Honey from Argentina: Final Results of Antidumping Duty Administrative Review, 19926-19927 [E5-1788]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 70, Number 72 (Friday, April 15, 2005)]
[Notices]
[Pages 19926-19927]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-1788]


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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: The Department of Commerce (the Department) has conducted an 
administrative review of the antidumping duty order on honey from 
Argentina produced and/or exported by Asociacion de Cooperativas 
Argentinas (ACA), Compania Apicola Argentina (CAA), HoneyMax S.A. 
(HoneyMax), Nexco S.A. (Nexco), Nutrin S.A (Nutrin), Seylinco S.A. 
(Seylinco), and TransHoney S.A. (TransHoney). The period of review 
(POR) is December 1, 2002, to November 30, 2003. Based on our analysis 
of comments received, the margin calculations for these final results 
do not differ from the preliminary results. The margin calculations for 
these final results are listed below in the ``Final Results of Review'' 
section.

EFFECTIVE DATE: April 15, 2005.

FOR FURTHER INFORMATION CONTACT: Angela Strom for ACA, Nexco and 
Nutrin, Brian Sheba for HoneyMax and Seylinco, David Cordell for 
TransHoney and CAA, or Robert James, AD/CVD Operations, Office 7, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230, telephone (202) 482-2704, (202) 482-0145, (202) 
482-0408, (202) 482-0469 respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 27, 2004, the Department published the preliminary 
results of the 2002-2003 antidumping duty administrative review of 
honey from Argentina. See Honey from Argentina: Preliminary Results of 
Antidumping Duty Administrative Review, 69 FR 77195 (Preliminary 
Results). The review covers sales by seven exporters: ACA, CAA, 
HoneyMax, Nexco, Nutrin, Seylinco, and TransHoney, (collectively, the 
respondents), and the period December 1, 2002, through November 30, 
2003. In the preliminary results, we invited parties to comment. CAA 
submitted a case brief January 26, 2005. Neither Petitioner nor any of 
the other respondents submitted direct comments, and no party submitted 
filed rebuttal comments.

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

    Comment 1: Company-specific Dumping Margins.
    In the Preliminary Results, the Department listed only the name of 
the requesting company, CAA. CAA argues the final results should 
include the names of both Mielar and CAA, as both CAA and Mielar were 
treated by the Department as a single entity for purposes of the 
review. CAA argues both CAA and Mielar filed combined questionnaire 
responses, were verified together, and sales and expense information 
for both companies was used in the dumping analysis conducted by the 
Department. CAA contends the preliminary results makes clear that the 
``Department determined that CAA, Mielar and El Chelibo (Chelibo) are 
affiliated....and that the Department should treat the three companies 
as a single entity for the purposes of this administrative review.'' 
See CAA/Mielar's Case Brief at 2.
    CAA believes the Department should list both exporting company 
names, namely CAA and Mielar, in the company-specific rates and in 
liquidation and cash deposit instructions issued to U.S. Customs and 
Border Protection (CBP) to ensure there is no error or 
misunderstanding. CAA cites a number of decisions including Stainless 
Steel Wire Rods From India: Preliminary Results of Antidumping Duty 
Administrative Review, Intent To Revoke Order In Part, and Extension of 
Time for the Final Results of Review, 70 FR 1413, 1416 (January 7, 
2005) (Stainless Steel Wire Rod from India), where the Department 
decided ``to treat Isibars and its affiliates as a single entity and 
calculate a single dumping margin.'' See CAA/Mielar's Case Brief at 5 
and 6 for other case citations.
    Department's Position: We agree with CAA and Mielar because both 
our Preliminary Results and the memorandum entitled, ``Relationship of 
Compania Apicola Argentina S.A., (CAA) El Chelibo S.A. (Chelibo), and 
Mielar, S.A. (Mielar) in the 2002-2003 Administrative Review of AD 
Order on Honey from Argentina'' dated June 30, 2004, illustrate ``that 
the companies should receive a single antidumping duty rate.'' 
Accordingly, we will assign a single rate to the entity composed of 
CAA, Mielar and Chelibo.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made no changes 
in the margin calculation. However, we

[[Page 19927]]

have made changes to the company names within the manufacturer/exporter 
column of the weighted average margin table.

Final Results of Review

    We determine that the following dumping margins exist for the 
period December 1, 2002, through November 30, 2003.

------------------------------------------------------------------------
                                                       Weighted Average
               Manufacturer / Exporter                      Margin
                                                         (percentage)
------------------------------------------------------------------------
Asociacion de Cooperativas Argentinas...............                   0
Compania Apicola Argentina S.A., Mielar S.A., and El                   0
 Chelibo S.A........................................
HoneyMax S.A........................................                   0
Nexco S.A...........................................   0.38 (de minimis)
Nutrin S.A..........................................               55.15
Seylinco S.A........................................                   0
TransHoney S.A......................................                   0
------------------------------------------------------------------------

Assessment

    The Department shall determine, and the CBP shall assess, 
antidumping duties on all appropriate entries. In accordance with 19 
CFR 351.212(b)(1), we have calculated importer-specific assessment 
rates. The Department will issue appropriate assessment instructions 
directly to CBP within 15 days of publication of these final results of 
review. We will direct CBP to assess the resulting assessment rate 
against the entered customs values for the subject merchandise on each 
of the importer's entries during the POR.

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, as 
provided for by section 751(a)(1) of the Tariff Act of 1930, as amended 
(the Tariff Act): (1) For the companies named above, the cash deposit 
rates will be the rates for these firms shown above, except that, for 
exporters with de minimis rates (i.e., less than 0.5 percent), no 
deposit will be required; (2) for previously-reviewed producers and 
exporters with separate rates, the cash deposit rate will be the 
company-specific rate established for the most recent period for which 
they were reviewed; and (3) for all other producers and exporters, the 
rate will be 30.24 percent, the ``all others'' rate established in the 
less than fair value investigation as established in the Antidumping 
Duty Order. See Notice of Antidumping Duty Order; Honey From Argentina, 
66 FR 63672 (Dec. 10, 2001). These deposit requirements, when imposed, 
shall remain in effect until publication of the final results of the 
next administrative review. 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 determination and notice in 
accordance with sections section 751(a)(1) and 777(i)(1) of the Tariff 
Act.

    Dated: April 8, 2005.
Joseph A. Spetrini
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-1788 Filed 4-15-05; 8:45 am]
Billing Code: 3510-DS-S