Honey from Argentina: Rescission of Antidumping Duty New Shipper Review, 72294-72295 [05-23561]

Download as PDF 72294 Federal Register / Vol. 70, No. 231 / Friday, December 2, 2005 / Notices disclosed under APO in accordance with 19 CFR 351.305(a)(3). 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 published in accordance with section 751(a) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). Dated: November 28, 2005. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. 05–23563 Filed 12–1–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration A–552–801 Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Extension of Time Limit for Final Results of the First Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: December 2, 2005. FOR FURTHER INFORMATION CONTACT: Irene Gorelik or Javier Barrientos, AD/ CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482–6905 and (202) 482–2243, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On September 13, 2005, the Department of Commerce (‘‘the Department’’) published its notice of preliminary results for certain frozen fish fillets from the Socialist Republic of Vietnam. See Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Preliminary Results and Preliminary Partial Rescission of Antidumping Duty Administrative Review, 70 FR 54007 (September 13, 2005). From October 10, 2005, through October 14, 2005, the Department conducted a verification of questionnaire responses, sales, and cost data of Vinh Hoan Co., Ltd. (‘‘Vinh Hoan’’) and Can Tho Agricultural and Animal Products Import Export Company (‘‘CATACO’’). The verification report for CATACO was issued on November 1, 2005. The verification report for Vinh Hoan was issued on VerDate Aug<31>2005 15:11 Dec 01, 2005 Jkt 205001 November 14, 2005. The final results are currently due on January 11, 2006. Extension of Time Limit for Final Results Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as amended (‘‘the Act’’), the Department shall issue final results in an administrative review of an antidumping duty order 120 days after the date on which the preliminary results are published. The Act further provides, however, that the Department may extend that 120-day period to 180 days if it determines it is not practicable to complete the review within the foregoing time period. The Department finds that it is not practicable to complete the final results in the administrative review of certain frozen fish fillets from Vietnam within this time limit. Specifically, the Department needs additional time to consider the verification results and the resulting changes to the margin calculations. Additionally, the Department is extending the deadline for the final results to accommodate parties’ public hearing request so parties may address all issues. Accordingly, the Department finds that additional time is required to complete these final results. Section 751(a)(3)(A) of the Act and section 351.213(h)(2) of the Department’s regulations allow the Department to extend the deadline for the final results to a maximum of 180 days from the publication date of the preliminary results. For the reasons noted above, we are extending the time for the completion of the final results of this review by 60 days, until no later than March 13, 2006. This notice is published in accordance with section 751(a)(3)(A) of the Act and section 351.213(h)(2) of the Department’s regulations. Dated: November 29, 2005. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. 05–23564 Filed 12–1–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration (A–357–812) Honey from Argentina: Rescission of Antidumping Duty New Shipper Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On February 4, 2005, the Department of Commerce (the AGENCY: PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 Department) published the initiation of a new shipper review of the antidumping duty order on honey from Argentina covering the period December 1, 2003, to December 31, 2004. See Honey From Argentina: Initiation of New Shipper Antidumping Duty Administrative Review, (New Shipper Initiation), 70 FR 5965 (February 4, 2005). This review covers one exporter, El Mana S.A. (El Mana) of Argentina. For the reasons discussed below and in an our accompanying Rescission Memorandum, we are rescinding this new shipper review in its entirety. EFFECTIVE DATE: December 2, 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, Washington, DC 20230; telephone: (202) 482- 0408 and (202) 482–0469, 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 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 subject to this order is dispositive. Background On December 30, 2004, the Department received a letter from El Mana, an exporter, requesting that the Department conduct a new shipper review of the antidumping duty order on honey from Argentina. On January 31, 2005, the Department initiated this antidumping new shipper review covering the period December 1, 2003, to December 31, 2004. See Honey From Argentina: Initiation of New Shipper Antidumping Duty Administrative Review, 70 FR 5965 (February 4, 2005). On February 8, 2005, the Department issued sections A–C of the Department’s antidumping questionnaire to El Mana. E:\FR\FM\02DEN1.SGM 02DEN1 Federal Register / Vol. 70, No. 231 / Friday, December 2, 2005 / Notices El Mana responded to the Department’s questionnaires on March 3 and March 4, 2005 (section A), and March 21, 2005 (sections B and C) (QR). On February 8, 2005, the Department issued a questionnaire to the importer of record for the U.S. sale at issue. The importer responded on March 21, 2005. On April 26, 2005, the Department issued its first supplemental questionnaire to El Mana. El Mana responded on May 19, 2005. The Department issued a second supplemental questionnaire to El Mana on May 24, 2005, to which El Mana responded on May 31, 2005. The Department then requested additional information on June 20, 2005, to which El Mana filed its response on July 5, 2005. Petitioners submitted comments to the supplemental questionnaire responses (SQR) on July 8, 2005. On July 25, 2005, the Department issued a final supplemental questionnaire, to which El Mana responded on August 12, 2005. On June 23, 2005, the Department published a notice of extension of the time limit for the completion of the preliminary results until November 28, 2005. See 70 FR 36374. On September 26, the Department issued a memorandum ‘‘New Shipper Review of the Antidumping Duty Order on Honey from Argentina: Intent to Rescind the Review with Respect to El Mana. ‘‘ On October 6, 2005, both petitioners (the American Honey Producers Association and the Sioux Honey Association) and the respondent El Mana provided comments to our stated intent to rescind. On October 11, 2005, both petitioners and respondent issued rebuttal comments. On October 14, 2005, petitioners provided additional comments concerning new information in respondent’s rebuttal comments. On November 10, 2005, the Department rejected El Mana’s rebuttal comments dated October 11, 2005, and asked El Mana to resubmit the rebuttal comments without reference to the new information included in the October 11, 2005, submission. At the same time, the Department rejected petitioners additional comments, dated October 14, 2005, as they included references to the new information referenced by El Mana in its October 11, 2005, submission. El Mana refiled its rebuttal comments on November 15, 2005, and these were also rejected for the same reasons. Subsequently, El Mana refiled the comments on November 16, 2005. Analysis of New Shipper Review On September 26, 2005, the Department issued a memorandum detailing our intent to rescind this VerDate Aug<31>2005 15:11 Dec 01, 2005 Jkt 205001 review because we preliminarily determined the cooperative that supplied El Mana with the subject merchandise knew, or should have known, that the final destination of the subject merchandise was the United States. See Memorandum to Barbara E. Tillman, entitled ‘‘New Shipper Review of the Antidumping Duty Order on Honey from Argentina: Intent to Rescind the Review with Respect to El Mana,’’ dated August September 26, 2005 (Intent to Rescind Memorandum). The Department preliminarily determined the cooperative had in its possession at the time of sale of the subject merchandise to El Mana, labels indicating the final destination of the subject merchandise as the United States. The totality of the facts on the record led the Department to conclude that the cooperative had or should have had knowledge that the merchandise was destined for the United States. The Department stated that because there was no request for a review of the cooperative’s sale to El Mana and because El Mana made no other sales during the POR, the Department intended to rescind the current new shipper review of El Mana. Rescission of New Shipper Review For the reasons stated in the accompanying Rescission Memorandum and as outlined above, and pursuant to section 751(a)(2)(B) and 19 CFR 351.214(f), we are rescinding this new shipper review. Parties can find a complete discussion of the issues raised in this new shipper review and the corresponding recommendations in this memorandum, which is on file in the Central Records Unit, room B–099 of the main Commerce Building. Since the Department is rescinding the new shipper review, we are not calculating a company–specific rate for El Mana. Notification The Department will notify U.S. Customs and Border Protection (CBP) that bonding is no longer permitted to fulfill security requirements for shipments of Argentine honey by El Mana entered, or withdrawn from warehouse, for consumption in the United States on or after the publication of this rescission notice in the Federal Register, and that a cash deposit of 30.24 percent ad valorem should be collected for any entries exported by El Mana. We are issuing and publishing this determination and notice in accordance with sections 751(a)(2)(B) and 777(i) of the Act. PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 72295 Dated: November 28, 2005. Stephen J. Claeys, Acting Assistant Secretary for Import Administration. Appendix – Rescission Memorandum 1. Cooperative’s knowledge of the destination of the merchandise at the time of sale. 2. Date of sale of subject merchandise by El Mana to the U.S. customer. 3. El Mana as a trading company or reseller 4. Other Issues raised by petitioner [FR Doc. 05–23561 Filed 12–1–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration A–570–875 Extension of Time Limit for the Preliminary Results of the Antidumping Duty Administrative Review: Non–Malleable Cast Iron Pipe Fittings from the People’s Republic of China Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: December 2, 2005. FOR FURTHER INFORMATION CONTACT: Michael Holton or Will Dickerson, AD/ CVD Operations, Office 8, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–1324, or 482–1778, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On April 1, 2005, the Department published in the Federal Register a notice for an opportunity to request an administrative review of non–malleable cast iron pipe fittings from the People’s Republic of China (‘‘PRC’’). See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 70 FR 16799 (April 1, 2005). As a result of a request for a review filed by Myland Industrial Co., Ltd. and Buxin Myland (Foundry) Ltd. (collectively ‘‘Myland’’) on April 25, 2005, the Department published in the Federal Register a notice of the initiation of the antidumping duty administrative review of non–malleable cast iron pipe fittings from the PRC for the period April 1, 2004, through March 31, 2005. See Initiation of Antidumping E:\FR\FM\02DEN1.SGM 02DEN1

Agencies

[Federal Register Volume 70, Number 231 (Friday, December 2, 2005)]
[Notices]
[Pages 72294-72295]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-23561]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-357-812)


Honey from Argentina: Rescission of Antidumping Duty New Shipper 
Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On February 4, 2005, the Department of Commerce (the 
Department) published the initiation of a new shipper review of the 
antidumping duty order on honey from Argentina covering the period 
December 1, 2003, to December 31, 2004. See Honey From Argentina: 
Initiation of New Shipper Antidumping Duty Administrative Review, (New 
Shipper Initiation), 70 FR 5965 (February 4, 2005). This review covers 
one exporter, El Mana S.A. (El Mana) of Argentina. For the reasons 
discussed below and in an our accompanying Rescission Memorandum, we 
are rescinding this new shipper review in its entirety.

EFFECTIVE DATE: December 2, 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, Washington, DC 20230; telephone: (202) 482- 
0408 and (202) 482-0469, 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 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 
subject to this order is dispositive.

Background

    On December 30, 2004, the Department received a letter from El 
Mana, an exporter, requesting that the Department conduct a new shipper 
review of the antidumping duty order on honey from Argentina. On 
January 31, 2005, the Department initiated this antidumping new shipper 
review covering the period December 1, 2003, to December 31, 2004. See 
Honey From Argentina: Initiation of New Shipper Antidumping Duty 
Administrative Review, 70 FR 5965 (February 4, 2005). On February 8, 
2005, the Department issued sections A-C of the Department's 
antidumping questionnaire to El Mana.

[[Page 72295]]

 El Mana responded to the Department's questionnaires on March 3 and 
March 4, 2005 (section A), and March 21, 2005 (sections B and C) (QR). 
On February 8, 2005, the Department issued a questionnaire to the 
importer of record for the U.S. sale at issue. The importer responded 
on March 21, 2005.
    On April 26, 2005, the Department issued its first supplemental 
questionnaire to El Mana. El Mana responded on May 19, 2005. The 
Department issued a second supplemental questionnaire to El Mana on May 
24, 2005, to which El Mana responded on May 31, 2005. The Department 
then requested additional information on June 20, 2005, to which El 
Mana filed its response on July 5, 2005. Petitioners submitted comments 
to the supplemental questionnaire responses (SQR) on July 8, 2005. On 
July 25, 2005, the Department issued a final supplemental 
questionnaire, to which El Mana responded on August 12, 2005.
    On June 23, 2005, the Department published a notice of extension of 
the time limit for the completion of the preliminary results until 
November 28, 2005. See 70 FR 36374.
    On September 26, the Department issued a memorandum ``New Shipper 
Review of the Antidumping Duty Order on Honey from Argentina: Intent to 
Rescind the Review with Respect to El Mana. `` On October 6, 2005, both 
petitioners (the American Honey Producers Association and the Sioux 
Honey Association) and the respondent El Mana provided comments to our 
stated intent to rescind. On October 11, 2005, both petitioners and 
respondent issued rebuttal comments. On October 14, 2005, petitioners 
provided additional comments concerning new information in respondent's 
rebuttal comments. On November 10, 2005, the Department rejected El 
Mana's rebuttal comments dated October 11, 2005, and asked El Mana to 
resubmit the rebuttal comments without reference to the new information 
included in the October 11, 2005, submission. At the same time, the 
Department rejected petitioners additional comments, dated October 14, 
2005, as they included references to the new information referenced by 
El Mana in its October 11, 2005, submission. El Mana refiled its 
rebuttal comments on November 15, 2005, and these were also rejected 
for the same reasons. Subsequently, El Mana refiled the comments on 
November 16, 2005.

Analysis of New Shipper Review

    On September 26, 2005, the Department issued a memorandum detailing 
our intent to rescind this review because we preliminarily determined 
the cooperative that supplied El Mana with the subject merchandise 
knew, or should have known, that the final destination of the subject 
merchandise was the United States. See Memorandum to Barbara E. 
Tillman, entitled ``New Shipper Review of the Antidumping Duty Order on 
Honey from Argentina: Intent to Rescind the Review with Respect to El 
Mana,'' dated August September 26, 2005 (Intent to Rescind Memorandum).
    The Department preliminarily determined the cooperative had in its 
possession at the time of sale of the subject merchandise to El Mana, 
labels indicating the final destination of the subject merchandise as 
the United States. The totality of the facts on the record led the 
Department to conclude that the cooperative had or should have had 
knowledge that the merchandise was destined for the United States. The 
Department stated that because there was no request for a review of the 
cooperative's sale to El Mana and because El Mana made no other sales 
during the POR, the Department intended to rescind the current new 
shipper review of El Mana.

Rescission of New Shipper Review

    For the reasons stated in the accompanying Rescission Memorandum 
and as outlined above, and pursuant to section 751(a)(2)(B) and 19 CFR 
351.214(f), we are rescinding this new shipper review. Parties can find 
a complete discussion of the issues raised in this new shipper review 
and the corresponding recommendations in this memorandum, which is on 
file in the Central Records Unit, room B-099 of the main Commerce 
Building. Since the Department is rescinding the new shipper review, we 
are not calculating a company-specific rate for El Mana.

Notification

    The Department will notify U.S. Customs and Border Protection (CBP) 
that bonding is no longer permitted to fulfill security requirements 
for shipments of Argentine honey by El Mana entered, or withdrawn from 
warehouse, for consumption in the United States on or after the 
publication of this rescission notice in the Federal Register, and that 
a cash deposit of 30.24 percent ad valorem should be collected for any 
entries exported by El Mana.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(a)(2)(B) and 777(i) of the Act.

    Dated: November 28, 2005.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.

Appendix - Rescission Memorandum

1. Cooperative's knowledge of the destination of the merchandise at the 
time of sale.
2. Date of sale of subject merchandise by El Mana to the U.S. customer.
3. El Mana as a trading company or reseller
4. Other Issues raised by petitioner
[FR Doc. 05-23561 Filed 12-1-05; 8:45 am]
BILLING CODE 3510-DS-S