[Federal Register Volume 66, Number 237 (Monday, December 10, 2001)]
[Notices]
[Pages 63672-63673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30469]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-357-812]


Notice of Antidumping Duty Order; Honey From Argentina

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of Antidumping Duty Orders.

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EFFECTIVE DATE: December 10, 2001.

FOR FURTHER INFORMATION CONTACT: Melissa Blackledge at (202) 482-3518 
or Donna Kinsella at (202) 482-0194, Antidumping and Countervailing 
Duty Enforcement Group III, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230.
    Applicable Statute and Regulations: Unless otherwise indicated, all 
citations to the statute are references to the provisions effective 
January 1, 1995, the effective date of the amendments made to the 
Tariff Act of 1930 (the Tariff Act) by the Uruguay Round Agreements 
Act. In addition, unless otherwise indicated, all citations to the 
Department of Commerce's (the Department's) regulations refer to the 
regulations codified at 19 CFR part 351 (2000).

Scope of the Order

    For purposes of this order, 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 subject to this order is currently classifiable 
under subheadings 0409.00.00, 1702.90, 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 Service (U.S. 
Customs) purposes, the Department's written description of the 
merchandise under investigation is dispositive.

Antidumping Duty Order

    In accordance with section 735(a) of the Tariff Act, as amended, 
the Department made its final determination that honey from Argentina 
is being sold at less than fair value (see Notice of Final 
Determination

[[Page 63673]]

of Sales at Less Than Fair Value: Honey From Argentina, 66 FR 50611 
(October 4, 2001)). On November 9, 2001, the Department issued an 
amended final determination (see Notice of Amended Final Determination 
of Sales at Less Than Fair Value: Honey, 66 FR 58434 (November 21, 
2001)). On November 13, 2001, the International Trade Commission (the 
Commission) notified the Department of its final determination pursuant 
to section 735(b)(1)(A)(i) of the Tariff Act that an industry in the 
United States is materially injured by reason of less-than-fair-value 
imports of subject merchandise from Argentina.
    In accordance with section 736(a)(1) of the Tariff Act, the 
Department will direct Customs officers to assess, upon further advice 
by the Department, antidumping duties equal to the amount by which the 
normal value of the merchandise exceeds the export price (or 
constructed export price) of the merchandise for all relevant entries 
of honey from Argentina. These antidumping duties will be assessed on 
all unliquidated entries of honey from Argentina entered, or withdrawn 
from warehouse, for consumption on or after May 11, 2001, the date on 
which the Department published its notice of preliminary determination 
in the Federal Register (66 FR 24108). Effective on the date of 
publication of the order, customs officers must require, at the same 
time as importers would normally deposit estimated duties on this 
merchandise, a cash deposit equal to the estimated weighted-average 
antidumping duty margins as noted below. The ``All Others'' rate 
applies to all exporters of honey not specifically listed.
    Article VI.5 of the General Agreement on Tariffs and Trade (GATT 
1994) prohibits assessing antidumping duties on the portion of the 
margin attributable to an export subsidy. In this case, the product 
under investigation is subject to a countervailing duty investigation. 
See Notice of Final Affirmative Countervailing Duty Determination: 
Honey from Argentina, 66 FR 50613 (October 4, 2001). Therefore, for all 
entries of honey from Argentina entered, or withdrawn from warehouse, 
for consumption on or after the date on which the order in the 
companion countervailing duty investigation is published in the Federal 
Register, we will request for duty deposit purposes that the Customs 
Service deduct the portion of the margin attributable to export 
subsidies as determined in the countervailing duty investigation. The 
antidumping duty cash deposit rates, as adjusted for export subsidies, 
are as follows:

------------------------------------------------------------------------
                                                          Cash deposit
            Producer/manufacturer/exporter              rate  (percent)
------------------------------------------------------------------------
Asociacion Cooperativas Argentinas (ACA).............              31.92
Radix S.R.L. (Radix).................................              27.04
ConAgra Argentina....................................              55.15
All Others...........................................              30.24
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    This notice constitutes the antidumping duty order with respect to 
honey from Argentina. Interested parties may contact the Department's 
Central Records Unit, room B-099 of the main Commerce building, for 
copies of an updated list of antidumping duty orders currently in 
effect.
    This order is published in accordance with section 736(a) of the 
Tariff Act.

    Dated: November 30, 2001.
Richard W. Moreland,
Acting Assistant Secretary for Import Administration.
[FR Doc. 01-30469 Filed 12-7-01; 8:45 am]
BILLING CODE 3510-DS-P