[Federal Register Volume 77, Number 250 (Monday, December 31, 2012)]
[Notices]
[Pages 77031-77032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-31450]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-357-812]
Honey From Argentina; Rescission of Antidumping Duty
Administrative Review; 2010-2011
AGENCY: Import Administration, International Trade Administration,
Department ofCommerce.
SUMMARY: The Department of Commerce (the Department) is rescinding the
2010-2011 antidumping duty administrative review on honey from
Argentina because all parties have withdrawn their requests for review
and the antidumping duty order on imports of honey from Argentina is
being revoked, effective December 1, 2010.
DATES: Effective 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.
SUPPLEMENTARY INFORMATION:
Background
On December 10, 2001, the Department published the antidumping duty
order on honey from Argentina.\1\ On December 1, 2011, the Department
published in the Federal Register the notice of opportunity to request
an administrative review of the antidumping duty order on honey from
Argentina for the period December 1, 2010, through November 30,
2011.\2\ Between December 29, 2011, and January 3, 2012, the Department
received several requests from interested parties that the Department
conduct an administrative review of certain producers/exporters of
honey from Argentina.\3\ On January 31, 2012, the Department published
in the Federal Register the notice of initiation of the 2010-2011
administrative review of honey from Argentina.\4\
---------------------------------------------------------------------------
\1\ See Notice of Antidumping Duty Order: Honey from Argentina,
66 FR 63672 (December 10, 2001) (Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review, 76 FR 74773 (December 1, 2011).
\3\ See Letter from Nexco S.A. (Nexco), titled ``Request for
Administrative Review and Revocation of Antidumping Duty Order,''
dated December 29, 2011; Letter from Algodonera Avellaneda, S.A.
(Algodonera), titled ``Request for Administrative Review,'' dated
December 30, 2011; Letter from Ap[iacute]cola Danangie,
Compa[ntilde][iacute]a Inversora Platense S.A. (CIPSA), Mielar S.A./
Compa[ntilde][iacute]a Ap[iacute]cola Argentina S.A., Patagonik
S.A., TransHoney S.A., and Villamora S.A., titled ``Administrative
Review Request,'' dated December 31, 2011; and Letter from the
American Honey Producers Association and the Sioux Honey Association
(petitioners), titled ``Request for Review,'' dated January 3, 2011.
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Requests for Revocation in Part, 77 FR
4759 (January 31, 2012) (Initiation Notice).
---------------------------------------------------------------------------
On February 23, 2012, the Department released the results of a data
query to U.S. Customs and Border Protection (CBP) regarding imports
into the United States of honey from Argentina during the period of
review (POR).\5\ We did not receive any comments from parties regarding
the CBP entry data. On March 19, 2012, the Department selected
mandatory respondents for this administrative review based on import
volume figures (i.e., HoneyMax S.A. (Honeymax) and Nexco).\6\ On March
22, 2012, the Department issued the antidumping duty questionnaire to
Honeymax and Nexco. On April 24, 2012, the American Honey Producers
Association and the Sioux Honey Association (collectively, petitioners)
withdrew their request for review for ten of the original twenty-two
companies for which they had made a review request, including Honeymax,
a mandatory respondent.\7\ We received Nexco's response to section A of
the antidumping duty questionnaire on April 26, 2012.\8\ On April 27,
2012, petitioners additionally withdrew their request for TransHoney
S.A. and we concurrently received a notice of withdrawal from
TransHoney S.A. itself.\9\
---------------------------------------------------------------------------
\5\ See Memorandum to the File, from Patrick Edwards, Analyst,
regarding ``United States Customs and Border Protection Entry Data
for Selection of Respondents for Individual Review,'' dated February
23, 2012.
\6\ See Memorandum to the File, from Patrick Edwards, titled
``Respondent Selection Memorandum,'' dated March 19, 2012.
\7\ See Letter from petitioners, titled ``Partial Withdrawal of
10th Annual Administrative Review,'' dated April 24, 2012.
\8\ See Nexco's section A Questionnaire Response, dated April
26, 2012.
\9\ See Letter from petitioners, titled ``Partial Withdrawal of
10th Annual Administrative Review,'' dated April 27, 2012; see also
Letter from TransHoney S.A., titled ``Withdrawal of Antidumping
Administrative Review Request of TransHoney S.A.,'' dated April 27,
2012.
---------------------------------------------------------------------------
Because petitioners timely withdrew their request for review
regarding HoneyMax, and because HoneyMax did not self-request a review,
we issued a supplemental respondent selection memorandum, selecting
CIPSA as the alternate mandatory respondents.\10\ We issued the
antidumping duty questionnaire to CIPSA on May 16, 2012. We received
Nexco's responses to sections B and C of the Department's questionnaire
on May 22, 2012.\11\ We received CIPSA's section A questionnaire
response, and its section B and C questionnaire responses on June 18,
2012, and June 29, 2012, respectively.\12\
---------------------------------------------------------------------------
\10\ See Memorandum to the File, from Patrick Edwards, Analyst,
titled ``Respondent Selection Memorandum,'' dated May 8, 2012.
\11\ See Nexco's section B and C Questionnaire Responses, dated
May 22, 2012.
\12\ See CIPSA's section A Questionnaire Response, dated June
18, 2012; see also CIPSA's section B and C Questionnaire Response,
dated June 29, 2012.
---------------------------------------------------------------------------
On July 24, 2012, petitioners filed a submission withdrawing their
review requests for the remaining companies for which they had
requested a review and further indicated that they were simultaneously
filing a request for the initiation of a ``no interest'' changed
circumstances review, under which petitioners would be seeking the
revocation of the Order on honey from Argentina.\13\ We received
similar withdrawals of request for review from Nexco and CIPSA also on
July 24, 2012.
[[Page 77032]]
On July 30, 2012, all remaining parties that had requested an
administrative review during the instant POR withdrew their requests
for review given petitioners' filing of a request for a ``no interest''
changed circumstances review, seeking revocation of the Order.
---------------------------------------------------------------------------
\13\ See Letter from petitioners, titled ``Petitioners'
Withdrawal of Request for Administrative Review,'' dated July 24,
2012.
---------------------------------------------------------------------------
Period of Review
The POR is 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 Antidumping Duty Administrative Review
As the Order on honey from Argentina is being revoked, effective as
of the first day of this administrative review period (i.e., December
1, 2010),\14\ the Department is rescinding this administrative review
consistent with 19 CFR 351.213(d)(4) and 351.222(g)(4).
---------------------------------------------------------------------------
\14\ See notice of final results of changed circumstances review
of honey from Argentina signed concurrently with this notice.
---------------------------------------------------------------------------
Assessment Instructions
Given the revocation of the Order, the Department will instruct CBP
to terminate suspension of liquidation effective December 1, 2010. The
Department will instruct CBP to liquidate without regard to antidumping
duties, all unliquidated entries of the subject merchandise entered, or
withdrawn from warehouse, for consumption on or after December 1, 2010.
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 this administrative review
period, which is now terminated by virtue of the effective date of the
revocation. The Department intends to issue appropriate assessment
instructions to CBP 15 days after the date of publication of this
notice of rescission of administrative review.
Notification Regarding Administrative Protective Orders
This notice 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 19 CFR 351.305(a)(3). 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.
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended,
and 19 CFR 351.213(d)(4).
Dated: December 20, 2012.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2012-31450 Filed 12-28-12; 8:45 am]
BILLING CODE 3510-DS-P