22182 Federal Register / Vol. 87, No. 72 / Thursday, April 14, 2022 / Notices 

1See 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. 

2See 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). 

3See 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. 

4As discussed in the Preliminary Determination, 

Supermel is a trade name and consists of mandatory 

respondent Apia ́rio Diamante Comercial 

Exportadora Ltda (Apia ́rio Export) and its affiliate 

Apia ́rio Diamante Produc ̧a ̃o e Comercial de Mel 

Ltda (Apia ́rio Produc ̧a ̃o) (collectively, Supermel). 

For the final determination, we find that Apia ́rio 

Export and Apia ́rio Produc ̧a ̃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-FairValue Investigation of Raw Honey from Brazil: 

Preliminary Affiliation and Single Entity 

Memorandum for Apia ́rio Diamante Comercial 

Exportadora Ltda and Apia ́rio Diamante Produc ̧a ̃o 

e Comercial de Mel Ltda,’’ dated November 17, 

2021. 

Critical Circumstances 

IV. Changes Since the Preliminary 

Determination 

V. Discussion of the Issues 

Comment 1: Use of Exporters’ Acquisition 

Price as a Reasonable Proxy for the 

Beekeepers’ Cost of Production 

Comment 2: Whether To Use Quarterly or 

Monthly Cost Averaging Periods 

Comment 3: Whether Commerce’s Inflation 

Methodology Requires the Use of 

Monthly Sales Comparisons in 

Investigations When Sales Prices in Both 

Markets Are Denominated in U.S. 

Dollars and Where the Only Difference 

in Merchandise Adjustment 

(Homogenization) Has Been Weight 

Averaged Over the Period 

Comment 4: When Using Acquisition 

Costs, Whether Commerce Should Lag 

Acquisition Costs by Two Months 

Comment 5: Adjustments to Commerce’s 

Alternative Cost Averaging Methodology 

Comment 6: Whether Commerce’s Use of 

the Differential Pricing Analysis or the 

Cohen’s d Test Comports With the 

Federal Circuit’s Recent Decision in 

Stupp 

Comment 7: Whether Commerce Should 

Treat ACA’s and NEXCO’s SENASARelated Expenses as a U.S. Price 

Deduction Instead of as Circumstance of 

Sale Adjustment 

Comment 8: Cost of Production Calculation 

for ACA’s Middleman Supplier 

Comment 9: Whether To Continue To 

Apply Facts Available (AFA) for ACA’s 

Non-Responsive Direct Beekeeper 

Supplier and ACA’s Middleman 

Beekeeper Supplier 

Comment 10: ACA’s Financial Expenses 

Comment 11: Whether Commerce Should 

Incorporate Bad Debt Expenses Within 

ACA’s Financial Expenses 

Comment 12: ACA’s General and 

Administrative Expenses 

Comment 13: Whether Commerce Should 

Correct Ministerial Errors in the 

Calculation of ACA’s Margin for the 

Final Determination 

Comment 14: Errors in NEXCO’s Reported 

Direct Material Costs 

Comment 15: Errors in Commerce’s Direct 

Material Cost Calculations for NEXCO 

Comment 16: Whether Commerce Should 

Revise NEXCO’s Indirect Selling 

Expenses 

Comment 17: Whether Commerce Should 

Treat NEXCO’s Export Taxes as a U.S. 

Price Deduction Instead of as a 

Circumstance of Sale Adjustment 

Comment 18: Whether Commerce Should 

Add a Price Deduction Variable to 

NEXCO’s U.S. Sales Database 

Comment 19: Whether To Apply Partial 

AFA to NEXCO Due to the Unusable 

Cost Responses Submitted by Its 

Beekeeper Suppliers 

VI. Recommendation 

[FR Doc. 2022–07995 Filed 4–13–22; 8:45 am] 

BILLING CODE 3510–DS–P 

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

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 onsite 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

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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Federal Register / Vol. 87, No. 72 / Thursday, April 14, 2022 / Notices 22183 

5As noted above, we find that Apia ́rio Export and 

Apia ́rio Produc ̧a ̃o constitute a single entity in this 

proceeding. 

All-Others Rate 

Section 735(c)(5)(A) of the Act 

provides that the estimated weightedaverage 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 weightedaverage 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: 

Exporter/producer 

Estimated 

weighted-average 

dumping margin 

(percent) 

Melbras Importadora E Exportadora Agroindustrial Ltda .............................................................................................................. 7.89 

Apia ́rio Diamante Comercial Exportadora Ltda/Apia ́rio Diamante Produc ̧a ̃o e Comercial de Mel Ltda (Supermel) 5 ................. * 83.72 

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. 

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 weightedaverage 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 weightedaverage 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. 


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22184 Federal Register / Vol. 87, No. 72 / Thursday, April 14, 2022 / Notices 

1See 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, 86 FR 66526 (November 23, 2021) 

(Preliminary Determination) and accompanying 

Preliminary Decision Memorandum. 

2See Raw Honey from the Socialist Republic of 

Vietnam: Preliminary Affirmative Determination of 

Critical Circumstances in the Less-Than-Fair-Value 

Investigation, 87 FR 2127 (January 13, 2022), 

corrected by Raw Honey from the Socialist Republic 

of Vietnam: Preliminary Affirmative Determination 

of Critical Circumstances in the Less-Than-FairValue Investigation; Correction, 87 FR 7800 

(February 10, 2022) (collectively, Preliminary 

Critical Circumstances Determination). 

3See Memorandum, ‘‘Less-Than-Fair-Value 

Investigation of Raw Honey from the Socialist 

Republic of Vietnam: Selection of Mandatory 

Respondents for Individual Examination,’’ dated 

June 15, 2021. 

4See Preliminary Determination, 86 FR at 66526. 

5See Memorandum, ‘‘Issues and Decision 

Memorandum for the Final Affirmative 

Determination in the Less-Than-Fair-Value 

Investigation of Raw Honey from the Socialist 

Republic of Vietnam,’’ dated concurrently with, and 

hereby adopted by, this notice (Issues and Decision 

Memorandum). 

6See Commerce’s Letters, ‘‘Supplemental 

Questionnaire In-Lieu of Onsite Verification,’’ dated 

December 6, 2021. 

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 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–552–833] 

Raw Honey From the Socialist 

Republic of Vietnam: Final Affirmative 

Determination of Sales at Less Than 

Fair Value and Final Affirmative 

Determination of Critical 

Circumstances 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) determines that imports of 

raw honey from the Socialist Republic 

of Vietnam (Vietnam) are being, or are 

likely to be, sold in the United States at 

less than fair value (LTFV) for the 

period of investigation (POI) October 1, 

2020, through March 31, 2021. 

DATES: Applicable April 14, 2022. 

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 

On November 23, 2021, Commerce 

published the Preliminary 

Determination in the LTFV investigation 

of raw honey from Vietnam, in which it 

also postponed the final determination 

until April 7, 2022.1 Additionally, on 

January 13, 2021, Commerce published 

the Preliminary Determination of 

Critical Circumstances in the LTFV 

investigation of raw honey from 

Vietnam.2 The petitioners in this 

investigation are the American Honey 

Producers Association and Sioux Honey 

Association (collectively, the 

petitioners). The two mandatory 

respondents in this investigation are 

Ban Me Thuot Honeybee Joint Stock 

Company (Ban Me Thuot) and Daklak 

Honeybee Joint Stock Company 

(DakHoney).3 We invited interested 

parties to comment on the Preliminary 

Determination.4 For a complete 

summary of the events that occurred 

since Commerce published the 

Preliminary Determination, as well as a 

full discussion of the issues raised by 

parties for this final determination, see 

Issues and Decision Memorandum.5

The Issues and 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 Issues and 

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 

Vietnam. For a full description of the 

scope of this investigation, see 

Appendix I. 

Scope Comments 

Commerce received no comments 

from interested parties regarding the 

scope of this investigation. Accordingly, 

Commerce has not modified the scope 

language from the Preliminary 

Determination. 

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. A list of the issues 

addressed in the Issues and Decision 

Memorandum is attached to this notice 

at Appendix II. 

Verification 

Commerce was unable to conduct onsite 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).6

Methodology 

Commerce conducted this 

investigation in accordance with section 

731 of the Act. Export price was 

calculated 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, 

normal value was calculated in 

accordance with section 773(c) of the 

Act. For a full description of the 

methodology underlying Commerce’s 

determination, see the Preliminary 

Decision Memorandum; see also the 

Issues and Decision Memorandum. 

Vietnam-Wide Entity 

For the reasons explained in our 

Preliminary Determination, we continue 

to find that neither the Vietnam-wide 

entity nor any company which is part of 

the Vietnam-wide entity has failed to 

cooperate in this investigation. 

Therefore, in accordance with our 

practice, to determine the estimated 

weighted-average dumping margin for 

the Vietnam-wide entity, Commerce 

assigns to the Vietnam-wide entity a rate 

equal to the average of publicly 

available ranged U.S. sales quantities of 

the mandatory respondents. 


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