[Federal Register: April 15, 2005 (Volume 70, Number 72)]
[Notices]
[Page 19927-19928]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15ap05-27]
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DEPARTMENT OF COMMERCE
International Trade Administration
A-357-812
Honey from Argentina: Notice of Partial Rescission of Antidumping
Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is rescinding its
administrative review of 19 companies under the antidumping duty order
of honey from Argentina for the period December 1, 2003 to November 30,
2004. This rescission in part, is based on the timely withdrawal of the
request for review by the respective interested party that requested
the review. A complete list of the companies for which the
administrative review is being rescinded is provided in the background
section below.
DATES: Effective Date: April 15, 2005.
FOR FURTHER INFORMATION CONTACT: David Cordell or Robert James, AD/CVD
Operations, Office 7, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Room 7866, Washington, DC 20230; telephone
(202) 482-0408 and (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION:
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 under the scope of the order 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 U.S.
Customs and Border Protection (CBP) purposes, the Department's written
description of the merchandise under this order is dispositive.
Background:
On December 1, 2004, the Department published its notice of an
opportunity to request a review in the Federal Register. See
Antidumping or Countervailing Duty Order, Finding, or Suspended
Investigation; Opportunity to Request Administrative Review, 69 FR
69889 (December 1, 2004). In response, on December 30, 2004, the
American Honey Producers Association and the Sioux Honey Association (
collectively 'petitioners') requested an administrative review of the
antidumping duty order on honey from Argentina for the period December
1, 2003, through November 30, 2004. The petitioners requested that the
Department conduct an administrative review of entries of subject
merchandise made by 24 Argentine producers/exporters. In addition, the
Department received requests for review from two Argentine exporters
included in the
[[Page 19928]]
petitioners' request and from one additional exporter.
On January 31, 2005 the Department initiated a review on all 25
companies for which an administrative review was requested. See
Initiation of Antidumping and Countervailing Duty Administrative
Reviews and Request for Revocation in Part, 70 FR 4818 (January 31,
2005) and the Corrections Notice, 70 FR 7143 (February 10, 2005).
On February 22, 2005, petitioners submitted timely withdrawal of
requests for review of the following companies: Centauro S.A., Comexter
Robinson S.A., Compa Inversora Platense S.A., ConAgra Argentina S.A.,
Coope-Riel Ltda., Cooperativa DeAgua Potable y Otros, Establecimiento
Don Angel S.r.L, Food Way, S.A., Francisco Facundo Rodriguez, Jay Bees,
Jose Luis Garcia, Navicon S.A., Parodi Agropecuaria S.A., Times S.A.,
and Mielar S.A. See Letter from petitioners to the Department, Honey
From Argentina, (February 22, 2005), on file in the Central Records
Unit (CRU), room B-099 of the main Department building. On February 24,
2005, both petitioners and Nexco (an exporter) submitted letters
withdrawing their individual requests for review of Nexco. See letters
from petitioners and from Nexco to the Department, Honey From
Argentina, (February 24, 2005), on file in the CRU. On February 24,
2005, petitioner rescinded its withdrawal with respect to Mielar. On
March 9, 2005, El Mana S.A. (an exporter) submitted a letter
withdrawing its request for the administrative review of El Mana S.A.
See letter El Mana S.A. to the Department, Honey From Argentina, (March
9, 2005), on file in the CRU. On March 31, 2005, petitioners submitted
timely withdrawal of requests for review of the following companies:
Compania Apicola Argentina (CAA), Mielar and TransHoney S.A.
(TransHoney). See Letter from petitioners to the Department, Honey From
Argentina, (March 31, 2005), on file in the Central Records Unit (CRU),
room B-099 of the main Department building
Rescission in Part, of Administrative Review:
The applicable regulation, 19 CFR 351.213(d)(1), states that if a
party that requested an administrative review withdraws the request
within 90 days of the publication of the notice of initiation of the
requested review, the Secretary will rescind the review in whole or in
part. The petitioners made a timely withdrawal of their requests for an
administrative review within the 90-day deadline, in accordance with 19
CFR 351.213(d)(1) for the following companies: Centauro S.A., Comexter
Robinson S.A., Compa Inversora Platense S.A., Compania Apicola
Argentina S.A., ConAgra Argentina S.A., Coope-Riel Ltda., Cooperativa
DeAgua Potable y Otros, Establecimiento Don Angel S.r.L, Food Way,
S.A., Francisco Facundo Rodriguez, Jay Bees, Jose Luis Garcia, Mielar
S.A., Navicon S.A., Parodi Agropecuaria S.A., Times S.A, and TransHoney
S.A. Because petitioners were the only party to request the
administrative review of these companies, we have accepted the
withdrawal requests and we are rescinding this administrative review of
the antidumping duty order on honey from Argentina covering the period
December 1, 2003, through November 30, 2004 for the aforementioned
companies.
With respect to Nexco, because both petitioners and the respondent
requested the administrative review of Nexco, and because both parties
submitted withdrawal requests, we are rescinding this administrative
review with respect to Nexco. With respect to El Mana S.A., because the
respondent requested the administrative review of El Mana S.A., and
because El Mana S.A. submitted a timely withdrawal request, we are also
rescinding this administrative review with respect to El Mana S.A.
The Department will issue appropriate assessment instructions
directly to the CBP within 15 days of the publication of this notice.
The Department will direct CBP to assess antidumping duties for these
companies at the cash deposit rate in effect on the date of entry for
entries during the period December 1, 2003 to November 30, 2004.
Notification to Parties
This notice serves as a reminder to importers of their
responsibility under section 351.402(f) of the Department's regulations
to file a certificate regarding the reimbursement of antidumping duties
prior to liquidation of the relevant entries during this period of
time. Failure to comply with this requirement could result in the
Secretary's presumption that reimbursement of antidumping duties
occurred and subsequent assessment of double antidumping duties.
This notice also 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 section 351.305(a)(3) of the Department's
regulations. 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.
This notice is issued and published in accordance with section
351.213(d)(4) of the Department's regulations and sections 751(a)(2)(C)
and 777(i)(1) of the Tariff Act of 1930, as amended.
Dated: April 8, 2005.
Barbara E. Tillman,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. E5-1789 Filed 4-14-05; 8:45 am]