[Federal Register: December 2, 2005 (Volume 70, Number 231)]
[Notices]
[Page 72294-72295]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02de05-29]
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DEPARTMENT OF COMMERCE
International Trade Administration
(A-357-812)
Honey from Argentina: Rescission of Antidumping Duty New Shipper
Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On February 4, 2005, the Department of Commerce (the
Department) published the initiation of a new shipper review of the
antidumping duty order on honey from Argentina covering the period
December 1, 2003, to December 31, 2004. See Honey From Argentina:
Initiation of New Shipper Antidumping Duty Administrative Review, (New
Shipper Initiation), 70 FR 5965 (February 4, 2005). This review covers
one exporter, El Mana S.A. (El Mana) of Argentina. For the reasons
discussed below and in an our accompanying Rescission Memorandum, we
are rescinding this new shipper review in its entirety.
EFFECTIVE DATE: December 2, 2005.
FOR FURTHER INFORMATION CONTACT: David Cordell or Robert James, AD/CVD
Operations, Office 7, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
0408 and (202) 482-0469, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise covered by the order is honey from Argentina. The
products covered are natural honey, artificial honey containing more
than 50 percent natural honey by weight, preparations of natural honey
containing more than 50 percent natural honey by weight, and flavored
honey. The subject merchandise includes all grades and colors of honey
whether in liquid, creamed, comb, cut comb, or chunk form, and whether
packaged for retail or in bulk form. The merchandise is currently
classifiable under subheadings 0409.00.00, 1702.90.90, and 2106.90.99
of the Harmonized Tariff Schedule of the United States (HTSUS).
Although the HTSUS subheadings are provided for convenience and customs
purposes, the Department's written description of the merchandise
subject to this order is dispositive.
Background
On December 30, 2004, the Department received a letter from El
Mana, an exporter, requesting that the Department conduct a new shipper
review of the antidumping duty order on honey from Argentina. On
January 31, 2005, the Department initiated this antidumping new shipper
review covering the period December 1, 2003, to December 31, 2004. See
Honey From Argentina: Initiation of New Shipper Antidumping Duty
Administrative Review, 70 FR 5965 (February 4, 2005). On February 8,
2005, the Department issued sections A-C of the Department's
antidumping questionnaire to El Mana.
[[Page 72295]]
El Mana responded to the Department's questionnaires on March 3 and
March 4, 2005 (section A), and March 21, 2005 (sections B and C) (QR).
On February 8, 2005, the Department issued a questionnaire to the
importer of record for the U.S. sale at issue. The importer responded
on March 21, 2005.
On April 26, 2005, the Department issued its first supplemental
questionnaire to El Mana. El Mana responded on May 19, 2005. The
Department issued a second supplemental questionnaire to El Mana on May
24, 2005, to which El Mana responded on May 31, 2005. The Department
then requested additional information on June 20, 2005, to which El
Mana filed its response on July 5, 2005. Petitioners submitted comments
to the supplemental questionnaire responses (SQR) on July 8, 2005. On
July 25, 2005, the Department issued a final supplemental
questionnaire, to which El Mana responded on August 12, 2005.
On June 23, 2005, the Department published a notice of extension of
the time limit for the completion of the preliminary results until
November 28, 2005. See 70 FR 36374.
On September 26, the Department issued a memorandum ``New Shipper
Review of the Antidumping Duty Order on Honey from Argentina: Intent to
Rescind the Review with Respect to El Mana. `` On October 6, 2005, both
petitioners (the American Honey Producers Association and the Sioux
Honey Association) and the respondent El Mana provided comments to our
stated intent to rescind. On October 11, 2005, both petitioners and
respondent issued rebuttal comments. On October 14, 2005, petitioners
provided additional comments concerning new information in respondent's
rebuttal comments. On November 10, 2005, the Department rejected El
Mana's rebuttal comments dated October 11, 2005, and asked El Mana to
resubmit the rebuttal comments without reference to the new information
included in the October 11, 2005, submission. At the same time, the
Department rejected petitioners additional comments, dated October 14,
2005, as they included references to the new information referenced by
El Mana in its October 11, 2005, submission. El Mana refiled its
rebuttal comments on November 15, 2005, and these were also rejected
for the same reasons. Subsequently, El Mana refiled the comments on
November 16, 2005.
Analysis of New Shipper Review
On September 26, 2005, the Department issued a memorandum detailing
our intent to rescind this review because we preliminarily determined
the cooperative that supplied El Mana with the subject merchandise
knew, or should have known, that the final destination of the subject
merchandise was the United States. See Memorandum to Barbara E.
Tillman, entitled ``New Shipper Review of the Antidumping Duty Order on
Honey from Argentina: Intent to Rescind the Review with Respect to El
Mana,'' dated August September 26, 2005 (Intent to Rescind Memorandum).
The Department preliminarily determined the cooperative had in its
possession at the time of sale of the subject merchandise to El Mana,
labels indicating the final destination of the subject merchandise as
the United States. The totality of the facts on the record led the
Department to conclude that the cooperative had or should have had
knowledge that the merchandise was destined for the United States. The
Department stated that because there was no request for a review of the
cooperative's sale to El Mana and because El Mana made no other sales
during the POR, the Department intended to rescind the current new
shipper review of El Mana.
Rescission of New Shipper Review
For the reasons stated in the accompanying Rescission Memorandum
and as outlined above, and pursuant to section 751(a)(2)(B) and 19 CFR
351.214(f), we are rescinding this new shipper review. Parties can find
a complete discussion of the issues raised in this new shipper review
and the corresponding recommendations in this memorandum, which is on
file in the Central Records Unit, room B-099 of the main Commerce
Building. Since the Department is rescinding the new shipper review, we
are not calculating a company-specific rate for El Mana.
Notification
The Department will notify U.S. Customs and Border Protection (CBP)
that bonding is no longer permitted to fulfill security requirements
for shipments of Argentine honey by El Mana entered, or withdrawn from
warehouse, for consumption in the United States on or after the
publication of this rescission notice in the Federal Register, and that
a cash deposit of 30.24 percent ad valorem should be collected for any
entries exported by El Mana.
We are issuing and publishing this determination and notice in
accordance with sections 751(a)(2)(B) and 777(i) of the Act.
Dated: November 28, 2005.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
Appendix - Rescission Memorandum
1. Cooperative's knowledge of the destination of the merchandise at the
time of sale.
2. Date of sale of subject merchandise by El Mana to the U.S. customer.
3. El Mana as a trading company or reseller
4. Other Issues raised by petitioner
[FR Doc. 05-23561 Filed 12-1-05; 8:45 am]
BILLING CODE 3510-DS-S