[Federal Register Volume 76, Number 98 (Friday, May 20, 2011)]
[Notices]
[Pages 29192-29194]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-12449]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-357-812]
Honey From Argentina: Final Results of Antidumping Duty
Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On January 14, 2011, the Department of Commerce (the
Department) published its preliminary results of the 2008-2009
administrative review of the antidumping duty order on honey from
Argentina. See Honey From Argentina: Preliminary Results of Antidumping
Duty Administrative Review, 76 FR 2655 (January 14, 2011) (Preliminary
Results). This review covers three mandatory respondents, Compania
Inversora Platense S.A., Patagonik S.A., and TransHoney S.A.; all three
exporters of honey from Argentina to the United States during the
period of review (POR) of December 1, 2008, to November 30, 2009. The
final weighted-average dumping margins for the exporters are listed
below in the ``Final Results of Review'' section of this notice.
DATES: Effective Date: May 20, 2011.
FOR FURTHER INFORMATION CONTACT: David Cordell, Ericka Ukrow 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-
0408, (202) 482-0405 or (202) 482-3362, respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 14, 2011, 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, 2008 to November 30, 2009. See Preliminary Results. We invited
parties to comment on the Preliminary Results, and received comments
from the mandatory respondents Compania Inversora Platense S.A.
(CIPSA), Patagonik S.A. (Patagonik), and TransHoney S.A. (TransHoney).
We did not receive any rebuttal comments and no hearing was requested.
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 14, 2011.\1\ 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.
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\1\ We note that May 14, 2011, falls on a Saturday. Therefore,
the deadline becomes the next business day, Monday, May 16, 2011.
See Notice of Clarification: Application of ``Next Business Day''
Rule for Administrative Deadlines Pursuant to the Tariff Act of
1930, As Amended, 70 FR 24533 (May 10, 2005).
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Period of Review
The POR is December 1, 2008, through November 30, 2009.
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
[[Page 29193]]
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.
Analysis of Comments Received
All issues raised in the case briefs by parties to this
administrative review are addressed in the accompanying Issues and
Decision Memorandum (I&D Memo), which is hereby adopted by this notice.
A list of the issues which parties have raised, and to which we have
responded in the I&D Memo, is attached to this notice as an Appendix.
In addition, a complete version of the I&D Memo can be accessed
directly by the Internet at http://ia.ita.doc.gov/frn. The paper copy
and electronic version of the I&D Memo are identical in content.
Changes Since the Preliminary Results
After considering Patagonik's supplemental cost response, which was
submitted too close to the date of the Preliminary Results to be
thoroughly analyzed and included in our preliminary cost analysis, the
Department has made an adjustment to Patagonik's cost of production to
properly account for its middleman costs. See Memorandum to Neal M.
Halper, Director of Office of Accounting, ``Cost of Production and
Constructed Value Calculation Adjustments for the Final Results--
Patagonik S.A.,'' dated May 16, 2011, and the Analysis Memorandum to
the File through Angelica L. Mendoza, Program Manager, from David
Cordell for Patagonik Regarding ``Analysis Memorandum for the Final
Results of the 2008-2009 Administrative Review of the Antidumping Duty
Order on Honey from Argentina for Patagonik S.A.'' dated May 16, 2011,
for further details.
Final Results of Review
We determine that the following dumping margins exist for the
period December 1, 2008, through November 30, 2009:
------------------------------------------------------------------------
Weighted- average margin
Exporter (percentage)
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Compania Inversora Platense S.A. 0.00
Patagonik S.A. and Azul Agronegocios 0.27
S.A\2\. (de minimis)
TransHoney S.A. and Einsof Trade S.A\3\... 0.00
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Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b),
the Department will determine, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries of
subject merchandise in accordance with the final results of this
review. For assessment purposes, we calculated importer (or customer)-
specific assessment rates for merchandise subject to this review. Where
appropriate, we calculated an ad valorem rate for each importer (or
customer) by dividing the total dumping margins for reviewed sales to
that party by the total entered values associated with those
transactions. For duty assessment rates calculated on this basis, we
will direct CBP to assess the resulting ad valorem rate against the
entered customs values for the subject merchandise. Where appropriate,
we calculated a per-unit rate for each importer (or customer) by
dividing the total dumping margins for reviewed sales to that party by
the total sales quantity associated with those transactions. For duty-
assessment rates calculated on this basis, we will direct CBP to assess
the resulting per-unit rate against the entered quantity of the subject
merchandise. Where an importer (or customer)-specific assessment rate
is de minimis (i.e., less than 0.50 percent), the Department will
instruct CBP to assess that importer (or customer's) entries of subject
merchandise without regard to antidumping duties, in accordance with 19
CFR 351.106(c)(2). The Department intends to issue assessment
instructions to CBP 15 days after the date of publication of these
final results of review.
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\2\ Pursuant to section 771(33)(F) of the Tariff Act of 1930, as
amended (the Act), the Department has determined that Patagonik and
Azul are affiliated. See Preliminary Results; see also Memorandum to
Richard Weible, ``Antidumping Duty Administrative Review of Honey
from Argentina: Analysis of the Relationship Between Patagonik S.A.
(Patagonik) and Azul Agronegocios S.A. (Azul),'' dated January 7,
2011.
\3\ Pursuant to section 771(33)(F) of the Act, the Department
has determined that TransHoney and Einsof are affiliated. See
Preliminary Results; see also Memorandum to Richard Weible,
``Antidumping Duty Administrative Review of Honey from Argentina:
Analysis of the Relationship Between TransHoney S.A. (TransHoney)
and Einsof Trade S.A. (Einsof),'' dated January 7, 2011.
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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
the companies covered by this review, 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.
Reimbursement of Duties
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
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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.
Administrative Protective Order
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: May 16, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix I
List of Comments in the Accompanying Issues and Decision Memorandum
Comment 1: Treatment of Customer-Requested Testing Expenses.
Comment 2: Treatment of Blending of Honey Expenses.
Comment 3: Zeroing Methodology.
[FR Doc. 2011-12449 Filed 5-19-11; 8:45 am]
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