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[Federal Register Volume 90, Number 26 (Monday, February 10, 2025)]
[Notices]
[Pages 9225-9226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-02416]

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Notices
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules 
or proposed rules that are applicable to the public. Notices of hearings 
and investigations, committee meetings, agency decisions and rulings, 
delegations of authority, filing of petitions and applications and agency 
statements of organization and functions are examples of documents 
appearing in this section.

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Federal Register / Vol. 90, No. 26 / Monday, February 10, 2025 / 
Notices

[[Page 9225]]

DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-857]

Raw Honey From Brazil: Notice of Court Decision Not in Harmony 
With the Final Determination of Antidumping Duty Investigation; Notice 
of Amended Final Determination; Notice of Amended Antidumping Duty 
Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On January 24, 2025, the U.S. Court of International Trade 
(CIT) issued its final judgment in Api[aacute]rio Diamante Comercial 
Exportadora Ltda. and Api[aacute]rio Diamante Produ[ccedil][atilde]o e 
Comercial de Mel Ltda. v. United States, Court No. 22-00185, sustaining 
the U.S. Department of Commerce (Commerce)'s first remand 
redetermination pertaining to the antidumping (AD) duty investigation 
of raw honey (honey) from Brazil covering the period of investigation 
April 1, 2020, through March 31, 2021. Commerce is notifying the public 
that the CIT's final judgment is not in harmony with Commerce's final 
determination in the investigation, and that Commerce is amending the 
final determination and the resulting AD order with respect to the 
dumping margins assigned to Api[aacute]rio Diamante Comercial 
Exportadora Ltda/Api[aacute]rio Diamante Produ[ccedil][atilde]o e 
Comercial de Mel Ltda (Supermel) and all other producers and/or 
exporters of subject merchandise.

DATES: Applicable February 3, 2025.

FOR FURTHER INFORMATION CONTACT: Miranda Bourdeau, 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) 482-2021.

SUPPLEMENTARY INFORMATION: 

Background

    On April 14, 2022, Commerce published its Final Determination in 
the less-than-fair value investigation of honey from Brazil.\1\ In its 
Final Determination, Commerce found that Supermel: (1) failed to 
provide requested source documentation; \2\ and (2) supplied cost of 
production (COP) data that were irreconcilable to the information 
supplied by its raw honey suppliers.\3\ Accordingly, Commerce found 
that Supermel's COP data were unverifiable and that Supermel failed to 
act to the best of its ability in responding to Commerce's requests for 
information. Commerce declined to rely on Supermel's COP data for the 
Final Determination and, instead, Commerce relied entirely on facts 
otherwise available with adverse inferences (AFA) for assigning an 
estimated dumping margin to Supermel.\4\ Because the only rate from the 
Final Determination that was not zero, de minimis, or based entirely on 
AFA was the rate calculated for another respondent, the rate calculated 
for the other respondent was also assigned as the rate for all other 
producers and exporters.\5\ Commerce subsequently published the AD 
order on honey from Brazil.\6\
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    \1\ See Raw Honey from Brazil: Final Determination of Sales at 
Less Than Fair Value, 87 FR 22182 (April 14, 2022) (Final 
Determination), and accompanying Issues and Decision Memorandum 
(IDM).
    \2\ See Final Determination IDM at 12-17.
    \3\ Id. at 12-14.
    \4\ See Final Determination, 87 FR at 22183.
    \5\ Id.
    \6\ See Raw Honey from Argentina, Brazil, India, and the 
Socialist Republic of Vietnam: Antidumping Duty Orders, 87 FR 35501 
(June 10, 2022) (Order).
---------------------------------------------------------------------------

    Supermel appealed Commerce's Final Determination. On June 5, 2024, 
the CIT remanded the Final Determination to Commerce, holding that the 
discrepancies between Supermel's reported COP data and its suppliers' 
COP data were: (1) relatively minor; (2) understandable given the 
beekeepers' lack of recordkeeping; and (3) unnecessary for verifying 
Supermel's COP information, given that copious information already 
existed on the record that Commerce could have used to support relying 
on Supermel's COP.\7\ The CIT remanded the Final Determination to 
Commerce to reconsider, based on the existing record, its decision to 
apply AFA to Supermel and to determine a new estimated dumping margin 
for Supermel.\8\
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    \7\ See Api[aacute]rio Diamante Comercial Exportadora Ltda. and 
Api[aacute]rio Diamante Produ[ccedil][atilde]o e Comercial de Mel 
Ltda. v. United States, Court No. 22-00185, Slip Op. 24-64 (CIT June 
5, 2024) at 15-16.
    \8\ Id. at 43.
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    In its remand redetermination, issued in August 2024, Commerce 
relied on the information already in existence on the record to support 
Supermel's COP, and therefore Commerce calculated estimated weighted-
average dumping margins for Supermel and all other producers and/or 
exporters rather than relying on AFA.\9\ The CIT sustained Commerce's 
final redetermination.\10\
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    \9\ See Final Results of Redetermination Pursuant to Court 
Remand, Api[aacute]rio Diamante Comercial Exportadora Ltda. and 
Api[aacute]rio Diamante Produ[ccedil][atilde]o e Comercial de Mel 
Ltda. v. United States, Court No. 22-00185, Slip Op. 24-64 (CIT June 
5, 2024), dated August 26, 2024.
    \10\ See Api[aacute]rio Diamante Comercial Exportadora Ltda. and 
Api[aacute]rio Diamante Produ[ccedil][atilde]o e Comercial de Mel 
Ltda. v. United States, Court No. 22-00185, Slip Op. 25-10 (CIT 
January 24, 2025).
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Timken Notice

    In its decision in Timken,\11\ as clarified by Diamond 
Sawblades,\12\ the Court of Appeals for the Federal Circuit held that, 
pursuant to section 516A(c) and (e) of the Tariff Act of 1930, as 
amended (the Act), Commerce must publish a notice of court decision 
that is not ``in harmony'' with a Commerce determination and must 
suspend liquidation of entries pending a ``conclusive'' court decision. 
The CIT's January 24, 2025, judgment constitutes a final decision of 
the CIT that is not in harmony with Commerce's Final Determination. 
Thus, this notice is published in fulfillment of the publication 
requirements of Timken.
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    \11\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \12\ See Diamond Sawblades Manufacturers Coalition v. United 
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Determination

    Because there is now a final court judgment, Commerce is amending 
its Final Determination with respect to Supermel and all other 
producers and/or exporters as follows:

[[Page 9226]]

------------------------------------------------------------------------
                                                      Estimated weighted-
                      Exporter                          average dumping
                                                       margin (percent)
------------------------------------------------------------------------
Api[aacute]rio Diamante Comercial Exportadora Ltda/                10.52
 Api[aacute]rio Diamante Produ[ccedil][atilde]o e
 Comercial de Mel Ltda (Supermel)...................
All Others..........................................                9.38
------------------------------------------------------------------------

Amended AD Order

    Pursuant to 735(c)(2) of the Act, Commerce shall ``issue an 
antidumping duty order under section 736(a)'' of the Act when the final 
determination is affirmative. As a result of this amended final 
determination, Commerce is hereby amending the Order to revise the 
estimated weighted-average dumping margins assigned to Supermel and 
all-other producers and/or exporters of subject merchandise, as noted 
above.

Cash Deposit Requirements

    Because Supermel does not have a superseding cash deposit rate, 
i.e., there have been no final results published in a subsequent 
administrative review, and because of the change to the rate assigned 
to all other producers and exporters of subject merchandise, Commerce 
will issue revised cash deposit instructions to U.S. Customs and Border 
Protection.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(c) and (e) and 777(i)(1) of the Act.

    Dated: February 4, 2025.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2025-02416 Filed 2-7-25; 8:45 am]
BILLING CODE 3510-DS-P
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