[Federal Register Volume 77, Number 250 (Monday, December 31, 2012)]
[Notices]
[Pages 77029-77031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-31436]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-357-812, C-357-813]
Honey from Argentina; Final Results of Antidumping and
Countervailing Duty Changed Circumstances Reviews; Revocation of
Antidumping and Countervailing Duty Orders
AGENCY: Import Administration, International Trade Administration,
Department of Commerce
DATES: Effective Date: December 31, 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.
[[Page 77030]]
SUMMARY: The Department of Commerce (the Department) is revoking the
antidumping duty and countervailing duty orders on honey from Argentina
because we have concluded that substantially all domestic producers
lack interest in the relief provided by these orders.
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, 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.\2\ 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.\3\
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\1\ 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).
\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 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.\4\ 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. On
November 14, 2012, the Department published a notice of preliminary
results of changed circumstances reviews of the Orders on honey from
Argentina, and the preliminary intent to revoke the AD Order, effective
December 1, 2010, and the CVD Order, effective December 1, 2011.\5\ In
the Preliminary Revocation, we again invited interested parties to
comment on the Department's results by submitting case and rebuttal
briefs. We received no comments or briefs from interested parties.
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\4\ See Initiation Notice.
\5\ See Honey from Argentina; Antidumping and Countervailing
Duty Changed Circumstances Reviews; Preliminary Intent to Revoke
Antidumping and Countervailing Duty Orders, 77 FR 67790 (November
14, 2012) (Preliminary Revocation).
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Accordingly, we are notifying the public of the revocation of 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.
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.
Final Results of Changed Circumstances Review and Revocation, in Whole,
of 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 in the Initiation Notice, and again in the Preliminary
Revocation, 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, for the AD Order and December 1, 2011, for the CVD Order. Because
the Department did not receive any comments during the period in which
parties were permitted to submit briefs or other comments opposing the
preliminary revocation of the Orders on honey from Argentina, we
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.
Therefore, in accordance with sections 751(b), 751(d), and 782(h)
of the Act, and 19 CFR 351.222(g), the Department concludes that there
is a reasonable basis to believe that changed circumstances exist
sufficient to warrant revocation of the Orders. Thus, the Department is
revoking the Orders on honey from Argentina, in whole, with regard to
the products described above under the ``Scope of the Orders'' section.
The Department will 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
Department will instruct CBP to liquidate without regard to antidumping
duties and countervailing duties, all unliquidated
[[Page 77031]]
entries of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after December 1, 2010, for the AD
Order and January 1, 2012, for the CVD Order.\8\ In accordance with
section 778 of the Act, we will also instruct CBP to pay interest on
and refund any AD deposits with respect to the subject merchandise
entered, or withdrawn from warehouse, for consumption on or after
December 1, 2010, the first day of the tenth administrative review
period, the review of which is now terminated by virtue of the
effective date of the revocation of the AD Order. We will also instruct
CBP to pay interest on and refund any CVD deposits with respect to the
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after January 1, 2012, the earliest date on which
entries remain suspended under the CVD Order.
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\8\ There is no administrative review of the CVD Order for the
period January 1, 2011, through December 31, 2011; therefore, there
are no unliquidated entries during this period.
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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: December 20, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-31436 Filed 12-28-12; 8:45 am]
BILLING CODE 3510-DS-P