[Federal Register: May 2, 2008 (Volume 73, Number 86)]
[Notices]
[Page 24220-24222]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02my08-45]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-357-812]
Honey from Argentina: Final Results of Antidumping Duty
Administrative Review and Determination Not to Revoke in Part
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On December 28, 2007, the Department of Commerce (the
Department) published its preliminary results of the administrative
review of the antidumping duty order on honey from Argentina. See Honey
from Argentina: Preliminary Results of Antidumping Duty Administrative
Review and Intent Not to Revoke in Part, 72 FR 73758 (December 28,
2007) (Preliminary Results). This administrative review covers five
firms, two of which were selected as mandatory respondents, Asociacion
de Cooperativas Argentinas (ACA) and Seylinco, S.A. (Seylinco). Based
on our analysis of comments received, the margins for the final results
do not differ from the preliminary results. See Preliminary Results.
EFFECTIVE DATE: May 2, 2008.
FOR FURTHER INFORMATION CONTACT: Maryanne Burke for Seylinco, Deborah
Scott for ACA or Robert James, Office 7, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW, Washington, DC 20230; telephone:
(202) 482-5604, (202) 482-2657 or (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 28, 2007, the Department published in the Federal
Register the preliminary results of the administrative review of the
antidumping duty order on honey from Argentina for the period December
1, 2005 to November 30, 2006. See Preliminary Results. In response to
the Department's invitation to comment on the Preliminary Results, the
American Honey Producers Association and the Sioux Honey Association
(collectively, petitioners) and respondents ACA and Seylinco filed
their case briefs on January 28, 2008. Petitioners and ACA submitted
their rebuttal briefs on February 4, 2008.
Period of Review
The period of review (POR) is December 1, 2005, to November 30,
2006.
[[Page 24221]]
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 under
this order is dispositive.
Determination Not to Revoke in Part
As discussed in the Preliminary Results, 72 FR at 73760, Seylinco
requested that the Department revoke the order in regard to Seylinco
pursuant to 19 CFR 351.222 based on three consecutive zero margins. We
preliminarily determined not to revoke the order with respect to
Seylinco because it did not ship in commercial quantities during each
of the three years forming the basis of its request. See id. For these
final results, the Department has relied upon Seylinco's sales activity
during the 2003-2004, 2004-2005, and 2005-2006 PORs in making its
decision with respect to Seylinco's revocation request. Although
Seylinco had three consecutive years of sales at not less than normal
value (NV), Seylinco did not sell subject merchandise in commercial
quantities in each of these three years forming the basis of the
request for revocation. Thus, Seylinco is not eligible for revocation
pursuant to 19 CFR 351.222(d)(1). Accordingly, we have determined not
to revoke the antidumping duty order with respect to Seylinco. See
Comment 5 of the Issues and Decision Memorandum from Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration, to David M.
Spooner, Assistant Secretary for Import Administration (Issues and
Decision Memorandum) accompanying this notice.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this administrative review are addressed in the Issues and Decision
Memorandum. A list of issues addressed in the Issues and Decision
Memorandum is appended to this notice. The Issues and Decision
Memorandum is on file in the CRU and can be accessed directly on the
web at http://www.ita.doc.gov/.
Changes Since the Preliminary Results
Based on our analysis of comments received we have made two changes
to the margin calculation for ACA. First, we converted the average cost
of production calculated for ACA's beekeepers from a per-kilogram to a
per-metric ton basis. Second, we added ACA's reported homogenization
costs to the average cost of production. These changes in the
calculation did not result in a change in the final margin. We made no
changes to the margin calculation for Seylinco.
Final Results of Review
We determine that the following dumping margins exist for the
period December 1, 2005 through November 30, 2006.
------------------------------------------------------------------------
Weighted Average
Manufacturer / Exporter Margin
(percentage)
------------------------------------------------------------------------
ACA................................................. 0.00
Seylinco............................................ 0.00
Patagonik S.A....................................... 0.00
El Mana, S.A........................................ 0.00
Naiman S.A.......................................... 0.00
------------------------------------------------------------------------
Assessment
The Department shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries. In accordance with 19 CFR 351.212(b)(1), we have calculated
duty assessment rates which will be applied uniformly on all ACA,
Seylinco, Patagonik S.A., El Mana S.A. and Naiman S.A. entries made
during the POR. The Department intends to issue assessment instructions
directly to CBP 15 days after the date of publication of these final
results of review. We will direct CBP to liquidate without regard to
antidumping duties.
The Department clarified its automatic assessment regulation on May
6, 2003 (68 FR 23954). This clarification will apply to entries of
subject merchandise during the POR produced by companies included in
these final results of review for which the reviewed companies did not
know their merchandise was destined for the United States. In such
instances, we will instruct CBP to liquidate unreviewed entries at the
all-others rate if there is no rate for the intermediate company(ies)
involved in the transaction. For a full discussion of this
clarification, see Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date, consistent
with section 751(a)(1) of the Tariff Act of 1930, as amended (the
Tariff Act): (1) cash deposit rate for ACA, Seylinco, Patagonik S.A.,
El Mana S.A. and Naiman S.A. will be zero; (2) if the exporter is not a
firm covered in this review, but was covered in a previous review or
the original less than fair value (LTFV) investigation, the cash
deposit rate will continue to be the company-specific rate published
for the most recent period; (3) if the exporter is not a firm covered
in this review, a prior review, or the original LTFV investigation, but
the manufacturer is, the cash deposit rate will be the rate established
for the most recent period for the manufacturer of the merchandise; and
(4) if neither the exporter nor the manufacturer is a firm covered in
this or any previous review conducted by the Department, the cash
deposit rate will continue to be 30.24 percent, which is the all-others
rate established in the LTFV investigation. See Notice of Antidumping
Duty Order; Honey From Argentina, 66 FR 63672 (December 10, 2001).
These deposit requirements, when imposed, shall remain in effect until
publication of the final results of the next administrative review.
Notification to Interested Parties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this review period. Failure to comply with this
requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
This notice also serves as a reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, which continues
to govern business proprietary information in this segment of the
proceeding. Timely written notification of the return/destruction of
APO
[[Page 24222]]
materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation, which is subject to sanction.
We are issuing and publishing this determination and notice in
accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act.
Dated: April 28, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
Appendix - List of Comments in the Issues and Decision Memorandum
ACA
Comment 1. Reclassification of ACA's Reported Testing and
Homogenization Expenses
Comment 2. Date of Sale and Selection of the United Kingdom as the
Third-Country Market
Comment 3. Whether Sales to the United Kingdom Are Representative
Comment 4. Issues Related to the Cost of Production
Seylinco
Comment 5. Revocation
[FR Doc. E8-9729 Filed 5-1-08; 8:45 am]
BILLING CODE 3510-DR-S