[Federal Register Volume 74, Number 73 (Friday, April 17, 2009)]
[Notices]
[Pages 17815-17816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8864]


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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, 2007, to November 30, 
2008, with respect to multiple companies. This rescission 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which the administrative review is being rescinded is provided below.

EFFECTIVE DATE: April 17, 2009.

FOR FURTHER INFORMATION CONTACT: John Drury or Angelica Mendoza, AD/CVD 
Operations, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14\th\ Street and 
Constitution Avenue, NW, Room 7866, Washington, DC 20230; telephone: 
(202) 482-0195 or (202) 482-3019, respectively.

Background:

    On December 1, 2008, 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, 73 FR 72764 (December 1, 
2008). In response, on December 30, 2008, the Asociacion de 
Cooperativas Argentinas requested an administrative review of the 
antidumping duty order on honey from Argentina for the period December 
1, 2007, through November 30, 2008. On December 31, 2008, the American 
Honey Producers Association and Sioux Honey Association (collectively, 
petitioners) requested an administrative review of the antidumping duty 
order on honey from Argentina for the period December 1, 2007, through 
November 30, 2008. Specifically, petitioners requested that the 
Department conduct an administrative review of entries of subject 
merchandise made by 17 Argentine producers/exporters.\1\ Also on 
December 31, 2008, Nexco S.A. requested an administrative review of the 
antidumping duty order on honey from Argentina for the period December 
1, 2007, through November 30, 2008. The Asociacion de Cooperativas 
Argentinas and Nexco S.A. were included in the petitioners' request for 
review.
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    \1\ Petitioners requested Compania Apicola Argentina S.A. and 
Mielar S.A.as separate entities. However, in a previous segment of 
this proceeding, the Department treated these two companies as a 
single entity.
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    On February 2, 2009, the Department initiated a review of the 17 
companies for which an administrative review was requested. See 
Initiation of Antidumping and Countervailing Duty Administrative 
Reviews and Request for Revocation in Part, 74 FR 5821 (February 2, 
2009) (Initiation Notice).
    The Department received a request for administrative review from 
Patagonik S.A. (Patagonik) in response to the December 1, 2008, 
opportunity to request an administrative review. However, its request 
was dated January 2, 2009, after the December 31, 2008, deadline. On 
January 23, 2009, the

[[Page 17816]]

Department returned the letter requesting an administrative review to 
Patagonik, stating that the request was untimely and that the 
Department would not initiate a review based on this request. See 
Letter from the Department of Commerce to Patagonik S.A., dated January 
23, 2009. On February 23, 2009, Patagonik submitted a letter requesting 
that the Department reconsider its decision not to initiate a review 
based on Patagonik's request. Patagonik provided information to the 
Department indicating the reasons for the untimely filing of the 
request. After examining the information, the Department again declined 
to initiate an administrative review based on Patagonik's request. See 
Letter from the Department of Commerce to Patagonik S.A., dated March 
17, 2009.
    On March 6, 2009, petitioners timely withdrew their requests for 
review of the following companies: AGLH S.A., Algodonera Avellaneda 
S.A., Alimentos Naturales-Natural Foods, Alma Pura, Bomare S.A. 
(Bodegas Miguel Armengol), Compania Apicola Argentina S.A. and Mielar 
S.A., Compania Inversora Platense S.A., EL Mana S.A., HoneyMax S.A., 
Interrupcion S.A., Miel Ceta SRL, Patagonik S.A., Productos Afer S.A., 
Seabird Argentina S.A., and Seylinco S.A.

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., Alimentos Naturales-
Natural Foods, Alma Pura, Bomare S.A. (Bodegas Miguel Armengol), 
Compania Apicola Argentina S.A. and Mielar S.A., Compania Inversora 
Platense S.A., EL Mana S.A., HoneyMax S.A., Interrupcion S.A., Miel 
Ceta SRL, Patagonik S.A., Productos Afer S.A., Seabird Argentina S.A., 
and Seylinco S.A. Because the petitioners were the only party to 
request administrative reviews of each of these companies, we are 
rescinding the review with regard to AGLH S.A., Algodonera Avellaneda 
S.A., Alimentos Naturales-Natural Foods, Alma Pura, Bomare S.A. 
(Bodegas Miguel Armengol), Compania Apicola Argentina S.A. and Mielar 
S.A., Compania Inversora Platense S.A., EL Mana S.A., HoneyMax S.A., 
Interrupcion S.A., Miel Ceta SRL, Patagonik S.A., Productos Afer S.A., 
Seabird Argentina S.A., and Seylinco S.A.
    The Department intends to 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, 
2007, to November 30, 2008.

Respondent Selection

    On February 10, 2009, the Department issued a respondent selection 
memorandum containing import data from proprietary CBP records for the 
period December 1, 2007, to November 30, 2008. In the memorandum, the 
Department stated that it intended to limit the number of companies 
examined in this period of review. As petitioners have withdrawn their 
request for 15 of the 17 companies listed in the Initiation Notice, it 
is no longer necessary to limit the number of companies examined in 
this period of review. Consequently, we will individually examine the 
two remaining companies for which an administrative review has been 
requested: Asociacion de Cooperativas Argentinas and Nexco S.A.

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: April 9, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. E9-8864 Filed 4-16-09; 8:45 am]
BILLING CODE 3510-DS-S