74152 Federal Register / Vol. 88, No. 208 / Monday, October 30, 2023 / Notices 

of China: Initiation of Anti-Circumvention Inquiries 

on the Antidumping Duty and Countervailing Duty 

Orders, 81 FR 79454, 79458 (November 14, 2016) 

(stating at initiation that Commerce would evaluate 

the extent to which a country-wide finding 

applicable to all exports might be warranted). 

1See GOV’s Letter, ‘‘Request for Changed 

Circumstances Review,’’ dated September 8, 2023 

(CCR Request). 

2See Raw Honey from Argentina, Brazil, India, 

and the Socialist Republic of Vietnam: 

Antidumping Duty Orders, 87 FR 35501 (June 10, 

2023). 

3See CCR Request at 3. 

4 Id. at 7–8. 

5 Id. at 10–14. 

6 Id. at 14–16. 

7 Id. at 16–20. 

8 Id. at 20–23. 

9See Petitioners’ Letter, ‘‘Petitioners’ Response to 

Vietnam’s Request for Market Economy Treatment,’’ 

dated October 6, 2023 (Petitioners’ Comments). 

Consistent with the approach in the 

prior circumvention inquiries that were 

initiated on a country-wide basis, 

Commerce intends to issue 

questionnaires to solicit information 

from producers and exporters in 

Mexico, concerning their shipments to 

the United States and the origin of any 

imported HFC blends being further 

processed into HFC blends subject to 

the Order. 

Respondent Selection 

Commerce intends to base respondent 

selection on U.S. Customs and Border 

and Protection (CBP) data. Commerce 

intends to place CBP data on the record 

within five days of the publication of 

the initiation notice. Comments 

regarding the CBP data and respondent 

selection should be submitted within 

seven days after placement of the CBP 

data on the record of this inquiry. 

Commerce intends to establish a 

schedule for questionnaire responses 

after respondent selection. A company’s 

failure to completely respond to 

Commerce’s requests for information 

may result in the application of partial 

or total facts available, pursuant to 

section 776(a) of the Act, which may 

include adverse inferences, pursuant to 

section 776(b) of the Act. 

Suspension of Liquidation 

Pursuant to 19 CFR 351.226(l)(1), 

Commerce will notify CBP of the 

initiation of this circumvention inquiry 

and direct CBP to continue the 

suspension of liquidation of entries of 

products subject to the circumvention 

inquiry that were already subject to the 

suspension of liquidation under the 

Order and to apply the cash deposit rate 

that would be applicable if the product 

was determined to be covered by the 

scope of the Order. Should Commerce 

issue a preliminary or final 

circumvention determination, 

Commerce will follow the suspension of 

liquidation rules under 19 CFR 

351.226(l)(2)–(4). 

Notification to Interested Parties 

In accordance with 19 CFR 351.226(d) 

and section 781(a) of the Act, Commerce 

determines that the American HFC 

Coalition’s request for this 

circumvention inquiry satisfies the 

requirements of 19 CFR 351.226(c). 

Accordingly, Commerce is notifying all 

interested parties of the initiation of this 

circumvention inquiry to determine 

whether U.S. imports from Mexico of R– 

410B that are completed in Mexico 

using Chinese components and then 

blended into in-scope R–410A in the 

United States are circumventing the 

Order. In addition, we included a 

description of the product that is the 

subject of this inquiry and an 

explanation of the reasons for 

Commerce’s decision to initiate this 

inquiry as provided above and in the 

accompanying Initiation Checklist. In 

accordance with 19 CFR 351.226(e)(1), 

Commerce intends to issue its 

preliminary determination no later than 

150 days from the date of publication of 

the notice of initiation of this 

circumvention inquiry in the Federal 

Register. 

This notice is published in 

accordance with section 781(a) of the 

Act and 19 CFR 351.226(d)(1)(ii). 

Dated: October 23, 2023. 

Lisa W. Wang, 

Assistant Secretary for Enforcement and 

Compliance. 

[FR Doc. 2023–23850 Filed 10–27–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–552–833] 

Raw Honey From the Socialist 

Republic of Vietnam: Initiation of 

Antidumping Duty Changed 

Circumstances Review 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) is initiating a 

changed circumstances review (CCR) of 

the antidumping duty (AD) order on raw 

honey from the Socialist Republic of 

Vietnam (Vietnam) to examine whether 

Vietnam remains a non-market economy 

(NME) country for purposes of the 

application of the AD law. 

DATES: Applicable October 30, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Chien-Min Yang or Leah Wils-Owens, 

Office of Policy, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

(202) 482–5484 or (202) 482–4203, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On September 8, 2023, the 

Government of Vietnam (GOV) 

submitted a letter requesting that 

Commerce conduct a review of 

Vietnam’s status as an NME country 1

within the context of a CCR of the AD 

order on raw honey from Vietnam.2 In 

the CCR Request, the GOV describes 

changes that have occurred in Vietnam 

in recent years as they relate to each of 

the statutory criteria Commerce uses to 

evaluate a country’s market economy 

status. Specifically, in the CCR Request, 

the GOV contends that the Vietnamese 

dong is transparently convertible into 

other foreign currencies based on 

market principles, fairness, and nondiscrimination.3 In the CCR Request, the 

GOV argues that bargaining between 

labor and management on wage rates in 

Vietnam is free, and that Vietnam now 

possesses a clear legal framework to 

ensure employees’ basic rights.4 With 

regard to foreign direct investment, the 

GOV states in the CCR Request that 

Vietnam has made improvements in the 

investment environment, stating that no 

differences exist in how foreign and 

domestic investors are treated.5 In the 

CCR Request, the GOV also provides 

information on the reduction of 

government ownership and control over 

the means of production in Vietnam and 

maintains that private sector 

development, state-owned enterprise 

restructuring and divestment, and land 

reform initiatives have all been taken.6

As to the allocation of resources and the 

government’s role in price and output 

decisions, the GOV states in the CCR 

Request that the GOV does not possess 

significant control over these areas.7 In 

the CCR Request, the GOV also 

identifies other factors that have been 

important to market-oriented reforms, 

including the establishment of a legal 

framework for bankruptcy, greater 

transparency in corporate governance, 

the launch of a legal framework for a 

state audit, a unified legal system, and 

diversified foreign economic relations.8

On October 6, 2023, the American 

Honey Producers Association and Sioux 

Honey Association (the petitioners) 

submitted comments in opposition to 

CCR Request.9 On October 17, 2023, the 

GOV submitted rebuttal comments in 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 88, No. 208 / Monday, October 30, 2023 / Notices 74153 

10See GOV’s Letter, ‘‘Responses to Petitioners’ 

Comments on Viet Nam’s Request for Market 

Economy Treatment,’’ dated October 17, 2023. 

11See Southern Shrimp Alliance’s Letter, 

‘‘Comments in Response to Request for Market 

Economy Status,’’ dated October 19, 2023. 

12See Metal Grating Coalition’s Letter, ‘‘Response 

to the Government of the Socialist Republic of 

Vietnam’s Request for Changed Circumstances 

Review,’’ dated October 19, 2023. 

13See CFA et al.’s Letter, ‘‘Response to the 

Government of the Socialist Republic of Vietnam’s 

Request for Changed Circumstances Review,’’ dated 

October 19, 2023. 

14See Coalition for Fair Trade in Hardwood 

Plywood’s Letter, ‘‘Response to the Government of 

the Socialist Republic of Vietnam’s Request for 

Changed Circumstances Review,’’ dated October 19, 

2023. 

15See Wiley Rein, LLP’s Letter, ‘‘Response to the 

Government of the Socialist Republic of Vietnam’s 

Request for Changed Circumstances Review,’’ dated 

October 19, 2023. 

16See SDI, ASPA, and AKCA’s Letter, ‘‘Response 

to Request for Changed Circumstances Review of 

the Antidumping Order on Raw Honey from the 

Socialist Republic of Vietnam,’’ dated October 20, 

2023. 

17See Steel Manufacturer Association’s Letter, 

‘‘Response to the Government of the Socialist 

Republic of Vietnam’s Requests for Changed 

Circumstances Review,’’ dated October 20, 2023. 

18See Coalition of American Millwork Producers’ 

Letter, ‘‘Response to the Government of the 

Socialist Republic of Vietnam’s Request for 

Changed Circumstances Review,’’ dated October 20, 

2023. 

19See Notice of Final Antidumping Duty 

Determination of Sales at Less Than Fair Value and 

Affirmative Critical Circumstances: Certain Frozen 

Fish Fillets from the Socialist Republic of Vietnam, 

68 FR 37116 (June 23, 2003). 

response to the Petitioners’ 

Comments.10 On October 19, 2023, 

Commerce received comments from the 

following parties: the Southern Shrimp 

Alliance; 11 the Metal Grating 

Coalition; 12 Catfish Farmers of America 

(CFA) and America’s Catch, Inc., 

Alabama Catfish, LLC d/b/a Harvest 

Select Catfish, Inc., Consolidated Catfish 

Companies, LLC d/b/a Country Select 

Catfish, Delta Pride Catfish, Inc., 

Guidry’s Catfish, Inc., Heartland Catfish 

Company, Magnolia Processing, Inc. d/ 

b/a Pride of the Pond, and Simmons 

Farm Raised Catfish, Inc.; 13 the 

Coalition for Fair Trade in Hardwood 

Plywood; 14 and Wiley Rein, LLP.15 On 

October 20, 2023, the following parties 

submitted comments in opposition to 

GOV’s CCR Request: Steel Dynamics, 

Inc. (SDI), the American Shrimp 

Processors Association (ASPA), and the 

American Kitchen Cabinet Alliance 

(AKCA); 16 the Steel Manufacturers 

Association; 17 and the Coalition of 

American Millwork Producers.18

Initiation of Changed Circumstances 

Review 

Pursuant to section 751(b)(1) of the 

Tariff Act of 1930, as amended (the Act), 

when Commerce receives information 

concerning, or a request from an 

interested party for a review of, a final 

affirmative determination that resulted 

in an AD or countervailing duty order, 

which shows changed circumstances 

sufficient to warrant a review of such 

determination, Commerce shall conduct 

a review of the determination after 

publishing notice of the review in the 

Federal Register. Section 751(b)(4) of 

the Act provides that, in the absence of 

good cause, Commerce may not review 

final determinations regarding whether 

subject merchandise is being, or is likely 

to be, sold in the United States at less 

than its fair value, or whether or not a 

countervailable subsidy is being 

provided with respect to subject 

merchandise, less than 24 months after 

the date of publication of the notice of 

that determination. 

As the GOV submitted substantial 

information on the reforms to the 

Vietnamese economy that are relevant to 

the six statutory factors Commerce 

reviews as part of its analysis on market 

economy status, and that have occurred 

since Commerce last reviewed 

Vietnam’s market economy status in 

2002,19 Commerce determines that good 

cause exists to review Vietnam’s status 

as an NME country at this time within 

the meaning of 19 CFR 351.216(c). 

Section 771(18)(C)(ii) of the Act, which 

states that Commerce may make 

determinations of a country’s NME 

status at any time, further grants 

Commerce the authority to initiate this 

NME review. Therefore, in response to 

this request, Commerce is initiating a 

CCR to examine whether Vietnam 

remains an NME country for purposes of 

the AD law, in accordance with sections 

751(b) and 771(18)(C)(ii) of the Act. 

Opportunity for Public Comment and 

Submission of Factual Information 

As part of this inquiry in which we 

are reviewing Vietnam’s NME country 

status, Commerce invites public 

comments with respect to Vietnam on 

the following factors enumerated by 

section 771(18)(B) of the Act, which 

Commerce must consider in making an 

ME/NME determination: 

(i) the extent to which the currency of 

the foreign country is convertible into 

the currency of other countries; 

(ii) the extent to which wage rates in 

the foreign country are determined by 

free bargaining between labor and 

management; 

(iii) the extent to which joint ventures 

or other investments by firms of other 

foreign countries are permitted in the 

foreign country; 

(iv) the extent of government 

ownership or control of the means of 

production; 

(v) the extent of government control 

over the allocation of resources and over 

the price and output decisions of 

enterprises; and 

(vi) such other factors as the 

administering authority considers 

appropriate. 

The deadline for the submission of 

comments is not later than 30 days after 

the date of publication of this notice. 

Rebuttal comments, limited to issues 

raised in parties’ affirmative comments, 

may be filed not later than 14 days after 

the date for filing affirmative comments. 

Interested parties must submit 

comments and factual information at the 

Federal eRulemaking Portal: https://

www.Regulations.gov. The identification 

number is ITA–2023–0010. An 

electronically filed document must be 

received successfully in its entirety by 

5:00 p.m. Eastern Time on the due date 

set forth in this notice. Parties may 

request a hearing in their comments. If 

Commerce determines that a hearing is 

warranted, parties will be notified of the 

date, time, and room number for the 

hearing, in accordance with 19 CFR 

351.310(d). 

Unless extended, consistent with 19 

CFR 351.216(e), we will issue the final 

results of this CCR no later than 270 

days after the date on which this review 

was initiated. 

Notification to Interested Parties 

This notice is issued and published in 

accordance with sections 751(b) and 

771(18)(C)(ii) of the Act. 

Dated: October 23, 2023. 

Lisa W. Wang, 

Assistant Secretary for Enforcement and 

Compliance. 

[FR Doc. 2023–23849 Filed 10–27–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–533–900] 

Granular Polytetrafluoroethylene Resin 

From India: Notice of Court Decision 

Not in Harmony With the Final 

Determination of Countervailing Duty 

Investigation; Notice of Amended Final 

Determination and Amended 

Countervailing Duty Order 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On October 13, 2023, the U.S. 

Court of International Trade (CIT) 

issued its final judgment in Gujarat 

Fluorochemicals Limited v. United 

States, Court No. 22–00120, sustaining 


khammond on DSKJM1Z7X2PROD with NOTICES