[Federal Register Volume 73, Number 116 (Monday, June 16, 2008)]
[Notices]
[Pages 33975-33976]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13481]


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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 partially 
rescinding its administrative review of the antidumping duty order on 
honey from Argentina for the period December 1, 2006, to November 30, 
2007 with respect to eleven companies. This rescission, in part, is 
based on the timely withdrawal of the request for review by the 
interested parties 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companies for which the administrative review is being rescinded is 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.

EFFECTIVE DATE: June 16, 2008

FOR FURTHER INFORMATION CONTACT: Deborah Scott 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) 482-2657 or (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION:

BACKGROUND:

    On December 3, 2007, the Department published in the Federal 
Register its notice of opportunity to request an administrative review 
of the antidumping duty order on honey from Argentina. See Antidumping 
or Countervailing Duty Order, Finding, or Suspended Investigation; 
Opportunity to Request Administrative Review, 72 FR 67889 (December 3, 
2007). In response, on December 31, 2007, 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, 2006, through November 
30, 2007. The petitioners requested that the Department conduct an 
administrative review of entries of subject merchandise made by 
thirteen Argentine producers/exporters.\1\ In addition, the Department 
received requests for review from four Argentine exporters included in 
the petitioners' request. Furthermore, the Department received one 
request from an exporter that was not included in petitioners' request 
for review.
    On January 28, 2008, the Department initiated a review of the 14 
companies\2\ for which an administrative review was requested. See 
Initiation of Antidumping and Countervailing Duty Administrative 
Reviews and Request for Revocation in Part, 73 FR 4829 (January 28, 
2008).
    On February 19, 2007, petitioners timely withdrew their requests 
for review of the following companies: AGLH S.A., Algodonera Avellaneda 
S.A., Bomare S.A. (Bodegas Miguel Armengol), Mercoline S.A., Productos 
Afer S.A., and Seabird Argentina S.A. On March 18, 2008, petitioners 
timely withdrew their requests for review of El Mana S.A., HoneyMax 
S.A., and Nexco S.A. On May 22, 2008, both petitioners and CAA/Mielar 
submitted letters withdrawing their requests for an administrative 
review of CAA/Mielar.

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.

Rescission, in Part, of Administrative Review

    Section 351.213(d)(1) of the Department's regulations provides that 
the Department will rescind an administrative review if the party that 
requested the review withdraws its request for review within 90 days of 
the date of publication of the notice of initiation of the requested 
review, or withdraws at a later date if the Department determines it is 
reasonable to extend the time limit for withdrawing the request.
    The petitioners timely withdrew their requests for an 
administrative review within the 90-day deadline for the following 
companies: AGLH S.A., Algodonera Avellaneda S.A., Bomare S.A. (Bodegas 
Miguel Armengol), El Mana S.A., HoneyMax S.A., Mercoline S.A., Nexco 
S.A., Productos Afer S.A., and Seabird Argentina S.A. Because the 
petitioners were the only party to request administrative review of 
each of these companies, we are rescinding the review with regard to 
AGLH S.A., Algodonera Avellaneda S.A., Bomare S.A. (Bodegas Miguel 
Armengol), El Mana S.A., HoneyMax S.A., Mercoline S.A., Nexco S.A., 
Productos Afer S.A., and Seabird Argentina S.A.
    With respect to CAA/Mielar, both petitioners and CAA/Mielar 
withdrew their review requests after the 90-day deadline, despite 
petitioners' and CAA/Mielar's claims to the contrary in their May 22, 
2008 requests for withdrawal. However, the Department finds it 
reasonable to extend the withdrawal deadline for CAA/Mielar because the 
Department has not yet devoted significant time or resources to this 
review. Further, we find that neither petitioners' nor CAA/Mielar's 
withdrawal of their requests for a review of CAA/Mielar constitutes an 
abuse of

[[Page 33976]]

our procedures. See, e.g., Persulfates from the People's Republic of 
China: Notice of Rescission of Antidumping Duty Administrative Review, 
71 FR 13810, 13811 (March 17, 2006). As a result, we are rescinding 
this review with regard to CAA/Mielar.
    The Department will issue appropriate assessment instructions 
directly to U.S. Customs and Border Protection (CBP) 15 days after 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, 
2006 to November 30, 2007.

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)(1) 
and 777(i)(1) of the Tariff Act of 1930, as amended.

    Dated: June 9, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
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    \1\ Petitioners requested Compania Apicola Argentina S.A. (CAA) 
and Mielar S.A. (Mielar) as separate entities. However, in a 
previous segment of this proceeding, the Department treated these 
two companies as a single entity.
    \2\ The Federal Register notice lists 15 companies but, as 
explained in footnote 1, CAA and Mielar are currently being treated 
as a single entity based on decisions made in a previous segment of 
this proceeding. Accordingly, there are a total of 14 companies for 
which reviews were requested.
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[FR Doc. E8-13481 Filed 6-13-08; 8:45 am]
BILLING CODE 3510-DS-S