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Raw Honey: New AD Duty Investigations Deadlines and Scope

The Commerce Department May 17 released a notice on its recently initiated antidumping duty investigations on raw honey from Argentina, Brazil, India, Ukraine and Vietnam (A-357-823, A-351-857, A-533-903, A-823-820, A-552-833).

The International Trade Commission will conduct concurrent investigations to determine whether imports of dumped and illegally subsidized raw honey are injuring U.S. industry. If the ITC finds no injury in its preliminary injury determination, due June 7, the investigations will immediately end. If Commerce finds dumping in the preliminary determinations of these investigations, currently due in September, it will set AD duty cash deposit requirements for imports of merchandise subject to the investigation. If both Commerce and the ITC reach affirmative final determinations, Commerce will issue AD duty orders making duties permanent and beginning a process of annual administrative reviews to set final assessments of AD duties on importers and potentially change AD duty cash deposit rates.

Respondent Selection

Commerce said it will pick respondents for its AD duty investigations on Argentina, Brazil, India and Ukraine based on CBP import data. For Vietnam, Commerce will send quantity and value questionnaires to each potential respondent, and will base respondent selection on the responses it receives. Exporters that don't get a quantity and value questionnaire can submit one using the forms that will be made available on the Commerce website. Responses are due May 27.

Scope of the AD/CVD Investigations

The merchandise covered by these investigations 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 these investigations 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 these investigations is dispositive.

Participants in the AD/CV duty investigations may submit comments on product coverage under the scope of the investigations. Comments on the scope are due by 5 p.m. EDT June 1.

Investigations Timetable

EventAD Duty
Petitions filed04/21/21
DOC initiation date05/11/21
ITC prelim determinations06/07/21
DOC prelim determinations09/28/21
DOC final determinations12/13/21
ITC final determinations01/27/22
Issuance of orders02/03/22

These deadlines may be postponed. The Commerce Department fact sheet on the initiation of these investigations is (here).