[Federal Register Volume 87, Number 72 (Thursday, April 14, 2022)]
[Notices]
[Pages 22182-22184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07996]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-857]


Raw Honey From Brazil: Final Determination of Sales at Less Than 
Fair Value

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

SUMMARY: The Department of Commerce (Commerce) determines that imports 
of raw honey from Brazil are being, or are likely to be, sold in the 
United States at less than fair value (LTFV) for the period of 
investigation April 1, 2020, through March 31, 2021.

DATES: Applicable April 14, 2022.

FOR FURTHER INFORMATION CONTACT: Genevieve Coen, 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) 482-3251.

SUPPLEMENTARY INFORMATION:

Background

    On November 23, 2021, Commerce published its preliminary 
determination in the LTFV investigation of raw honey from Brazil, in 
which we also postponed the final determination until April 7, 2022.\1\ 
For a complete description of the events that followed the Preliminary 
Determination, see the Issues and Decision Memorandum.\2\
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    \1\ See Raw Honey from Brazil: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value, Postponement of 
Final Determination, and Extension of Provisional Measures, 86 FR 
66533 (November 23, 2021) (Preliminary Determination), and 
accompanying Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination in the Less-Than-Fair-Value 
Investigation of Raw Honey from Brazil,'' dated concurrently with, 
and hereby adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Investigation

    The product covered by this investigation is raw honey from Brazil. 
For a complete description of the scope of this investigation, see 
Appendix I.

Scope Comments

    No interested party commented on the scope of the investigation as 
it appeared in the Preliminary Determination. Therefore, no changes 
were made to the scope of the investigation.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs that were 
submitted by parties in this investigation are addressed in the Issues 
and Decision Memorandum. For a list of the issues raised by interested 
parties and addressed in the Issues and Decision Memorandum, see 
Appendix II to this notice. The Issues and Decision Memorandum is a 
public document and is made available to the public via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
http://access.trade.gov. In addition, a complete version of the Issues 
and Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Verification

    Commerce was unable to conduct on-site verification of the 
information relied upon in making its final determination in this 
investigation. However, we took additional steps in lieu of an on-site 
verification to verify the information relied upon in making this final 
determination, in accordance with section 782(i) of the Tariff Act of 
1930, as amended (the Act).\3\
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    \3\ See Commerce's Letters, ``In Lieu of On-Site Verification 
Questionnaire,'' dated December 9, 2021, and December 10, 2021; see 
also Melbras' Letter, ``Melbras' In Lieu of Verification 
Questionnaire Response,'' dated December 17, 2021; and Supermel's 
Letter, ``Supermel's In Lieu of Verification Questionnaire 
Response,'' dated December 20, 2021.
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Changes Since the Preliminary Determination

    Based on the comments received from interested parties and record 
information, we have relied on facts otherwise available with an 
adverse inference (AFA) for one of the mandatory respondents in this 
investigation, Supermel.\4\ For a discussion of these changes, see the 
Issues and Decision Memorandum.
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    \4\ As discussed in the Preliminary Determination, Supermel is a 
trade name and consists of mandatory respondent Api[aacute]rio 
Diamante Comercial Exportadora Ltda (Api[aacute]rio Export) and its 
affiliate Api[aacute]rio Diamante Produ[ccedil][atilde]o e Comercial 
de Mel Ltda (Api[aacute]rio Produ[ccedil][atilde]o) (collectively, 
Supermel). For the final determination, we find that Api[aacute]rio 
Export and Api[aacute]rio Produ[ccedil][atilde]o are affiliated 
within the meaning of section 771(33) of the Act and should be 
treated as a single entity, collectively referred to as Supermel, 
pursuant to 19 CFR 35l.401(f). No parties commented on this 
treatment. Accordingly, we have continued to treat these companies 
as a single entity for this final determination. See Memorandum, 
``Less-Than-Fair-Value Investigation of Raw Honey from Brazil: 
Preliminary Affiliation and Single Entity Memorandum for 
Api[aacute]rio Diamante Comercial Exportadora Ltda and 
Api[aacute]rio Diamante Produ[ccedil][atilde]o e Comercial de Mel 
Ltda,'' dated November 17, 2021.

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[[Page 22183]]

All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated 
weighted-average dumping margin for all other producers and exporters 
not individually investigated shall be equal to the weighted average of 
the estimated weighted-average dumping margins established for 
exporters and producers individually investigated excluding rates that 
are zero, de minimis, or determined entirely under section 776 of the 
Act.
    In this investigation, Commerce has determined a rate for Supermel 
based entirely on section 776 of the Act. Commerce calculated an 
individual estimated weighted-average dumping margin for Melbras that 
is not zero, de minimis, or based entirely on facts otherwise 
available. Because the estimated weighted-average dumping margin for 
Melbras is the only individually-calculated dumping margin that is not 
zero, de minimis, or based entirely on facts otherwise available, the 
estimated weighted-average dumping margin calculated for Melbras is the 
margin assigned to all other producers and exporters, pursuant to 
section 735(c)(5)(A) of the Act.

Final Determination

    The final estimated weighted-average dumping margins are as 
follows:

------------------------------------------------------------------------
                                                           Estimated
                                                        weighted-average
                  Exporter/producer                      dumping margin
                                                           (percent)
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Melbras Importadora E Exportadora Agroindustrial Ltda               7.89
Api[aacute]rio Diamante Comercial Exportadora Ltda/              * 83.72
 Api[aacute]rio Diamante Produ[ccedil][atilde]o e
 Comercial de Mel Ltda (Supermel) \5\................
All Others...........................................               7.89
------------------------------------------------------------------------
* Margin is based on AFA.

Disclosure

    Normally, Commerce discloses to the parties in a proceeding the 
calculations that it performed in connection with the final 
determination in accordance with 19 CFR 351.224(b). However, because we 
made no changes to our preliminary weighted-average dumping margin 
calculations for Melbras, there are no calculations to disclose for 
this final determination.
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    \5\ As noted above, we find that Api[aacute]rio Export and 
Api[aacute]rio Produ[ccedil][atilde]o constitute a single entity in 
this proceeding.
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Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, Commerce will 
instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all appropriate entries of raw honey from 
Brazil, as described in Appendix I of this notice, which are entered, 
or withdrawn from warehouse, for consumption on or after November 23, 
2021, the date of publication in the Federal Register of the 
affirmative Preliminary Determination.
    Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 
351.210(d), we will instruct CBP to require a cash deposit equal to the 
estimated weighted-average dumping margin as follows: (1) The cash 
deposit rate for the respondents listed above will be equal to the 
respondent-specific estimated weighted-average dumping margin 
determined in this final 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 respondent-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.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
International Trade Commission (ITC) of this final affirmative 
determination of sales at LTFV. Because Commerce's final determination 
is affirmative, in accordance with section 735(b)(2) of the Act, the 
ITC will make its final determination as to whether the domestic 
industry in the United States is materially injured, or threatened with 
material injury, by reason of imports or sales (or the likelihood of 
sales) for importation of raw honey from Brazil no later than 45 days 
after this final determination. If the ITC determines that such injury 
does not exist, this proceeding will be terminated, and all cash 
deposits posted will be refunded and suspension of liquidation will be 
lifted. If the ITC determines that such injury does exist, Commerce 
will issue an antidumping duty order directing CBP to assess, upon 
further instruction by Commerce, antidumping duties on all imports of 
the subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation.

Notification Regarding Administrative Protective Order

    This notice will serve as the only reminder to parties subject to 
an administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return or destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a violation which is subject 
to sanction.

Notification to Interested Parties

    This determination and this notice are issued and published 
pursuant to sections 735(d) and 777(i)(1) of the Act, and 19 CFR 
351.210(c).

    Dated: April 7, 2022.
Lisa W. Wang,
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.

[[Page 22184]]

Appendix II--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Changes Since the Preliminary Determination
IV. Discussion of the Issues
    Comment 1: Whether to Base Supermel's Final Dumping Margin on 
Total Adverse Facts Available (AFA)
    Comment 2: Whether Beekeeper 2 Inappropriately Submitted New 
Factual Information
    Comment 3: Moot Arguments for Supermel
    Comment 4: Date of Sale
    Comment 5: Whether Commerce Should Apply AFA to Melbras' 
Acquisition Costs
    Comment 6: Whether Commerce Should Revise Melbras' Inland 
Freight Expenses Using Partial AFA or Neutral Facts Available
V. Recommendation

[FR Doc. 2022-07996 Filed 4-13-22; 8:45 am]
BILLING CODE 3510-DS-P