[Federal Register Volume 87, Number 72 (Thursday, April 14, 2022)]
[Notices]
[Pages 22184-22186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07993]


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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\
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    \1\ See 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.
    \2\ See 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-Fair-Value Investigation; Correction, 
87 FR 7800 (February 10, 2022) (collectively, Preliminary Critical 
Circumstances Determination).
    \3\ See 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.
    \4\ See Preliminary Determination, 86 FR at 66526.
    \5\ See 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).
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    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 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).\6\
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    \6\ See Commerce's Letters, ``Supplemental Questionnaire In-Lieu 
of Onsite Verification,'' dated December 6, 2021.
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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.

[[Page 22185]]

Changes Since the Preliminary Determination

    Based on our analysis of the comments received, we made certain 
changes to the margin calculations for Ban Me Thuot and DakHoney. In 
light of these changes to the margin calculations and the resulting 
revised estimated weighted-average dumping margin for Ban Me Thuot and 
DakHoney, we have also revised the rates assigned to companies eligible 
for a separate rate and to the Vietnam-wide entity. For a discussion of 
these changes, see the ``Changes Since the Preliminary Determination'' 
section of the Issues and Decision Memorandum, and the Final Analysis 
Memoranda.\7\
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    \7\ See Memoranda, ``Less-Than-Fair-Value Investigation of Raw 
Honey from the Socialist Republic of Vietnam: Final Determination 
Calculations for Ban Me Thuot Honeybee Joint Stock Company,'' and 
``Less-Than-Fair-Value Investigation of Raw Honey from the Socialist 
Republic of Vietnam: Final Determination Calculations for Ban Me 
Thuot Honeybee Joint Stock Company,'' dated concurrently with this 
notice (Final Analysis Memoranda).
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Final Affirmative Determination of Critical Circumstances

    Commerce preliminarily determined that critical circumstances did 
exist for Ban Me Thuot and DakHoney, the eligible separate rate 
companies, and the Vietnam-wide entity.\8\ Parties submitted comments 
regarding our affirmative preliminary critical circumstances 
determination; see the Issues and Decision Memorandum. For the final 
determination, in accordance with section 735(a)(3) of the Act and 19 
CFR 351.206, Commerce continues to find that critical circumstances do 
exist for Ban Me Thuot and DakHoney, the eligible separate rate 
companies, and the Vietnam-wide entity. For a full description of the 
methodology and results of Commerce's critical circumstances analysis, 
see the Issues and Decision Memorandum.
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    \8\ See Preliminary Critical Circumstances Determination.
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Separate Rates

    No party commented on our preliminary separate rate determinations 
with respect to the mandatory respondents and the non-individually 
examined companies. Thus, there is no basis to reconsider the 
Preliminary Determination with respect to separate rate status for this 
final determination.

Combination Rates

    In the Initiation Notice,\9\ Commerce stated that it would 
calculate producer/exporter combination rates for the respondents that 
are eligible for a separate rate in this investigation.\10\ For the 
list of respondents that established eligibility for separate rates and 
exporter-producer combination rates applicable to these respondents, 
see the Final Determination section.
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    \9\ See Raw Honey from Argentina, Brazil, India, Ukraine, and 
the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-
Value Investigation, 86 FR 26897 (May 18, 2021) (Initiation Notice).
    \10\ See Enforcement and Compliance's Policy Bulletin No. 05.1, 
regarding, ``Separate-Rates Practice and Application of Combination 
Rates in Antidumping Investigations involving Non-Market Economy 
Countries,'' dated April 5, 2005, available at http://enforcement.trade.gov/policy/bull05-1.pdf.
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Final Determination

    Commerce determines that the final estimated weighted-average 
dumping margins are as follows:

------------------------------------------------------------------------
                                                     Estimated weighted-
           Producer                  Exporter          average dumping
                                                       margin (percent)
------------------------------------------------------------------------
Ban Me Thuot Honeybee Joint    Ban Me Thuot                        61.27
 Stock Company.                 Honeybee Joint
                                Stock Company.
Daklak Honeybee Joint Stock    Daklak Honeybee                     58.74
 Company.                       Joint Stock Company.
Dak Nguyen Hong Exploitation   Dak Nguyen Hong                     60.03
 of Honey Company Limited TA,   Exploitation of
 Nguyen Hong Honey Co., LTDTA.  Honey Company
                                Limited TA, Nguyen
                                Hong Honey Co.,
                                LTDTA.
Nhieu Loc Company Limited....  Nhieu Loc Company                   60.03
                                Limited.
Hoang Tri Honey Bee Company    Hoang Tri Honey Bee                 60.03
 Limited (a.k.a. Hoang Tri      Company Limited
 Honey Bee Co., Ltd), H. T      (a.k.a. Hoang Tri
 Honey Co., Ltd.                Honey Bee Co.,
                                Ltd), H. T Honey
                                Co., Ltd.
Viet Thanh Food Technology     Viet Thanh Food                     60.03
 Development Investment         Technology
 Company Limited, Viet Thanh    Development
 Food Co., Ltd.                 Investment Company
                                Limited, Viet Thanh
                                Food Co., Ltd.
Dongnai HoneyBee Corporation.  Dongnai HoneyBee                    60.03
                                Corporation.
Sai Gon Bees Limited Company,  Sai Gon Bees Limited                60.03
 Saigon Bees Co., Ltd., Sai     Company, Saigon
 Gon Bees Co., Ltd.             Bees Co., Ltd., Sai
                                Gon Bees Co., Ltd.
Huong Rung Trading--           Huong Rung Trading--                60.03
 Investment and Export          Investment and
 Company, Huong Rung Co., Ltd.  Export Company,
                                Huong Rung Co., Ltd.
Hai Phong Honeybee Company     Hai Phong Honeybee                  60.03
 Limited.                       Company Limited.
Bao Nguyen Honeybee Co., Ltd.  Bao Nguyen Honeybee                 60.03
                                Co., Ltd.
Southern Honey Bee Company     Southern Honey Bee                  60.03
 LTD.                           Company LTD.
Golden Bee Company Limited...  Golden Bee Company                  60.03
                                Limited.
Thanh Hao Bees Company         Thanh Hao Bees                      60.03
 Limited.                       Company Limited.
Daisy Honey Bee Joint Stock    Daisy Honey Bee                     60.03
 Company, Daisy Honey Bee       Joint Stock
 JSC, Daisy Honey Bee J.S.C.    Company, Daisy
                                Honey Bee JSC,
                                Daisy Honey Bee
                                J.S.C.
Bee Honey Corporation of Ho    Bee Honey                           60.03
 Chi Minh City, Bee Honey       Corporation of Ho
 Corp. of Ho Chi Minh City,     Chi Minh City, Bee
 Behonex Corp.                  Honey Corp. of Ho
                                Chi Minh City,
                                Behonex Corp.
Phong Son Limited Company,     Phong Son Limited                   60.03
 Phong Son Co., Ltd.            Company, Phong Son
                                Co., Ltd.
Hoa Viet Honeybee One Member   Hoa Viet Honeybee                   60.03
 Company Limited, Hoa Viet      One Member Company
 Honey Bee Co., Ltd., Hoa       Limited, Hoa Viet
 Viet Honeybee Co., Ltd.        Honey Bee Co.,
                                Ltd., Hoa Viet
                                Honeybee Co., Ltd.
Vietnam-wide Entity..........  Vietnam-wide Entity.                60.03
------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose to interested parties under 
Administrative Protective Order (APO), the calculations performed in 
connection with this final determination within five days of its public 
announcement or, if there is no public announcement, within five days 
of the date of publication of the notice of final determination in the 
Federal Register, in accordance with 19 CFR 351.224(b).

[[Page 22186]]

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(4)(A) of the Act, because we 
continue to find that critical circumstances exist, Commerce will 
instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all appropriate entries of raw honey from 
Vietnam, as described in Appendix I of this notice, which were entered, 
or withdrawn from warehouse, for consumption on or after August 25, 
2021, which is 90 days prior to the date of publication of the 
affirmative Preliminary Determination in the Federal Register.
    Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 
351.210(d), upon publication of this notice, Commerce will instruct CBP 
to require a cash deposit for estimated antidumping duties for such 
entries as follows: (1) For the exporter/producer combinations listed 
in the table above, the cash deposit rate is equal to the estimated 
weighted-average dumping margin listed for that combination in the 
table; (2) for all combinations of Vietnamese exporters/producers not 
listed in the above table, the cash deposit rate is equal to the 
estimated weighted-average dumping margin listed in the table for the 
Vietnam-wide entity; and (3) for all third-country exporters, the cash 
deposit rate is equal to the cash deposit rate applicable to the 
Vietnamese exporter/producer combination (or the Vietnam-wide entity) 
that supplied that third-country exporter. These suspension of 
liquidation instructions will remain in effect until further notice.

International Trade Commission (ITC) Notification

    In accordance with section 735(d) of the Act, Commerce will notify 
the ITC of the final affirmative determination of sales at LTFV. 
Because the final determination is affirmative, in accordance with 
section 735(b)(2)(B) 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, no later 
than 45 days after this final determination. If the ITC determines that 
material injury or threat of material injury does not exist, this 
proceeding will be terminated, and all cash deposited will be refunded. 
If the ITC determines that material injury or threat of material 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 APO

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

Notification to Interested Parties

    This determination is 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.

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

I. Summary
II. Background
III. Final Affirmative Determination of Critical Circumstances
IV. Changes Since the Preliminary Determination
V. Discussion of the Issues
    Comment 1: The Appropriate Surrogate Value (SV) for Raw Honey
    Comment 2: The Appropriate SV for New and Refurbished Drums
    Comment 3: The Appropriate Financial Statements
    Comment 4: Whether to Make Certain Adjustments to the Surrogate 
Financial Statements
    Comment 5: Whether Commerce Should Establish a Comments Schedule 
to Submit Factual Information to Rebut the Critical Circumstances 
Allegation
    Comment 6: Whether Commerce Should Include the Trade Names of 
the Separate Rate Companies
    Comment 7: Whether Commerce Should Adjust Ban Me Thuot's Gross 
Unit Price by its Reported Testing Expenses
    Comment 8: Whether Commerce Should Include DakHoney's 
Consumption of Unpainted Drums in the Calculation of DakHoney's Raw 
Material Cost
    Comment 9: Whether Commerce Should Treat Certain Claimed 
Discounts as Warranty Expenses
    Comment 10: Whether to Make an Adjustment to Raw Honey 
Consumption Factors
VI. Recommendation

[FR Doc. 2022-07993 Filed 4-13-22; 8:45 am]
BILLING CODE 3510-DS-P