[Federal Register Volume 77, Number 191 (Tuesday, October 2, 2012)]
[Notices]
[Pages 60105-60106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-24107]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-357-812, C-357-813]
Honey From Argentina: Notice of Initiation of Antidumping and
Countervailing Duty Changed Circumstances Reviews and Consideration of
Revocation of Antidumping and Countervailing Duty Orders
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: October 2, 2012.
FOR FURTHER INFORMATION CONTACT: Patrick Edwards or Angelica Mendoza,
AD/CVD Operations, Office 7, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230, at (202) 482-8029 or
(202) 482-3019, respectively.
SUMMARY: In response to a request by the American Honey Producers
Association (AHPA) and the Sioux Honey Association (SHA), the
petitioning parties in the original less-than-fair-value investigation
(collectively, petitioners), the Department of Commerce (the
Department) is initiating changed circumstances reviews of the
antidumping (AD) and countervailing (CVD) duty orders on honey from
Argentina. The domestic producers have expressed no further interest in
the relief provided by the AD and CVD orders. Interested parties are
invited to comment on this notice of initiation.
SUPPLEMENTARY INFORMATION:
Background
On December 10, 2001, the Department published the antidumping and
countervailing duty orders on honey from Argentina.\1\ On July 24,
2012, petitioners requested that the Department revoke the Orders,
effective December 1, 2010, based on the domestic U.S. industry's lack
of further interest.\2\ We received submissions indicating support for
revocation of the Orders from respondent parties participating in the
ongoing administrative review of the AD Order for the period December
1, 2010, through November 30, 2011.\3\ Additionally, from July 24,
2012, through July 25, 2012, we received notifications of withdrawal
from the administrative review of the AD Order from petitioners as well
as the selected mandatory respondents.\4\
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\1\ See Notice of Antidumping Duty Order: Honey from Argentina,
66 FR 63672 (December 10, 2001) (AD Order). See also Notice of
Countervailing Duty Order: Honey from Argentina, 66 FR 63673
(December 10, 2001) (CVD Order), (collectively, Orders).
\2\ See Letter from Petitioners, entitled ``Request for `No
Interest' Changed Circumstances Review of the Antidumping and
Countervailing Duty Orders on Honey from Argentina,'' dated July 24,
2012 (CCR Request).
\3\ See, e.g., Letter from Villamora S.A. and Apicola Danagie to
the Secretary of Commerce, dated July 30, 2012 and Letter from
Algodonera Avellaneda, S.A., dated August 3, 2012.
\4\ See Letter from Compa[ntilde][iacute]a Inversora Platense
S.A. to the Secretary of Commerce, re: ``Honey From Argentina:
Withdrawal of Antidumping Administrative Review Request of
Compa[ntilde][iacute]a Inversora Platense S.A.,'' dated July 24,
2012; see also Letter from Nexco S.A. to the Secretary of Commerce,
re: ``Honey from Argentina, 10th Administrative Review (12/1/10-11/
30/11); Withdrawal of Review Request,'' dated July 24, 2012; see
also Letter from Petitioners to the Secretary of Commerce, re:
``Tenth Administrative Review of the Antidumping Duty Order on Honey
from Argentina--Petitioners' Withdrawal of Request for
Administrative Review,'' dated July 25, 2012.
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Based on a review of petitioners' July 24, 2012, CCR Request, we
requested that petitioners resubmit its filing to provide supplemental
information and data regarding domestic U.S. honey production.
Accordingly, petitioners provided the requested information on August
22, 2012.\5\ Also in their Supplemental CCR Request, petitioners
clarified that the intended date of revocation for the CVD Order is
December 1, 2011, not December 1, 2010, as they had previously stated,
as there is no ongoing review of the CVD Order for the 2010 through
2011 period. For further discussion of the information provided in
these submissions, see the ``Initiation of Changed Circumstances
Reviews'' section below.
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\5\ See Letter from Petitioners, entitled ``Supplement to
Petitioners' Request for a `No-Interest' Changed Circumstances
Review of the Antidumping and Countervailing Duty Orders on Honey
from Argentina,'' dated August 22, 2012 (Supplemental CCR Request).
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Scope of the Orders
The merchandise covered by the orders 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
[[Page 60106]]
provided for convenience and customs purposes, the Department's written
description of the merchandise under the orders is dispositive.
Initiation of Changed Circumstances Reviews
Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended
(the Act), the Department will conduct a changed circumstances review
upon receipt of a request from an interested party or receipt of
information concerning an antidumping or countervailing duty order
which shows changed circumstances sufficient to warrant a review of the
order.\6\ Section 351.222(g) of the Department's regulations provides
that the Department will conduct a changed circumstances review under
19 CFR 351.216, and may revoke an order in whole or in part, if it
determines that the producers accounting for substantially all of the
production of the domestic like product have expressed a lack of
interest in the order, in whole or in part.\7\ In the event that the
Department concludes that expedited action is warranted, 19 CFR
351.221(c)(3)(ii) and 19 CFR 351.222(f)(2)(iv) permit the Department to
combine the notices of initiation and preliminary results.
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\6\ See also 19 CFR 351.216.
\7\ See section 782(h) of the Act and section 351.222(g)(1) of
the Department's regulations.
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Based on the information petitioners provided in their CCR Request
and Supplemental CCR Request, the Department has determined that
changed circumstances sufficient to warrant the reviews exist.\8\ Both
the Act and the Department's regulations require that ``substantially
all'' domestic producers express a lack of interest in the Order for
the Department to revoke.\9\ The Department has interpreted
``substantially all'' to represent producers accounting for at least 85
percent of U.S. production of the domestic like product.\10\ Because
the data provided in the petitioners' request did not indicate that
they account for 85 percent of domestic honey production, we are not
combining this notice of initiation with a preliminary determination
pursuant to 19 CFR 351.221(c)(3)(ii). Interested parties are,
therefore, requested to address the issue of industry support in their
comments. This notice of initiation will accord all interested parties
an opportunity to address these proposed revocations.\11\
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\8\ See 19 CFR 351.216(d).
\9\ See 782(h) of the Act and 19 CFR 351.222(g).
\10\ See Certain Orange Juice from Brazil: Preliminary Results
of Antidumping Duty Changed Circumstances Review and Intent Not to
Revoke, In Part, 73 FR 60241, 60242 (October 10, 2008), unchanged in
Certain Orange Juice From Brazil: Final Results of Antidumping Duty
Changed Circumstances Review, 74 FR 4733 (January 27, 2009).
\11\ See, e.g., Certain Corrosion-Resistant Carbon Steel Flat
Products and Cut-to-Length Carbon Steel Plate Products from Germany:
Initiation of Countervailing Duty Changed Circumstances Reviews, 68
FR 67657 (December 3, 2003), and Stainless Steel Plate in Coils from
Italy: Final Results of Countervailing Duty Changed Circumstances
Review and Revocation of Countervailing Duty Order, in Whole, 71 FR
15380 (March 28, 2006).
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In accordance with section 751(b) of the Act and 19 CFR 351.216,
351.221, and 351.222, based on an affirmative statement of no interest
by the domestic parties in continuing the AD and CVD orders with
respect to honey from Argentina, as described above, we are initiating
these changed circumstances administrative reviews.
If, as a result of these reviews, we revoke the Orders, we intend
to instruct U.S. Customs and Border Protection (CBP) to end the
suspension of liquidation of the subject merchandise on the effective
date of the final notice of revocation, and to refund any estimated
antidumping duties collected, for all unliquidated entries of such
merchandise made on or after December 1, 2010, for the AD Order, and
December 1, 2011, for the CVD Order. We will also instruct CBP to pay
interest on such refunds in accordance with section 778 of the Act.
Public Comment
Interested parties are invited to comment on the initiation of
these changed circumstances reviews. Parties who submit argument in
these proceedings are requested to submit with the argument (1) a
statement of the issue, and (2) a brief summary of the argument. All
written comments may be submitted by interested parties not later than
5 p.m. Eastern Standard Time within 14 days after the date of
publication of this notice in accordance with 19 CFR 351.303, and filed
electronically using Import Administration's Antidumping and
Countervailing Duty Centralized Electronic Service System (IA ACCESS).
The Department will publish in the Federal Register a notice of
preliminary results of these changed circumstances reviews, in
accordance with 19 CFR 351.221(c)(3), which will set forth the factual
and legal conclusions upon which our preliminary results are based, and
a description of any action proposed based on those results.
This notice of initiation is in accordance with section 751(b)(1)
of the Act, 19 CFR 351.216(b) and (d), and 19 CFR 351.221(b)(1).
Dated: September 24, 2012.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2012-24107 Filed 10-1-12; 8:45 am]
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