Honey from Argentina: Notice of Partial Rescission of Antidumping Duty Administrative Review, 19927-19928 [E5-1789]

Download as PDF Federal Register / Vol. 70, No. 72 / Friday, April 15, 2005 / Notices 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. Manufacturer / Exporter Weighted Average Margin (percentage) Asociacion de Cooperativas Argentinas ........................... Compania Apicola Argentina S.A., Mielar S.A., and El Chelibo S.A. ........................... HoneyMax S.A .............. Nexco S.A. .................... Nutrin S.A. .................... Seylinco S.A. ................ TransHoney S.A ........... 0 0 0 0.38 (de minimis) 55.15 0 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publication of the final results of this administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided for by section 751(a)(1) of the Tariff Act of 1930, as amended (the Tariff Act):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 VerDate jul<14>2003 14:34 Apr 14, 2005 Jkt 205001 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 DEPARTMENT OF COMMERCE International Trade Administration A–357–812 Honey from Argentina: Notice of Partial Rescission of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is rescinding its administrative review of 19 companies under the antidumping duty order of honey from Argentina for the period December 1, 2003 to November 30, 2004. This rescission in part, is based on the timely withdrawal of the request for review by the respective interested party AGENCY: PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 19927 that requested the review. A complete list of the companies for which the administrative review is being rescinded is provided in the background section below. DATES: Effective Date: APRIL 15, 2005. FOR FURTHER INFORMATION CONTACT: David Cordell or Robert James, 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) 482–0408 and (202) 482–0649, respectively. SUPPLEMENTARY INFORMATION: 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. Background: On December 1, 2004, the Department published its notice of an opportunity to request a review in the Federal Register. See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 69 FR 69889 (December 1, 2004). In response, on December 30, 2004, 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, 2003, through November 30, 2004. The petitioners requested that the Department conduct an administrative review of entries of subject merchandise made by 24 Argentine producers/ exporters. In addition, the Department received requests for review from two Argentine exporters included in the E:\FR\FM\15APN1.SGM 15APN1 19928 Federal Register / Vol. 70, No. 72 / Friday, April 15, 2005 / Notices petitioners’ request and from one additional exporter. On January 31, 2005 the Department initiated a review on all 25 companies for which an administrative review was requested. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 70 FR 4818 (January 31, 2005) and the Corrections Notice, 70 FR 7143 (February 10, 2005). On February 22, 2005, petitioners submitted timely withdrawal of requests for review of the following companies: Centauro S.A., Comexter Robinson S.A., Compa Inversora Platense S.A., ConAgra Argentina S.A., Coope–Riel Ltda., Cooperativa DeAgua Potable y Otros, Establecimiento Don Angel S.r.L, Food Way, S.A., Francisco Facundo Rodriguez, Jay Bees, Jose Luis Garcia, Navicon S.A., Parodi Agropecuaria S.A., Times S.A., and Mielar S.A. See Letter from petitioners to the Department, Honey From Argentina, (February 22, 2005), on file in the Central Records Unit (CRU), room B–099 of the main Department building. On February 24, 2005, both petitioners and Nexco (an exporter) submitted letters withdrawing their individual requests for review of Nexco. See letters from petitioners and from Nexco to the Department, Honey From Argentina, (February 24, 2005), on file in the CRU. On February 24, 2005, petitioner rescinded its withdrawal with respect to Mielar. On March 9, 2005, El Mana S.A. (an exporter) submitted a letter withdrawing its request for the administrative review of El Mana S.A. See letter El Mana S.A. to the Department, Honey From Argentina, (March 9, 2005), on file in the CRU. On March 31, 2005, petitioners submitted timely withdrawal of requests for review of the following companies: Compania Apicola Argentina (CAA), Mielar and TransHoney S.A. (TransHoney). See Letter from petitioners to the Department, Honey From Argentina, (March 31, 2005), on file in the Central Records Unit (CRU), room B–099 of the main Department building Rescission in Part, of Administrative Review: The applicable regulation, 19 CFR 351.213(d)(1), states that if a party that requested an administrative review withdraws the request within 90 days of the publication of the notice of initiation of the requested review, the Secretary will rescind the review in whole or in part. The petitioners made a timely withdrawal of their requests for an administrative review within the 90– day deadline, in accordance with 19 CFR 351.213(d)(1) for the following companies: Centauro S.A., Comexter VerDate jul<14>2003 14:34 Apr 14, 2005 Jkt 205001 Robinson S.A., Compa Inversora Platense S.A., Compania Apicola Argentina S.A., ConAgra Argentina S.A., Coope–Riel Ltda., Cooperativa DeAgua Potable y Otros, Establecimiento Don Angel S.r.L, Food Way, S.A., Francisco Facundo Rodriguez, Jay Bees, Jose Luis Garcia, Mielar S.A., Navicon S.A., Parodi Agropecuaria S.A., Times S.A, and TransHoney S.A. Because petitioners were the only party to request the administrative review of these companies, we have accepted the withdrawal requests and we are rescinding this administrative review of the antidumping duty order on honey from Argentina covering the period December 1, 2003, through November 30, 2004 for the aforementioned companies. With respect to Nexco, because both petitioners and the respondent requested the administrative review of Nexco, and because both parties submitted withdrawal requests, we are rescinding this administrative review with respect to Nexco. With respect to El Mana S.A., because the respondent requested the administrative review of El Mana S.A., and because El Mana S.A. submitted a timely withdrawal request, we are also rescinding this administrative review with respect to El Mana S.A. The Department will issue appropriate assessment instructions directly to the CBP within 15 days of 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, 2003 to November 30, 2004. 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 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 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)(2)(C) and 777(i)(1) of the Tariff Act of 1930, as amended. Dated: April 8, 2005. Barbara E. Tillman, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. E5–1789 Filed 4–14–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–570–896] Notice of Antidumping Duty Order: Magnesium Metal From the People’s Republic of China Import Administration, International Trade Administration, Department of Commerce. SUMMARY: Based on affirmative final determinations by the Department of Commerce (‘‘the Department’’) and the International Trade Commission (‘‘ITC’’), the Department is issuing an antidumping duty order on magnesium metal from the People’s Republic of China (‘‘PRC’’). On April 11, 2005, the ITC notified the Department of its affirmative determination of material injury to a U.S. industry (Magnesium from China and Russia, Investigations Nos. 731–TA–1071 and 1072 (Final), Publication 3763, April 2005). EFFECTIVE DATE: April 15, 2005. FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–6412. SUPPLEMENTARY INFORMATION: AGENCY: Background In accordance with section 735(d) and 777(i)(1) of the Tariff Act of 1930, as amended (‘‘the Act’’), on February 24, 2005, the Department published the Notice of Final Determination of Sales at Less Than Fair Value and Affirmative Critical Circumstances: Magnesium Metal From The People’s Republic of China, 70 FR 9037 (February 24, 2005) (‘‘Final Determination’’). An amended final determination was published on March 29, 2005 to correct ministerial errors that occurred in the calculation of the rates as published in the Final E:\FR\FM\15APN1.SGM 15APN1

Agencies

[Federal Register Volume 70, Number 72 (Friday, April 15, 2005)]
[Notices]
[Pages 19927-19928]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-1789]


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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 rescinding its 
administrative review of 19 companies under the antidumping duty order 
of honey from Argentina for the period December 1, 2003 to November 30, 
2004. This rescission in part, is based on the timely withdrawal of the 
request for review by the respective interested party that requested 
the review. A complete list of the companies for which the 
administrative review is being rescinded is provided in the background 
section below.

DATES: Effective Date: April 15, 2005.

FOR FURTHER INFORMATION CONTACT: David Cordell or Robert James, 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) 482-0408 and (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION:

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.

Background:

    On December 1, 2004, the Department published its notice of an 
opportunity to request a review in the Federal Register. See 
Antidumping or Countervailing Duty Order, Finding, or Suspended 
Investigation; Opportunity to Request Administrative Review, 69 FR 
69889 (December 1, 2004). In response, on December 30, 2004, 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, 2003, through November 30, 2004. The petitioners requested that the 
Department conduct an administrative review of entries of subject 
merchandise made by 24 Argentine producers/exporters. In addition, the 
Department received requests for review from two Argentine exporters 
included in the

[[Page 19928]]

petitioners' request and from one additional exporter.
    On January 31, 2005 the Department initiated a review on all 25 
companies for which an administrative review was requested. See 
Initiation of Antidumping and Countervailing Duty Administrative 
Reviews and Request for Revocation in Part, 70 FR 4818 (January 31, 
2005) and the Corrections Notice, 70 FR 7143 (February 10, 2005).
    On February 22, 2005, petitioners submitted timely withdrawal of 
requests for review of the following companies: Centauro S.A., Comexter 
Robinson S.A., Compa Inversora Platense S.A., ConAgra Argentina S.A., 
Coope-Riel Ltda., Cooperativa DeAgua Potable y Otros, Establecimiento 
Don Angel S.r.L, Food Way, S.A., Francisco Facundo Rodriguez, Jay Bees, 
Jose Luis Garcia, Navicon S.A., Parodi Agropecuaria S.A., Times S.A., 
and Mielar S.A. See Letter from petitioners to the Department, Honey 
From Argentina, (February 22, 2005), on file in the Central Records 
Unit (CRU), room B-099 of the main Department building. On February 24, 
2005, both petitioners and Nexco (an exporter) submitted letters 
withdrawing their individual requests for review of Nexco. See letters 
from petitioners and from Nexco to the Department, Honey From 
Argentina, (February 24, 2005), on file in the CRU. On February 24, 
2005, petitioner rescinded its withdrawal with respect to Mielar. On 
March 9, 2005, El Mana S.A. (an exporter) submitted a letter 
withdrawing its request for the administrative review of El Mana S.A. 
See letter El Mana S.A. to the Department, Honey From Argentina, (March 
9, 2005), on file in the CRU. On March 31, 2005, petitioners submitted 
timely withdrawal of requests for review of the following companies: 
Compania Apicola Argentina (CAA), Mielar and TransHoney S.A. 
(TransHoney). See Letter from petitioners to the Department, Honey From 
Argentina, (March 31, 2005), on file in the Central Records Unit (CRU), 
room B-099 of the main Department building

Rescission in Part, of Administrative Review:

    The applicable regulation, 19 CFR 351.213(d)(1), states that if a 
party that requested an administrative review withdraws the request 
within 90 days of the publication of the notice of initiation of the 
requested review, the Secretary will rescind the review in whole or in 
part. The petitioners made a timely withdrawal of their requests for an 
administrative review within the 90-day deadline, in accordance with 19 
CFR 351.213(d)(1) for the following companies: Centauro S.A., Comexter 
Robinson S.A., Compa Inversora Platense S.A., Compania Apicola 
Argentina S.A., ConAgra Argentina S.A., Coope-Riel Ltda., Cooperativa 
DeAgua Potable y Otros, Establecimiento Don Angel S.r.L, Food Way, 
S.A., Francisco Facundo Rodriguez, Jay Bees, Jose Luis Garcia, Mielar 
S.A., Navicon S.A., Parodi Agropecuaria S.A., Times S.A, and TransHoney 
S.A. Because petitioners were the only party to request the 
administrative review of these companies, we have accepted the 
withdrawal requests and we are rescinding this administrative review of 
the antidumping duty order on honey from Argentina covering the period 
December 1, 2003, through November 30, 2004 for the aforementioned 
companies.
    With respect to Nexco, because both petitioners and the respondent 
requested the administrative review of Nexco, and because both parties 
submitted withdrawal requests, we are rescinding this administrative 
review with respect to Nexco. With respect to El Mana S.A., because the 
respondent requested the administrative review of El Mana S.A., and 
because El Mana S.A. submitted a timely withdrawal request, we are also 
rescinding this administrative review with respect to El Mana S.A.
    The Department will issue appropriate assessment instructions 
directly to the CBP within 15 days of 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, 2003 to November 30, 2004.

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)(2)(C) 
and 777(i)(1) of the Tariff Act of 1930, as amended.

    Dated: April 8, 2005.
Barbara E. Tillman,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. E5-1789 Filed 4-14-05; 8:45 am]
BILLING CODE 3510-DS-S
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