Raw Honey From the Socialist Republic of Vietnam: Final Results of Antidumping Duty Changed Circumstances Review, 64411-64412 [2024-17418]
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Federal Register / Vol. 89, No. 152 / Wednesday, August 7, 2024 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
Customs and Border Protection (CBP) and/or
the U.S. Department of Commerce
(Commerce) with this certification, and any
supporting documents, upon request of either
agency.
(I) I understand that the claims made
herein, and the substantiating
documentation, are subject to verification by
CBP and/or Commerce.
(J) I understand that failure to maintain the
required certification and supporting
documentation, or failure to substantiate the
claims made herein, or not allowing CBP
and/or Commerce to verify the claims made
herein, may result in a de facto
determination that all sales to which this
certification applies are within the scope of
the antidumping duty order and
countervailing duty order on AWC from
China. I understand that such a finding will
result in:
(i) suspension of all unliquidated entries
(and entries for which liquidation has not
become final) for which these requirements
were not met;
(ii) the importer being required to post the
cash deposits determined by Commerce; and
(iii) the seller/exporter no longer being
allowed to participate in the certification
process.
(K) I understand that agents of the seller/
exporter, such as freight forwarding
companies or brokers, are not permitted to
make this certification.
(L) This certification was completed and
signed, and a copy of the certification was
provided to the importer, on, or prior to, the
date of shipment if the shipment date is more
than 14 days after the date of publication of
the notice of Commerce’s preliminary
determination of circumvention in the
Federal Register. If the shipment date is on
or before the 14th day after the date of
publication of the notice of Commerce’s
preliminary determination of circumvention
in the Federal Register, this certification was
completed and signed, and a copy of the
certification was provided to the importer, by
no later than 45 days after publication of the
notice of Commerce’s preliminary
determination of circumvention in the
Federal Register.
(M) I am aware that U.S. law (including,
but not limited to, 18 U.S.C. 1001) imposes
criminal sanctions on individuals who
knowingly and willfully make material false
statements to the U.S. government.
Signature
{NAME OF COMPANY OFFICIAL}
{TITLE OF COMPANY OFFICIAL}
{DATE}
[FR Doc. 2024–17473 Filed 8–6–24; 8:45 am]
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–833]
Raw Honey From the Socialist
Republic of Vietnam: Final Results of
Antidumping Duty Changed
Circumstances Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) finds the
Socialist Republic of Vietnam (Vietnam)
remains a non-market economy (NME)
country for purposes of U.S.
antidumping duty (AD) law due to the
sustained and pervasive government
influence over its country’s economic
activities.
AGENCY:
DATES:
Applicable August 7, 2024.
FOR FURTHER INFORMATION CONTACT:
Chien-Min Yang, Office of Policy,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–5484.
SUPPLEMENTARY INFORMATION:
Background
Commerce determined that Vietnam
was an NME country under the U.S. AD
law in 2002. Since then, Commerce has
consistently treated Vietnam as an NME
in all AD investigations and
administrative reviews involving
imported products from Vietnam.
On September 8, 2023, the
Government of Vietnam (GOVN)
submitted a letter to Commerce
requesting a review of Vietnam’s status
as an NME country within the context
of a changed circumstances review
(CCR) of the AD order on raw honey
from Vietnam.1 In response, Commerce
initiated a NME CCR and published the
initiation in the Federal Register on
October 30, 2023.2 This review
examines whether Vietnam remains an
NME country for purposes of the AD
law, in accordance with sections 751(b)
and 771(18)(C)(ii) of the Tariff Act of
1930, as amended (the Act).
To ensure full public and interested
party participation in this inquiry,
Commerce invited public comment on
Vietnam’s economic status as an NME
country. All comments and rebuttal
BILLING CODE 3510–DS–P
1 See GOVN’s Letter, ‘‘Request for the U.S.
Commerce to Initiate a Changed Circumstances
Review,’’ dated September 8, 2023.
2 See Raw Honey from the Socialist Republic of
Vietnam: Initiation of Antidumping Duty Changed
Circumstances Review, 88 FR 74152 (October 30,
2023).
VerDate Sep<11>2014
17:07 Aug 06, 2024
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64411
comments were received by December
21, 2023, and February 1, 2024,
respectively. Invitations for comments,
along with the comments and rebuttal
comments themselves, have remained
accessible using the Federal
eRulemaking portal at https://
www.regulations.gov under Docket
Number ITA–2023–0010.
On March 8, 2024, Commerce
received new factual information from
several domestic industries claiming
that the GOVN submitted false
statements and omitted material facts
regarding Vietnam’s alleged reforms in
the context of the ongoing review of
Vietnam’s status as an NME country.3
Given that Commerce has the inherent
authority to protect the integrity of its
proceedings, it accepted the alleged
information as part of the administrative
record and allowed all other interested
parties as well as the public to comment
on these allegations until April 5, 2024.4
On May 8, 2024, Commerce also held
a public hearing regarding the CCR of
Vietnam’s status as an NME country.5
This hearing allowed the interested
parties and the general public who
participated in the proceeding to
express their views.
Analysis of Comments Received
Commerce’s analysis of the issues
raised by parties to this CCR regarding
Vietnam’s status as a non-market
economy country is included in the
NME Analysis Memorandum.6 The
NME Analysis Memorandum is a public
document 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 NME Analysis
Memorandum can be accessed directly
3 See Domestic Interested Parties’ Letter, ‘‘Raw
Honey from the Socialist Republic of VietnamComments on the Government of Vietnam’s False
Statements and Material Omissions,’’ dated March
8, 2024. The domestic interested parties are: Catfish
Farmers of America and individual U.S. catfish
processors America’s Catch, Inc., Alabama Catfish,
LLC d/b/a Harvest Select Catfish, Inc., Consolidated
Catfish Companies, LLC d/b/a Country Select
Catfish, Delta Pride Catfish, Inc., Guidry’s Catfish,
Inc., Heartland Catfish Company, Magnolia
Processing, Inc. d/b/a Pride of the Pond, and
Simmons Farm raised Catfish, Inc.
4 See Memorandum, ‘‘Changed Circumstances
Review of the Socialist Republic of Vietnam’s
Status as a Non-market Economy Country:
Extension of Time to File Rebuttal Comments,’’
dated March 29, 2024.
5 See Hearing Transcript, ‘‘Public Hearing,’’ dated
May 8, 2024.
6 See Memorandum, ‘‘Review of Vietnam’s Status
as a Non-market Economy Country,’’ dated
concurrently with this notice (NME Analysis
Memorandum).
E:\FR\FM\07AUN1.SGM
07AUN1
64412
Federal Register / Vol. 89, No. 152 / Wednesday, August 7, 2024 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Final Results of Changed
Circumstances Review
This CCR was conducted pursuant to
section 771(18)(A) of the Act, which
defines the term ‘‘non-market economy
country’’ as a foreign country
determined by Commerce not to
‘‘operate on market principles of cost or
pricing structures, so that sales of
merchandise in such country do not
reflect the fair value of the
merchandise.’’ Section 771(18)(B) of the
Act lists six factors Commerce must
consider in any inquiry made under
section 771(18)(A) of the Act, and under
section 771(18)(C)(i) of the Act, a
country’s NME status remains in effect
until revoked.
Section 771(18)(B) of the Act requires
that Commerce take into account: (1) the
extent to which the currency of the
foreign country is convertible into the
currency of other countries; (2) the
extent to which wage rates in the foreign
country are determined by foreign
bargaining between labor and
management; (3) the extent to which
joint ventures or other investments by
firms of other foreign countries are
permitted in the foreign country; (4) the
extent of government ownership or
control of the means of production; (5)
the extent of government control over
the allocation of resources and over the
price and output decisions of
enterprises; and (6) such other factors as
the administering authority (i.e.,
Commerce) considers appropriate.
Since Commerce’s Vietnam NME
Determination (2002),7 the GOVN has
undertaken notable market-oriented
reforms to promote the development of
a more market-based economic system.
These reforms have helped make its
national currency, the dong, more
readily convertible, increased Vietnam’s
openness to foreign investment, and
gradually reduced government
ownership over the means of production
within the economy.
Despite these market-oriented
reforms, the GOVN remains entrenched
in many aspects of the Vietnamese
economy. The State Bank of Vietnam is
still not independent and continues to
intervene in the foreign exchange
market to influence the value of the
dong. Labor unions remain dominated
by the state-controlled Vietnam General
Confederation of Labor, hindering
genuine collective bargaining and
ultimately creating conditions for
suppressed wages and labor costs.
Although Vietnam has taken steps to
make its overall foreign direct
investment environment more
attractive, market access barriers,
regulatory transparency, and restrictions
on corporate control and foreign
ownership persist.
In addition to the above referenced
points, Vietnam’s economy is still
characterized by significant state
ownership and control over the means
of production, most notably over
companies and land. The GOVN
continues to play a significant role over
the pricing and allocation of credit in
Vietnam. State-owned enterprises (SOE)
command a disproportionate amount of
lending credit, among other structural
advantages, despite the SOE’s relatively
low efficiency levels compared to their
private-sector counterparts. The GOVN
also uses state-directed planning to
communicate its objectives for the
economy in terms of business outcomes
and resource allocations, and pervasive
government price controls continue to
influence final prices of goods in
Vietnam. Finally, the Communist Party
of Vietnam’s influence over the judicial
system and persistent challenges with
corruption continue to undermine some
of Vietnam’s reform initiatives.
In sum, while Vietnam has
implemented notable market-oriented
reforms, the extent of government
involvement in the economy continues
to distort market conditions, rendering
Vietnamese prices and costs unusable
for U.S. antidumping duty calculations.
Therefore, based on the totality of the
six factors analyzed, Commerce
determines that Vietnam remains a nonmarket economy for purposes of U.S.
AD law.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 751(b) and
771(18)(C)(ii) of the Act.
Dated: August 1, 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.
[FR Doc. 2024–17418 Filed 8–6–24; 8:45 am]
BILLING CODE 3510–DS–P
7 See Memorandum, ‘‘Antidumping Duty
Investigation of Certain Frozen Fish Fillets from the
Socialist Republic of Vietnam—Determination of
Market Economy Status,’’ dated November 8, 2002
(Commerce Vietnam NME Determination (2002)).
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XE167]
International Whaling Commission;
69th Meeting; Announcement of Public
Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meeting.
AGENCY:
This notice announces the
date, time, and access information of the
public meeting being held, in a virtual
format, prior to the 69th meeting of the
International Whaling Commission
(IWC). The meeting is open to U.S.
citizens only.
DATES: The public meeting will be held
August 26, 2024, at 3 p.m. EDT.
ADDRESSES: The meeting will be held in
a virtual/online format. Attendees must
register in advance to attend the public
meeting at the following link: https://
noaanmfs-meets.webex.com/weblink/
register/
r938f01ef8632b12ac92ef60c5ba811f2.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Madison Harris, Madison.Harris@
noaa.gov or (301) 427–8371.
SUPPLEMENTARY INFORMATION: The
Secretary of Commerce is responsible
for implementing the domestic
obligations of the United States under
the International Convention for the
Regulation of Whaling, 1946. The U.S.
IWC Commissioner has responsibility
for the preparation and negotiation of
U.S. positions on international issues
concerning whaling and for all matters
involving the IWC. The U.S. IWC
Commissioner is staffed by the
Department of Commerce and assisted
by the Department of State, the Marine
Mammal Commission, and other U.S.
Government agencies.
The IWC will hold its 69th meeting in
Lima, Peru on September 23–27, 2024.
Additional information about the IWC
meeting, including a draft agenda for the
meeting, is posted on the IWC
Secretariat’s website at https://iwc.int/
events-and-workshops/iwc69-2024.
NOAA will hold a public meeting on
August 26, 2024, to discuss the tentative
U.S. positions for the September 2024
IWC meeting. Any U.S. citizen with an
identifiable interest in U.S. whale
conservation and management policy
may participate, but NOAA reserves the
authority to inquire about the interests
of any person who appears at the
meeting and determine the
E:\FR\FM\07AUN1.SGM
07AUN1
]]>Agencies
[Federal Register Volume 89, Number 152 (Wednesday, August 7, 2024)]
[Notices]
[Pages 64411-64412]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17418]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-833]
Raw Honey From the Socialist Republic of Vietnam: Final Results
of Antidumping Duty Changed Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) finds the Socialist
Republic of Vietnam (Vietnam) remains a non-market economy (NME)
country for purposes of U.S. antidumping duty (AD) law due to the
sustained and pervasive government influence over its country's
economic activities.
DATES: Applicable August 7, 2024.
FOR FURTHER INFORMATION CONTACT: Chien-Min Yang, Office of Policy,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-5484.
SUPPLEMENTARY INFORMATION:
Background
Commerce determined that Vietnam was an NME country under the U.S.
AD law in 2002. Since then, Commerce has consistently treated Vietnam
as an NME in all AD investigations and administrative reviews involving
imported products from Vietnam.
On September 8, 2023, the Government of Vietnam (GOVN) submitted a
letter to Commerce requesting a review of Vietnam's status as an NME
country within the context of a changed circumstances review (CCR) of
the AD order on raw honey from Vietnam.\1\ In response, Commerce
initiated a NME CCR and published the initiation in the Federal
Register on October 30, 2023.\2\ This review examines whether Vietnam
remains an NME country for purposes of the AD law, in accordance with
sections 751(b) and 771(18)(C)(ii) of the Tariff Act of 1930, as
amended (the Act).
---------------------------------------------------------------------------
\1\ See GOVN's Letter, ``Request for the U.S. Commerce to
Initiate a Changed Circumstances Review,'' dated September 8, 2023.
\2\ See Raw Honey from the Socialist Republic of Vietnam:
Initiation of Antidumping Duty Changed Circumstances Review, 88 FR
74152 (October 30, 2023).
---------------------------------------------------------------------------
To ensure full public and interested party participation in this
inquiry, Commerce invited public comment on Vietnam's economic status
as an NME country. All comments and rebuttal comments were received by
December 21, 2023, and February 1, 2024, respectively. Invitations for
comments, along with the comments and rebuttal comments themselves,
have remained accessible using the Federal eRulemaking portal at
https://www.regulations.gov under Docket Number ITA-2023-0010.
On March 8, 2024, Commerce received new factual information from
several domestic industries claiming that the GOVN submitted false
statements and omitted material facts regarding Vietnam's alleged
reforms in the context of the ongoing review of Vietnam's status as an
NME country.\3\ Given that Commerce has the inherent authority to
protect the integrity of its proceedings, it accepted the alleged
information as part of the administrative record and allowed all other
interested parties as well as the public to comment on these
allegations until April 5, 2024.\4\
---------------------------------------------------------------------------
\3\ See Domestic Interested Parties' Letter, ``Raw Honey from
the Socialist Republic of Vietnam- Comments on the Government of
Vietnam's False Statements and Material Omissions,'' dated March 8,
2024. The domestic interested parties are: Catfish Farmers of
America and individual U.S. catfish processors America's Catch,
Inc., Alabama Catfish, LLC d/b/a Harvest Select Catfish, Inc.,
Consolidated Catfish Companies, LLC d/b/a Country Select Catfish,
Delta Pride Catfish, Inc., Guidry's Catfish, Inc., Heartland Catfish
Company, Magnolia Processing, Inc. d/b/a Pride of the Pond, and
Simmons Farm raised Catfish, Inc.
\4\ See Memorandum, ``Changed Circumstances Review of the
Socialist Republic of Vietnam's Status as a Non-market Economy
Country: Extension of Time to File Rebuttal Comments,'' dated March
29, 2024.
---------------------------------------------------------------------------
On May 8, 2024, Commerce also held a public hearing regarding the
CCR of Vietnam's status as an NME country.\5\ This hearing allowed the
interested parties and the general public who participated in the
proceeding to express their views.
---------------------------------------------------------------------------
\5\ See Hearing Transcript, ``Public Hearing,'' dated May 8,
2024.
---------------------------------------------------------------------------
Analysis of Comments Received
Commerce's analysis of the issues raised by parties to this CCR
regarding Vietnam's status as a non-market economy country is included
in the NME Analysis Memorandum.\6\ The NME Analysis Memorandum is a
public document 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 NME Analysis
Memorandum can be accessed directly
[[Page 64412]]
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\6\ See Memorandum, ``Review of Vietnam's Status as a Non-market
Economy Country,'' dated concurrently with this notice (NME Analysis
Memorandum).
---------------------------------------------------------------------------
Final Results of Changed Circumstances Review
This CCR was conducted pursuant to section 771(18)(A) of the Act,
which defines the term ``non-market economy country'' as a foreign
country determined by Commerce not to ``operate on market principles of
cost or pricing structures, so that sales of merchandise in such
country do not reflect the fair value of the merchandise.'' Section
771(18)(B) of the Act lists six factors Commerce must consider in any
inquiry made under section 771(18)(A) of the Act, and under section
771(18)(C)(i) of the Act, a country's NME status remains in effect
until revoked.
Section 771(18)(B) of the Act requires that Commerce take into
account: (1) the extent to which the currency of the foreign country is
convertible into the currency of other countries; (2) the extent to
which wage rates in the foreign country are determined by foreign
bargaining between labor and management; (3) the extent to which joint
ventures or other investments by firms of other foreign countries are
permitted in the foreign country; (4) the extent of government
ownership or control of the means of production; (5) the extent of
government control over the allocation of resources and over the price
and output decisions of enterprises; and (6) such other factors as the
administering authority (i.e., Commerce) considers appropriate.
Since Commerce's Vietnam NME Determination (2002),\7\ the GOVN has
undertaken notable market-oriented reforms to promote the development
of a more market-based economic system. These reforms have helped make
its national currency, the dong, more readily convertible, increased
Vietnam's openness to foreign investment, and gradually reduced
government ownership over the means of production within the economy.
---------------------------------------------------------------------------
\7\ See Memorandum, ``Antidumping Duty Investigation of Certain
Frozen Fish Fillets from the Socialist Republic of Vietnam--
Determination of Market Economy Status,'' dated November 8, 2002
(Commerce Vietnam NME Determination (2002)).
---------------------------------------------------------------------------
Despite these market-oriented reforms, the GOVN remains entrenched
in many aspects of the Vietnamese economy. The State Bank of Vietnam is
still not independent and continues to intervene in the foreign
exchange market to influence the value of the dong. Labor unions remain
dominated by the state-controlled Vietnam General Confederation of
Labor, hindering genuine collective bargaining and ultimately creating
conditions for suppressed wages and labor costs. Although Vietnam has
taken steps to make its overall foreign direct investment environment
more attractive, market access barriers, regulatory transparency, and
restrictions on corporate control and foreign ownership persist.
In addition to the above referenced points, Vietnam's economy is
still characterized by significant state ownership and control over the
means of production, most notably over companies and land. The GOVN
continues to play a significant role over the pricing and allocation of
credit in Vietnam. State-owned enterprises (SOE) command a
disproportionate amount of lending credit, among other structural
advantages, despite the SOE's relatively low efficiency levels compared
to their private-sector counterparts. The GOVN also uses state-directed
planning to communicate its objectives for the economy in terms of
business outcomes and resource allocations, and pervasive government
price controls continue to influence final prices of goods in Vietnam.
Finally, the Communist Party of Vietnam's influence over the judicial
system and persistent challenges with corruption continue to undermine
some of Vietnam's reform initiatives.
In sum, while Vietnam has implemented notable market-oriented
reforms, the extent of government involvement in the economy continues
to distort market conditions, rendering Vietnamese prices and costs
unusable for U.S. antidumping duty calculations. Therefore, based on
the totality of the six factors analyzed, Commerce determines that
Vietnam remains a non-market economy for purposes of U.S. AD law.
Notification to Interested Parties
This notice is issued and published in accordance with sections
751(b) and 771(18)(C)(ii) of the Act.
Dated: August 1, 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.
[FR Doc. 2024-17418 Filed 8-6-24; 8:45 am]
BILLING CODE 3510-DS-P
