Continuation of Antidumping Duty Orders on Honey From Argentina and the People's Republic of China, and Continuation of Countervailing Duty Order on Honey From Argentina, 42384-42385 [E7-14918]

Download as PDF 42384 Federal Register / Vol. 72, No. 148 / Thursday, August 2, 2007 / Notices mstockstill on PROD1PC66 with NOTICES countervailing duty order or suspension agreement for which it is requesting a review, and the requesting party must state why it desires the Secretary to review those particular producers or exporters.2 If the interested party intends for the Secretary to review sales of merchandise by an exporter (or a producer if that producer also exports merchandise from other suppliers) which were produced in more than one country of origin and each country of origin is subject to a separate order, then the interested party must state specifically, on an order-by-order basis, which exporter(s) the request is intended to cover. As explained in Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003), the Department has clarified its practice with respect to the collection of final antidumping duties on imports of merchandise where intermediate firms are involved. The public should be aware of this clarification in determining whether to request an administrative review of merchandise subject to antidumping findings and orders. See also the Import Administration Web site at https:// ia.ita.doc.gov. Six copies of the request should be submitted to the Assistant Secretary for Import Administration, International Trade Administration, Room 1870, U.S. Department of Commerce, 14th Street & Constitution Avenue, NW., Washington, DC 20230. The Department also asks parties to serve a copy of their requests to the Office of Antidumping/ Countervailing Operations, Attention: Sheila Forbes, in room 3065 of the main Commerce Building. Further, in accordance with section 351.303(f)(l)(i) of the regulations, a copy of each request must be served on every party on the Department’s service list. The Department will publish in the Federal Register a notice of ‘‘Initiation of Administrative Review of Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation’’ for requests received by the last day of August 2007. If the Department does not receive, by the last day of August 2007, a request for review of entries covered by an order, finding, or suspended investigation listed in this notice and for the period identified above, the Department will instruct the 2 If the review request involves a non-market economy and the parties subject to the review request do not qualify for separate rates, all other exporters of subject merchandise from the nonmarket economy country who do not have a separate rate will be covered by the review as part of the single entity of which the named firms are a part. VerDate Aug<31>2005 17:42 Aug 01, 2007 Jkt 211001 U.S. Customs and Border Protection to assess antidumping or countervailing duties on those entries at a rate equal to the cash deposit of (or bond for) estimated antidumping or countervailing duties required on those entries at the time of entry, or withdrawal from warehouse, for consumption and to continue to collect the cash deposit previously ordered. This notice is not required by statute but is published as a service to the international trading community. Dated: July 23, 2007. Stephen J. Claeys, Deputy Assistant Secretary, for Import Administration. [FR Doc. E7–14948 Filed 8–1–07; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–357–812, A–570–863, C–357–813] Continuation of Antidumping Duty Orders on Honey From Argentina and the People’s Republic of China, and Continuation of Countervailing Duty Order on Honey From Argentina Import Administration, International Trade Administration, Department of Commerce. SUMMARY: As a result of the determinations by the Department of Commerce (the Department) and the International Trade Commission (the Commission) that revocation of the antidumping duty (AD) orders on honey from Argentina and the People’s Republic of China (PRC) would likely lead to continuation or recurrence of dumping; that revocation of the countervailing duty (CVD) order on honey from Argentina would likely lead to continuation or recurrence of a countervailable subsidy; and, that revocation of these AD and CVD orders would likely lead to a continuation or recurrence of material injury to an industry in the United States, the Department is publishing this notice of continuation of these AD and CVD orders. DATES: Effective Date: August 2, 2007. FOR FURTHER INFORMATION CONTACT: Deborah Scott (AD orders), Elfi Blum (CVD order), or Dana Mermelstein, AD/ CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Ave., NW., Washington, DC 20230; telephone: (202) 482–2657, (202) 482– 0197, or (202) 482–1391, respectively. SUPPLEMENTARY INFORMATION: AGENCY: PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 Background On November 1, 2006, the Department initiated and the Commission instituted sunset reviews of the AD orders on honey from Argentina and the PRC and the CVD order on honey from Argentina, pursuant to sections 751(c) and 752 of the Tariff Act of 1930, as amended (the Act), respectively. See Initiation of FiveYear (‘‘Sunset’’) Reviews, 71 FR 64242 (November 1, 2006) and Honey From Argentina and China, 71 FR 64292 (November 1, 2006). As a result of its reviews, the Department found that revocation of the AD orders would likely lead to a continuation or recurrence of dumping, and that revocation of the CVD order would likely lead to continuation or recurrence of subsidization, and notified the Commission of the dumping margins and the countervailable subsidy rates likely to prevail if the orders were revoked. See Honey From Argentina and the People’s Republic of China; Final Results of the Expedited Five-Year (‘‘Sunset’’) Reviews of Antidumping Duty Orders, 72 FR 10150 (March 7, 2007), and Honey from Argentina: Final Results of Full Sunset Review of the Countervailing Duty Order, 72 FR 32078 (June 11, 2007). On June 14, 2007, the Commission determined that revocation of the AD orders on honey from Argentina and the PRC and the CVD order on honey from Argentina would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. See Honey from Argentina and China, 72 FR 39445 (July 18, 2007), and USITC Publication 3929 (June 2007) (Inv. Nos. 701–TA–402 and 731–TA– 892 and 893 (Review)). Scope of the AD Orders For purposes of these orders, 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 covered by these orders 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 E:\FR\FM\02AUN1.SGM 02AUN1 Federal Register / Vol. 72, No. 148 / Thursday, August 2, 2007 / Notices merchandise under this order is dispositive. Scope of the CVD Order The merchandise subject to this order is 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, combs, cut comb, or chunk form, and whether packaged for retail or in bulk form. The merchandise subject to this order is currently classifiable under subheadings 0409.00.00, 1702.90.90, and 2106.90.99 of the HTSUS. Although the HTSUS subheadings are provided for convenience and customs purposes, the Department’s written description of the merchandise covered by this order is dispositive. mstockstill on PROD1PC66 with NOTICES Determination As a result of the determinations by the Department and the Commission that revocation of these AD and CVD orders would be likely to lead to continuation or recurrence of dumping or a countervailable subsidy and continuation or recurrence of material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act, the Department hereby orders the continuation of the AD orders on honey from Argentina and the PRC and the CVD order on honey from Argentina. U.S. Customs and Border Protection will continue to collect cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of continuation of these orders is the date of publication in the Federal Register of this notice of continuation. Pursuant to section 751(c)(2) of the Act, the Department intends to initiate the next five-year review of these orders not later than 30 days prior to the fifth anniversary of the effective date of continuation. This notice also serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return/destruction or conversion to judicial protective order of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which may be subject to sanctions. These five-year (‘‘Sunset’’) reviews and this continuation notice are in accordance with section 751(c) of the Act. This notice is published pursuant to 777(i) of the Act. VerDate Aug<31>2005 17:42 Aug 01, 2007 Jkt 211001 Dated: July 24, 2007. David M. Spooner, Assistant Secretary, for Import Administration. [FR Doc. E7–14918 Filed 8–1–07; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–428–801] Ball Bearings and Parts Thereof from Germany: Notice of Court Decision Not in Harmony Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On June 29, 2007, the United States Court of International Trade affirmed the Department of Commerce’s redetermination on remand of the final results of the administrative review of the antidumping duty order on ball bearings and parts thereof from Germany. See Paul Mueller Industrie GmbH & Co. v. United States, Court No. 04–00522, slip op. 07–100 (CIT 2007) (Paul Mueller). The Department is now issuing this notice of court decision not in harmony with the Department’s determination. EFFECTIVE DATE: August 2, 2007. FOR FURTHER INFORMATION CONTACT: David Dirstine or Richard Rimlinger, AD/CVD Operations, Office 5, Import Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–4033 or (202) 482– 4477, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On September 15, 2004, the Department of Commerce (the Department) published the final results of the administrative review of the antidumping duty order on ball bearings and parts thereof from Germany for the period May 1, 2002, through April 30, 2003. See Antifriction Bearings and Parts Thereof From France, Germany, Italy, Japan, Singapore, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews, Rescission of Administrative Reviews in Part, and Determination To Revoke Order in Part, 69 FR 55574 (September 15, 2004) (Final Results). The Final Results were amended in Ball Bearings and Parts Thereof from Germany; Amended Final Results of Antidumping Duty Administrative Review, 69 FR 63507 (November 2, 2004) (Amended Final Results). Paul Mueller Industrie PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 42385 GmbH (Paul Mueller) and Timken US Corporation (Timken) filed lawsuits challenging the Final Results as amended by the Amended Final Results. The Department requested a voluntary remand on two issues. On May 26, 2006, the United States Court of International Trade (CIT) granted the Department’s request and ordered the Department to address two items: (1) correct a ministerial error involving a billing adjustment reported by Paul Mueller for one home–market transaction and to recalculate its antidumping margin accordingly; (2) explain its treatment of Paul Mueller’s inventory carrying costs. In accordance with the CIT’s remand order in Paul Mueller v. United States, 435 F. Supp. 2d at 1241, 1246–1247 (CIT 2006), the Department filed its redetermination on remand of the final results (remand results) on September 13, 2006. In its redetermination, the Department corrected the ministerial error and made a change to its treatment of the inventory carrying costs to ensure that home–market and U.S. inventory carrying costs were calculated on a consistent basis. On June 29, 2007, the CIT affirmed the Department’s remand results. The CIT’s decision was not made publicly available until July 17, 2007, when the Court entered its judgment. See Paul Mueller, slip op. 07– 100. Decision Not in Harmony By affirming the remand results, the CIT recognized that the Department had made a ministerial error in its calculation of a billing adjustment for Paul Mueller and that its initial calculations of inventory carrying costs for Paul Mueller’s home–market and U.S. inventory carrying costs were not made on a consistent basis. The changes to our calculations with respect to Paul Mueller resulted in a change in the weighted–average margin for ball bearings and parts thereof from 0.44 percent to 0.46 percent for the period of review. Accordingly, absent an appeal or, if appealed, upon a final and conclusive court decision in this action, we will amend our final results of this review to reflect the recalculation of the margin for Paul Mueller. Suspension of Liquidation The United States Court of Appeals for Federal Circuit (CAFC) 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 determination. See The Timken Company v. United States, 893 F.2d 337, 341 (CAFC 1990). Publication of this notice fulfills that obligation. The CAFC also held that, in such a case, the E:\FR\FM\02AUN1.SGM 02AUN1

Agencies

[Federal Register Volume 72, Number 148 (Thursday, August 2, 2007)]
[Notices]
[Pages 42384-42385]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-14918]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-357-812, A-570-863, C-357-813]


Continuation of Antidumping Duty Orders on Honey From Argentina 
and the People's Republic of China, and Continuation of Countervailing 
Duty Order on Honey From Argentina

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of 
Commerce (the Department) and the International Trade Commission (the 
Commission) that revocation of the antidumping duty (AD) orders on 
honey from Argentina and the People's Republic of China (PRC) would 
likely lead to continuation or recurrence of dumping; that revocation 
of the countervailing duty (CVD) order on honey from Argentina would 
likely lead to continuation or recurrence of a countervailable subsidy; 
and, that revocation of these AD and CVD orders would likely lead to a 
continuation or recurrence of material injury to an industry in the 
United States, the Department is publishing this notice of continuation 
of these AD and CVD orders.

DATES: Effective Date: August 2, 2007.

FOR FURTHER INFORMATION CONTACT: Deborah Scott (AD orders), Elfi Blum 
(CVD order), or Dana Mermelstein, AD/CVD Operations, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Ave., NW., Washington, DC 20230; 
telephone: (202) 482-2657, (202) 482-0197, or (202) 482-1391, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On November 1, 2006, the Department initiated and the Commission 
instituted sunset reviews of the AD orders on honey from Argentina and 
the PRC and the CVD order on honey from Argentina, pursuant to sections 
751(c) and 752 of the Tariff Act of 1930, as amended (the Act), 
respectively. See Initiation of Five-Year (``Sunset'') Reviews, 71 FR 
64242 (November 1, 2006) and Honey From Argentina and China, 71 FR 
64292 (November 1, 2006). As a result of its reviews, the Department 
found that revocation of the AD orders would likely lead to a 
continuation or recurrence of dumping, and that revocation of the CVD 
order would likely lead to continuation or recurrence of subsidization, 
and notified the Commission of the dumping margins and the 
countervailable subsidy rates likely to prevail if the orders were 
revoked. See Honey From Argentina and the People's Republic of China; 
Final Results of the Expedited Five-Year (``Sunset'') Reviews of 
Antidumping Duty Orders, 72 FR 10150 (March 7, 2007), and Honey from 
Argentina: Final Results of Full Sunset Review of the Countervailing 
Duty Order, 72 FR 32078 (June 11, 2007).
    On June 14, 2007, the Commission determined that revocation of the 
AD orders on honey from Argentina and the PRC and the CVD order on 
honey from Argentina would be likely to lead to continuation or 
recurrence of material injury to an industry in the United States 
within a reasonably foreseeable time. See Honey from Argentina and 
China, 72 FR 39445 (July 18, 2007), and USITC Publication 3929 (June 
2007) (Inv. Nos. 701-TA-402 and 731-TA-892 and 893 (Review)).

Scope of the AD Orders

    For purposes of these orders, 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 covered by these orders 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

[[Page 42385]]

merchandise under this order is dispositive.

Scope of the CVD Order

    The merchandise subject to this order is 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, combs, cut 
comb, or chunk form, and whether packaged for retail or in bulk form.
    The merchandise subject to this order is currently classifiable 
under subheadings 0409.00.00, 1702.90.90, and 2106.90.99 of the HTSUS. 
Although the HTSUS subheadings are provided for convenience and customs 
purposes, the Department's written description of the merchandise 
covered by this order is dispositive.

Determination

    As a result of the determinations by the Department and the 
Commission that revocation of these AD and CVD orders would be likely 
to lead to continuation or recurrence of dumping or a countervailable 
subsidy and continuation or recurrence of material injury to an 
industry in the United States, pursuant to section 751(d)(2) of the 
Act, the Department hereby orders the continuation of the AD orders on 
honey from Argentina and the PRC and the CVD order on honey from 
Argentina.
    U.S. Customs and Border Protection will continue to collect cash 
deposits at the rates in effect at the time of entry for all imports of 
subject merchandise. The effective date of continuation of these orders 
is the date of publication in the Federal Register of this notice of 
continuation. Pursuant to section 751(c)(2) of the Act, the Department 
intends to initiate the next five-year review of these orders not later 
than 30 days prior to the fifth anniversary of the effective date of 
continuation.
    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return/destruction or conversion to judicial protective 
order of proprietary information disclosed under APO in accordance with 
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which 
may be subject to sanctions.
    These five-year (``Sunset'') reviews and this continuation notice 
are in accordance with section 751(c) of the Act. This notice is 
published pursuant to 777(i) of the Act.

    Dated: July 24, 2007.
David M. Spooner,
Assistant Secretary, for Import Administration.
 [FR Doc. E7-14918 Filed 8-1-07; 8:45 am]
BILLING CODE 3510-DS-P

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