Notice of Extension of Time Limit for Preliminary Results of Antidumping Duty Review: Honey from Argentina, 38102-38103 [E5-3470]

Download as PDF 38102 Federal Register / Vol. 70, No. 126 / Friday, July 1, 2005 / Notices regulations regarding format, translation, service, and certification of documents. These rules can be found at 19 CFR 351.303. Because deadlines in a sunset review can be very short, we urge interested parties to apply for access to proprietary information under administrative protective order (‘‘APO’’) immediately following publication in the Federal Register of the notice of initiation of the sunset review. The Department’s regulations on submission of proprietary information and eligibility to receive access to business proprietary information under APO can be found at 19 CFR 351.304–306. Information Required from Interested Parties Domestic interested parties (defined in section 771(9)(C), (D), (E), (F), and (G) of the Act and 19 CFR 351.102(b)) wishing to participate in these sunset reviews must respond not later than 15 days after the date of publication in the Federal Register of the notice of initiation by filing a notice of intent to participate. The required contents of the notice of intent to participate are set forth at 19 CFR 351.218(d)(1)(ii). In accordance with the Department’s regulations, if we do not receive a notice of intent to participate from at least one domestic interested party by the 15-day deadline, the Department will automatically revoke the orders without further review. See 19 CFR 351.218(d)(1)(iii). If we receive an order–specific notice of intent to participate from a domestic interested party, the Department’s regulations provide that all parties wishing to participate in the sunset review must file complete substantive responses not later than 30 days after the date of publication in the Federal Register of the notice of initiation. The required contents of a substantive response, on an order–specific basis, are set forth at 19 CFR 351.218(d)(3). Note that certain information requirements differ for respondent and domestic parties. Also, note that the Department’s information requirements are distinct from the Commission’s information requirements. Please consult the Department’s regulations for information regarding the Department’s conduct of sunset reviews.1 Please 1 In comments made on the interim final sunset regulations, a number of parties stated that the proposed five-day period for rebuttals to substantive responses to a notice of initiation was insufficient. This requirement was retained in the final sunset regulations at 19 CFR 351.218(d)(4). As provided in 19 CFR 351.302(b), however, the Department will consider individual requests for extension of that five-day deadline based upon a showing of good cause. VerDate jul<14>2003 18:11 Jun 30, 2005 Jkt 205001 consult the Department’s regulations at 19 CFR Part 351 for definitions of terms and for other general information concerning antidumping and countervailing duty proceedings at the Department. This notice of initiation is being published in accordance with section 751(c) of the Act and 19 CFR 351.218(c). Dated: June 22, 2005. Holly A. Kuga, Senior Office Director AD/CVD Operations, Office 4 for Import Administration. [FR Doc. E5–3475 Filed 6–30–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration A–357–812 Notice of Extension of Time Limit for Preliminary Results of Antidumping Duty Review: Honey from Argentina Import Administration, International Trade Administration, Department of Commerce. AGENCY: EFFECTIVE DATE: July 1, 2005. FOR FURTHER INFORMATION CONTACT: Brian Sheba 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) 482–0145 and (202) 482–0469, respectively. SUPPLEMENTARY INFORMATION: Background 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 in response to the Department of Commerce’s (the Department) notice of opportunity to request a review published in the Federal Register. See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation: Opportunity to Request Administrative Review, 69 FR 69889 (December 1, 2003). The petitioners requested that the Department conduct an administrative review of entries of subject merchandise made by twenty–four Argentine producers/exporters. In addition, the Department received requests for reviews from three of the Argentine exporters included in the petitioners’ request, plus a request for review by one additional exporter, El Mana S.A. (El PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 Mana). The Department initiated a review on the above twenty–five companies on January 31, 2005. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 70 FR 4818 (January 31, 2005). Subsequent to the Department’s initiation of review, on February 22, 2005, the petitioners filed a withdrawal of request for review for fifteen of the companies. 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 S.A. (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. Also on February 24, 2005, petitioner rescinded its withdrawal with respect to Mielar S.A. (Mielar). See id. On March 9, 2005, El Mana submitted a letter withdrawing its request for administrative review. See letter from El Mana to the Department, Honey From Argentina, (March 9, 2005), on file in the CRU. On March 31, 2005, petitioners submitted a withdrawal of request for review of two additional 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 CRU. On April 15, 2005, the Department rescinded its review for the companies named in petitioners’ and respondents’ withdrawals of request for review. See Honey from Argentina: Notice of Partial Rescission of Antidumping Duty Administrative Review, 70 FR 19927 (April 15, 2005). Notice of Extension Pursuant to the time limits for administrative reviews set forth in section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), the current deadlines are September 1, 2005, for the preliminary results and December 30, 2005, for the final results of this administrative review. The Department, however, may extend the deadline for completion of the preliminary results of a review if it determines it is not practicable to complete the preliminary results within the statutory time limit. See 751(a)(3)(A) of the Act and section 351.213(h)(2) of the Department’s regulations. In this case the Department has determined it is not practicable to complete this review within the statutory time limit because of complex issues involved in this review, E:\FR\FM\01JYN1.SGM 01JYN1 Federal Register / Vol. 70, No. 126 / Friday, July 1, 2005 / Notices including the requested partial revocation of the dumping order with ´ respect to Asociacion de Cooperativas Argentinas. Therefore, the Department is extending the time limit for completion of the preliminary results until December 20, 2005, in accordance with section 751(a)(3)(A) of the Act. The deadline for the final results of this review will continue to be 120 days after publication of the preliminary results. Dated: June 27, 2005. Barbara E. Tillman, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. E5–3470 Filed 6–30–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–583–816] Certain Stainless Steel Butt–Weld Pipe Fittings from Taiwan: Notice of Court Decision and Suspension of Liquidation Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On June 14, 2005, in Alloy Piping Products, Inc., Flowline Division, et al. v. United States, Slip Op. 05–69, (‘‘Alloy Piping II’’), the Court of International Trade (‘‘CIT’’) affirmed the Department of Commerce’s (the ‘‘Department’’) Final Results of Determination Pursuant to Remand (‘‘Remand Results’’), dated February 14, 2005. Consistent with the decision of the U.S. Court of Appeals for the Federal Circuit (‘‘CAFC’’) in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (‘‘Timken’’), the Department will continue to order the suspension of liquidation of the subject merchandise, where appropriate, until there is a ‘‘conclusive’’ decision in this case. If the case is not appealed, or if it is affirmed on appeal, the Department will instruct U.S. Customs and Border Protection (‘‘Customs’’) to liquidate all relevant entries from Ta Chen Stainless Steel Pipe, Ltd. (‘‘Ta Chen’’) and revise the cash deposit rates as appropriate. EFFECTIVE DATE: July 1, 2005. FOR FURTHER INFORMATION CONTACT: Alex Villanueva, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue, NW, Washington, DC 20230, telephone 202–482–3208, fax 202–482– 9089. AGENCY: VerDate jul<14>2003 18:11 Jun 30, 2005 Jkt 205001 SUPPLEMENTARY INFORMATION: Background Following publication of the Final Results, Alloy Piping Products, Inc., Flowline Division, Markovitz Enterprises, Inc., Gerlin Inc., and Taylor Forge Stainless Inc., (the ‘‘Petitioners’’) and Ta Chen, filed a lawsuit with the CIT challenging the Department’s findings in Certain Stainless Steel Butt– Weld Pipe Fittings From Taiwan and Accompanying Issues and Decisions Memorandum; Final Results of 1999– 2000 Administrative Review, 66 FR 65899, 65900 (December 21, 2001) (‘‘Final Results’’). In Alloy Piping v. United States, Slip Op. 04–134, (CIT 2004) (‘‘Alloy Piping I’’), the CIT instructed the Department to (1) reopen the record, seek additional relevant information regarding employee bonuses, and recalculate the general and administrative (‘‘G&A’’) expenses of Ta Chen; and (2) reconsider Ta Chen’s U.S. indirect selling expenses and to account for all of Ta Chen’s U.S. selling expenses incurred during fiscal year 1999. Specifically, regarding employee bonuses, the CIT instructed the Department to consider employee bonuses distributed directly from shareholders’ equity, and paid by the company to its employees and management in its recalculation of the G&A expenses; The Draft Final Results Pursuant to Remand (‘‘Draft Results’’) were released to parties on January 27, 2005. The Department received comments from interested parties on the Draft Results on February 1, 2005. There were no substantive changes made to the Remand Results as a result of comments received on the Draft Results. On February 14, 2005, the Department responded to the CIT’s Order of Remand by filing the Remand Results. In its Remand Results, the Department reopened the record, sought additional relevant information regarding employee bonuses and recalculated the G&A expenses of Ta Chen to include bonuses to both employees and directors/supervisors. The Department also reconsidered Ta Chen’s U.S. indirect selling expenses and determined that there was no need to add financial interest expenses to Ta Chen’s U.S. indirect selling expenses. Thus, the Department did not change Ta Chen’s U.S. indirect selling expenses. As a result of the remand determination, the antidumping duty rate for Ta Chen was decreased from 6.11 to 6.10 percent. The CIT did not receive comments from either the Petitioners or Ta Chen. PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 38103 On June 14, 2005, the CIT affirmed the Department’s findings in the Remand Results. Specifically, the CIT upheld the Department reopening the record, seeking additional relevant information regarding employee bonuses, and recalculating the G&A expenses of Ta Chen and reconsidering Ta Chen’s U.S. indirect selling expenses. See Alloy Piping II. The only revisions made to the Final Results were revisions to the calculation of Ta Chen’s G&A expenses, as noted above. This revision resulted in a change in Ta Chen’s margin. Suspension of Liquidation The CAFC, in Timken, held that the Department must publish notice of a decision of the CIT or the CAFC which is not ‘‘in harmony’’ with the Department’s final determination or results. Publication of this notice fulfills that obligation. The CAFC also held that the Department must suspend liquidation of the subject merchandise until there is a ‘‘conclusive’’ decision in the case. Therefore, pursuant to Timken, the Department must continue to suspend liquidation pending the expiration of the period to appeal the CIT’s June 14, 2005, decision, or, if that decision is appealed, pending a final decision by the CAFC. The Department will instruct Customs to revise cash deposit rates, as appropriate, and to liquidate relevant entries covering the subject merchandise effective (insert date of FR publication), in the event that the CIT’s ruling is not appealed, or if appealed and upheld by the CAFC. Dated: June 24, 2005. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. [FR Doc. E5–3473 Filed 6–30–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration Renewable Energy Trade Mission International Trade Administration, Department of Commerce. ACTION: Notice to Renewable Energy Trade Mission to Brazil, October 17–19, 2005. AGENCY: SUMMARY: The United States Department of Commerce, International Trade Administration, U.S. Commercial Service is organizing a Renewable Energy Trade Mission to Brazil, October 17–19, 2005, to help U.S. firms find business partners and sell renewable E:\FR\FM\01JYN1.SGM 01JYN1

Agencies

[Federal Register Volume 70, Number 126 (Friday, July 1, 2005)]
[Notices]
[Pages 38102-38103]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-3470]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

A-357-812


Notice of Extension of Time Limit for Preliminary Results of 
Antidumping Duty Review: Honey from Argentina

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


EFFECTIVE DATE: July 1, 2005.


FOR FURTHER INFORMATION CONTACT: Brian Sheba 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-
0145 and (202) 482-0469, respectively.

SUPPLEMENTARY INFORMATION:

Background

    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 in response to the Department of Commerce's (the Department) 
notice of opportunity to request a review published in the Federal 
Register. See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation: Opportunity to Request Administrative Review, 
69 FR 69889 (December 1, 2003). The petitioners requested that the 
Department conduct an administrative review of entries of subject 
merchandise made by twenty-four Argentine producers/exporters. In 
addition, the Department received requests for reviews from three of 
the Argentine exporters included in the petitioners' request, plus a 
request for review by one additional exporter, El Mana S.A. (El Mana). 
The Department initiated a review on the above twenty-five companies on 
January 31, 2005. See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 70 FR 4818 
(January 31, 2005).
    Subsequent to the Department's initiation of review, on February 
22, 2005, the petitioners filed a withdrawal of request for review for 
fifteen of the companies. 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 S.A. (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. Also on February 24, 2005, petitioner rescinded its withdrawal 
with respect to Mielar S.A. (Mielar). See id. On March 9, 2005, El Mana 
submitted a letter withdrawing its request for administrative review. 
See letter from El Mana to the Department, Honey From Argentina, (March 
9, 2005), on file in the CRU. On March 31, 2005, petitioners submitted 
a withdrawal of request for review of two additional 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 CRU. On April 15, 2005, the 
Department rescinded its review for the companies named in petitioners' 
and respondents' withdrawals of request for review. See Honey from 
Argentina: Notice of Partial Rescission of Antidumping Duty 
Administrative Review, 70 FR 19927 (April 15, 2005).

Notice of Extension

    Pursuant to the time limits for administrative reviews set forth in 
section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), 
the current deadlines are September 1, 2005, for the preliminary 
results and December 30, 2005, for the final results of this 
administrative review. The Department, however, may extend the deadline 
for completion of the preliminary results of a review if it determines 
it is not practicable to complete the preliminary results within the 
statutory time limit. See 751(a)(3)(A) of the Act and section 
351.213(h)(2) of the Department's regulations. In this case the 
Department has determined it is not practicable to complete this review 
within the statutory time limit because of complex issues involved in 
this review,

[[Page 38103]]

including the requested partial revocation of the dumping order with 
respect to Asociaci[oacute]n de Cooperativas Argentinas.
    Therefore, the Department is extending the time limit for 
completion of the preliminary results until December 20, 2005, in 
accordance with section 751(a)(3)(A) of the Act. The deadline for the 
final results of this review will continue to be 120 days after 
publication of the preliminary results.

    Dated: June 27, 2005.
Barbara E. Tillman,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. E5-3470 Filed 6-30-05; 8:45 am]
BILLING CODE 3510-DS-S