(Espacio Apícola, November 25th, 2021) The
US Department of Commerce investigation initiated last May into a demand for anti-dumping actions against raw honey imported from
Argentina, Brazil, India, Ukraine and Vietnam, as we described it in detail in
our issue #132 of Espacio Apícola, reached its
Preliminary Determination on November 17 and was published by the
Federal Register on Tuesday 23.
With this publication, the taxes imposed, already
reported by us on November 18 are confirmed, and the
U.S. Customs and Border Protection is instructed to suspend liquidation of entries of subject merchandise and to collect a cash deposit for each import of honey equivalent to the preliminary rate determined for each honey exporting company from each country investigated, since this publication.
This publication also includes the situation of the last two demands filed by the petitioners in the framework of the main investigation. A demand for alleged fiscal disorders that would induce a downward price of honey in the Argentine market, for which they alleged the incorporation into the investigation of the figure of the
Particular Market Situation (PMS); and another demand asking for retroactive tariff considering that Argentine exporting companies were advancing exports to evade the payment of tariffs, in what is known and described as "
Critical Circumstances".
Regarding a
Particular Market Situations (PMS), alleged by the petitioners in an attempt to associate the situation previously analyzed and judged by the
DOC against the importation of biodiesel from
Argentina, the
DOC concluded that in the case of honey imported from
Argentina, no there is such a particular situation. As we analyzed in
Espacio Apícola 133, the presentation made by the
Argentine Government, accompanying the respective presentations of the companies, and which we published in full, was very clear about the objectives of the Argentine Government's fiscal policy with regard to export duties and in the explanation of different conditions with respect to the biodiesel.
The
Affirmative Preliminary Determination against Argentine honey also confirmed the
Affirmative Preliminary Determination of Critical Circumstances. This demand had also been asked in the case of honeys from
Brazil and
India. In the case of
Brazil, there is no reference to the issue in the publication of the
Federal Register, while in the case of
India it is made explicit that no critical circumstances were generated. But in the case of honey from
Argentina, an
Affirmative Preliminary Determination of Critical Circumstances was promulgated. For this determination, exports of Argentine honey were compared, in volume and price, between December 2020 and April 2021 with those made between May 2021 and September 2021. In that period, the exports of
NEXCO S.A. did not reach a difference whose determination threshold is 15%, while in the case of
ACA, Industrial Haedo, CIPSA and the others, they did reach that threshold, for which the
DOC considers, according the statutes of the corresponding Act, which had a "massive increase" in that period. We have not yet found specific penalties and we believe that this Determination will be the subject of new allegations and discussion in order to determine if retroactive tariffs will be charged and in what period.
Everything seems to be tailored to the petitioners, who have in the Argentine honey their main competition in the US bottled honey market. Some gossipers even say that
Joe will celebrate
Thanksgiving dinner explaining how to comfort the friends of the Argentine beekeeping establishment, just as he did with his peer,
Emanuel, when
Joe sent him to eat his submarines for
Autralia ... the Comment says dinner will take place somewhere in
Dakota; cooperative members would come there from
Iowa with a few turkeys glazed with Indian honey. In these comments, it is assumed that the president will bring pins for everyone in this celebration, hoping that this
DOC Preliminary Determination will change the Republican scenery of the midwest for the Senate elections, next year. Oh, with these gossipers!
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Fernando Esteban