Honey from Argentina: Final Results of Antidumping Duty Administrative Review and Determination Not to Revoke In Part, 25245-25246 [E7-8584]
Download as PDF
<![CDATA[
25245
Federal Register / Vol. 72, No. 86 / Friday, May 4, 2007 / Notices
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 preliminary
results of the administrative review of
folding metal tables and chairs from the
PRC within this time limit because of
the need for additional information
prior to mandatory verifications.
Therefore, in accordance with section
751(a)(3)(A) of the Act, the Department
is further extending the time period for
completion of the preliminary results of
this review by 30 days until June 30,
2007. Because June 30, 2007, falls on a
Saturday, the preliminary results will
due on July 2, 2007, the next business
day.
This notice is published in
accordance with sections 751(a)(3)(A)
and 777(i) of the Act.
Dated: April 30, 2007.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E7–8587 Filed 5–3–07; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
A–357–812
cprice-sewell on DSK89S0YB1PROD with NOTICES
Honey from Argentina: Final Results of
Antidumping Duty Administrative
Review and Determination Not to
Revoke In Part
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On December 29, 2006, the
Department of Commerce (the
Department) published its preliminary
results of the administrative review of
the antidumping duty order on honey
from Argentina. See Preliminary Results
of Antidumping Duty Administrative
Review and Intent Not to Revoke in Part,
71 FR 78397 (December 29, 2006)
(Preliminary Results). This
administrative review covers three 1
firms, one of which, Seylinco, S.A.
(Seylinco) was selected as a mandatory
respondent. The period of review (POR)
is December 1, 2004 to November 30,
2005. Based on our analysis of
comments received, the margins for the
final results do not differ from the
1 Mielar
S.A. (Mielar) and Compania Apicola
Argentina S.A. (CAA) were treated as a single entity
in a prior segment of the proceeding. For the
purposes of this review we continue to treat Mielar
and CAA as a single entity (M ielar/CAA).
VerDate Nov<24>2008
14:51 Apr 20, 2010
Jkt 220001
preliminary results. See Preliminary
Results.
EFFECTIVE DATE: May 4, 2007.
FOR FURTHER INFORMATION CONTACT:
Maryanne Burke 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) 482–5604 or
(202) 482–0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 29, 2006, the
Department published its Preliminary
Results of this antidumping duty
administrative review of honey from
Argentina for the period December 1,
2004, to November 30, 2005. In response
to the Department’s invitation to
comment on the preliminary results, the
American Honey Producers Association
and the Sioux Honey Association
(collectively, petitioners) and Seylinco
filed their case briefs on January 29,
2007. Seylinco and petitioners
submitted their rebuttal briefs on
February 5, 2007. In addition, the
Department met separately with
representatives for Seylinco, petitioners
and the Embassy of Argentina to discuss
the Preliminary Results. See Ex Parte
Memoranda to the File, from Maryanne
Burke dated March 6, 2007 and March
19, 2007, on file in 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.
Determination Not to Revoke in Part
As discussed in the Preliminary
Results at 78399, Seylinco requested
that the Department revoke the order in
regard to Seylinco pursuant to 19 CFR
351.222 based on three consecutive zero
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
margins. We preliminarily determined
not to revoke the order with respect to
Seylinco because it did not ship in
commercial quantities during each of
the three years forming the basis of its
request. See id. For these final results,
the Department has relied upon
Seylinco’s sales activity during the
2002–2003, 2003–2004, and 2004–2005
PORs in making its decision with
respect to Seylinco’s revocation request.
Although Seylinco had three
consecutive years of sales at not less
than normal value (NV), Seylinco did
not sell subject merchandise in
commercial quantities in each of these
three years forming the basis of the
request for revocation. Thus, Seylinco is
not eligible for consideration for
revocation pursuant to 19 CFR
351.222(d)(1). Accordingly, we have
determined not to revoke the
antidumping duty order with respect to
Seylinco. See Comment 2 of the Issues
and Decision Memorandum from
Stephen J. Claeys, Deputy Assistant
Secretary for Import Administration, to
David M. Spooner, Assistant Secretary
for Import Administration (Issues and
Decision Memorandum) accompanying
this notice.
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.
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 and findings at verification, we
have made the following change in the
margin calculation:
• We revised the color characteristic
(GRADET/U) in both the U.S. and
third–country market sales listings
to differentiate amongst the various
colors of honey actually shipped, in
accordance with our established
model–matching criteria.
Final Results of Review
We determine that the following
dumping margins exist for the period
December 1, 2004 through November
30, 2005.
Manufacturer / Exporter
Weighted Average
Margin (percentage)
Seylinco ........................
El Mana, S.A. ...............
0.00
0.00
E:\FR\FM\04MYN1.SGM
04MYN1
25246
Federal Register / Vol. 72, No. 86 / Friday, May 4, 2007 / Notices
review conducted by the Department,
the cash deposit rate will continue to be
30.24 percent, which is the ‘‘All Others’’
Mielar/CAA ....................
0.00 rate established in the LTFV
investigation. See Notice of
Antidumping Duty Order; Honey From
Assessment
Argentina, 66 FR 63672 (December 10,
The Department shall determine, and
2001). These deposit requirements,
the Customs and Border Protection
when imposed, shall remain in effect
(CBP) shall assess, antidumping duties
until publication of the final results of
on all appropriate entries. In accordance
the next administrative review.
with 19 CFR 351.212(b)(1), we have
calculated a zero margin rate which will Notification to Interested Parties
be applied uniformly on all Seylinco, El
This notice also serves as a final
Mana S.A. and Mielar/CAA entries
reminder to importers of their
made during the POR. The Department
intends to issue assessment instructions responsibility under 19 CFR 351.402(f)
directly to CBP 15 days after the date of
to file a certificate regarding the
publication of these final results of
reimbursement of antidumping duties
review. We will direct CBP to liquidate
prior to liquidation of the relevant
without regard to antidumping duties.
entries during this review period.
The Department clarified its
Failure to comply with this requirement
‘‘automatic assessment’’ regulation on
could result in the Secretary’s
May 6, 2003 (68 FR 23954). This
presumption that reimbursement of
clarification will apply to entries of
antidumping duties occurred and the
subject merchandise during the POR
subsequent assessment of doubled
produced by companies included in
antidumping duties.
these final results of review for which
This notice also serves as a reminder
the reviewed companies did not know
to parties subject to administrative
their merchandise was destined for the
United States. In such instances, we will protective orders (APO) of their
instruct CBP to liquidate unreviewed
responsibility concerning the return or
entries at the all–others rate if there is
destruction of proprietary information
no rate for the intermediate
disclosed under APO in accordance
company(ies) involved in the
with 19 CFR 351.305, which continues
transaction. For a full discussion of this to govern business proprietary
clarification, see Antidumping and
information in this segment of the
Countervailing Duty Proceedings:
proceeding. Timely written notification
Assessment of Antidumping Duties, 68
of the return/destruction of APO
FR 23954 (May 6, 2003).
materials or conversion to judicial
protective order is hereby requested.
Cash Deposit Requirements
Failure to comply with the regulations
The following cash deposit
and terms of an APO is a violation,
requirements will be effective upon
which is subject to sanction.
publication of the final results of this
administrative review for all shipments
We are issuing and publishing this
of the subject merchandise entered, or
determination and notice in accordance
withdrawn from warehouse, for
with sections section 751(a)(1) and
consumption on or after the publication 777(i)(1) of the Tariff Act.
date, consistent with section 751(a)(1) of
Dated: April 27, 2007.
the Tariff Act of 1930, as amended (the
David M. Spooner,
Tariff Act): (1) cash deposits for
Seylinco, El Mana S.A. and Mielar/CAA Assistant Secretary for Import
Administration.
will not be required; (2) if the exporter
is not a firm covered in this review, but
Appendix – Issues and Decision
was covered in a previous review or the
Memorandum
original less than fair value (LTFV)
investigation, the cash deposit rate will
1. Whether to Apply Adverse Facts
continue to be the company–specific
Available as a Result of Seylinco’s
rate published for the most recent
Reported Grade/Color
period; (3) if the exporter is not a firm
2. Revocation
covered in this review, a prior review,
3. Adverse Facts Available for
or the original LTFV investigation, but
the manufacturer is, the cash deposit
Beekeeper 2
rate will be the rate established for the
4. Beekeeper Feed Costs
most recent period for the manufacturer
5. Beekeeper Drums Costs
of the merchandise; and (4) if neither
[FR Doc. E7–8584 Filed 5–3–07; 8:45 am]
the exporter nor the manufacturer is a
firm covered in this or any previous
BILLING CODE 3510–DS–S
cprice-sewell on DSK89S0YB1PROD with NOTICES
Manufacturer / Exporter
VerDate Nov<24>2008
Weighted Average
Margin (percentage)
14:51 Apr 20, 2010
Jkt 220001
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
DEPARTMENT OF COMMERCE
International Trade Administration
A–570–851
Certain Preserved Mushrooms from
the People’s Republic of China: Notice
of Rescission of Antidumping Duty
Administrative Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On March 28, 2007, the
Department of Commerce
(‘‘Department’’) initiated the
administrative review of the
antidumping duty order on certain
preserved mushrooms from the People’s
Republic of China (‘‘PRC’’) covering the
period of review from February 1, 2006,
through January 31, 2007 (‘‘POR’’). See
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews, 72 FR 14516 (March 28, 2007)
(‘‘Initiation Notice’’). On April 17, 2007,
the review request was withdrawn with
respect to all parties who requested the
review. Therefore, the Department is
rescinding the administrative review of
sales of certain preserved mushrooms
from the PRC covering the POR.
EFFECTIVE DATE: May 4, 2007.
FOR FURTHER INFORMATION CONTACT:
Karine Gziryan, AD/CVD Operations,
Office 4, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW,
Washington, DC 20230; telephone: (202)
482–4081.
SUPPLEMENTARY INFORMATION:
Background
On February 2, 2007, the Department
published a notice of opportunity to
request an administrative review of the
antidumping duty order on certain
preserved mushrooms from the PRC for
the POR. See Antidumping or
Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity
to Request Administrative Review, 72
FR 5007 (February 2, 2007). On
February 28, 2007, China Processed
Food Import and Export Company,
COFCO (Zhangzhou) Food Industrial
Co. Ltd., China National Cereals, Oils
and Foodstuffs Import and Export
Corporation, Fujian Yu Xing Fruit and
Vegetable Foodstuff Development Co.,
and Xiamen Jiahua Import and Export
Trading Co., Ltd. requested
administrative reviews of their sales of
certain preserved mushrooms to the
United States during the POR. Pursuant
to this request, the Department initiated
an administrative review of the
E:\FR\FM\04MYN1.SGM
04MYN1
]]>Agencies
[Federal Register Volume 72, Number 86 (Friday, May 4, 2007)]
[Notices]
[Pages 25245-25246]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-8584]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
A-357-812
Honey from Argentina: Final Results of Antidumping Duty
Administrative Review and Determination Not to Revoke In Part
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On December 29, 2006, the Department of Commerce (the
Department) published its preliminary results of the administrative
review of the antidumping duty order on honey from Argentina. See
Preliminary Results of Antidumping Duty Administrative Review and
Intent Not to Revoke in Part, 71 FR 78397 (December 29, 2006)
(Preliminary Results). This administrative review covers three \1\
firms, one of which, Seylinco, S.A. (Seylinco) was selected as a
mandatory respondent. The period of review (POR) is December 1, 2004 to
November 30, 2005. Based on our analysis of comments received, the
margins for the final results do not differ from the preliminary
results. See Preliminary Results.
---------------------------------------------------------------------------
\1\ Mielar S.A. (Mielar) and Compania Apicola Argentina S.A.
(CAA) were treated as a single entity in a prior segment of the
proceeding. For the purposes of this review we continue to treat
Mielar and CAA as a single entity (M ielar/CAA).
---------------------------------------------------------------------------
EFFECTIVE DATE: May 4, 2007.
FOR FURTHER INFORMATION CONTACT: Maryanne Burke 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) 482-5604 or (202) 482-0649,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 29, 2006, the Department published its Preliminary
Results of this antidumping duty administrative review of honey from
Argentina for the period December 1, 2004, to November 30, 2005. In
response to the Department's invitation to comment on the preliminary
results, the American Honey Producers Association and the Sioux Honey
Association (collectively, petitioners) and Seylinco filed their case
briefs on January 29, 2007. Seylinco and petitioners submitted their
rebuttal briefs on February 5, 2007. In addition, the Department met
separately with representatives for Seylinco, petitioners and the
Embassy of Argentina to discuss the Preliminary Results. See Ex Parte
Memoranda to the File, from Maryanne Burke dated March 6, 2007 and
March 19, 2007, on file in 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.
Determination Not to Revoke in Part
As discussed in the Preliminary Results at 78399, Seylinco
requested that the Department revoke the order in regard to Seylinco
pursuant to 19 CFR 351.222 based on three consecutive zero margins. We
preliminarily determined not to revoke the order with respect to
Seylinco because it did not ship in commercial quantities during each
of the three years forming the basis of its request. See id. For these
final results, the Department has relied upon Seylinco's sales activity
during the 2002-2003, 2003-2004, and 2004-2005 PORs in making its
decision with respect to Seylinco's revocation request. Although
Seylinco had three consecutive years of sales at not less than normal
value (NV), Seylinco did not sell subject merchandise in commercial
quantities in each of these three years forming the basis of the
request for revocation. Thus, Seylinco is not eligible for
consideration for revocation pursuant to 19 CFR 351.222(d)(1).
Accordingly, we have determined not to revoke the antidumping duty
order with respect to Seylinco. See Comment 2 of the Issues and
Decision Memorandum from Stephen J. Claeys, Deputy Assistant Secretary
for Import Administration, to David M. Spooner, Assistant Secretary for
Import Administration (Issues and Decision Memorandum) accompanying
this notice.
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. 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 and findings at
verification, we have made the following change in the margin
calculation:
We revised the color characteristic (GRADET/U) in both the
U.S. and third-country market sales listings to differentiate amongst
the various colors of honey actually shipped, in accordance with our
established model-matching criteria.
Final Results of Review
We determine that the following dumping margins exist for the
period December 1, 2004 through November 30, 2005.
------------------------------------------------------------------------
Weighted Average
Manufacturer / Exporter Margin
(percentage)
------------------------------------------------------------------------
Seylinco............................................ 0.00
El Mana, S.A........................................ 0.00
[[Page 25246]]
Mielar/CAA.......................................... 0.00
------------------------------------------------------------------------
Assessment
The Department shall determine, and the Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries. In accordance with 19 CFR 351.212(b)(1), we have calculated a
zero margin rate which will be applied uniformly on all Seylinco, El
Mana S.A. and Mielar/CAA entries made during the POR. The Department
intends to issue assessment instructions directly to CBP 15 days after
the date of publication of these final results of review. We will
direct CBP to liquidate without regard to antidumping duties.
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 POR 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, consistent
with section 751(a)(1) of the Tariff Act of 1930, as amended (the
Tariff Act): (1) cash deposits for Seylinco, El Mana S.A. and Mielar/
CAA will not be required; (2) if the exporter is not a firm covered in
this review, but was covered in a previous review or the original less
than fair value (LTFV) investigation, the cash deposit rate will
continue to be the company-specific rate published for the most recent
period; (3) if the exporter is not a firm covered in this review, a
prior review, or the original LTFV investigation, 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 continue to be 30.24 percent, which is the ``All Others'' rate
established in the LTFV investigation. 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, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
Appendix - Issues and Decision Memorandum
1. Whether to Apply Adverse Facts Available as a Result of Seylinco's
Reported Grade/Color
2. Revocation
3. Adverse Facts Available for Beekeeper 2
4. Beekeeper Feed Costs
5. Beekeeper Drums Costs
[FR Doc. E7-8584 Filed 5-3-07; 8:45 am]
BILLING CODE 3510-DS-S
