[Federal Register Volume 70, Number 72 (Friday, April 15, 2005)]
[Notices]
[Pages 19927-19928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-1789]


-----------------------------------------------------------------------

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administrative review is being rescinded is provided in the background 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]
BILLING CODE 3510-DS-S