[Federal Register Volume 77, Number 220 (Wednesday, November 14, 2012)]
[Notices]
[Pages 67790-67792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-27678]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-357-812, C-357-813]
Honey From Argentina; Antidumping and Countervailing Duty Changed
Circumstances Reviews; Preliminary Intent To Revoke Antidumping and
Countervailing Duty Orders
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: November 14, 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: On October 2, 2012, in response to a request by domestic
producers of the subject merchandise, the Department of Commerce (the
Department) published a notice of initiation of changed circumstances
reviews of the antidumping and countervailing duty orders on honey from
Argentina.\1\ In the Initiation Notice, we invited interested parties
to comment on the Department's initiation.
[[Page 67791]]
We received no comments from domestic parties. Therefore, we
preliminarily conclude that producers accounting for substantially all
of the production of the domestic like product to which these orders
pertain lack interest in the relief provided by the antidumping and
countervailing duty orders. Accordingly, we are notifying the public of
our preliminary intent to revoke the antidumping duty order, in whole,
with respect to products entered, or withdrawn from warehouse, for
consumption on or after December 1, 2010, and the countervailing duty
order, in whole, with respect to products entered, or withdrawn from
warehouse, for consumption on or after December 1, 2011, because
domestic parties have expressed no interest in the continuation of the
orders after these dates.
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\1\ See Honey from Argentina: Notice of Initiation of
Antidumping and Countervailing Duty Changed Circumstances Reviews
and Consideration of Revocation of Antidumping and Countervailing
Duty Orders, 77 FR 60105 (October 2, 2012) (Initiation Notice).
SUPPLEMENTARY INFORMATION:
Background
On December 10, 2001, the Department published the antidumping and
countervailing duty orders on honey from Argentina.\2\ On July 24,
2012, the American Honey Producers Association and the Sioux Honey
Association (collectively, petitioners) requested that the Department
revoke the AD Order, effective December 1, 2010, based on the domestic
U.S. industry's lack of further interest.\3\ On August 22, 2012, the
petitioners requested that the Department revoke the CVD Order,
effective December 1, 2011, again based on their lack of further
interest in these proceedings.\4\
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\2\ See Notice of Antidumping Duty Order: Honey from Argentina,
66 FR 63672 (December 10, 2001) (AD Order) and Notice of
Countervailing Duty Order: Honey from Argentina, 66 FR 63673
(December 10, 2001) (CVD Order), (collectively, Orders).
\3\ 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).
\4\ 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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On October 2, 2012, the Department published a notice of initiation
of changed circumstances reviews of the Orders on honey from
Argentina.\5\ In the Initiation Notice, we invited interested parties
to comment on the Department's initiation. We did not receive comments
from any interested party expressing opposition to the changed
circumstances reviews nor to the possible revocation of the Orders.
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\5\ See Initiation Notice.
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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 provided for convenience and customs
purposes, the Department's written description of the merchandise under
the orders is dispositive.
Preliminary Results of Reviews and Intent To Revoke, in Whole, the
Orders
Pursuant to section 751(d)(1) of the Tariff Act of 1930, as amended
(the Act), and 19 CFR 351.222(g), the Department may revoke an
antidumping or countervailing duty order, in whole or in part, based on
a review under section 751(b) of the Act (i.e., a changed circumstances
review). Section 751(b)(1) of the Act requires a changed circumstances
review to be conducted upon receipt of a request which shows changed
circumstances sufficient to warrant a review. Section 782(h)(2) of the
Act gives the Department the authority to revoke an order if producers
accounting for substantially all of the production of the domestic like
product have expressed a lack of interest in the continuation of the
order. 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 concludes
that (i) producers accounting for substantially all of the production
of the domestic like product to which the order pertains have expressed
a lack of interest in the relief provided by the order, in whole or in
part, or (ii) if other changed circumstances sufficient to warrant
revocation exist. Both the Act and the Department's regulations require
that ``substantially all'' domestic producers express a lack of
interest in the order(s) for the Department to revoke.\6\ The
Department has interpreted ``substantially all'' to represent producers
accounting for at least 85 percent of U.S. production of the domestic
like product.\7\
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\6\ See section 782(h) of the Act and 19 CFR 351.222(g).
\7\ 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); see
also 19 CFR 351.208(c).
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As noted above and in the Initiation Notice, the petitioners
requested the revocation of these orders because they are no longer
interested in maintaining the Orders or in the imposition of duties on
the subject merchandise as of December 1, 2010 (AD), and December 1,
2011 (CVD). Because the Department did not receive any comments during
the comment period opposing initiation of the changed circumstances
review of the Orders on honey from Argentina, we preliminarily conclude
that producers accounting for substantially all of the production of
the domestic like product, to which these orders pertain, lack interest
in the relief provided by the Orders.
In accordance with 19 CFR 351.222(g), the Department preliminarily
determines that there is a reasonable basis to believe that changed
circumstances exist sufficient to warrant revocation of the Orders.
Therefore, the Department is notifying the public of its preliminary
intent to revoke the Orders on honey from Argentina, in whole.
Unless the Department receives opposition within the time limit set
forth below from domestic producers whose production, cumulatively,
totals more than 15 percent of the domestic like product, the
Department will revoke the Orders on honey from Argentina in its final
results of review. If, as a result of these reviews, we revoke the
Orders, we intend to instruct U.S. Customs and Border Protection (CBP)
to terminate suspension of liquidation effective December 1, 2010, for
the AD Order, and December 1, 2011, for the CVD Order. The suspension
of liquidation of estimated antidumping and countervailing duties on
the subject merchandise will continue as appropriate for the period
December 1, 2010, through August 2, 2012, and December 1, 2011, through
August 2, 2012, respectively, unless, and until, we publish a final
determination to revoke the Orders in whole.\8\ There is no requirement
for a cash deposit of estimated antidumping and
[[Page 67792]]
countervailing duties on the subject merchandise for entries on or
after August 2, 2012, pursuant to the recent sunset of the Orders.\9\
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\8\ The Department revoked the Orders under five-year sunset
reviews on September 21, 2012, pursuant to 19 CFR
351.218(d)(1)(iii), effective August 2, 2012. See Honey From
Argentina; Final Results of Sunset Reviews and Revocation of
Antidumping Duty and Countervailing Duty Orders, 77 FR 58524
(September 21, 2012).
\9\ Id.
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Public Comment
Interested parties may submit case briefs not later than 14 days
after the date of publication of this notice.\10\ Rebuttal briefs,
which must be limited to issues raised in such case briefs, may be
filed not later than 19 days after the date of publication of this
notice.\11\ Parties who submit arguments are requested to submit with
the argument (1) a statement of the issue, (2) a brief summary of the
argument, and (3) a table of authorities. Any interested party may
request a hearing within 7 days of publication of this notice.\12\ Any
hearing, if requested, may be held 21 days after the date of
publication of this notice, or the first working day thereafter, as
practicable. Consistent with 19 CFR 351.216(e), we will issue the final
results of these changed circumstances reviews not later than 270 days
after the date on which these reviews were initiated.
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\10\ See 19 CFR 351.309(c)(ii).
\11\ See 19 CFR 351.309(d).
\12\ See 19 CFR 351.310(c).
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This notice is published in accordance with section 751(b)(1) of
the Act and 19 CFR 351.216, 351.221(c)(3), and 351.222.
Dated: November 5, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-27678 Filed 11-13-12; 8:45 am]
BILLING CODE 3510-DS-P