New Antidumping Petitions on Raw Honey from Argentina, Brazil, India, Ukraine and Vietnam
On April 21, 2021, the American Honey Producers Association and the Sioux Honey Association (the Petitioners) filed antidumping duty (AD) petitions on raw honey from Argentina, Brazil, India, Ukraine and Vietnam.
The U.S. AD law imposes special tariffs to counteract imports that are sold in the United States at less than “normal value.” For AD duties to be imposed, the U.S. government must determine not only that dumping is occurring, but also that there is “material injury” (or threat thereof) by reason of the dumped imports. Importers are liable for any potential AD duties imposed. In addition, these investigations could impact purchasers by increasing prices and/or decreasing supply of raw honey.
Scope:
Per the Petition:
The merchandise covered by these petitions 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. The subject products include all grades, floral sources and colors of raw honey and also includes organic raw honey.
Excluded from the scope is comb honey or 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 order is currently classifiable under statistical subheading 0409.0000.05, 0409.0000.35, 0409.0000.45, 0409.0000.56, and 0409.0000.65 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 order is dispositive.
Estimated Dumping Margins:
Petitioners allege the following dumping margins:
Argentina: 16.83 to 22.60 percent
Brazil: 114.50 percent
India: 34.22 to 99.16 percent
Ukraine: 10.56 to 94.84 percent
Vietnam: 207.08 percent
Estimated Schedule of Investigation:
The following is an estimated schedule of investigations by the U.S. Department of Commerce (DOC) and the U.S. International Trade Commission (ITC):
| April 21, 2021 | Petitions are filed. | May 11, 2021 | DOC initiates investigations. |
| May 12, 2021 | ITC staff conference (estimated). |
| June 7, 2021 | Deadline for ITC preliminary injury determinations. |
| September 28, 2021 | Deadline for DOC preliminary AD determinations, if deadlines are NOT postponed. |
| November 17, 2021 | Deadline for DOC preliminary AD determinations, if deadline are fully postponed. |
| April 1, 2022 | Deadline for DOC final AD determinations, if all deadlines are fully postponed. |
| May 16, 2022 | Deadline for ITC final injury determinations, if all DOC deadlines are fully postponed. |
For further information, contact Douglas J. Heffner, Richard P. Ferrin or any other member of the Customs and International Trade Team.
The material contained in this communication is informational, general in nature and does not constitute legal advice. The material contained in this communication should not be relied upon or used without consulting a lawyer to consider your specific circumstances. This communication was published on the date specified and may not include any changes in the topics, laws, rules or regulations covered. Receipt of this communication does not establish an attorney-client relationship. In some jurisdictions, this communication may be considered attorney advertising.
Meet the Authors
