Raw Honey from Ukraine: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures

CourtInternational Trade Administration
Citation86 FR 66524
Publication Date23 November 2021
Record Number2021-25594
66524
Federal Register / Vol. 86, No. 223 / Tuesday, November 23, 2021 / Notices
1
See Raw Honey from Argentina, Brazil, India,
Ukraine, and the Socialist Republic of Vietnam:
Initiation of Less-Than-Fair-Value Investigations, 86
FR 26897 (May 18, 2021) (Initiation Notice).
2
See Raw Honey from Argentina, Brazil, India,
Ukraine, and the Socialist Republic of Vietnam:
Postponement of Preliminary Determinations in the
Less-Than-Fair-Value Investigations, 86 FR 47624
(August 26, 2021).
3
See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-Than-
Fair-Value Investigation of Raw Honey from
Ukraine,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
4
See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5
See Initiation Notice.
Affected Public: Business or other for-
profit organizations.
Estimated Number of Respondents:
41,128.
Estimated Time per Response: 1 hour.
Estimated Total Annual Burden
Hours: 41,128.
Estimated Total Annual Cost to
Public: 0.
Respondent’s Obligation: Voluntary.
Legal Authority: Section 232 of the
Trade Expansion Act of 1962,
Presidential Proclamations 9704 and
9705.
IV. Request for Comments
We are soliciting public comments to
permit the Department/Bureau to: (a)
Evaluate whether the proposed
information collection is necessary for
the proper functions of the Department,
including whether the information will
have practical utility; (b) Evaluate the
accuracy of our estimate of the time and
cost burden for this proposed collection,
including the validity of the
methodology and assumptions used; (c)
Evaluate ways to enhance the quality,
utility, and clarity of the information to
be collected; and (d) Minimize the
reporting burden on those who are to
respond, including the use of automated
collection techniques or other forms of
information technology.
Comments that you submit in
response to this notice are a matter of
public record. We will include or
summarize each comment in our request
to OMB to approve this ICR. Before
including your address, phone number,
email address, or other personal
identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you may ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Chief Information Officer, Commerce
Department.
[FR Doc. 2021–25595 Filed 11–22–21; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–823–820]
Raw Honey from Ukraine: Preliminary
Affirmative Determination of Sales at
Less Than Fair Value, Postponement
of Final Determination, and Extension
of Provisional Measures
AGENCY
: Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY
: The Department of Commerce
(Commerce) preliminarily determines
that raw honey from Ukraine is being,
or is likely to be, sold in the United
States at less than fair value. The period
of investigation is April 1, 2020, through
March 31, 2021. Interested parties are
invited to comment on this preliminary
determination.
DATES
: Applicable November 23, 2021.
FOR FURTHER INFORMATION CONTACT
:
Jasun Moy, AD/CVD Operations, Office
V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–8194.
SUPPLEMENTARY INFORMATION
:
Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on May 18, 2021.
1
On August 26, 2021,
Commerce postponed the preliminary
determination of this investigation, and
the revised deadline is now November
17, 2021.
2
For a complete description of
the events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.
3
A list of topics
included in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Investigation
The product covered by this
investigation is raw honey from
Ukraine. For a complete description of
the scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the preamble to
Commerce’s regulations,
4
the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).
5
No interested
party commented on the scope of the
investigation as it appeared in the
Initiation Notice. Therefore, Commerce
is not preliminarily modifying the scope
language as it appeared in the Initiation
Notice. See the scope in Appendix I to
this notice.
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Commerce has
calculated export prices in accordance
with section 772(a) of the Act. Normal
value is calculated in accordance with
section 773 of the Act. Furthermore,
pursuant to section 776(a) and (b) of the
Act, Commerce has preliminarily relied
upon facts otherwise available with
adverse inferences to determine the
estimated weighted-average dumping
margin for the non-participating
mandatory respondents, i.e., Honey Bee
Trade Sp Zo O (Honey Bee), Kuyumcu
Tarim Urunleri Ltd. (Kuyumcu), and
LLC UDJV With FI Bezpeka Medu
(Bezpeka). For a full description of the
methodology underlying the
preliminary determination, see the
Preliminary Decision Memorandum.
All-Others Rate
Section 733(d)(1)(A)(ii) of the Act
provides that in the preliminary
determination Commerce shall
determine an estimated all-others rate
for all exporters and producers not
individually examined. Pursuant to
section 735(c)(5)(A) of the Act, this rate
shall be an amount equal to the
weighted average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated, excluding any
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66525
Federal Register / Vol. 86, No. 223 / Tuesday, November 23, 2021 / Notices
6
Commerce preliminarily determines that LLC
Sodrujestvo and Umoks are a single entity. For a
complete discussion, see Memorandum,
‘‘Preliminary Affiliation and Collapsing
Memorandum for LLC GC Sodrujestvo,’’ dated
concurrently with this memorandum.
7
Commerce preliminarily determines that LLC
Sodrujestvo and Umoks are a single entity. See
Preliminary Decision Memorandum.
8
See 19 CFR 351.309; and 19 CFR 351.303 (for
general filing requirements).
9
See Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19, 85 FR 17006
(March 26, 2020); and Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID–19;
Extension of Effective Period, 85 FR 41363 (July 10,
2020).
10
See Sodrujestvo’s Letter, ‘‘Response for
Postponement of Final Antidumping
Determination,’’ dated October 27, 2021.
zero and de minimis margins, and any
margins determined entirely under
section 776 of the Act.
In this investigation, Commerce
calculated an individual estimated
weighted-average dumping margin for
LLC GC Sodrujestvo (LLC Sodrujestvo)
and Umoks GmbH (Umoks), LLC
Sodrujestvo’s affiliated exporter
(collectively, Sodrujestvo)
6
that is not
zero, de minimis, or based entirely on
facts otherwise available. Additionally,
Commerce preliminarily determined
that the estimated weighted-average
dumping margin for Bezpeka, Honey
Bee, and Kuyumcu is based entirely
under section 776 of the Act. Therefore,
for purposes of determining the all-
others rate, and pursuant to section
735(c)(5)(A) of the Act, we are using the
dumping margin calculated for
Sodrujestvo, which is not zero, de
minimis, or determined entirely under
section 776 of the Act.
Preliminary Determination
Commerce preliminarily determines
that the following estimated weighted-
average dumping margins exist:
Exporter/producer
Estimated
weighted-
average
dumping
margin
(percent)
LLC GC Sodrujestvo/Umoks
GmbH
7
.................................... 18.68
Honey Bee Trade Sp Zo O ........ 32.45
Kuyumcu Tarim Urunleri Ltd ...... 32.45
LLC UDJV With FI Bezpeka
Medu ....................................... 32.45
All Others .................................... 18.68
Suspension of Liquidation
In accordance with section 733(d)(2)
of the Act, Commerce will direct U.S.
Customs and Border Protection (CBP) to
suspend liquidation of entries of subject
merchandise, as described in Appendix
I, entered, or withdrawn from
warehouse, for consumption on or after
the date of publication of this notice in
the Federal Register.
Further, pursuant to section
733(d)(1)(B) of the Act and 19 CFR
351.205(d), Commerce will instruct CBP
to require a cash deposit equal to the
estimated weighted-average dumping
margin or the estimated all-others rate,
as follows: (1) The cash deposit rate for
the respondents listed above will be
equal to the company-specific estimated
weighted-average dumping margins
determined in this preliminary
determination; (2) if the exporter is not
a respondent identified above, but the
producer is, then the cash deposit rate
will be equal to the company-specific
estimated weighted-average dumping
margin established for that producer of
the subject merchandise; and (3) the
cash deposit rate for all other producers
and exporters will be equal to the all-
others estimated weighted-average
dumping margin.
These suspension of liquidation
instructions will remain in effect until
further notice.
Disclosure
Commerce intends to disclose its
calculations and analysis performed to
interested parties in this preliminary
determination within five days of any
public announcement or, if there is no
public announcement, within five days
of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the
Act, Commerce intends to verify the
information relied upon in making its
final determination. Normally,
Commerce verifies information using
standard procedures, including an on-
site examination of original accounting,
financial, and sales documentation.
However, due to current travel
restrictions in response to the global
COVID–19 pandemic, Commerce is
unable to conduct on-site verification in
this investigation. Accordingly, we
intend to verify the information relied
upon in making the final determination
through alternative means in lieu of an
on-site verification.
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance. A timeline for the
submission of case briefs and written
comments will be notified to interested
parties at a later date. Rebuttal briefs,
limited to issues raised in case briefs,
may be submitted no later than seven
days after the deadline date for case
briefs.
8
Note that Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.
9
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs in this investigation are
encouraged to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, within 30 days after the date
of publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, Commerce
intends to hold the hearing at a time and
date to be determined. Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date.
Postponement of Final Determination
and Extension of Provisional Measures
Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
preliminary determination if, in the
event of an affirmative preliminary
determination, a request for such
postponement is made by exporters who
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by the petitioner.
Section 351.210(e)(2) of Commerce’s
regulations requires that a request by
exporters for postponement of the final
determination be accompanied by a
request for extension of provisional
measures from a four-month period to a
period not more than six months in
duration.
On October 27, 2021, pursuant to 19
CFR 351.210(e), Sodrujestvo requested
that Commerce postpone the final
determination and that provisional
measures be extended to a period not to
exceed six months.
10
In accordance with
section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii), because: (1) The
preliminary determination is
affirmative; (2) the requesting exporter
accounts for a significant proportion of
exports of the subject merchandise; and
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66526
Federal Register / Vol. 86, No. 223 / Tuesday, November 23, 2021 / Notices
1
See Raw Honey from Argentina, Brazil, India,
Ukraine, and the Socialist Republic of Vietnam:
Initiation of Less-Than-Fair-Value Investigations, 86
FR 26897 (May 18, 2021) (Initiation Notice).
2
See Raw Honey from Argentina, Brazil, India,
Ukraine, and the Socialist Republic of Vietnam:
Postponement of Preliminary Determinations in the
Less-Than-Fair-Value Investigations, 86 FR 47624
(August 26, 2021).
3
See Memorandum, ‘‘Raw Honey from the
Socialist Republic of Vietnam: Decision
Memorandum for Preliminary Affirmative
Determination of Sales at Less Than Fair Value,’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
4
See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5
See Initiation Notice.
6
See Initiation Notice, 86 FR at 26901.
7
See Enforcement and Compliance’s Policy
Bulletin No. 05.1, regarding, ‘‘Separate-Rates
Practice and Application of Combination Rates in
Antidumping Investigations involving Non-Market
(3) no compelling reasons for denial
exist, Commerce is postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, Commerce will
make its final determination no later
than 135 days after the date of
publication of this preliminary
determination.
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its preliminary determination. If the
final determination is affirmative, then
the ITC will determine before the later
of 120 days after the date of this
preliminary determination or 45 days
after the final determination whether
these imports are materially injuring, or
threaten material injury to, the U.S.
industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act, and 19
CFR 351.205(c).
Dated: November 17, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, Performing the Non-Exclusive
Functions and Duties of the Assistant
Secretary for Enforcement and Compliance.
Appendix I—Scope of the Investigation
The merchandise covered by this
investigation is raw honey. Raw honey is
honey as it exists in the beehive or as
obtained by extraction, settling and
skimming, or coarse straining. Raw honey
has not been filtered to a level that results in
the removal of most or all of the pollen, e.g.,
a level that removes pollen to below 25
microns. The subject products include all
grades, floral sources and colors of raw honey
and also include organic raw honey.
Excluded from the scope is any honey that
is packaged for retail sale (e.g., in bottles or
other retail containers of five (5) lbs. or less).
The merchandise subject to this
investigation is currently classifiable under
statistical subheading 0409.00.0005,
0409.00.0035, 0409.00.0045, 0409.00.0056,
and 0409.00.0065 of the Harmonized Tariff
Schedule of the United States (HTSUS).
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
scope of this investigation is dispositive.
Appendix II—List of Topics Discussed
in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Affiliation and Single Entity Treatment
V. Application of Facts Available and Use of
Adverse Inferences
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2021–25594 Filed 11–22–21; 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
Affirmative Determination of Sales at
Less Than Fair Value, Postponement
of Final Determination, and Extension
of Provisional Measures
AGENCY
: Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY
: The Department of Commerce
(Commerce) preliminarily determines
that raw honey from the Socialist
Republic of Vietnam (Vietnam) is being,
or is likely to be, sold in the United
States at less than fair value (LTFV). The
period of investigation is October 1,
2020, through March 31, 2021.
Interested parties are invited to
comment on this preliminary
determination.
DATES
: Applicable November 23, 2021.
FOR FURTHER INFORMATION CONTACT
:
Jonathan Hill or Paola Aleman Ordaz,
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) 482–3518 or
(202) 482–4031, respectively.
SUPPLEMENTARY INFORMATION
:
Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce initiated this LTFV
investigation on May 18, 2021.
1
On
August 26, 2021, Commerce postponed
the preliminary determination of this
investigation and the revised deadline is
now November 17, 2021.
2
For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.
3
A list of topics
included in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
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 http://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Investigation
The product covered by this
investigation is raw honey from
Vietnam. For a full description of the
scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the preamble to
Commerce’s regulations,
4
the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).
5
No interested
parties submitted comments on the
scope of this investigation.
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Commerce has
calculated export prices in accordance
with section 772(a) of the Act. Because
Vietnam is a non-market economy,
within the meaning of section 771(18) of
the Act, Commerce has calculated
normal value (NV) in accordance with
section 773 of the Act.
For a full description of the
methodology underlying the
preliminary determination, see the
Preliminary Decision Memorandum.
Combination Rates
In the Initiation Notice,
6
Commerce
explained that it would calculate
producer/exporter combination rates for
the respondents that are eligible for a
separate rate in this investigation. Policy
Bulletin 05.1 describes this practice.
7
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