[Federal Register Volume 77, Number 117 (Monday, June 18, 2012)]
[Notices]
[Pages 36253-36255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-14827]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-357-812]


Honey From Argentina: Final Results of Antidumping Duty 
Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On January 10, 2012, the Department of Commerce (the 
Department) published its preliminary results of the 2009-2010 
administrative review of the antidumping duty order on honey from 
Argentina.\1\ The review

[[Page 36254]]

covers imports of subject merchandise from nine companies. The period 
of review (POR) is December 1, 2009, through November 30, 2010. The 
final weighted-average dumping margins for the exporters are listed 
below in the ``Final Results of Review'' section of this notice.
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    \1\ See Honey From Argentina: Preliminary Results of Antidumping 
Duty Administrative Review and Partial Rescission of Antidumping 
Duty Administrative Review, 77 FR 1458 (January 10, 2012) 
(Preliminary Results).

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DATES: Effective Date: June 18, 2012.

FOR FURTHER INFORMATION CONTACT: John Drury or Angelica Mendoza, AD/CVD 
Operations, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Room 7850, Washington, DC 20230; telephone 
(202) 482-0195 or (202) 482-3019, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On January 10, 2012, 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, 2009, to November 30, 2010. See Preliminary Results. With respect to 
the margins preliminarily assigned to non-selected companies, in the 
Preliminary Results the Department stated that it intended ``to request 
from all non-selected companies certain information regarding sales of 
honey made to the United States during the POR to determine the 
appropriateness of our preliminary margin assignments for these 
companies.'' Id. at 1462-63. The Department issued a letter to all non-
selected respondents requesting quantity and value information for 
sales made during the POR by each non-selected respondent. The 
Department received responses from Mielar S.A./Compa[ntilde][iacute]a 
Ap[iacute]cola Argentina S.A. (Mielar), Patagonik S.A. (Patagonik), 
Industrial Haedo S.A. (Haedo), A.G.L.H. S.A. (AGLH), and Algodonera 
Avellaneda, S.A. (Algodonera). The Department did not receive a 
response from El Man[aacute] S.A.
    We invited parties to comment on the Preliminary Results as well as 
the responses to the quantity and value information submitted by 
parties, and received comments from AGLH, Haedo, and Mielar. We did not 
receive any rebuttal comments and no hearing was requested.

Period of Review

    The POR is December 1, 2009, through November 30, 2010.

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.

Analysis of Comments Received

    All issues raised in the case briefs by parties to this 
administrative review are addressed in the accompanying Issues and 
Decision Memorandum (I&D Memo), which is hereby adopted by this notice. 
A list of the issues which parties have raised, and to which we have 
responded in the I&D Memo, is attached to this notice as an Appendix. 
In addition, a complete version of the I&D Memo can be accessed 
directly by the Internet at http://ia.ita.doc.gov/frn. The paper copy 
and electronic version of the I&D Memo are identical in content.

Changes Since the Preliminary Results

    The Department has assigned a rate of zero to all of the non-
selected respondents that provided quantity and value information. For 
El Man[aacute] S.A., which did not provide the requested information, 
we have assigned a rate of 0.77 as adverse facts available. See the I&D 
Memo for further discussion.

Final Results of Review

    We determine that the following dumping margins exist for the 
period December 1, 2009, through November 30, 2010:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                         Exporter                              margin
                                                            (percentage)
------------------------------------------------------------------------
Compania Inversora Platense S.A...........................          0.00
TransHoney S.A. and Einsof Trade S.A......................          0.00
AGLH S.A..................................................          0.00
Algodonera Avellaneda S.A.................................          0.00
Compania Apicola Argentina S.A............................          0.00
El Man[aacute] S.A........................................          0.77
Industrial Haedo S.A......................................          0.00
Mielar S.A................................................          0.00
Patagonik S.A.............................................          0.00
------------------------------------------------------------------------

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as 
amended (the Act) and 19 CFR 351.212(b), the Department will determine, 
and U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries of subject merchandise in accordance 
with the final results of this review. For assessment purposes, we 
calculated importer (or customer)-specific assessment rates for 
merchandise subject to this review. Where appropriate, we calculated an 
ad valorem rate for each importer (or customer) by dividing the total 
dumping margins for reviewed sales to that party by the total entered 
values associated with those transactions. For duty assessment rates 
calculated on this basis, we will direct CBP to assess the resulting ad 
valorem rate against the entered customs values for the subject 
merchandise. Where appropriate, we calculated a per-unit rate for each 
importer (or customer) by dividing the total dumping margins for 
reviewed sales to that party by the total sales quantity associated 
with those transactions. For duty-assessment rates calculated on this 
basis, we will direct CBP to assess the resulting per-unit rate against 
the entered quantity of the subject merchandise. Where an importer (or 
customer)-specific assessment rate is de minimis (i.e., less than 0.50 
percent), the Department will instruct CBP to assess that importer (or 
customer's) entries of subject merchandise without regard to 
antidumping duties, in accordance with 19 CFR 351.106(c)(2). The 
Department intends to issue assessment instructions to CBP 15 days 
after the date of 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

[[Page 36255]]

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 
the companies covered by this review, 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 further notice.

Reimbursement of Duties

    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.

Administrative Protective Order

    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: June 8, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix I

List of Comments in the Accompanying Issues and Decision Memorandum

Comment 1: Rates Assigned to Non-Selected Respondents

[FR Doc. 2012-14827 Filed 6-15-12; 8:45 am]
BILLING CODE 3510-DS-P