[Federal Register Volume 72, Number 86 (Friday, May 4, 2007)]
[Notices]
[Pages 25245-25246]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-8584]


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

DEPARTMENT OF COMMERCE

International Trade Administration

A-357-812


Honey from Argentina: Final Results of Antidumping Duty 
Administrative Review and Determination Not to Revoke In Part

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On December 29, 2006, the Department of Commerce (the 
Department) published its preliminary results of the administrative 
review of the antidumping duty order on honey from Argentina. See 
Preliminary Results of Antidumping Duty Administrative Review and 
Intent Not to Revoke in Part, 71 FR 78397 (December 29, 2006) 
(Preliminary Results). This administrative review covers three \1\ 
firms, one of which, Seylinco, S.A. (Seylinco) was selected as a 
mandatory respondent. The period of review (POR) is December 1, 2004 to 
November 30, 2005. Based on our analysis of comments received, the 
margins for the final results do not differ from the preliminary 
results. See Preliminary Results.
---------------------------------------------------------------------------

    \1\ Mielar S.A. (Mielar) and Compania Apicola Argentina S.A. 
(CAA) were treated as a single entity in a prior segment of the 
proceeding. For the purposes of this review we continue to treat 
Mielar and CAA as a single entity (M ielar/CAA).

---------------------------------------------------------------------------
EFFECTIVE DATE: May 4, 2007.

FOR FURTHER INFORMATION CONTACT: Maryanne Burke 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) 482-5604 or (202) 482-0649, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 29, 2006, the Department published its Preliminary 
Results of this antidumping duty administrative review of honey from 
Argentina for the period December 1, 2004, to November 30, 2005. In 
response to the Department's invitation to comment on the preliminary 
results, the American Honey Producers Association and the Sioux Honey 
Association (collectively, petitioners) and Seylinco filed their case 
briefs on January 29, 2007. Seylinco and petitioners submitted their 
rebuttal briefs on February 5, 2007. In addition, the Department met 
separately with representatives for Seylinco, petitioners and the 
Embassy of Argentina to discuss the Preliminary Results. See Ex Parte 
Memoranda to the File, from Maryanne Burke dated March 6, 2007 and 
March 19, 2007, on file in 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.

Determination Not to Revoke in Part

    As discussed in the Preliminary Results at 78399, Seylinco 
requested that the Department revoke the order in regard to Seylinco 
pursuant to 19 CFR 351.222 based on three consecutive zero margins. We 
preliminarily determined not to revoke the order with respect to 
Seylinco because it did not ship in commercial quantities during each 
of the three years forming the basis of its request. See id. For these 
final results, the Department has relied upon Seylinco's sales activity 
during the 2002-2003, 2003-2004, and 2004-2005 PORs in making its 
decision with respect to Seylinco's revocation request. Although 
Seylinco had three consecutive years of sales at not less than normal 
value (NV), Seylinco did not sell subject merchandise in commercial 
quantities in each of these three years forming the basis of the 
request for revocation. Thus, Seylinco is not eligible for 
consideration for revocation pursuant to 19 CFR 351.222(d)(1). 
Accordingly, we have determined not to revoke the antidumping duty 
order with respect to Seylinco. See Comment 2 of the Issues and 
Decision Memorandum from Stephen J. Claeys, Deputy Assistant Secretary 
for Import Administration, to David M. Spooner, Assistant Secretary for 
Import Administration (Issues and Decision Memorandum) accompanying 
this notice.

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. 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 and findings at 
verification, we have made the following change in the margin 
calculation:
     We revised the color characteristic (GRADET/U) in both the 
U.S. and third-country market sales listings to differentiate amongst 
the various colors of honey actually shipped, in accordance with our 
established model-matching criteria.

Final Results of Review

    We determine that the following dumping margins exist for the 
period December 1, 2004 through November 30, 2005.

------------------------------------------------------------------------
                                                       Weighted Average
               Manufacturer / Exporter                      Margin
                                                         (percentage)
------------------------------------------------------------------------
Seylinco............................................                0.00
El Mana, S.A........................................                0.00

[[Page 25246]]

 
Mielar/CAA..........................................                0.00
------------------------------------------------------------------------

Assessment

    The Department shall determine, and the Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries. In accordance with 19 CFR 351.212(b)(1), we have calculated a 
zero margin rate which will be applied uniformly on all Seylinco, El 
Mana S.A. and Mielar/CAA entries made during the POR. The Department 
intends to issue assessment instructions directly to CBP 15 days after 
the date of publication of these final results of review. We will 
direct CBP to liquidate without regard to antidumping duties.
    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 POR 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, consistent 
with section 751(a)(1) of the Tariff Act of 1930, as amended (the 
Tariff Act): (1) cash deposits for Seylinco, El Mana S.A. and Mielar/
CAA will not be required; (2) if the exporter is not a firm covered in 
this review, but was covered in a previous review or the original less 
than fair value (LTFV) investigation, the cash deposit rate will 
continue to be the company-specific rate published for the most recent 
period; (3) if the exporter is not a firm covered in this review, a 
prior review, or the original LTFV investigation, 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 continue to be 30.24 percent, which is the ``All Others'' rate 
established in the LTFV investigation. 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, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.

Appendix - Issues and Decision Memorandum

1. Whether to Apply Adverse Facts Available as a Result of Seylinco's 
Reported Grade/Color
2. Revocation
3. Adverse Facts Available for Beekeeper 2
4. Beekeeper Feed Costs
5. Beekeeper Drums Costs

[FR Doc. E7-8584 Filed 5-3-07; 8:45 am]
BILLING CODE 3510-DS-S