings,
symposia, conferences, and trade shows.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Odum, Trade Events Task Force,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone (202) 482–6397 or
email Jeffrey.Odum@trade.gov.
SUPPLEMENTARY INFORMATION:
AGENCY:
The Following Conditions for
Participation Will Be Used for the
Mission
Applicants must submit a completed
and signed mission application and
supplemental application materials,
including adequate information on their
products and/or services, primary
market objectives, and goals for
participation that is adequate to allow
the Department of Commerce to
evaluate their application. If the
Department of Commerce receives an
incomplete application, the Department
may either: reject the application,
request additional information/
clarification, or take the lack of
information into account when
evaluating the application. If the
requisite minimum number of
participants is not selected for a
E:\FR\FM\08JYN1.SGM
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Agencies
[Federal Register Volume 89, Number 130 (Monday, July 8, 2024)]
[Notices]
[Pages 55915-55917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14912]
[[Page 55915]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-357-823]
Raw Honey From Argentina: Preliminary Results and Rescission, in
Part, 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 Asociaci[oacute]n De Cooperativas Argentinas
Cooperativa Limitada (ACA), and the non-individually-examined companies
for which a review was requested made sales of raw honey from Argentina
is being sold in the United States at less than normal value (NV)
during the period of review (POR), November 23, 2021, through May 31,
2023. Additionally, Commerce preliminarily determines that NEXCO S.A.
(NEXCO) did not make sales of raw honey at prices below NV during the
POR. We are also rescinding this review, in part, with respect to five
companies which had no suspended entries. We invite interested parties
to comment on these preliminary results.
DATES: Applicable July 8, 2024.
FOR FURTHER INFORMATION CONTACT: Thomas Martin or Zachary Shaykin, 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) 482-3936 or (202)
482-2638, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 10, 2022, Commerce published in the Federal Register the
antidumping duty (AD) order on raw honey from Argentina.\1\ On August
3, 2023, Commerce initiated an administrative review of the Order
covering 24 companies, in accordance with section 751(a) of the Tariff
Act of 1930, as amended (the Act).\2\ On February 13, 2024, we extended
the deadline for the preliminary results of this review to June 28,
2024.\3\
---------------------------------------------------------------------------
\1\ See Raw Honey from Argentina, Brazil, India, and the
Socialist Republic of Vietnam: Antidumping Duty Orders, 87 FR 35501
(June 10, 2022) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 51271 (August 3, 2023) (Initiation
Notice).
\3\ See Memorandum, ``Extension of Deadline for the Preliminary
Results of Antidumping Duty Administrative Review,'' dated February
13, 2024.
---------------------------------------------------------------------------
For details regarding the events that occurred subsequent to the
initiation of this review, see the Preliminary Decision Memorandum.\4\
A list of topics discussed in the Preliminary Decision Memorandum is
included in as Appendix I 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.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review of Raw Honey
from Argentina; 2021-2023,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the Order is raw honey from Argentina.
For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.
Rescission, in Part, of Administrative Review
Pursuant to 19 CFR 351.213(d)(3), Commerce will rescind an
administrative review when there are no entries of subject merchandise
during the POR for which liquidation is suspended.\5\ Normally, upon
completion of an administrative review, the suspended entries are
liquidated at the AD assessment rate calculated for the review
period.\6\ Therefore, for an administrative review of a company to be
conducted, there must be a suspended entry that Commerce can instruct
and U.S. Customs and Border Protection (CBP) to liquidate at the AD
assessment rate calculated for the POR.\7\
---------------------------------------------------------------------------
\5\ See, e.g., Large Diameter Welded Pipe from Greece:
Rescission of Antidumping Duty Administrative Review; 2022-2023, 89
FR 4274 (January 23, 2024).
\6\ See 19 CFR 351.212(b)(2).
\7\ See 19 CFR 351.213(d)(3).
---------------------------------------------------------------------------
On June 14, 2024, we notified parties of our intent to rescind this
administrative review, in part, with respect to the five companies
listed in Appendix II because there were no suspended entries of
subject merchandise produced or exported by these companies during the
POR. We invited interested parties to comment.\8\ No parties commented
on our intent to rescind the review, in part. In the absence of
suspended entries of subject merchandise from these companies during
the POR, we are rescinding, in part, the administrative review for the
companies listed in Appendix II, in accordance with 19 CFR
351.213(d)(3).
---------------------------------------------------------------------------
\8\ See Memorandum, ``Notice of Intent to Rescind Review, In
Part,'' dated June 14, 2024.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with sections
751(a)(1) and (2) of the Act. We calculated constructed export price in
accordance with section 772(b) of the Act. We calculated NV in
accordance with section 773 of the Act. For a full description of the
methodology underlying these preliminary results, see the Preliminary
Decision Memorandum.
Rate for Non-Examined Companies
The statute and Commerce's regulations do not address the
establishment of a 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 a market
economy investigation, for guidance when calculating the rate for
companies which were not selected for individual examination in an
administrative review. Under section 735(c)(5)(A) of the Act, the all-
others rate is normally ``an amount equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding any zero
or de minimis margins, and any margins determined entirely [verbar] on
the basis of facts available.'' In this review, we calculated a
weighted-average dumping margin for the two mandatory respondents, ACA
and NEXCO, of 58.34 percent and 0.00 percent, respectively, and we have
assigned to the non-selected companies a rate of 58.34 percent, which
is the rate calculated for ACA.
Preliminary Results of the Review
We preliminarily determine that the following weighted-average
dumping margins exist for the period of November 23, 2021, through May
31, 2023:
[[Page 55916]]
------------------------------------------------------------------------
Weighted-average
Producer or exporter dumping margin
(percent)
------------------------------------------------------------------------
Asociaci[oacute]n De Cooperativas Argentinas 58.34
Cooperativa Limitada................................
Nexco S.A............................................ 0.00
Review-Specific Rate for Non-Examined Companies \9\.. 58.34
------------------------------------------------------------------------
Disclosure
---------------------------------------------------------------------------
\9\ See Appendix III.
---------------------------------------------------------------------------
Commerce intends to disclose its calculations and analysis
performed for these preliminary results 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)(3) of the Act, we intend to verify
the information upon which we will rely in determining our final
results of review with respect to the mandatory respondents, ACA and
NEXCO.
Public Comment
As stated below, Commerce intends to verify the information upon
which it will rely in making its final determination. Interested
parties may submit case briefs within seven days after issuance of the
last verification report. Rebuttal briefs, limited to issues raised in
case briefs, may be filed no later than five days after the date for
filing case briefs.\10\ Interested parties who submit case briefs or
rebuttal briefs in this proceeding must submit: (1) a table of contents
listing each issue; and (2) a table of authorities.\11\
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\10\ 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) (APO and Service Procedures).
\11\ See 19 CFR 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 brief 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.\12\ Further,
we request that interested parties limit their public executive summary
of each issue to no more than 450 words, no 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).\13\
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\12\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\13\ See APO and Service Procedures.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain:
(1) party's name, address, and telephone number; (2) the number of
participants; and (3) a list of the issues to be discussed. Oral
presentations at the hearing will be limited to issues raised in the
briefs. If a request for a hearing is made, parties will be notified of
the time and date for the hearing.\14\
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\14\ See 19 CFR 351.310(d).
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Assessment Rates
Upon completion of this administrative review, Commerce shall
determine, and CBP shall assess, antidumping duties on all appropriate
entries. The final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
this review and for future deposits of estimated duties, where
applicable.\15\ 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).
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\15\ See section 751(a)(2)(C) of the Act.
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For an individually examined respondent whose weighted-average
dumping margin is not zero or de minimis (i.e., less than 0.50
percent), upon completion of the final results, Commerce intends to
calculate importer-specific AD assessment rates on the basis of the
ratio of the total amount of dumping calculated for each importer's
examined sales to the total entered value of those sales. Pursuant to
19 CFR 351.212(b)(1), neither ACA nor NEXCO reported actual entered
value for all of its U.S. sales; in such instances, we calculated
importer-specific per-unit duty assessment rates by aggregating the
importer's amount of dumping calculated for the examined sales and
dividing this amount by the total quantity of those sales. to consider
whether the importer-specific assessment rate is de minimis, we
estimated the enter value for each U.S. sales and calculated an
estimated ad valorem importer-specific assessment rate as the
importer's aggregated amount of dumping divided by the estimated entry
value of those sales. Where either a respondent's weighted-average
dumping margin is zero or de minimis, or an importer-specific estimated
ad valorem assessment rate is zero or de minimis, we intend to instruct
CBP to liquidate appropriate entries without regard to antidumping
duties.\16\
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\16\ See 19 CFR 351.106(c)(2); see also Antidumping Proceeding:
Calculation of the Weighted-Average Dumping Margin and Assessment
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR
8101, 8103 (February 14, 2012).
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Commerce's ``automatic assessment'' practice will apply to entries
of subject merchandise during the POR produced by ACA or NEXCO for
which it did not know that the merchandise it sold to an intermediary
(e.g., a reseller, trading company, or exporter) was destined for the
United States. In such instances, we will instruct CBP to liquidate
those entries at the all-others rate (i.e., 16.92 percent) \17\ if
there is no rate for the intermediate company(ies) involved in the
transaction.\18\
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\17\ See Raw Honey from Argentina: Final Determination of Sales
at Less Than Fair Value and Final Affirmative Determination of
Critical Circumstances, 87 FR 22179, 22181 (April 14, 2022) (Honey
Argentina Inv. Final).
\18\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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For the companies that were not selected for individual
examination, we the antidumping duty assessment rate will be equal to
the weighted-average
[[Page 55917]]
dumping margin calculated for each companies in the final results of
this review.
For the companies listed in Appendix II for which we are rescinding
this review, we will instruct CBP to assess antidumping duties on all
appropriate entries at a rate equal to the cash deposit of estimated
antidumping duties required at the time of entry, or withdrawal from
warehouse, in accordance with 19 CFR 351.212(c)(l)(i), not before 35
days after the publication date of these preliminary results.
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) the cash deposit rate for the companies
listed above will be equal to the weighted-average dumping margin
established in the final results of this review, except if the rate is
de minimis (i.e., less than 0.50 percent), in which case the cash
deposit rate will be zero; (2) for an exporter of subject merchandise
previously reviewed or investigated companies not covered by this
review, the cash deposit rate will continue to be equal to the company-
specific rate published for the most recently-completed segment of this
proceeding in which they were examined; (3) if the exporter is not a
firm covered in this review, a prior review, or the LTFV investigation,
but the producer is, the cash deposit rate will continue to be equal to
the rate established for the most recently-completed segment of this
proceeding for the producer of the merchandise; and (4) the cash
deposit rate for all other producers or exporters will continue to be
16.92 percent, the all-others rate established in the Amended Final
Determination.\19\
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\19\ See Honey Argentina Inv. Final, 87 FR at 22181.
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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review including the results of its
analysis of issues raised in written briefs, no later than 120 days
after the date of publication of this notice in the Federal Register,
pursuant to 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. 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
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR 351.213, and 19
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
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
Appendix II
Companies for Which Commerce is Rescinding this Review
1. Algodonera Avellaneda S.A.
2. Apicola Danangie.
3. Argentik LLC.
4. Camino de Circunvalancion y Calle.
5. Mieles Cor Pam Srl.
Appendix III
Non-Examined Companies Receiving a Review-Specific Rate
1. Azul Agronegocios S.A.
2. Compaia Apicola Argentina S.A.
3. Compania Inversora Platense S.A.
4. Cooperativa Apicola La Colmena Ltda.
5. D'Ambros Maria de Los Angeles y D'Ambros Maria Daniela SRL.
6. Gasrroni S.R.L.
7. Geomiel S.A.
8. Gruas San Blas S.A.
9. Honey & Grains Srl.
10. Industrial Haedo S.A.
11. Industrias Haedo S.A.
12. Naiman S.A.
13. Newsan S.A.
14. Patagonik Food S.A.,
15. Promiel Srl (Vicentin S.A.I.C.).
16. Terremare Foods S.A.S.
17. Villamora S.A.
[FR Doc. 2024-14912 Filed 7-5-24; 8:45 am]
BILLING CODE 3510-DS-P