[Federal Register Volume 75, Number 85 (Tuesday, May 4, 2010)]
[Notices]
[Pages 23674-23675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10479]



[[Page 23674]]

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DEPARTMENT OF COMMERCE

International Trade Administration

A-357-812


Honey from Argentina: Final Results of Antidumping Duty 
Administrative Review and Determination to Revoke Order in Part

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On December 28, 2009, the Department of Commerce (the 
Department) published its preliminary results of the 2007-2008 
administrative review of the antidumping duty order on honey from 
Argentina. See Honey from Argentina: Preliminary Results of Antidumping 
Duty Administrative Review and Intent to Revoke Order in Part, 74 FR 
68570 (December 28, 2009) (Preliminary Results). This review covers one 
exporter, Asociacion de Cooperativas Argentinas (ACA). The period of 
review (POR) is December 1, 2007, through November 30, 2008. We invited 
interested parties to comment on the Preliminary Results, and received 
no comments. Therefore, our final results remain unchanged from our 
Preliminary Results, and we are revoking the order with respect to ACA.

EFFECTIVE DATE: May 4, 2010.

FOR FURTHER INFORMATION CONTACT: John Drury or Dena Crossland, Office 
7, Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230; telephone: (202) 482-0195 or (202) 482-3362, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 28, 2009, 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, 2007, through November 30, 2008. See Preliminary Results. We invited 
parties to comment on the Preliminary Results. We received no comments 
or a request for a hearing.
    As explained in the memorandum from the Deputy Assistant Secretary 
(DAS) for Import Administration, the Department exercised its 
discretion to toll Import Administration deadlines for the duration of 
the closure of the Federal Government from February 5, through February 
12, 2010. Thus, all deadlines in this segment of the proceeding were 
extended by seven days. Therefore, the revised deadline for the final 
results of this review became May 4, 2010. See Memorandum to the Record 
from Ronald Lorentzen, DAS for Import Administration, regarding 
``Tolling of Administrative Deadlines As a Result of the Government 
Closure During the Recent Snowstorm,'' dated February 12, 2010.

Period of Review

    The POR is December 1, 2007, through November 30, 2008.

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 to Revoke Order, in Part

    The Department may revoke, in whole or in part, an antidumping duty 
order upon completion of a review under section 751 of the Tariff Act 
of 1930, as amended (the Act). While Congress has not specified the 
procedures that the Department must follow in revoking an order, in 
whole or in part, the Department has developed a procedure for 
revocation that is described in 19 CFR 351.222. For exporters or 
producers requesting revocation from an antidumping duty order, this 
regulation requires, inter alia, that the company submit the following: 
(1) a certification that the company has sold the subject merchandise 
at not less than normal value (NV) in the current review period and 
that the company will not sell subject merchandise at less than NV in 
the future; (2) a certification that the company sold commercial 
quantities of the subject merchandise to the United States in each of 
the three years forming the basis of the request; and (3) an agreement 
to immediate reinstatement in the order if the Department concludes 
that the company, subsequent to the revocation, sold subject 
merchandise at less than NV. See 19 CFR 351.222(e)(1). Upon receipt of 
such a request, the Department will consider: (1) whether the company 
in question has sold subject merchandise at not less than NV for a 
period of at least three consecutive years and is not likely to sell 
the subject merchandise at less than NV in the future; and (2) whether 
the company has agreed in writing to its immediate reinstatement in the 
order, as long as any exporter or producer is subject to the order, if 
the Department concludes that the company, subsequent to the 
revocation, sold the subject merchandise at less than NV. See 19 CFR 
351.222(b)(2).
    On December 30, 2008, pursuant to section 751(d) of the Act and 19 
CFR 351.222(b)(2), ACA requested revocation of the antidumping duty 
order with respect to its sales of subject merchandise. ACA's request 
was accompanied by certification that it: (1) sold subject merchandise 
at not less than NV in the current review period and will not sell 
subject merchandise at less than NV in the future; (2) sold subject 
merchandise in commercial quantities during each of the consecutive 
three years forming the basis for its request for revocation; and (3) 
agreed to immediate reinstatement of the antidumping duty order if the 
Department concludes ACA has sold subject merchandise at less than NV 
subsequent to revocation. See 19 CFR 351.222(e)(1).
    In the Preliminary Results, we determined that ACA's request meets 
all of the criteria under 19 CFR 351.222(e)(1) and that revocation is 
warranted pursuant to 19 CFR 351.222(b)(2). See Preliminary Results, 74 
FR at 68572 and Memorandum to John M. Andersen, Acting Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, ``Request 
by Asociacion de Cooperativas Argentinas (ACA) for Revocation in the 
Antidumping Duty Administrative Review of Honey from Argentina,'' dated 
December 18, 2009. We have not received any comments or evidence to 
alter our findings for these final results. Therefore, we find that ACA 
qualifies for revocation of the antidumping duty order on honey from 
Argentina under 19 CFR 351.222(b)(2) and, accordingly, we are revoking 
the order with respect to subject merchandise exported by ACA.\1\
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    \1\ Only exports by ACA in which ACA is the first party with 
knowledge of the U.S. destination of the merchandise are covered by 
this revocation.
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Effective Date of Revocation

    The revocation of ACA applies to all entries of subject merchandise 
that are exported by ACA, and are entered, or withdrawn from warehouse, 
for

[[Page 23675]]

consumption on or after December 1, 2008. The Department will order the 
suspension of liquidation ended for all such entries and will instruct 
U.S. Customs and Border Protection (CBP) to release any cash deposits 
or bonds. The Department also will instruct CBP to refund with interest 
any cash deposits on entries made on or after December 1, 2008.

Final Results of Review

    We determine that the following dumping margin exists for the 
period December 1, 2007, through November 30, 2008:

------------------------------------------------------------------------
                                                       Weighted-Average
                      Exporter                              Margin
                                                         (percentage)
------------------------------------------------------------------------
Asociacion de Cooperativas Argentinas...............                0.00
------------------------------------------------------------------------

Assessment Rates

    The Department shall determine, and CBP shall assess, antidumping 
duties on all appropriate entries, in accordance with 19 CFR 
351.212(b). Since the importer-specific assessment rate calculated in 
the final results of this review is 0.00 percent, we will instruct CBP 
to liquidate without regard to antidumping duties for these entries. 
See 19 CFR 351.106(c)(2). The Department intends to issue appropriate 
assessment instructions directly to CBP 15 days after publication of 
these final results of review.
    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 the company(ies) 
included in these final results of review for which the reviewed 
company(ies) did not know their merchandise was destined for the United 
States. In such instances, we will instruct CBP to liquidate un-
reviewed 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 of these 
final results, consistent with section 751(a)(1) of the Act: (1) for 
ACA, which is revoked from the order, no cash deposit will 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.

Notifications 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 notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: April 22, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-10479 Filed 5-3-10; 8:45 am]
BILLING CODE 3510-DS-S