[Federal Register Volume 74, Number 135 (Thursday, July 16, 2009)]
[Notices]
[Pages 34550-34551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16956]


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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 Nexco S.A. (Nexco). This rescission, in part, is 
based on the withdrawal of the request for review by the interested 
parties that requested the review.

EFFECTIVE DATE: July 16, 2009.

FOR FURTHER INFORMATION CONTACT: Dena Crossland or John Drury, 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) 482-3362 or (202) 482-0195, respectively.

SUPPLEMENTARY INFORMATION:

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 (ACA) 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 the 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, with respect to 17 Argentine 
producers/exporters. Also on December 31, 2008, Nexco requested an 
administrative review of the antidumping duty order on honey from 
Argentina for the period December 1, 2007, through November 30, 2008. 
ACA and Nexco were included in the petitioners' request for review.
    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). On March 6, 2009, petitioners timely withdrew their requests for 
review for the 15 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. On April 17, 2009, the 
Department rescinded the administrative review with respect to these 15 
companies because the petitioners were the only party to request 
administrative review of each of these companies. See Honey from 
Argentina: Notice of Partial Rescission of Antidumping Duty 
Administrative Review, 74 FR 17815 (April 17, 2009).
    On June 10, 2009, both petitioners and Nexco submitted letters 
withdrawing their requests for an administrative review of Nexco.

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

[[Page 34551]]

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 the Antidumping Duty 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.
    Both petitioners and Nexco withdrew their review requests after the 
90-day deadline. However, the Department finds it reasonable to extend 
the withdrawal deadline for Nexco and petitioners because the 
Department has not yet devoted significant time or resources to this 
review. Further, we find that neither petitioners' nor Nexco's 
withdrawal of their requests for a review of Nexco constitutes an abuse 
of 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 Nexco.

Assessment

    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 Nexco at the cash deposit rate in effect on the 
date of entry for entries during the period December 1, 2007 to 
November 30, 2008.

Notification to Importers

    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.

Notification Regarding Administrative Protective Orders (APOs)

    This notice also serves as a reminder to parties subject to 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: July 8, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. E9-16956 Filed 7-15-09; 8:45 am]
BILLING CODE 3510-DS-S