[Federal Register Volume 88, Number 208 (Monday, October 30, 2023)]
[Notices]
[Pages 74152-74153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23849]


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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 non-
discrimination.\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\
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    \1\ See GOV's Letter, ``Request for Changed Circumstances 
Review,'' dated September 8, 2023 (CCR Request).
    \2\ See Raw Honey from Argentina, Brazil, India, and the 
Socialist Republic of Vietnam: Antidumping Duty Orders, 87 FR 35501 
(June 10, 2023).
    \3\ See 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.
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    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

[[Page 74153]]

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\
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    \9\ See Petitioners' Letter, ``Petitioners' Response to 
Vietnam's Request for Market Economy Treatment,'' dated October 6, 
2023 (Petitioners' Comments).
    \10\ See GOV's Letter, ``Responses to Petitioners' Comments on 
Viet Nam's Request for Market Economy Treatment,'' dated October 17, 
2023.
    \11\ See Southern Shrimp Alliance's Letter, ``Comments in 
Response to Request for Market Economy Status,'' dated October 19, 
2023.
    \12\ See 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.
    \13\ See 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.
    \14\ See 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.
    \15\ See 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.
    \16\ See 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.
    \17\ See 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.
    \18\ See 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.
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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.
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    \19\ See 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).
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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