[Federal Register Volume 70, Number 23 (Friday, February 4, 2005)]
[Notices]
[Pages 5965-5966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-436]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-357-812


Honey from Argentina: Initiation of New Shipper Antidumping Duty 
Review

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

ACTION: Initiation of New Shipper Antidumping Duty Reviews.

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EFFECTIVE DATE: February 4, 2005.

FOR FURTHER INFORMATION CONTACT: David Cordell or Robert James at (202) 
482-0408 or (202) 482-0469, respectively; AD/CVD Operations, Office 7, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    The Department received a timely request from El Mana S.A. (El 
Mana), in accordance with 19 CFR 351.214 (c), for a new shipper review 
of the antidumping duty order on honey from Argentina. See Notice of 
Antidumping Duty Order: Honey from Argentina, 66 FR 63672 (December 10, 
2001). El Mana

[[Page 5966]]

identified itself as the exporter of subject merchandise produced by 
its supplier Federacion de Centros Juveniles Agrarios Cooperativistas 
Zona SanCor.
    As required by 19 CFR 351.214(b)(2)(i), (ii), and (iii)(A), El Mana 
certified it did not export honey to the United States during the 
period of investigation (POI), and that it has never been affiliated 
with any exporter or producer which exported honey during the POI. We 
note El Mana submitted the volume and date of the first sale to an 
unaffiliated customer in the United States, and did not submit 
documentation establishing the date the merchandise was first entered 
for consumption in the United States. Our inquires and Customs run 
queries with U.S. Customs and Border Protection (CBP) show that the 
shipment entered the United States shortly after the anniversary month.
    Under section 351.214(f)(2)(ii) of the Department's regulations, 
when the sale of the subject merchandise occurs within the Period of 
Review (POR), but the entry occurs after the normal POR, the POR may be 
extended unless it would be likely to prevent the completion of the 
review within the time limits set by the Department's regulations. The 
preamble to the Department's regulations state that both the entry and 
the sale should occur during the POR, and that under ``appropriate'' 
circumstances the Department has the flexibility to extend the POR. See 
Antidumping Duties; Countervailing Duties; Final Rule, 62 FR 27296, 
27319 (May 19, 1997). In this instance, El Mana's shipment entered in 
the month following the end of the POR. The Department does not find 
that this delay prevents the completion of the review within the time 
limits set by the Department's regulations.

Scope

    The merchandise under review is honey from the 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 review is 
currently classifiable under item 0409.00.00, 1702.90.90, and 
2106.90.99 of the Harmonized Tariff Schedule of the United States 
(HTSUS). Although the HTSUS subheading is provided for convenience and 
customs purposes, the written description of the merchandise under 
review is dispositive.

Initiation of Review

    In accordance with section 751(a)(2)(B) of the Tariff Act of 1930 
(the Tariff Act), as amended, and 19 CFR 351.214(d)(1), and based on 
information on the record, we are initiating a new shipper review for 
El Mana. See Memoranda to the File through Richard O. Weible, New 
Shipper Review Initiation Checklist, dated January 31, 2005, for El 
Mana. We intend to issue the preliminary results of this review not 
later than 180 days after the date on which this review was initiated, 
and the final results of this review within 90 days after the date on 
which the preliminary results were issued.
    Pursuant to 19 CFR 351.214(g)(1)(i)(A) of the Department's 
regulations, the POR for a new shipper review initiated in the month 
immediately following the anniversary month will be the 12-month period 
immediately preceding the anniversary month. Under section 
351.214(f)(2)(ii) of the Department's regulations, when the sale of the 
subject merchandise occurs within the POR, but the entry occurs after 
the normal POR, the POR may be extended unless it would be likely to 
prevent the completion of the review within the time limits set by the 
Department's regulations. Therefore, the POR for this new shipper 
review is December 1, 2003 through December 31, 2004. This review will 
cover sales by El Mana of honey produced by Federacion de Centros 
Juveniles Agrarios Cooperativistas Zona SanCor.
    In accordance with section 751(a)(2)(B)(iii) of the Act and 19 CFR 
351.214(e), we will instruct CBP to allow, at the option of the 
importer, the posting, until the completion of the review, of a single 
entry bond or security in lieu of a cash deposit for certain entries of 
the merchandise exported by the above-listed companies, i.e, El Mana as 
the exporter and Federacion de Centros Juveniles Agrarios 
Cooperativistas Zona SanCor as the producer. Thus, we will instruct CBP 
to limit the bonding option only to entries of subject merchandise 
exported by El Mana and produced by Federacion de Centros Juveniles 
Agrarios Cooperativistas Zona SanCor.
    Interested parties that need access to proprietary information in 
this new shipper review should submit applications for disclosure under 
administrative protective orders in accordance with 19 CFR 351.305 and 
351.306. This initiation and notice are in accordance with section 
751(a) of the Act (19 U.S.C. 1675(a)) and 19 CFR 351.214(d).

    Dated: January 31, 2005.
Barbara E. Tillman,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. E5-436 Filed 2-3-05; 8:45 am]
BILLING CODE 3510-DS-S