[Federal Register Volume 75, Number 177 (Tuesday, September 14, 2010)]
[Notices]
[Pages 55741-55742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-22899]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-357-812]
Honey From Argentina: Notice of Extension of Time Limit for
Preliminary Results and Partial Rescission of Antidumping Duty
Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (the Department) is rescinding
in part the administrative review of the antidumping duty order on
honey from Argentina for the period December 1, 2008, to November 30,
2009 with respect to fifteen companies. This rescission, in part, is
based on the timely withdrawal of the request for review by the
interested parties that requested the review. A complete list of the
companies for which the administrative review is being rescinded is
provided in the background section below. Additionally, the Department
is extending the preliminary results of this administrative review to
no later than January 7, 2011.
DATES: Effective Date: September 14, 2010.
FOR FURTHER INFORMATION CONTACT: David Cordell or Ericka Ukrow, 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) 482-0405, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 1, 2009, the Department published in the Federal
Register a notice of opportunity to request an administrative review of
the antidumping duty order on, inter alia, honey from Argentina. See
Antidumping or Countervailing Duty Order, Finding, or Suspended
Investigation; Opportunity to Request Administrative Review, 74 FR
62743 (December 1, 2009). In response and pursuant to 19 CFR
351.213(b)(2), on December 31, 2009, the Asociacion de Cooperativas
Argentinas S.A. (ACA), Nexco S.A. (Nexco), and Compania Inversora
Platense S.A. (CIPSA) requested an administrative review of the
antidumping duty order on honey from Argentina for the period December
1, 2008, through November 30, 2009. Pursuant to 19 CFR 351.213(b)(1),
the American Honey Producers Association and the Sioux Honey
Association (collectively, petitioners), also on December 31, 2009,
requested that the Department conduct an administrative review of the
antidumping duty order on honey from Argentina for the December 1,
2008, through November 30, 2009 period of review (POR) of entries of
subject merchandise made by eighteen Argentine producers/exporters.
On January 29, 2010, the Department initiated a review on seventeen
companies \1\ for which an administrative review was requested. See
Initiation of Antidumping and Countervailing Duty Administrative
Reviews, Request for Revocation in Part, and Deferral of Initiation of
Administrative Review, 75 FR 4770 (January 29, 2010) (Initiation
Notice). On February 17, 2010, the Department informed interested
parties to this administrative review of its intent to limit the number
of companies to be examined. The Department encouraged all interested
parties to submit comments regarding the use of U.S. Customs and Border
Protection entry data for respondent selection purposes. See the
Memorandum to the File, ``United States Customs and Border Protection
Entry Data for Selection of Respondents for Individual Review,'' dated
February 17, 2010. On March 5, 2010, the Department selected the four
producers/exporters with the largest export volume during the POR as
mandatory respondents: HoneyMax S.A. (HoneyMax), Nexco S.A. (Nexco),
Patagonik S.A. (Patagonik), and TransHoney S.A. (TransHoney). See the
Memorandum to Richard Weible, ``Administrative Review of the
Antidumping Duty Order on Honey from Argentina: Respondent Selection
Memorandum,'' dated March 5, 2010. On March 9, 2010, the Department
issued its antidumping duty questionnaire to all four mandatory
respondents. On March 31, 2010 and pursuant to 19 CFR 351.213(d)(1),
petitioners timely withdrew their request for review of Honey Max. On
April 7, 2010, petitioners and Nexco timely withdrew their requests for
review for Nexco. On April 16, 2010, petitioners timely withdrew their
request for review with respect to all companies except TransHoney,
Patagonik, CIPSA, and ACA. Accordingly, the Department informed
interested parties of its intent to rescind the review for all
companies except TransHoney, Patagonik, and CIPSA, to continue with its
deferral of the review with respect to ACA, and to select CIPSA as a
mandatory respondent. See the Memorandum to the File, ``2008/2009
Administrative Review of the Antidumping Duty Order on Honey from
Argentina: Selection of New Mandatory Respondent,'' dated April 19,
2010.
---------------------------------------------------------------------------
\1\ The Federal Register notice lists eighteen companies;
however, the Department received a timely request by ACA to defer
for one year the initiation of the December 1, 2008, through
November 30, 2009 administrative review of its sales and entries of
honey subject to the antidumping duty order on honey from Argentina
in accordance with 19 CFR 351.213(c). The Department received no
objections to this request from any party cited in 19 CFR
351.213(c)(1)(ii), and therefore deferred for one year the
initiation of the review for such exporter in accordance with 19 CFR
351.213(c). See Initiation Notice, 75 FR at 4772-73.
---------------------------------------------------------------------------
On April 29, 2010, ACA timely withdrew its request for review
submitted on December 31, 2009.\2\
---------------------------------------------------------------------------
\2\ The withdrawal of the request for review was submitted by
ACA based on the Department's notification in the Federal Register
revoking the antidumping duty order with respect to honey exported
by ACA effective December 1, 2008. Because the order covering honey
from Argentina is revoked with respect to ACA, all entries of
subject merchandise exported by ACA will be liquidated without
antidumping duties. Accordingly, there will be no relevant entries
that might be subject to an antidumping review. See Honey from
Argentina: Final Results of Antidumping Duty Administrative Review
and Determination to Revoke Order in Part, 75 FR 23674 (May 4,
2010).
---------------------------------------------------------------------------
[[Page 55742]]
Period of Review
The POR is December 1, 2008, through November 30, 2009.
Scope of the Order
The product 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 subject to the order 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, the
Department's written description of the merchandise under this order is
dispositive.
Rescission, in Part, of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an
administrative review under this section, in whole or in part, if a
party that requested a review withdraws the request within 90 days of
the date of publication of notice of initiation of the requested
review.
Based on petitioners' and respondents' withdrawal of their requests
of administrative review within the 90-day deadline, the Department is
rescinding, in part, the antidumping duty administrative review on
honey from Argentina for the period December 1, 2008 to November 30,
2009 with respect to the following companies: AGLH S.A., Algodonera
Avellaneda S.A., Alimentos Naturales-Natural Foods, Alma Pura, Bomare
S.A., Compania Apicola Argentina S.A., El Mana S.A., Interrupcion S.A.,
Mielar S.A., Miel Ceta SRL., Productos Afer S.A., Seabird Argentina
S.A., Honey Max, Nexco, and ACA.
Extension of Time Limit for Preliminary Results
Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the
Act), requires the Department to complete the preliminary results of an
administrative review within 245 days after the last day of the
anniversary month of an order for which a review is requested. However,
if it is not practicable to complete the review within this time
period, section 751(a)(3)(A) of the Act allows the Department to extend
the time limit for the preliminary results to a maximum of 365 days
after the last day of the anniversary month of an order for which a
review is requested.
The Department has determined it is not practicable to complete
this review within the statutory time limit because we require
additional time to gather cost of production data for Patagonik's
suppliers of honey and sales information from CIPSA. The time needed to
analyze cost of production data and CIPSA's sales information and to
develop fully the record in this administrative review makes it
impracticable to complete the preliminary results of this review within
the originally specified time limit. Accordingly, the Department is
extending the time limit for completion of the preliminary results of
this administrative review to the maximum of 365 days.
Tolling of Deadlines
In addition, the Department exercised its discretion to toll
deadlines for the duration of the closure of the Federal Government
from February 5, through February 12, 2010, as explained in the
memorandum from the Deputy Assistant Secretary (DAS) for Import
Administration. Thus, all deadlines in this segment of the proceeding
were extended by seven days. 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.
Therefore, the deadline for the preliminary results of this review
became no later than January 7, 2011. We intend to issue the final
results no later than 120 days after publication of the notice of our
preliminary results of review.
Notification to Parties
This notice serves as a reminder to importers of their
responsibility under section 351.402(f) of the Department's regulations
to file a certificate regarding the reimbursement of antidumping duties
prior to liquidation of the relevant entries during this period of
time. Failure to comply with this requirement could result in the
Secretary's presumption that reimbursement of antidumping duties
occurred and subsequent assessment of double antidumping duties.
Notification Regarding Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with section 351.305(a)(3) of the Department's
regulations. Timely written notification of the return or 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 sanctionable violation.
This notice is issued and published in accordance with section
351.213(d)(4) of the Department's regulations and sections 751(a)(3)(A)
and 777(i)(1) of the Act.
Dated: September 8, 2010.
Susan H. Kuhbach,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2010-22899 Filed 9-13-10; 8:45 am]
BILLING CODE 3510-DS-P