[Federal Register Volume 71, Number 17 (Thursday, January 26, 2006)]
[Notices]
[Pages 4349-4350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-990]


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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 Review.

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EFFECTIVE DATE: January 26, 2006.

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

SUPPLEMENTARY INFORMATION:

Background

    The Department received a timely request from Patagonik S.A. 
(Patagonik), 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). Patagonik identified itself as the exporter of 
subject merchandise produced by its supplier Colmenares Santa Rosa 
s.r.l.
    As required by 19 CFR 351.214(b)(2)(i),(ii), and (iii)(A), 
Patagonik 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. As required by 19 CFR 351.214(b)(2)(ii)(B), Patagonik's 
supplier, Colmenares Santa Rosa s.r.l., certified that it did not 
export the subject merchandise to the United States during the POI. 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 states 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, 27320 (May 19, 1997). In this instance, Patagonik'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. Accordingly, we 
are extending the POR by one month to capture both the sale and 
subsequent entry during the New Shipper POR.

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

[[Page 4350]]

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 
Patagonik. See Memorandum to the File through Richard O. Weible, ``New 
Shipper Review Initiation Checklist'', dated January 31, 2006. We 
intend to issue the preliminary results of this review not later than 
180 days after the date on which this review is initiated, and the 
final results of this review within 90 days after the date on which the 
preliminary results are issued.
    Pursuant to 19 CFR 351.214(g)(1)(i)(A), 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, 2004, through December 31, 2005. This 
review will cover sales by Patagonik of honey produced by Colmenares 
Santa Rosa s.r.l.
    In accordance with section 751(a)(2)(B)(iii) of the Tariff 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, Patagonik 
as the exporter and Colmenares Santa Rosa S.R.L as the producer. Thus, 
we will instruct CBP to limit the bonding option only to entries of 
subject merchandise exported by Patagonik and produced by Colmenares 
Santa Rosa S.R.L.
    Interested parties seeking 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 Tariff Act and 19 CFR 351.214(d).

    Dated: January 20, 2006.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E6-990 Filed 1-25-06; 8:45 am]
BILLING CODE 3510-DS-S