Honey from Argentina: Notice of Partial Rescission of Antidumping Duty Administrative Review, 33975-33976 [E8-13481]

Download as PDF Federal Register / Vol. 73, No. 116 / Monday, June 16, 2008 / Notices is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. Dated: June 11, 2008. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E8–13504 Filed 6–13–08; 8:45 am] BILLING CODE 3510–33–P DEPARTMENT OF COMMERCE International Trade Administration A–357–812 Honey from Argentina: Notice of Partial Rescission of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is partially rescinding its administrative review of the antidumping duty order on honey from Argentina for the period December 1, 2006, to November 30, 2007 with respect to eleven companies. This rescission, in part, is based on the timely withdrawal of the request for review by the interested parties that requested the review. A complete list of the companies for which the administrative review is being rescinded is provided in the background section below. AGENCY: EFFECTIVE DATE: June 16, 2008 rwilkins on PROD1PC63 with NOTICES FOR FURTHER INFORMATION CONTACT: Deborah Scott or Robert James, AD/CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Room 7866, Washington, DC 20230; telephone: (202) 482–2657 or (202) 482–0649, respectively. SUPPLEMENTARY INFORMATION: VerDate Aug<31>2005 17:04 Jun 13, 2008 Jkt 214001 BACKGROUND: On December 3, 2007, the Department published in the Federal Register its notice of opportunity to request an administrative review of the antidumping duty order on honey from Argentina. See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 72 FR 67889 (December 3, 2007). In response, on December 31, 2007, 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 for the period December 1, 2006, through November 30, 2007. The petitioners requested that the Department conduct an administrative review of entries of subject merchandise made by thirteen Argentine producers/ exporters.1 In addition, the Department received requests for review from four Argentine exporters included in the petitioners’ request. Furthermore, the Department received one request from an exporter that was not included in petitioners’ request for review. On January 28, 2008, the Department initiated a review of the 14 companies2 for which an administrative review was requested. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 73 FR 4829 (January 28, 2008). On February 19, 2007, petitioners timely withdrew their requests for review of the following companies: AGLH S.A., Algodonera Avellaneda S.A., Bomare S.A. (Bodegas Miguel Armengol), Mercoline S.A., Productos Afer S.A., and Seabird Argentina S.A. On March 18, 2008, petitioners timely withdrew their requests for review of El Mana S.A., HoneyMax S.A., and Nexco S.A. On May 22, 2008, both petitioners and CAA/Mielar submitted letters withdrawing their requests for an administrative review of CAA/Mielar. 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 1 Petitioners requested Compania Apicola Argentina S.A. (CAA) and Mielar S.A. (Mielar) as separate entities. However, in a previous segment of this proceeding, the Department treated these two companies as a single entity. 2 The Federal Register notice lists 15 companies but, as explained in footnote 1, CAA and Mielar are currently being treated as a single entity based on decisions made in a previous segment of this proceeding. Accordingly, there are a total of 14 companies for which reviews were requested. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 33975 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 under the scope of the order 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 U.S. Customs and Border Protection (CBP) purposes, the Department’s written description of the merchandise under this order is dispositive. Rescission, in Part, of Administrative Review Section 351.213(d)(1) of the Department’s regulations provides that the Department will rescind an administrative review if the party that requested the review withdraws its request for review within 90 days of the date of publication of the notice of initiation of the requested review, or withdraws at a later date if the Department determines it is reasonable to extend the time limit for withdrawing the request. The petitioners timely withdrew their requests for an administrative review within the 90-day deadline for the following companies: AGLH S.A., Algodonera Avellaneda S.A., Bomare S.A. (Bodegas Miguel Armengol), El Mana S.A., HoneyMax S.A., Mercoline S.A., Nexco S.A., Productos Afer S.A., and Seabird Argentina S.A. Because the petitioners were the only party to request administrative review of each of these companies, we are rescinding the review with regard to AGLH S.A., Algodonera Avellaneda S.A., Bomare S.A. (Bodegas Miguel Armengol), El Mana S.A., HoneyMax S.A., Mercoline S.A., Nexco S.A., Productos Afer S.A., and Seabird Argentina S.A. With respect to CAA/Mielar, both petitioners and CAA/Mielar withdrew their review requests after the 90-day deadline, despite petitioners’ and CAA/ Mielar’s claims to the contrary in their May 22, 2008 requests for withdrawal. However, the Department finds it reasonable to extend the withdrawal deadline for CAA/Mielar because the Department has not yet devoted significant time or resources to this review. Further, we find that neither petitioners’ nor CAA/Mielar’s withdrawal of their requests for a review of CAA/Mielar constitutes an abuse of E:\FR\FM\16JNN1.SGM 16JNN1 33976 Federal Register / Vol. 73, No. 116 / Monday, June 16, 2008 / Notices our procedures. See, e.g., Persulfates from the People’s Republic of China: Notice of Rescission of Antidumping Duty Administrative Review, 71 FR 13810, 13811 (March 17, 2006). As a result, we are rescinding this review with regard to CAA/Mielar. The Department will issue appropriate assessment instructions directly to U.S. Customs and Border Protection (CBP) 15 days after the publication of this notice. The Department will direct CBP to assess antidumping duties for these companies at the cash deposit rate in effect on the date of entry for entries during the period December 1, 2006 to November 30, 2007. Notification to Parties This notice serves as a reminder to importers of their responsibility under section 351.402(f) of the Department’s regulations to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this period of time. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and subsequent assessment of double antidumping duties. This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with section 351.305(a)(3) of the Department’s regulations. 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 issued and published in accordance with section 351.213(d)(4) of the Department’s regulations and sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended. Dated: June 9, 2008. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E8–13481 Filed 6–13–08; 8:45 am] rwilkins on PROD1PC63 with NOTICES BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration (A–351–838) Certain Frozen Warmwater Shrimp from Brazil: Notice of Rescission of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: June 16, 2008. FOR FURTHER INFORMATION CONTACT: Kate Johnson or Rebecca Trainor, AD/CVD Operations, Office 2, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–4929 or (202)482– 4007, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On February 4, 2008, the Department of Commerce (the Department) published in the Federal Register a notice of ‘‘Opportunity to Request Administrative Review’’ of the antidumping duty order on certain frozen warmwater shrimp from Brazil for the period February 1, 2007, through January 31, 2008. See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 73 FR 6477 (February 4, 2008). The Department received timely requests from the petitioner,1 and the Louisiana Shrimp Association, in accordance with 19 CFR 351.213(b), for an administrative review of the antidumping duty order on certain frozen warmwater shrimp from Brazil. On April 7, 2008, the Department published a notice of initiation of an administrative review of the antidumping duty order on certain frozen warmwater shrimp from Brazil with respect to 43 companies. See Certain Frozen Warmwater Shrimp from Brazil, Ecuador, India and Thailand: Notice of Initiation of Administrative Reviews, 73 FR 18754 (April 7, 2008) (Initiation Notice). The Department stated in its initiation of this review that it intended to rely on U.S. Customs and Border Protection (CBP) data to select respondents. See Initiation Notice. However, our review of the CBP database showed no entries of certain frozen warmwater shrimp originating in Brazil, subject to AD/CVD duties, during the period February 1, 2007 to January 31, 2008. See April 9, 2008, Memorandum to the File from Kate Johnson and Rebecca Trainor entitled ‘‘Release of POR Entry Data from CBP’’. We released the results of our CBP data query to interested parties and invited them to comment on the CBP data and respondent selection. On April 17, 2008, the petitioner submitted comments, which we addressed in the May 29, 2008, Memorandum to James Maeder, Director, Office 2, AD/CVD Operations from Kate Johnson and Rebecca Trainor, Senior Case Analysts, Office 2, AD/CVD Operations, entitled ‘‘Intent to Rescind Administrative Review.’’ On April 30, 2008, we sent a ‘‘No Shipments Inquiry’’ to CBP to confirm that there were no shipments or entries of frozen warmwater shrimp from Brazil during the POR. We received no information from CBP to contradict the results of our data query that there were no shipments or entries of subject merchandise to the United States during the period of review (POR). Rescission of Review Section 351.213(d)(3) of the Department’s regulations stipulates that the Secretary may rescind an administrative review if there were no entries, exports, or sales of the subject merchandise during the POR. As there were no entries, exports, or sales of the subject merchandise during the POR, we are rescinding this review of the antidumping duty order on certain frozen warmwater shrimp from Brazil pursuant to 19 CFR 351.213(d)(3). We intend to issue assessment instructions to CBP 15 days after the date of publication of this notice of rescission of administrative review. This notice is published in accordance with section 751 of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). Dated: June 9, 2008. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E8–13476 Filed 6–13–08; 8:45 am] BILLING CODE 3510–DS–S 1 The petitioner is the Ad Hoc Shrimp Trade Action Committee. VerDate Aug<31>2005 17:04 Jun 13, 2008 Jkt 214001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\16JNN1.SGM 16JNN1

Agencies

[Federal Register Volume 73, Number 116 (Monday, June 16, 2008)]
[Notices]
[Pages 33975-33976]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-13481]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-357-812


Honey from Argentina: Notice of Partial Rescission of Antidumping 
Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is partially 
rescinding its administrative review of the antidumping duty order on 
honey from Argentina for the period December 1, 2006, to November 30, 
2007 with respect to eleven companies. This rescission, in part, is 
based on the timely withdrawal of the request for review by the 
interested parties that requested the review. A complete list of the 
companies for which the administrative review is being rescinded is 
provided in the background section below.

EFFECTIVE DATE: June 16, 2008

FOR FURTHER INFORMATION CONTACT: Deborah Scott or Robert James, AD/CVD 
Operations, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Room 7866, Washington, DC 20230; telephone: 
(202) 482-2657 or (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION:

BACKGROUND:

    On December 3, 2007, the Department published in the Federal 
Register its notice of opportunity to request an administrative review 
of the antidumping duty order on honey from Argentina. See Antidumping 
or Countervailing Duty Order, Finding, or Suspended Investigation; 
Opportunity to Request Administrative Review, 72 FR 67889 (December 3, 
2007). In response, on December 31, 2007, 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 for the period December 1, 2006, through November 
30, 2007. The petitioners requested that the Department conduct an 
administrative review of entries of subject merchandise made by 
thirteen Argentine producers/exporters.\1\ In addition, the Department 
received requests for review from four Argentine exporters included in 
the petitioners' request. Furthermore, the Department received one 
request from an exporter that was not included in petitioners' request 
for review.
    On January 28, 2008, the Department initiated a review of the 14 
companies\2\ for which an administrative review was requested. See 
Initiation of Antidumping and Countervailing Duty Administrative 
Reviews and Request for Revocation in Part, 73 FR 4829 (January 28, 
2008).
    On February 19, 2007, petitioners timely withdrew their requests 
for review of the following companies: AGLH S.A., Algodonera Avellaneda 
S.A., Bomare S.A. (Bodegas Miguel Armengol), Mercoline S.A., Productos 
Afer S.A., and Seabird Argentina S.A. On March 18, 2008, petitioners 
timely withdrew their requests for review of El Mana S.A., HoneyMax 
S.A., and Nexco S.A. On May 22, 2008, both petitioners and CAA/Mielar 
submitted letters withdrawing their requests for an administrative 
review of CAA/Mielar.

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 under the scope of the order 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 U.S. 
Customs and Border Protection (CBP) purposes, the Department's written 
description of the merchandise under this order is dispositive.

Rescission, in Part, of Administrative Review

    Section 351.213(d)(1) of the Department's regulations provides that 
the Department will rescind an administrative review if the party that 
requested the review withdraws its request for review within 90 days of 
the date of publication of the notice of initiation of the requested 
review, or withdraws at a later date if the Department determines it is 
reasonable to extend the time limit for withdrawing the request.
    The petitioners timely withdrew their requests for an 
administrative review within the 90-day deadline for the following 
companies: AGLH S.A., Algodonera Avellaneda S.A., Bomare S.A. (Bodegas 
Miguel Armengol), El Mana S.A., HoneyMax S.A., Mercoline S.A., Nexco 
S.A., Productos Afer S.A., and Seabird Argentina S.A. Because the 
petitioners were the only party to request administrative review of 
each of these companies, we are rescinding the review with regard to 
AGLH S.A., Algodonera Avellaneda S.A., Bomare S.A. (Bodegas Miguel 
Armengol), El Mana S.A., HoneyMax S.A., Mercoline S.A., Nexco S.A., 
Productos Afer S.A., and Seabird Argentina S.A.
    With respect to CAA/Mielar, both petitioners and CAA/Mielar 
withdrew their review requests after the 90-day deadline, despite 
petitioners' and CAA/Mielar's claims to the contrary in their May 22, 
2008 requests for withdrawal. However, the Department finds it 
reasonable to extend the withdrawal deadline for CAA/Mielar because the 
Department has not yet devoted significant time or resources to this 
review. Further, we find that neither petitioners' nor CAA/Mielar's 
withdrawal of their requests for a review of CAA/Mielar constitutes an 
abuse of

[[Page 33976]]

our procedures. See, e.g., Persulfates from the People's Republic of 
China: Notice of Rescission of Antidumping Duty Administrative Review, 
71 FR 13810, 13811 (March 17, 2006). As a result, we are rescinding 
this review with regard to CAA/Mielar.
    The Department will issue appropriate assessment instructions 
directly to U.S. Customs and Border Protection (CBP) 15 days after the 
publication of this notice. The Department will direct CBP to assess 
antidumping duties for these companies at the cash deposit rate in 
effect on the date of entry for entries during the period December 1, 
2006 to November 30, 2007.

Notification to Parties

    This notice serves as a reminder to importers of their 
responsibility under section 351.402(f) of the Department's regulations 
to file a certificate regarding the reimbursement of antidumping duties 
prior to liquidation of the relevant entries during this period of 
time. Failure to comply with this requirement could result in the 
Secretary's presumption that reimbursement of antidumping duties 
occurred and subsequent assessment of double antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with section 351.305(a)(3) of the Department's 
regulations. 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 issued and published in accordance with section 
351.213(d)(4) of the Department's regulations and sections 751(a)(1) 
and 777(i)(1) of the Tariff Act of 1930, as amended.

    Dated: June 9, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
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    \1\ Petitioners requested Compania Apicola Argentina S.A. (CAA) 
and Mielar S.A. (Mielar) as separate entities. However, in a 
previous segment of this proceeding, the Department treated these 
two companies as a single entity.
    \2\ The Federal Register notice lists 15 companies but, as 
explained in footnote 1, CAA and Mielar are currently being treated 
as a single entity based on decisions made in a previous segment of 
this proceeding. Accordingly, there are a total of 14 companies for 
which reviews were requested.
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[FR Doc. E8-13481 Filed 6-13-08; 8:45 am]
BILLING CODE 3510-DS-S