BILLING CODE: 3510-DS-P
DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-857]
Raw Honey from Brazil: Preliminary Results and Partial Rescission of Antidumping Duty
Administrative Review; 2021-2023
AGENCY: Enforcement and Compliance, International Trade Administration, Department of
Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds that raw
honey from Brazil was sold in the United States at below normal value (NV) during the period of
review (POR) November 23, 2021, through May 31, 2023. We are also rescinding the review
with respect to certain companies that had no entries of the subject merchandise during the POR.
We invite interested parties to comment on these preliminary results.
DATES: Applicable [Insert date of publication in the Federal Register].
FOR FURTHER INFORMATION CONTACT: Rachel Jennings, 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)-4821110.
SUPPLEMENTARY INFORMATION:
Background
On August 3, 2023, Commerce initiated an administrative review of the antidumping
duty order on raw honey from Brazil, in accordance with section 751(a) of the Tariff Act of
1930, as amended (the Act).1 This review covers 23 companies.2 On August 29, 2023,

See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 88 FR 51271 (August 3, 2023)
(Initiation Notice); see also Raw Honey from Argentina, Brazil, India, and the Socialist Republic of Vietnam:
Antidumping Duty Orders, 87 FR 35501 (June 10, 2022) (Order).
2 See Initiation Notice.
Commerce selected Apis Nativa Agroindustrial Exportadora Ltda. (Apis Nativa) and Melbras
Importadora E Exportadora Agroindustrial Ltda. (Melbras) for individual examination as
mandatory respondents.3
On February 14, 2024, Commerce extended the time limit for completing the preliminary
results of this review until June 28, 2024.4 For details regarding the events that occurred
subsequent to the initiation of the review, see the Preliminary Decision Memorandum.5
Scope of the Order
The product covered by the scope of this Order is raw honey from Brazil. A complete
description of the scope of the Order is contained in the Preliminary Decision Memorandum.6
Rescission of Administrative Review, in Part
Pursuant to 19 CFR 351.213(d)(3), when there are no reviewable entries of subject
merchandise during the POR subject to the antidumping duty order for which liquidation is
suspended, Commerce may rescind an administrative review, in whole or only with respect to a
particular exporter or producer.7
At the end of the administrative review, any suspended entries are liquidated at the
assessment rate computed for the review period.8 Therefore, for an administrative review to be
conducted, there must be a reviewable, suspended entry to be liquidated at the newly calculated
assessment rate. On May 20, 2024, Commerce notified all interested parties of its intent to
rescind this review with respect to certain companies because those companies had no
reviewable, suspended entries of subject merchandise and invited parties to comment.9 We

See Memorandum, “Respondent Selection,” dated August 29, 2023.
See Memorandum, “Extension of Deadline for Preliminary Results of Antidumping Duty Administrative Review,”
dated February 14, 2024.
5 See Memorandum, “Decision Memorandum for the Preliminary Results of the Antidumping Duty Administrative
Review of Raw Honey from Brazil and Partial Rescission of Administrative Review; 2021-2023,” dated
concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum).
6 Id. at “Scope of the Order.”
7 See, e.g., Forged Steel Fittings from Taiwan: Rescission of Antidumping Duty Administrative Review; 2018-2019,
85 FR 71317, 71318 (November 9, 2020); see also Certain Circular Welded Non-Alloy Steel Pipe from Mexico:
Rescission of Antidumping Duty Administrative Review; 2016-2017, 83 FR 54084 (October 26, 2018).
8 See 19 CFR 351.212(b)(1).
9 See Memorandum, “Notice of Intent to Rescind Review, In Part,” released on May 20, 2024.
3
received no comments on our intent to rescind the review with respect to these companies.
Accordingly, pursuant to 19 CFR 351.213(d)(3) and (d)(4), we are rescinding this administrative
review with respect to the five companies listed in Appendix III to this notice that had no
reviewable, suspended entries of subject merchandise during the POR.10
Methodology
Commerce is conducting this review in accordance with section 751(a) of the Act. We
calculated export price and constructed export price in accordance with sections 772(a) and
772(b) of the Act, respectively. For a full description of the methodology underlying these
preliminary results, see the Preliminary Decision Memorandum. See Appendix I for a complete
list of topics discussed in the Preliminary Decision Memorandum. The Preliminary 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 Preliminary Decision Memorandum is available at
https://access.trade.gov/public/FRNoticesListLayout.aspx.
Rate for Non-Examined Companies
The Act and Commerce’s regulations do not address the establishment of a rate to be
applied to companies not selected for examination when Commerce limits its examination in an
administrative review pursuant to section 777A(c)(2) of the Act. Generally, Commerce looks to
section 735(c)(5) of the Act, which provides instructions for calculating the all-others rate in a
market economy investigation, for guidance when calculating the rate for companies which were
not selected for individual examination in an administrative review. Under section 735(c)(5)(A)
of the Act, the all-others rate is normally “an amount equal to the weighted average of the
estimated weighted-average dumping margins established for exporters and producers

See Memorandum, “CBP Data Release,” dated August 14, 2023, at Attachment.

individually investigated, excluding any zero and de minimis margins, and any margins
determined entirely {on the basis of facts available}.”
In this review, we have preliminarily calculated weighted-average dumping margins of
zero percent and 2.31 percent for Apis Nativa and Melbras, respectively. Therefore, in
accordance with section 735(c)(5)(A) of the Act, we are preliminarily applying Melbras’
weighted-average dumping margin of 2.31 percent to the non-examined companies, because this
is the only rate that is not zero, de minimis, or based entirely on facts available.
Preliminary Results of the Review
We preliminarily determine that the following estimated weighted-average dumping
margins exist during the period November 23, 2021, through May 31, 2023:

Exporter/Producer
Apis Nativa Agroindustrial Exportadora Ltda.
Melbras Importadora E Exportadora Agroindustrial Ltda.
Non-Examined Companies11
Disclosure and Public Comment

Weighted-Average Dumping
Margin (percent)
0.00
2.31
2.31

Commerce intends to disclose the calculations performed in connection with these
preliminary results to interested parties within five days after the date of publication of this
notice, or, if there is no public announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).12
Pursuant to 19 CFR 351.309(c), interested parties may submit case briefs no later than 30
days after the date of publication of this notice. Rebuttal briefs, limited to issues raised in the
case briefs, may be filed not later than five days after the date for filing case briefs.13 Interested
parties who submit case briefs or rebuttal briefs in this proceeding must submit: (1) a table of
contents listing each issue; and (2) a table of authorities.14 As provided under 19 CFR

See Appendix II for a list of these companies.
See 19 CFR 351.224(b).
13 See 19 CFR 351.309(d); see also Administrative Protective Order, Service, and Other Procedures in Antidumping
and Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 2023) (APO and Service Procedures).
14 See 19 351.309(c)(2) and (d)(2).
11
351.309(c)(2) and (d)(2), in prior proceedings we have encouraged interested parties to provide
an executive summary of their briefs that should be limited to five pages total, including
footnotes. In this review, we instead request that interested parties provide at the beginning of
their briefs a public, executive summary for each issue raised in their briefs.15 Further, we
request that interested parties limit their public executive summary of each issue to no more than
450 words, not including citations. We intend to use the public executive summaries as the basis
of the comment summaries included in the issues and decision memorandum that will
accompany the final results in this administrative review. We request that interested parties
include footnotes for relevant citations in the public executive summary of each issue. Note that
Commerce has amended certain of its requirements pertaining to the service of documents in 19
CFR 351.303(f).16
Interested parties who wish to request a hearing must do so within 30 days of publication
of these preliminary results by submitting a written request to the Assistant Secretary, filed
electronically via ACCESS.17 Requests should contain the party’s name, address, and telephone
number, the number of participants, whether any participant is a foreign national, and a list of the
issues to be discussed. Issues raised in the hearing will be limited to those raised in the
respective case and rebuttal briefs.18 If a request for a hearing is made, Commerce intends to
hold the hearing at a time and date to be determined. Parties should confirm the date and time of
the hearing two days before the scheduled date. Parties are reminded that all briefs and hearing
requests must be filed electronically using ACCESS and received successfully in their entirety
by 5:00 p.m. Eastern Time on the due date.

We use the term “issue” here to describe an argument that Commerce would normally address in a comment of
the Issues and Decision Memorandum.
16 See APO and Service Procedures.
17 See 19 CFR 351.310(c).
18 See 19 CFR 351.310.
Assessment Rates
The final results of this review shall be the basis for the assessment of antidumping duties
on entries of merchandise covered by this review and for future deposits of estimated duties,
where applicable.19
Upon completion of the final results of this administrative review, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on
all appropriate entries covered by this review. If a respondent’s weighted-average dumping
margin is not zero or de minimis (i.e., less than 0.5 percent) in the final results of this review, we
will calculate importer-specific assessment rates based on the ratio of the total amount of
dumping calculated for the importer’s examined sales to the total entered value of those same
sales in accordance with 19 CFR 351.212(b)(1). We intend to instruct CBP to assess
antidumping duties on all appropriate entries covered by this review. Where an importer-specific
assessment rate is zero or de minimis in the final results of this review, we intend to instruct CBP
to liquidate the appropriate entries without regard to antidumping duties in accordance with 19
CFR 351.106(c)(2).
For the companies in Appendix III, we will instruct CBP to assess antidumping duties on
any suspended entries that entered under their CBP case numbers (i.e., at that exporter’s rate) at a
rate equal to the cash deposit of estimated antidumping duties required at the time of entry, or
withdrawal from warehouse, for consumption, during the POR.
In accordance with Commerce’s “automatic assessment” practice, for entries of subject
merchandise during the POR produced Apis Nativa or Melbras for which these companies did
not know that the merchandise was destined for the United States, we will instruct CBP to
liquidate those entries at the all-others rate established in the original less-than-fair-value (LTFV)
investigation (i.e., 7.89 percent),20 if there is no rate for the intermediate company(ies) involved

19
See section 751(a)(2)(C) of the Act.
See Order, 87 FR at 35503.

in the transaction.21 For the companies which were not selected for individual review, we will
assign an assessment rate based on the review-specific average rate, calculated as noted in the
“Preliminary Results of Review” section above.
Commerce intends to issue assessment instructions to CBP no earlier than 35 days after
the publication date of the final results of this review in the Federal Register. If a timely
summons is filed at the U.S. Court of International Trade, the assessment instructions will direct
CBP not to liquidate relevant entries until the time for parties to file a request for a statutory
injunction has expired (i.e., within 90 days of publication).
Cash Deposit Requirements
The following cash deposit requirements will be effective for all shipments of the subject
merchandise entered, or withdrawn from warehouse, for consumption on or after the publication
date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the
Act: (1) the cash deposit rate for the companies listed in the final results of this review will be
equal to the weighted-average dumping margin established in the final results of this
administrative review except if the rate is less than 0.50 percent and, therefore, de minimis within
the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero; (2) for
merchandise exported by producers or exporters not covered in this review but covered in a prior
segment of the proceeding, the cash deposit rate will continue to be the company-specific rate
published for the most recently-completed segment of this proceeding in which they were
reviewed; (3) if the exporter is not a firm covered in this review, or the original LTFV
investigation, but the producer is, then the cash deposit rate will be the rate established for the
most recently-completed segment of this proceeding for the producer of the merchandise; and (4)
the cash deposit rate for all other producers or exporters will continue to be 7.89 percent, the allothers rate established in the LTFV investigation as adjusted for the export-subsidy rate in the

For a full description of this practice, see Antidumping and Countervailing Duty Proceedings: Assessment of
Antidumping Duties, 68 FR 23954 (May 6, 2003).
companion countervailing duty investigation.22 The cash deposit requirements, when imposed,
shall remain in effect until further notice.
Final Results of Review
Unless extended, Commerce intends to issue the final results of this administrative
review, including the results of its analysis of the issues raised in any written briefs, not later
than 120 days after the date of publication of this notice, pursuant to section 751(a)(3)(A) of the
Act and 19 CFR 351.213(h)(1).
Notification to Importers
This notice serves as a preliminary reminder to importers of their responsibility under 19
CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior
to liquidation of the relevant entries during the POR. Failure to comply with this requirement
could result in Commerce’s presumption that reimbursement of antidumping duties occurred and
the subsequent assessment of double antidumping duties.
Notification to Interested Parties
Commerce is issuing and publishing these results in accordance with sections 751(a)(1)
and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).
Dated: June 28, 2024.
Ryan Majerus,
Deputy Assistant Secretary
for Policy and Negotiations,
performing the non-exclusive functions and duties
of the Assistant Secretary for Enforcement and Compliance.

See Order, 85 FR at 19926.

Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I.
II.
III.
IV.
V.
VI.
VII.

Summary
Background
Scope of the Order
Partial Rescission of Administrative Review
Discussion of the Methodology
Currency Conversion
Recommendation

Appendix II
List of Companies Not Individually Examined
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.

Apidouro Comercial Exportadora E Importadora Ltda.
Apiários Adams Agroindustrial Comercial Exportadora Ltda.
Breyer & Cia. Ltda.
Cooperativa Mista Dos Apicultores D
Flora Nectar
Lambertucci
Minamel
Nectar Floral
S & A Honey Ltda.
Apiário Diamante Comercial Exportadora Ltda/Apiário Diamante Produção e Comercial
de Mel Ltda (Supermel)
Central de Cooperativas Apícolas do Semiárido Brasileiro—CASA APIS23
Floranectar Ind. Comp. Imp. E Exp. De Mel
Minamel Agroindústria Ltda.
Annamell Imp. E Exp. De Produtos Apicoloas Ltda.
Conexão Agro Ltda ME
Wenzel’s Apicultura Comercio Industria Importacao E Exportacao Ltda.24

We also initiated this review on “Central De Cooperativas Apicolas Do (CASA APIS),” which we are
preliminarily considering to be the same company. See Initiation Notice.
24 We also initiated this review on “Wenzel’s Apicultura,” which we are preliminarily considering to be the same
company. See Initiation Notice.
Appendix III
Companies Rescinded from Administrative Review
1.
2.
3.
4.
5.

Carnauba Do Brasil Ltda.
Novomel
Safe Logistics
Samel Honey
STM Trading

[FR Doc. 2024-14712 Filed: 7/3/2024 8:45 am; Publication Date: 7/5/2024]