Honey from Argentina: Final Results, Partial Rescission of Antidumping Duty Administrative Review and Determination Not to Revoke in Part, 26333-26334 [E6-6758]
Download as PDF
<![CDATA[
Federal Register / Vol. 71, No. 86 / Thursday, May 4, 2006 / Notices
4. Double Counting of Selling Expenses,
Profits, Land Cost, Packing or
Processing Costs
5. By–products
6. Valuation of Foreign Brokerage and
Handling
7. Valuation of Ocean Freight
8. Valuation of Cartons
9. Valuation of Jars
10. Financial Ratios
11. Sunny’s Observed Labor Hours at
on–site Verification
12. FHTK’s Observed Labor Hours at
on–site Verification
13. Trans–High’s Observed Labor Hours
at on–site Verification
14. Yield Loss Ratio for Shanyang
15. Yield–Loss Ratio to Processing
Inputs for FHTK
16. Water and Electricity - FHTK
17. Clerical Error - Valuation of Cartons
for Shanyang
18. Clerical Error - Shanyang’s Plastic
Jars and Lids
19. Exchange Rate Application - FHTK
20. Clerical Error - Linshu Dading Select
Gross Unit Prices
21. Clerical Error - Bulb Freight for
Sunny and Qingyuan
22. Clerical Error Calculation of
Electricity for Qingyuan
23. Clerical Error - Normal Value
Calculation for Dong Yun
24. Clerical Error - FOPs for Direct and
Indirect Labor - FHTK
[FR Doc. E6–6759 Filed 5–3–06; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–357–812]
Honey from Argentina: Final Results,
Partial Rescission of Antidumping
Duty Administrative Review and
Determination Not to Revoke in Part
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On December 28, 2005, the
Department of Commerce (the
Department) published its Preliminary
Results and Partial Rescission of
Antidumping Duty Administrative
Review and Intent Not to Revoke in Part,
70 FR 76766 (December 28, 2005)
(Preliminary Results). This
administrative review covers two
exporters, Seylinco S.A. (Seylinco) and
Asociacion de Cooperativas Argentinas
(ACA), of subject merchandise to the
United States during the period of
review (POR) of December 1, 2003, to
November 30, 2004. The petitioners
involved this review are the Sioux
Honey Association and the American
mstockstill on PROD1PC68 with NOTICES
AGENCY:
VerDate Aug<31>2005
15:45 May 03, 2006
Jkt 208001
Honey Producers Association
(Petitioners). We are rescinding the
review with respect to Nutrin S.A.
(Nutrin), Radix S.A. (Radix), Compania
Europea Americana S.A. (CEASA) and
HoneyMax S.A. (HoneyMax) because
these companies had no entries of
subject merchandise to the United
States during the period of review. We
have also determined not to revoke the
antidumping duty order with respect to
ACA. Based on our analysis of
comments received, the margin
calculations for these final results do
not differ from the preliminary results.
EFFECTIVE DATE: May 4, 2006.
FOR FURTHER INFORMATION CONTACT:
Angela Strom for ACA, Brian Sheba for
Seylinco or Robert James, 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, or (202) 482–0649,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 28, 2005, the
Department published its Preliminary
Results of this antidumping duty
administrative review of honey from
Argentina. In response to the
Department’s invitation to comment on
the preliminary results, ACA submitted
its case brief on January 30, 2006, and
petitioners submitted its rebuttal brief
on February 7, 2006. In addition, two ex
parte meetings were held with respect
to this review. See Memorandum to the
file, dated February 27, 2006, on file in
the Central Records Unit (CRU) in room
B–099 of the main Commerce building.
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.
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
26333
Partial Rescission of Review
As noted in the Preliminary Results,
Nutrin, Radix, CEASA and HoneyMax
had no shipments of subject
merchandise to the United States during
the POR. We have confirmed this with
data from Customs and Border
Protection (CBP). Therefore, in
accordance with 19 CFR 351.213(d)(3)
and consistent with the Department’s
practice, we are rescinding our review
with respect to these companies. See,
e.g., Certain Steel Concrete Reinforcing
Bars from Turkey; Final Results,
Rescission of Antidumping
Administrative Review in Part, and
Determination Not to Revoke in Part, 69
FR 64731, 64732 (November 8, 2004).
Determination Not to Revoke in Part
For these final results, the Department
has relied upon ACA’s sales activity
during the 2001–2002, 2002–2003, and
2003–2004 PORs in making its decision
with respect to ACA’s revocation
request. Although ACA had two
consecutive years of sales at not less
than normal value (NV), ACA has not
received a zero or de minimis margin in
the instant review. Thus, ACA is not
eligible for consideration for revocation
under section 351.222(b) of the
Department’s regulations. Furthermore,
pursuant to section 351.222(d)(1), we
find that ACA did not ship in
commercial quantities in each of the
three years forming the basis of the
request for revocation. Accordingly, we
have determined not to revoke the
antidumping duty order with respect to
ACA.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this
administrative review are addressed in
the ‘‘Issues and Decision Memorandum’’
(Decision Memorandum) from Stephen
J. Claeys, Deputy Assistant Secretary for
Import Administration, to David M.
Spooner, Assistant Secretary for Import
Administration. A list of issues
addressed in the Decision Memorandum
is appended to this notice. The Decision
Memorandum is on file in the CRU and
can be accessed directly on the Web at
https://www.ita.doc.gov/.
Changes Since the Preliminary Results
Based on our analysis of comments
received, we have made no changes in
the margin calculation.
Final Results of Review
We determine that the following
dumping margins exist for the period
December 1, 2003, through November
30, 2004.
E:\FR\FM\04MYN1.SGM
04MYN1
26334
Federal Register / Vol. 71, No. 86 / Thursday, May 4, 2006 / Notices
Manufacturer / Exporter
Weighted Average Margin
(percentage)
Asociacion de Cooperativas
Argentinas .........................
Seylinco S.A. ........................
2.95
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 for the merchandise
based on the ratio of the total amount of
antidumping duties calculated for the
examined sales made during the POR to
the total customs value of the sales used
to calculate those duties. The
Department will issue appropriate ad
valorem 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.
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 period
of review produced by companies
included in these final results of review
for which the reviewed companies did
not know their merchandise was
destined for the United States. In such
instances, we will instruct CBP to
liquidate unreviewed 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 Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
mstockstill on PROD1PC68 with NOTICES
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) the cash deposit for all companies
reviewed will be the rates established in
the final results of review;
(2) for any previously reviewed or
investigated company not listed above,
the cash deposit rate will continue to be
the company–specific rate published in
the most recent period;
VerDate Aug<31>2005
15:45 May 03, 2006
Jkt 208001
(3) if the exporter is not a firm covered
in this review or in any previous
segment of this proceeding, 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
be the ‘‘all others’’ rate from the LTFV
investigation (30.24 percent). 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 publication of the
final results of the next administrative
review.
Notification to Interested Parties
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 27, 2006.
David M. Spooner,
Assistant Secretary for Import
Administration.
Appendix: Issues and Decision
Memorandum
1. Warranty Expense Methodology
2. Testing Expenses
[FR Doc. E6–6758 Filed 5–3–06; 8:45 am]
BILLING CODE 3510–DS–S
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–806, A–351–806]
Silicon Metal from the People’s
Republic of China and Brazil: Final
Results of the Expedited Reviews of
the Antidumping Duty Orders
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On January 3, 2006, the
Department of Commerce (‘‘the
Department’’) initiated sunset reviews of
the antidumping duty orders on Silicon
Metal from the People’s Republic of
China (‘‘PRC’’) and Brazil, pursuant to
section 751(c) of the Tariff Act of 1930,
as amended, (‘‘the Act’’). See Initiation
of Five-year (‘‘Sunset’’) Reviews, 71 FR
91 (January 3, 2006) (‘‘Initiation
Notice’’). On the basis of the notice of
intent to participate and adequate
substantive responses filed on behalf of
the domestic interested parties, and no
responses from respondent interested
parties, the Department conducted
expedited sunset reviews. As a result of
these sunset reviews, the Department
finds that revocation of the antidumping
duty orders would likely lead to
continuation or recurrence of dumping
at the levels listed below in the section
entitled ‘‘Final Results of Reviews.’’
EFFECTIVE DATE: May 4, 2006.
FOR FURTHER INFORMATION CONTACT:
James Nunno, AD/CVD Operations,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue, NW., Washington,
DC, 20230; telephone: (202) 482–0783.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
The Department published an
antidumping duty order on silicon
metal from the PRC on June 10, 1991,
and from Brazil on July 31, 1991. See
Antidumping Duty Order: Silicon Metal
from the People’s Republic of China, 56
FR 26649; see also Antidumping Duty
Order: Silicon Metal from Brazil, 56 FR
36135. On January 3, 2006, the
Department initiated sunset reviews of
the antidumping duty orders on Silicon
Metal from the PRC and Brazil pursuant
to section 751(c) of the Act. See
Initiation Notice. The Department
received a notice of intent to participate
from a domestic interested party, Globe
Metallurgical Inc. (‘‘Globe’’), within the
deadline specified in section
351.218(d)(1)(i) of the Department’s
regulations. Globe claimed interested
party status pursuant to section
E:\FR\FM\04MYN1.SGM
04MYN1
]]>Agencies
[Federal Register Volume 71, Number 86 (Thursday, May 4, 2006)]
[Notices]
[Pages 26333-26334]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-6758]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-357-812]
Honey from Argentina: Final Results, Partial Rescission of
Antidumping Duty Administrative Review and Determination Not to Revoke
in Part
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On December 28, 2005, the Department of Commerce (the
Department) published its Preliminary Results and Partial Rescission of
Antidumping Duty Administrative Review and Intent Not to Revoke in
Part, 70 FR 76766 (December 28, 2005) (Preliminary Results). This
administrative review covers two exporters, Seylinco S.A. (Seylinco)
and Asociacion de Cooperativas Argentinas (ACA), of subject merchandise
to the United States during the period of review (POR) of December 1,
2003, to November 30, 2004. The petitioners involved this review are
the Sioux Honey Association and the American Honey Producers
Association (Petitioners). We are rescinding the review with respect to
Nutrin S.A. (Nutrin), Radix S.A. (Radix), Compania Europea Americana
S.A. (CEASA) and HoneyMax S.A. (HoneyMax) because these companies had
no entries of subject merchandise to the United States during the
period of review. We have also determined not to revoke the antidumping
duty order with respect to ACA. Based on our analysis of comments
received, the margin calculations for these final results do not differ
from the preliminary results.
EFFECTIVE DATE: May 4, 2006.
FOR FURTHER INFORMATION CONTACT: Angela Strom for ACA, Brian Sheba for
Seylinco or Robert James, 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, or (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 28, 2005, the Department published its Preliminary
Results of this antidumping duty administrative review of honey from
Argentina. In response to the Department's invitation to comment on the
preliminary results, ACA submitted its case brief on January 30, 2006,
and petitioners submitted its rebuttal brief on February 7, 2006. In
addition, two ex parte meetings were held with respect to this review.
See Memorandum to the file, dated February 27, 2006, on file in the
Central Records Unit (CRU) in room B-099 of the main Commerce building.
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.
Partial Rescission of Review
As noted in the Preliminary Results, Nutrin, Radix, CEASA and
HoneyMax had no shipments of subject merchandise to the United States
during the POR. We have confirmed this with data from Customs and
Border Protection (CBP). Therefore, in accordance with 19 CFR
351.213(d)(3) and consistent with the Department's practice, we are
rescinding our review with respect to these companies. See, e.g.,
Certain Steel Concrete Reinforcing Bars from Turkey; Final Results,
Rescission of Antidumping Administrative Review in Part, and
Determination Not to Revoke in Part, 69 FR 64731, 64732 (November 8,
2004).
Determination Not to Revoke in Part
For these final results, the Department has relied upon ACA's sales
activity during the 2001-2002, 2002-2003, and 2003-2004 PORs in making
its decision with respect to ACA's revocation request. Although ACA had
two consecutive years of sales at not less than normal value (NV), ACA
has not received a zero or de minimis margin in the instant review.
Thus, ACA is not eligible for consideration for revocation under
section 351.222(b) of the Department's regulations. Furthermore,
pursuant to section 351.222(d)(1), we find that ACA did not ship in
commercial quantities in each of the three years forming the basis of
the request for revocation. Accordingly, we have determined not to
revoke the antidumping duty order with respect to ACA.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this administrative review are addressed in the ``Issues and Decision
Memorandum'' (Decision Memorandum) from Stephen J. Claeys, Deputy
Assistant Secretary for Import Administration, to David M. Spooner,
Assistant Secretary for Import Administration. A list of issues
addressed in the Decision Memorandum is appended to this notice. The
Decision Memorandum is on file in the CRU and can be accessed directly
on the Web at https://www.ita.doc.gov/.
Changes Since the Preliminary Results
Based on our analysis of comments received, we have made no changes
in the margin calculation.
Final Results of Review
We determine that the following dumping margins exist for the
period December 1, 2003, through November 30, 2004.
[[Page 26334]]
------------------------------------------------------------------------
Weighted
Manufacturer / Exporter Average Margin
(percentage)
------------------------------------------------------------------------
Asociacion de Cooperativas Argentinas................... 2.95
Seylinco 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 for the merchandise based on the ratio of the total amount of
antidumping duties calculated for the examined sales made during the
POR to the total customs value of the sales used to calculate those
duties. The Department will issue appropriate ad valorem 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.
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 period of review produced by companies
included in these final results of review for which the reviewed
companies did not know their merchandise was destined for the United
States. In such instances, we will instruct CBP to liquidate unreviewed
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 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, as
provided for by section 751(a)(1) of the Tariff Act of 1930, as amended
(the Tariff Act):
(1) the cash deposit for all companies reviewed will be the rates
established in the final results of review;
(2) for any previously reviewed or investigated company not listed
above, the cash deposit rate will continue to be the company-specific
rate published in the most recent period;
(3) if the exporter is not a firm covered in this review or in any
previous segment of this proceeding, 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 be the ``all others'' rate from the LTFV
investigation (30.24 percent). 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 publication of
the final results of the next administrative review.
Notification to Interested Parties
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 27, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
Appendix: Issues and Decision Memorandum
1. Warranty Expense Methodology
2. Testing Expenses
[FR Doc. E6-6758 Filed 5-3-06; 8:45 am]
BILLING CODE 3510-DS-S
