[Federal Register Volume 76, Number 173 (Wednesday, September 7, 2011)]
[Notices]
[Pages 55349-55350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22865]
-----------------------------------------------------------------------
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 Department of Commerce (the Department) is rescinding in
part the administrative review of the antidumping duty order on honey
from Argentina for the period of review (POR) of December 1, 2009, to
November 30, 2010, with respect to ten 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the companies for which the administrative review is being rescinded is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 December 1, 2011.
DATES: Effective Date: September 7, 2011.
FOR FURTHER INFORMATION CONTACT: John Drury or Angelica Mendoza, AD/CVD
Operations, Office 7, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Room 7850, Washington, DC 20230; telephone
(202) 482-0195, or (202) 482-3019, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 10, 2001, the Department published the antidumping duty
order on honey from Argentina. See Notice of Antidumping Duty Order:
Honey From Argentina, 66 FR 63672 (December 10, 2001). On December 1,
2010, the Department published in the Federal Register its notice of
opportunity to request an administrative review of this order. See
Antidumping or Countervailing Duty Order, Finding, or Suspended
Investigation; Opportunity To Request Administrative Review, 75 FR
74682 (December 1, 2010). In response, on December 29, 2010, Algodonera
Avellaneda, S.A. (Algodonera) requested an administrative review of the
antidumping duty order on honey from Argentina for the POR.
On December 30, 2010, Nexco S.A. (Nexco) also requested an
administrative review of the same antidumping duty order for the POR.
On January 3, 2011, A.G.L.H. S.A., (AGLH) Compa[ntilde][iacute]a
Inversora Platense S.A. (CIPSA), Industrial Haedo S.A. (Haedo), Mielar
S.A./Compa[ntilde][iacute]a Ap[iacute]cola Argentina S.A. (Mielar),
Patagonik S.A. (Patagonik), and TransHoney S.A. (TransHoney) also
requested administrative reviews.
Also on January 3, 2011, the American Honey Producers Association
and Sioux Honey Association (collectively, petitioners) requested an
administrative review of the same antidumping duty order. Specifically,
the petitioners requested that the Department conduct an administrative
review of entries of subject merchandise made by 21 Argentine
producers/exporters: AGLH, Algodonera, Nexco, Haedo, Mielar, CIPSA,
Patagonik, and TransHoney were included in the petitioners' request for
review, as well as HoneyMax S.A. (HoneyMax) and Alma Pura S.A. (Alma
Pura).\1\
---------------------------------------------------------------------------
\1\ In addition to the companies listed above, petitioners also
requested administrative reviews for Asociacion de Cooperativas
Argentinas (ACA), Alimentos Naturales-Natural Foods Lavalle,
Apidouro Comerical Exportadora E Importadora Ltda., Bomare S.A.,
Compania Apicola Argentina S.A., El Mana S.A., Interrupcion S.A.,
Miel Ceta SRL, Productos Afer S.A., Seabird Argentina S.A., and
Villamora S.A.
---------------------------------------------------------------------------
On January 13, 2011, petitioners withdrew their request for an
antidumping duty administrative review of honey from Argentina for the
POR, for ACA. Petitioners noted that ACA is no longer subject to the
antidumping duty order on honey from Argentina.
On January 28, 2011, the Department initiated a review of the 20
companies for which an administrative review was requested. See
Initiation of Antidumping and Countervailing Duty Administrative
Reviews, 76 FR 5137 (January 28, 2011) (Initiation Notice).
On February 2, 2011, Alma Pura submitted a letter certifying that,
during the POR, it had no shipments, sales, or U.S. entries of subject
merchandise. Alma Pura requested that the Department rescind the
administrative review with respect to Alma Pura.
On February 7, 2011, the Department issued a memorandum to the file
indicating its intention to limit the number of respondents selected
for review and to select mandatory respondents based on U.S. Customs
and Border Protection (CBP) data for U.S. imports of Argentine honey
during the POR. The Department encouraged all interested parties to
submit comments regarding the use of CBP entry data for respondent
selection purposes. See Memorandum to the File through Richard Weible,
Director, Office 7, AD/CVD Operations, regarding ``Honey from
Argentina--United States Customs and Border Protection Entry Data for
Selection of Respondents for Individual Review,'' dated February 7,
2011.
On February 24, 2011, the Department published a subsequent
initiation notice which included corrections to the Initiation Notice
with respect to honey from Argentina. See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and Request for Revocation
in Part, 76 FR 10329 (February 24, 2011) (Second Initiation Notice).\2\
---------------------------------------------------------------------------
\2\ In Nexco's review request, Nexco also requested revocation
from the antidumping duty order on honey from Argentina (in part).
However, Nexco's request for revocation in part from the order was
inadvertently omitted from the Initiation Notice. Furthermore,
certain company names were misspelled in the same Initiation Notice.
All errors were corrected in the Second Initiation Notice.
---------------------------------------------------------------------------
On March 18, 2011, the Department selected the two producers/
exporters with the largest export volume during the POR as mandatory
respondents: HoneyMax and Nexco. See Memorandum to Richard O. Weible,
``Administrative Review of the Antidumping Duty Order on Honey from
Argentina: Respondent Selection Memorandum,'' dated March 18, 2011. On
March 18, 2011, the Department issued its antidumping questionnaire to
the two mandatory respondents.
On April 8, 2011, and pursuant to 19 CFR 351.213(d)(1), the
petitioners timely withdrew their request for review of the following
companies: (1) Alimentos Naturales-Natural Foods Lavalle, (2) Alma
Pura, (3) Apidouro Comercial Exportadora E Importadora Ltda., (4)
Bomare S.A., (5) HoneyMax, (6) Interrupcion S.A., (7) Miel Ceta SRL,
(8) Nexco, (9) Productos Afer S.A., and (10) Seabird Argentina S.A.
On April 8, 2011, and pursuant to 19 CFR 351.213(d)(1), Nexco
withdrew its request for review and asked that the Department rescind
the review in part.
Accordingly, the Department informed interested parties of its
intent to rescind the review for the ten companies for which
petitioners and Nexco withdrew requests for review, and to select CIPSA
and TransHoney as mandatory respondents in place of Nexco and HoneyMax.
See
[[Page 55350]]
Memorandum to the Richard O. Weible, ``Administrative Review of the
Antidumping Duty Order on Honey from Argentina: Respondent Selection
Memorandum,'' dated May 9, 2011. On May 11, 2011, the Department issued
its antidumping questionnaire to CIPSA and TransHoney.
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 covered by 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 purposes,
the Department's written description of the merchandise under the 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, 2009 to
November 30, 2010, with respect to the following companies: (1)
Alimentos Naturales-Natural Foods Lavalle, (2) Alma Pura, (3) Apidouro
Comercial Exportadora E Importadora Ltda., (4) Bomare S.A., (5)
HoneyMax, (6) Interrupcion S.A., (7) Miel Ceta SRL, (8) Nexco, (9)
Productos Afer S.A., and (10) Seabird Argentina S.A.
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 due to the selection of two
new mandatory respondents for this review after the requests for review
for the original respondents were withdrawn. The Department requires
time to analyze information submitted by the current respondents in
this administrative review, and may need to request additional
information. Accordingly, the Department is extending the time limit
for completion of the preliminary results of this administrative review
by 90 days (i.e., to December 1, 2011).
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: August 30, 2011.
Susan H. Kuhbach,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2011-22865 Filed 9-6-11; 8:45 am]
BILLING CODE 3510-DS-P