[Federal Register Volume 69, Number 103 (Thursday, May 27, 2004)]
[Notices]
[Pages 30283-30285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12038]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-357-812]


Honey From Argentina: Final Results of Antidumping Duty 
Administrative Review

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

SUMMARY: The Department of Commerce (``the Department'') has conducted 
an administrative review of the antidumping duty order on honey from 
Argentina produced and/or exported by Asociacion de Cooperativas 
Argentinas (``ACA''), HoneyMax S.A. (``HoneyMax''), Nexco S.A. 
(``Nexco''), Seylinco S.A. (``Seylinco''), and TransHoney S.A. 
(``TransHoney''). The period of review (``POR'') is May 11, 2001, to 
November 30, 2002. Based on our analysis of comments received, the 
margin calculation for these final results differ slightly from the 
preliminary results for Seylinco. The margin calculation for these 
final results are listed below in the ``Final Results of Review'' 
section.

EFFECTIVE DATE: May 27, 2004.

FOR FURTHER INFORMATION CONTACT: Angela Strom for Asociacion de 
Cooperativas Argentinas (``ACA'') and Nexco S.A. (``Nexco''), Brian 
Sheba for HoneyMax S.A. (``HoneyMax'') and Seylinco S.A. 
(``Seylinco''), David Cordell for TransHoney S.A. (``TransHoney''), or 
Donna Kinsella, Enforcement Group III, Office 8, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW., Room 7866, Washington,

[[Page 30284]]

DC 20230; telephone (202) 482-2704, (202) 482-0145, (202) 482-0408, 
(202) 482-0194 respectively.

SUPPLEMENTARY INFORMATION:

Background

    This notice concerns the final results of the first review of the 
antidumping duty order on honey from Argentina. See Notice of Final 
Determination of Sales at Less Than Fair Value; Honey from Argentina, 
66 FR 50611 (Oct. 4, 2001). The review covers sales of honey exported 
by five exporters: Asociacion de Cooperativas Argentinas (``ACA''), 
HoneyMax S.A. (``HoneyMax''), Nexco S.A. (``Nexco''), Seylinco S.A. 
(``Seylinco''), and TransHoney S.A. (``TransHoney'') (collectively, 
``the respondents''), over the period of May 11, 2001 through November 
30, 2002.
    On December 31, 2002, 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 in response to the Department's notice of opportunity to 
request a review published in the Federal Register. See Notice of 
Antidumping Duty Order: Honey from Argentina, 66 FR 63672 (Dec. 10, 
2001). The petitioners requested the Department conduct an 
administrative review of entries of subject merchandise made by 21 
Argentine producers/exporters. In addition, the Department received 
requests for review from 9 Argentine exporters. See Initiation of 
Antidumping and Countervailing Duty Administrative Reviews and Request 
for Revocation in Part, 68 FR 3009 (Jan. 22, 2003).
    The Department initiated the review for all companies. On January 
17, 2003, petitioners withdrew their request for review of 14 companies 
and the Department granted this request. See Notice of Partial 
Rescission of Antidumping Duty Administrative Review, 68 FR 13895 (Mar. 
21, 2003).
    Based on withdrawals of request for review from Compania Apicola 
Argentina S.A. and Mielar S.A., the Department rescinded the review 
with respect to these two companies. See Notice of Partial Rescission 
of Antidumpting Duty Administrative Review, 68 FR 25568 (May 13, 2003). 
On August 13, 2003, Radix S.R.L. (``Radix'') and Compania Europeo 
Americana S.A. (``CEASA''), submitted letters of withdrawal of request 
for review. On the same date, petitioners also submitted a letter of 
withdrawal of request for review with respect to Radix and CEASA. The 
Department granted these requests and subsequently rescinded the review 
with respect to Radix and CEASA. See Notice of Partial Rescission of 
Antidumping Duty Administrative Review, 68 FR 52386 (Sept. 3, 2003).
    Pursuant to the time limits for administrative reviews set forth in 
section 751(a)(3)(A) of the Tariff Act of 1930, as amended (``the 
Act''), the original time limit for the preliminary results of review 
was September 2, 2003. On July 23, 2003, we extended the time limit for 
the preliminary results of review to December 8, 2003. See Honey From 
Argentina; Extension of Time Limit for Preliminary Results of 
Administrative Review, 68 FR 43491 (Jul. 23, 2003). On November 26, 
2003, the Department further extended the time limit for the 
preliminary results of review to December 31, 2003. See Honey From 
Argentina; Extension of Time Limit for Preliminary Results of 
Administrative Review, 68 FR 66399 (Nov. 26, 2003).
    On January 6, 2004, the Department published the preliminary 
results of the antidumping duty order on honey from Argentina. See 
Honey from Argentina: Preliminary Results of Antidumping Duty 
Administrative Review, 69 FR 621 (Jan. 6, 2004) (``Preliminary 
Results''). Since publication of the preliminary results, we invited 
parties to comment.
    Respondents submitted comments on the preliminary results as 
follows: ACA on February 6, 2004; HoneyMax on February 5, 2004; Nexco 
on February 5, 2004; Seylinco on February 5, 2004. TransHoney did not 
file comments. Petitioners filed comments on the preliminary results on 
February 6, 2004, and rebuttal comments on February 13, 2004. The 
respondents filed the following rebuttal comments to petitioners' 
February 6, 2004, comments: ACA on February 12, 2004, Nexco on February 
12, 2004, Seylinco on February 12, 2004, and TransHoney on February 12, 
2004. HoneyMax did not file rebuttal comments.
    We also invited parties to comment on our post-preliminary sales 
below cost analysis for HoneyMax. HoneyMax submitted initial comments 
on the Department's cost analysis on March 31, 2004, and corrected 
comments on April 2, 2004. Petitioners submitted comments on April 5, 
2004. Petitioners submitted rebuttal comments on April 7, 2004 and 
HoneyMax submitted rebuttal comments on April 8, 2004.

Scope of the Review

    The merchandise under review is honey from Argentina. For purposes 
of this review, 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 review 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 CBP purposes, the 
Department's written description of the merchandise under this order is 
dispositive.

Analysis of Comments Received

    The Department has received comments from respondents and 
petitioners, all of which are addressed in the ``Issues and Decision 
Memorandum'' from Joseph A. Spetrini, Deputy Assistant Secretary, 
Import Administration, to James J. Jochum, Assistant Secretary, Import 
Administration, dated May 21, 2004 (``Decision Memorandum''), which is 
hereby adopted by this notice. Attached to this notice as an Appendix 
is a list of the issues that respondents and petitioners have raised 
and to which we have responded in the Decision Memorandum. Parties can 
find a complete discussion of all issues raised in this review and the 
corresponding recommendations in this public memorandum, which is on 
file in the Department's Central Records Unit, located at 14th Street 
and Constitution Avenue, NW., Room B-099. In addition, a complete 
version of the Decision Memorandum can be accessed directly on the 
Import Administration Web site at http://ia.ita.doc.gov/frn/index.html. 
The paper copy and electronic version of the Decision Memorandum are 
identical in content.

Changes Since the Preliminary Results

    Based on our analysis of comments received and findings at 
verification, we have made certain changes in the margin calculation. 
These changes are noted in various sections of the Decision Memorandum, 
accessible in B-099 and on the World Wide Web at http://ia.ita.doc.gov/frn/index.html.

Final Results of Review

    We determine that the following dumping margins exist for the 
period May 11, 2001 through November 30, 2002.

[[Page 30285]]



------------------------------------------------------------------------
                                                              Weighted
                                                               average
                   Manufacturer/exporter                       margin
                                                            (percentage)
------------------------------------------------------------------------
Asociaci[oacute]n de Cooperativas Argentinas..............          0
HoneyMax S.A..............................................          0
Nexco S.A.................................................          0.87
Seylinco S.A..............................................          0.60
TransHoney S.A............................................          0
------------------------------------------------------------------------

Assessment

    The Department shall determine, and U.S. Customs and Border 
Protection (Customs) shall assess, antidumping duties on all 
appropriate entries. In accordance with 19 CFR 351.212(b)(1), we have 
calculated importer-specific assessment rates. The Department will 
issue appropriate assessment instructions directly to Customs within 15 
days of publication of these final results of review. With respect to 
constructed export price sales, we divided the total dumping margins 
for the reviewed sales by the total entered value of those reviewed 
sales for each importer. We will direct Customs to assess the resulting 
assessment rate against the entered Customs values for the subject 
merchandise on each of the importer's entries during the POR.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(1) of the Act: (1) For the companies 
named above, the cash deposit rates will be the rates for these firms 
shown above, except that, for exporters with de minimis rates (i.e., 
less than 0.5 percent) no deposit will be required; (2) for previously-
reviewed producers and exporters with separate rates, the cash deposit 
rate will be the company-specific rate established for the most recent 
period for which they were reviewed; and (3) for all other producers 
and exporters, the rate will be 36.59 percent, the ``all others'' rate 
established in the less than fair value investigation. See Notice of 
Final Determination of Sales at Less Than Fair Value; Honey From 
Argentina, 66 FR 50611 (Oct. 4, 2001). These deposit requirements, when 
imposed, shall remain in effect until publication of the final results 
of the next administrative review.
    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this review period. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return/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 violation, which is subject to sanction.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: May 20, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.

Appendix

List of Comments and Issues in the Decision Memorandum

Cost of Production (General)

1. Reported Bee Feed Costs
2. Labor Cost Data
3. Yields
4. Wholesale Price Index
5. Other Cost Issues

ACA

6. Foreign Exchange Loss
7. Testing Expenses

HoneyMax

8. HoneyMax Middleman
9. Beekeeper 13 Costs
10. Missing Fifth Supplier
11. Date of Sale
12. Credit Expenses
13. Initiation of Cost Investigation
14. CEP Profit Ratio

Nexco

15. Model Match Hierarchy

Seylinco

16. Sale Diverted From Third Country To The United States
17. Classification of Freight Charges
18. Unreported Bank Charges

Other Changes

19. HoneyMax Billing Adjustment


[FR Doc. 04-12038 Filed 5-26-04; 8:45 am]
BILLING CODE 3510-DS-P