[Federal Register Volume 71, Number 86 (Thursday, May 4, 2006)]
[Notices]
[Pages 26333-26334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6758]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-357-812]


Honey from Argentina: Final Results, Partial Rescission of 
Antidumping Duty Administrative Review and Determination Not to Revoke 
in Part

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On December 28, 2005, the Department of Commerce (the 
Department) published its Preliminary Results and Partial Rescission of 
Antidumping Duty Administrative Review and Intent Not to Revoke in 
Part, 70 FR 76766 (December 28, 2005) (Preliminary Results). This 
administrative review covers two exporters, Seylinco S.A. (Seylinco) 
and Asociacion de Cooperativas Argentinas (ACA), of subject merchandise 
to the United States during the period of review (POR) of December 1, 
2003, to November 30, 2004. The petitioners involved this review are 
the Sioux Honey Association and the American Honey Producers 
Association (Petitioners). We are rescinding the review with respect to 
Nutrin S.A. (Nutrin), Radix S.A. (Radix), Compania Europea Americana 
S.A. (CEASA) and HoneyMax S.A. (HoneyMax) because these companies had 
no entries of subject merchandise to the United States during the 
period of review. We have also determined not to revoke the antidumping 
duty order with respect to ACA. Based on our analysis of comments 
received, the margin calculations for these final results do not differ 
from the preliminary results.

EFFECTIVE DATE: May 4, 2006.

FOR FURTHER INFORMATION CONTACT: Angela Strom for ACA, Brian Sheba for 
Seylinco or Robert James, Office 7, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW., Washington, DC 20230; telephone: 
(202) 482-2704, (202) 482-0145, or (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 28, 2005, the Department published its Preliminary 
Results of this antidumping duty administrative review of honey from 
Argentina. In response to the Department's invitation to comment on the 
preliminary results, ACA submitted its case brief on January 30, 2006, 
and petitioners submitted its rebuttal brief on February 7, 2006. In 
addition, two ex parte meetings were held with respect to this review. 
See Memorandum to the file, dated February 27, 2006, on file in the 
Central Records Unit (CRU) in room B-099 of the main Commerce building.

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 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 Customs 
purposes, the Department's written description of the merchandise under 
this order is dispositive.

Partial Rescission of Review

    As noted in the Preliminary Results, Nutrin, Radix, CEASA and 
HoneyMax had no shipments of subject merchandise to the United States 
during the POR. We have confirmed this with data from Customs and 
Border Protection (CBP). Therefore, in accordance with 19 CFR 
351.213(d)(3) and consistent with the Department's practice, we are 
rescinding our review with respect to these companies. See, e.g., 
Certain Steel Concrete Reinforcing Bars from Turkey; Final Results, 
Rescission of Antidumping Administrative Review in Part, and 
Determination Not to Revoke in Part, 69 FR 64731, 64732 (November 8, 
2004).

Determination Not to Revoke in Part

    For these final results, the Department has relied upon ACA's sales 
activity during the 2001-2002, 2002-2003, and 2003-2004 PORs in making 
its decision with respect to ACA's revocation request. Although ACA had 
two consecutive years of sales at not less than normal value (NV), ACA 
has not received a zero or de minimis margin in the instant review. 
Thus, ACA is not eligible for consideration for revocation under 
section 351.222(b) of the Department's regulations. Furthermore, 
pursuant to section 351.222(d)(1), we find that ACA did not ship in 
commercial quantities in each of the three years forming the basis of 
the request for revocation. Accordingly, we have determined not to 
revoke the antidumping duty order with respect to ACA.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the ``Issues and Decision 
Memorandum'' (Decision Memorandum) from Stephen J. Claeys, Deputy 
Assistant Secretary for Import Administration, to David M. Spooner, 
Assistant Secretary for Import Administration. A list of issues 
addressed in the Decision Memorandum is appended to this notice. The 
Decision Memorandum is on file in the CRU and can be accessed directly 
on the Web at http://www.ita.doc.gov/.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made no changes 
in the margin calculation.

Final Results of Review

    We determine that the following dumping margins exist for the 
period December 1, 2003, through November 30, 2004.

[[Page 26334]]



------------------------------------------------------------------------
                                                             Weighted
                 Manufacturer / Exporter                  Average Margin
                                                           (percentage)
------------------------------------------------------------------------
Asociacion de Cooperativas Argentinas...................            2.95
Seylinco S.A............................................               0
------------------------------------------------------------------------

Assessment

    The Department shall determine, and the CBP shall assess, 
antidumping duties on all appropriate entries. In accordance with 19 
CFR 351.212(b)(1), we have calculated importer-specific assessment 
rates for the merchandise based on the ratio of the total amount of 
antidumping duties calculated for the examined sales made during the 
POR to the total customs value of the sales used to calculate those 
duties. The Department will issue appropriate ad valorem assessment 
instructions directly to CBP within 15 days of publication of these 
final results of review. We will direct CBP 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.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003 (68 FR 23954). This clarification will apply to entries of 
subject merchandise during the period of review produced by companies 
included in these final results of review for which the reviewed 
companies did not know their merchandise was destined for the United 
States. In such instances, we will instruct CBP to liquidate unreviewed 
entries at the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction. For a full discussion of this 
clarification, see Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).

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 Tariff Act of 1930, as amended 
(the Tariff Act):
(1) the cash deposit for all companies reviewed will be the rates 
established in the final results of review;
(2) for any previously reviewed or investigated company not listed 
above, the cash deposit rate will continue to be the company-specific 
rate published in the most recent period;
(3) if the exporter is not a firm covered in this review or in any 
previous segment of this proceeding, but the manufacturer is, the cash 
deposit rate will be the rate established for the most recent period 
for the manufacturer of the merchandise; and
(4) if neither the exporter nor the manufacturer is a firm covered in 
this or any previous review conducted by the Department, the cash 
deposit rate will be the ``all others'' rate from the LTFV 
investigation (30.24 percent). See Notice of Antidumping Duty Order; 
Honey From Argentina, 66 FR 63672 (December 10, 2001). These deposit 
requirements, when imposed, shall remain in effect until publication of 
the final results of the next administrative review.

Notification to Interested Parties

    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 section 751(a)(1) and 777(i)(1) of the Tariff 
Act.

    Dated: April 27, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.

Appendix: Issues and Decision Memorandum

1. Warranty Expense Methodology
2. Testing Expenses
[FR Doc. E6-6758 Filed 5-3-06; 8:45 am]
BILLING CODE 3510-DS-S