Crowell & Moring LLP is pleased to announce a significant legal victory on behalf of our clients, Apiário Diamante Comercial Exportadora Ltda. and Apiário Diamante Produção e Comercial de Mel Ltda. (collectively known as “Supermel”). The United States Court of International Trade, in a decision issued by Judge Timothy C. Stanceu on May 30, 2024, has remanded the U.S. Department of Commerce’s final determination in the antidumping duty investigation on Raw Honey from Brazil.

In its April 2022 final determination, the Department of Commerce had assigned Supermel a punitive dumping margin of 83.72%, a decision based on the application of total adverse facts available (“AFA”).  The court found that this decision was unsupported by substantial evidence, noting multiple deficiencies in Commerce’s analysis.  Notably, the court determined that the agency wrongly relied on differences between information submitted by Supermel and its beekeepers and found no deficiencies in the accounting records provided by Supermel.  The court also found that Commerce had not adequately notified Supermel of alleged discrepancies in their submissions, nor provided sufficient opportunity to remedy these deficiencies. 

The court ordered the Department of Commerce to reconsider its application of AFA and determine a new dumping margin for Supermel based on the existing record.  Commerce is required to submit the remand redetermination within 60 days, followed by a 45-day comment period. 

Crowell & Moring LLP is dedicated to advocating for fair trade and supporting our clients in navigating the complexities of international trade law. This victory exemplifies our commitment to achieving favorable outcomes for our clients through diligent representation and legal expertise.

For more information, please contact:

Daniel J. Cannistra
Partner, Crowell & Moring LLP
Phone: (202) 624-2902
Email: dcannistra@crowell.com

Pierce J. Lee
Counsel, Crowell & Moring LLP
Phone: (202) 508-8780
Email: plee@crowell.com