[Federal Register Volume 75, Number 85 (Tuesday, May 4, 2010)]
[Notices]
[Pages 23674-23675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10479]
[[Page 23674]]
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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 to Revoke Order in Part
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On December 28, 2009, the Department of Commerce (the
Department) published its preliminary results of the 2007-2008
administrative review of the antidumping duty order on honey from
Argentina. See Honey from Argentina: Preliminary Results of Antidumping
Duty Administrative Review and Intent to Revoke Order in Part, 74 FR
68570 (December 28, 2009) (Preliminary Results). This review covers one
exporter, Asociacion de Cooperativas Argentinas (ACA). The period of
review (POR) is December 1, 2007, through November 30, 2008. We invited
interested parties to comment on the Preliminary Results, and received
no comments. Therefore, our final results remain unchanged from our
Preliminary Results, and we are revoking the order with respect to ACA.
EFFECTIVE DATE: May 4, 2010.
FOR FURTHER INFORMATION CONTACT: John Drury or Dena Crossland, Office
7, Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, NW,
Washington, DC 20230; telephone: (202) 482-0195 or (202) 482-3362,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 28, 2009, 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, 2007, through November 30, 2008. See Preliminary Results. We invited
parties to comment on the Preliminary Results. We received no comments
or a request for a hearing.
As explained in the memorandum from the Deputy Assistant Secretary
(DAS) for Import Administration, the Department exercised its
discretion to toll Import Administration deadlines for the duration of
the closure of the Federal Government from February 5, through February
12, 2010. Thus, all deadlines in this segment of the proceeding were
extended by seven days. Therefore, the revised deadline for the final
results of this review became May 4, 2010. See Memorandum to the Record
from Ronald Lorentzen, DAS for Import Administration, regarding
``Tolling of Administrative Deadlines As a Result of the Government
Closure During the Recent Snowstorm,'' dated February 12, 2010.
Period of Review
The POR is December 1, 2007, through November 30, 2008.
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 to Revoke Order, in Part
The Department may revoke, in whole or in part, an antidumping duty
order upon completion of a review under section 751 of the Tariff Act
of 1930, as amended (the Act). While Congress has not specified the
procedures that the Department must follow in revoking an order, in
whole or in part, the Department has developed a procedure for
revocation that is described in 19 CFR 351.222. For exporters or
producers requesting revocation from an antidumping duty order, this
regulation requires, inter alia, that the company submit the following:
(1) a certification that the company has sold the subject merchandise
at not less than normal value (NV) in the current review period and
that the company will not sell subject merchandise at less than NV in
the future; (2) a certification that the company sold commercial
quantities of the subject merchandise to the United States in each of
the three years forming the basis of the request; and (3) an agreement
to immediate reinstatement in the order if the Department concludes
that the company, subsequent to the revocation, sold subject
merchandise at less than NV. See 19 CFR 351.222(e)(1). Upon receipt of
such a request, the Department will consider: (1) whether the company
in question has sold subject merchandise at not less than NV for a
period of at least three consecutive years and is not likely to sell
the subject merchandise at less than NV in the future; and (2) whether
the company has agreed in writing to its immediate reinstatement in the
order, as long as any exporter or producer is subject to the order, if
the Department concludes that the company, subsequent to the
revocation, sold the subject merchandise at less than NV. See 19 CFR
351.222(b)(2).
On December 30, 2008, pursuant to section 751(d) of the Act and 19
CFR 351.222(b)(2), ACA requested revocation of the antidumping duty
order with respect to its sales of subject merchandise. ACA's request
was accompanied by certification that it: (1) sold subject merchandise
at not less than NV in the current review period and will not sell
subject merchandise at less than NV in the future; (2) sold subject
merchandise in commercial quantities during each of the consecutive
three years forming the basis for its request for revocation; and (3)
agreed to immediate reinstatement of the antidumping duty order if the
Department concludes ACA has sold subject merchandise at less than NV
subsequent to revocation. See 19 CFR 351.222(e)(1).
In the Preliminary Results, we determined that ACA's request meets
all of the criteria under 19 CFR 351.222(e)(1) and that revocation is
warranted pursuant to 19 CFR 351.222(b)(2). See Preliminary Results, 74
FR at 68572 and Memorandum to John M. Andersen, Acting Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, ``Request
by Asociacion de Cooperativas Argentinas (ACA) for Revocation in the
Antidumping Duty Administrative Review of Honey from Argentina,'' dated
December 18, 2009. We have not received any comments or evidence to
alter our findings for these final results. Therefore, we find that ACA
qualifies for revocation of the antidumping duty order on honey from
Argentina under 19 CFR 351.222(b)(2) and, accordingly, we are revoking
the order with respect to subject merchandise exported by ACA.\1\
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\1\ Only exports by ACA in which ACA is the first party with
knowledge of the U.S. destination of the merchandise are covered by
this revocation.
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Effective Date of Revocation
The revocation of ACA applies to all entries of subject merchandise
that are exported by ACA, and are entered, or withdrawn from warehouse,
for
[[Page 23675]]
consumption on or after December 1, 2008. The Department will order the
suspension of liquidation ended for all such entries and will instruct
U.S. Customs and Border Protection (CBP) to release any cash deposits
or bonds. The Department also will instruct CBP to refund with interest
any cash deposits on entries made on or after December 1, 2008.
Final Results of Review
We determine that the following dumping margin exists for the
period December 1, 2007, through November 30, 2008:
------------------------------------------------------------------------
Weighted-Average
Exporter Margin
(percentage)
------------------------------------------------------------------------
Asociacion de Cooperativas Argentinas............... 0.00
------------------------------------------------------------------------
Assessment Rates
The Department shall determine, and CBP shall assess, antidumping
duties on all appropriate entries, in accordance with 19 CFR
351.212(b). Since the importer-specific assessment rate calculated in
the final results of this review is 0.00 percent, we will instruct CBP
to liquidate without regard to antidumping duties for these entries.
See 19 CFR 351.106(c)(2). The Department intends to issue appropriate
assessment instructions directly to CBP 15 days after publication of
these final results of review.
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 the company(ies)
included in these final results of review for which the reviewed
company(ies) did not know their merchandise was destined for the United
States. In such instances, we will instruct CBP to liquidate un-
reviewed 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 of these
final results, consistent with section 751(a)(1) of the Act: (1) for
ACA, which is revoked from the order, no cash deposit will be required;
(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.
Notifications 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 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 notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: April 22, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-10479 Filed 5-3-10; 8:45 am]
BILLING CODE 3510-DS-S