[Federal Register Volume 77, Number 210 (Tuesday, October 30, 2012)]
[Notices]
[Pages 65670-65671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-26664]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-357-812]
Honey From Argentina: Final Rescission of Antidumping Duty New
Shipper Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: October 30, 2012.
SUMMARY: On July 31, 2012, the Department of Commerce (the
``Department'') published a notice of preliminary rescission of the new
shipper review (``NSR'') of D'Ambros Mar[iacute]a de los Angeles and
D'Ambros Mar[iacute]a Daniela SH, an Argentine partnership doing
business as Ap[iacute]cola Danangie (``Danangie''), under the
antidumping duty order on honey from Argentina for the period of
December 1, 2010, through November 30, 2011.\1\ We invited interested
parties to comment on our preliminary rescission. We did not receive
comments from any party. As discussed below, based on our analysis of
the record, the Department has determined that Danangie did not satisfy
the regulatory requirements for a NSR; therefore, we are rescinding
this NSR.
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\1\ See Honey from Argentina: Preliminary Rescission of
Antidumping Duty New Shipper Review, 77 FR 45334 (July 31, 2012)
(Preliminary Rescission).
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; telephone: (202) 482-
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8029 or (202) 482-3019, respectively.
SUPPLEMENTARY INFORMATION:
Background
We published the notice of preliminary rescission of this new
shipper review on July 31, 2012.\2\ In the Preliminary Rescission, the
Department found that Danangie, based on the company's own submission
to the Department, did make a sale of subject merchandise which was
shipped to the United States prior to the current new shipper period,
and therefore, did not qualify for a NSR.\3\ The complete discussion of
the Department's decision to preliminarily rescind the NSR was set
forth in its preliminary analysis memorandum, dated July 31, 2012.\4\
We
[[Page 65671]]
invited interested parties to comment on our preliminary rescission of
this NSR. No party submitted comments.
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\2\ See Preliminary Rescission.
\3\ See Preliminary Rescission at 45334.
\4\ See Memorandum to Angelica L. Mendoza, AD/CVD Operations,
Office 7, entitled ``Preliminary Analysis of Apicola Danangie's
Entries in the Antidumping Duty New Shipper Review of Honey from
Argentina,'' dated July 31, 2012.
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Period of Review
Pursuant to 19 CFR 351.214(g), the period of review (``POR'') for
this NSR is the annual period of December 1, 2010, through November 30,
2011.
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
the order is dispositive.
Rescission of the Antidumping Duty New Shipper Review
The NSR provisions of the Department's regulations require that the
entity making a request for an NSR must document and certify, among
other things: (1) The date on which subject merchandise of the exporter
or producer making the request was first entered or withdrawn from
warehouse, for consumption, or, if it cannot establish the date of
first entry, the date on which the exporter or producer first shipped
the merchandise for export to the United States; (2) the volume of that
and subsequent shipments; and (3) the date of the first sale to an
unaffiliated customer in the United States.\5\ The Department has not
acquired nor received any additional information that would alter our
preliminary determination that Danangie, having sold subject
merchandise prior to the new shipper review period, does not qualify
for a NSR in accordance with 19 CFR 351.241(c), as Danangie failed to
certify to and document its first entry of subject merchandise (honey)
into the United States. Furthermore, since the publication of the
Preliminary Rescission, the Department solicited comments from
interested parties regarding the intended rescission of the NSR for
Danangie; the Department received no comments.
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\5\ See 19 CFR 351.214(b)(2)(iv).
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Because we find Danagie did not have a qualifying, first entry
during the new shipper period, we find that there is no qualifying sale
to review. As such, we are rescinding this NSR. Accordingly, the all-
others antidumping duty margin of 30.24 percent still applies for
shipments of honey exported by Danangie for the period December 1,
2010, through November 30, 2011. We note that the Department revoked
the antidumping duty order on honey from Argentina on September 21,
2012, with revocation effective August 2, 2012.\6\ Therefore, and as
discussed below, we are rescinding this NSR and terminating suspension
and the collection of cash deposits.
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\6\ See Honey From Argentina; Final Results of Sunset Reviews
and Revocation of Antidumping Duty and Countervailing Duty Orders,
77 FR 58524 (September 21, 2012) (``Revocation'').
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Assessment Rate
The Department shall determine, and U.S. Customs and border
Protection (``CBP'') shall assess, antidumping duties on all
appropriate entries. Because we are rescinding this NSR, the all others
rate of 30.24 percent applies to all exports of honey exported by
Danangie. The assessment rate for Danangie's shipments, however, could
change as the Department is conducting an administrative review of the
antidumping duty order on honey from Argentina covering Danangie and
the period of December 1, 2010, through November 30, 2011. Thus, we
will instruct CBP to continue to suspend entries during the period
December 1, 2010, through November 30, 2011, of subject merchandise
exported by Danangie until CBP receives instructions relating to the
administrative review of the honey antidumping order covering the
period December 1, 2010, through November 30, 2011.
Termination of Suspension of Liquidation
As noted above, the Department revoked the antidumping duty order
on honey from Argentina effective August 2, 2012. See Revocation.
Pursuant to revocation of the order, the Department instructed CBP, on
October 9, 2012, to terminate suspension of liquidation and collection
of cash deposits on entries of the subject merchandise entered, or
withdrawn from warehouse, on or after August 2, 2012. Accordingly,
entries of subject merchandise on or after August 2, 2012, are not
subject to suspension of liquidation or antidumping duty deposit
requirements.
Notification to Importers
This notice serves as a reminder to the importers of their
responsibility under 19 CFR 351.402(f)(2) 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 double antidumping duties.
The NSR and rescission notice are published in accordance with
sections 751(a)(2)(B) and 777(i) of the Act, as amended and 19 CFR
351.214(f).
Dated: October 22, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-26664 Filed 10-29-12; 8:45 am]
BILLING CODE 3510-DS-P