[Federal Register Volume 73, Number 86 (Friday, May 2, 2008)]
[Notices]
[Pages 24220-24222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-9729]


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

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 28, 2007, the Department of Commerce (the 
Department) published its preliminary results of the administrative 
review of the antidumping duty order on honey from Argentina. See Honey 
from Argentina: Preliminary Results of Antidumping Duty Administrative 
Review and Intent Not to Revoke in Part, 72 FR 73758 (December 28, 
2007) (Preliminary Results). This administrative review covers five 
firms, two of which were selected as mandatory respondents, Asociacion 
de Cooperativas Argentinas (ACA) and Seylinco, S.A. (Seylinco). Based 
on our analysis of comments received, the margins for the final results 
do not differ from the preliminary results. See Preliminary Results.

EFFECTIVE DATE: May 2, 2008.

FOR FURTHER INFORMATION CONTACT: Maryanne Burke for Seylinco, Deborah 
Scott for ACA 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, (202) 482-2657 or (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 28, 2007, the Department published in the Federal 
Register the preliminary results of the administrative review of the 
antidumping duty order on honey from Argentina for the period December 
1, 2005 to November 30, 2006. See Preliminary Results. 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 respondents ACA and Seylinco filed 
their case briefs on January 28, 2008. Petitioners and ACA submitted 
their rebuttal briefs on February 4, 2008.

Period of Review

    The period of review (POR) is December 1, 2005, to November 30, 
2006.

[[Page 24221]]

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, 72 FR at 73760, 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 2003-2004, 2004-2005, and 2005-2006 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 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 5 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 Issues and Decision 
Memorandum is appended to this notice. The Issues and 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 two changes 
to the margin calculation for ACA. First, we converted the average cost 
of production calculated for ACA's beekeepers from a per-kilogram to a 
per-metric ton basis. Second, we added ACA's reported homogenization 
costs to the average cost of production. These changes in the 
calculation did not result in a change in the final margin. We made no 
changes to the margin calculation for Seylinco.

Final Results of Review

    We determine that the following dumping margins exist for the 
period December 1, 2005 through November 30, 2006.

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

Assessment

    The Department shall determine, and U.S. 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 
duty assessment rates which will be applied uniformly on all ACA, 
Seylinco, Patagonik S.A., El Mana S.A. and Naiman S.A. 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 deposit rate for ACA, Seylinco, Patagonik S.A., 
El Mana S.A. and Naiman S.A. will be zero; (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

[[Page 24222]]

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

    Dated: April 28, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.

Appendix - List of Comments in the Issues and Decision Memorandum

ACA

Comment 1. Reclassification of ACA's Reported Testing and 
Homogenization Expenses
Comment 2. Date of Sale and Selection of the United Kingdom as the 
Third-Country Market
Comment 3. Whether Sales to the United Kingdom Are Representative
Comment 4. Issues Related to the Cost of Production

Seylinco

Comment 5. Revocation
[FR Doc. E8-9729 Filed 5-1-08; 8:45 am]
BILLING CODE 3510-DR-S