Honey From Argentina: Final Results of Antidumping Duty Administrative Review, 29192-29194 [2011-12449]
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29192
Federal Register / Vol. 76, No. 98 / Friday, May 20, 2011 / Notices
As a result of these sunset reviews,
the Department determined that
revocation of the antidumping duty
orders on purified CMC from Finland
and the Netherlands would likely lead
to continuation or recurrence of
dumping and, therefore, notified the
U.S. International Trade Commission
(ITC) of the magnitude of the margins
likely to prevail should these orders be
revoked. See Purified
Carboxymethylcellulose From Finland,
the Netherlands, and Sweden: Final
Results of the Expedited First Sunset
Reviews of the Antidumping Duty
Orders, 75 FR 61700 (October 6, 2010)
and accompanying Issues and Decision
Memorandum.
On May 12, 2011, the ITC published
its determination in the Federal
Register, pursuant to section 751(c) of
the Tariff Act of 1930, as amended (the
Act), that revocation of the antidumping
duty orders on purified CMC from
Finland and the Netherlands would
likely lead to a continuation or
recurrence of material injury to an
industry in the United Sates within a
reasonably foreseeable time. See
Purified Carboxymethylcellulose From
Finland, Mexico, Netherlands and
Sweden, 76 FR 27663 (May 12, 2011),
and USITC Publication 4225 (May
2011), titled Purified
Carboxymethylcellulose from Finland,
Mexico, Netherlands and Sweden
(Investigation Nos. 731–TA–1084–1087
(Review)).
jlentini on DSK4TPTVN1PROD with NOTICES
Scope of the Orders
17:22 May 19, 2011
Dated: May 13, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. 2011–12462 Filed 5–19–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
The merchandise covered by these
orders is all purified CMC, sometimes
also referred to as purified sodium CMC,
polyanionic cellulose, or cellulose gum,
which is a white to off-white, non-toxic,
odorless, biodegradable powder,
comprising sodium CMC that has been
refined and purified to a minimum
assay of 90 percent. Purified CMC does
not include unpurified or crude CMC,
CMC Fluidized Polymer Suspensions,
and CMC that is cross-linked through
heat treatment. Purified CMC is CMC
that has undergone one or more
purification operations, which, at a
minimum, reduce the remaining salt
and other by-product portion of the
product to less than ten percent. The
merchandise subject to the orders is
currently classified in the Harmonized
Tariff Schedule of the United States at
subheading 3912.31.00. This tariff
classification is provided for
convenience and customs purposes;
however, the written description of the
scope of the orders is dispositive.
VerDate Mar<15>2010
Continuation of the Orders
As a result of the determinations by
the Department and the ITC that
revocation of the antidumping duty
orders would likely lead to continuation
or recurrence of dumping and 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 antidumping
duty orders on purified CMC from
Finland and the Netherlands.
U.S. Customs and Border Protection
will continue to collect antidumping
duty cash deposits at the rates in effect
at the time of entry for all imports of
subject merchandise. The effective date
of the continuation of these orders will
be 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 sunset reviews of these orders not
later than 30 days prior to the fifth
anniversary of the effective date of
continuation.
These sunset reviews and this notice
are in accordance with section 751(c) of
the Act and published pursuant to
section 777(i)(1) of the Act.
Jkt 223001
[A–357–812]
Honey From Argentina: Final Results
of Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On January 14, 2011, the
Department of Commerce (the
Department) published its preliminary
results of the 2008–2009 administrative
review of the antidumping duty order
on honey from Argentina. See Honey
From Argentina: Preliminary Results of
Antidumping Duty Administrative
Review, 76 FR 2655 (January 14, 2011)
(Preliminary Results). This review
covers three mandatory respondents,
Compania Inversora Platense S.A.,
Patagonik S.A., and TransHoney S.A.;
all three exporters of honey from
Argentina to the United States during
the period of review (POR) of December
1, 2008, to November 30, 2009. The final
weighted-average dumping margins for
AGENCY:
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Frm 00002
Fmt 4703
Sfmt 4703
the exporters are listed below in the
‘‘Final Results of Review’’ section of this
notice.
DATES: Effective Date: May 20, 2011.
FOR FURTHER INFORMATION CONTACT:
David Cordell, Ericka Ukrow or Dena
Crossland, 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, (202) 482–
0405 or (202) 482–3362, respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 14, 2011, the Department
published in the Federal Register the
preliminary results of the administrative
review of the antidumping duty order
on honey from Argentina for the period
December 1, 2008 to November 30,
2009. See Preliminary Results. We
invited parties to comment on the
Preliminary Results, and received
comments from the mandatory
respondents Compania Inversora
Platense S.A. (CIPSA), Patagonik S.A.
(Patagonik), and TransHoney S.A.
(TransHoney). We did not receive any
rebuttal comments and no hearing was
requested.
As explained in the memorandum
from the Deputy Assistant Secretary
(DAS) for Import Administration, the
Department exercised its discretion to
toll Import Administration deadlines for
the duration of the closure of the
Federal Government from February 5,
through February 12, 2010. Thus, all
deadlines in this segment of the
proceeding were extended by seven
days. Therefore, the revised deadline for
the final results of this review became
May 14, 2011.1 See Memorandum to the
Record from Ronald Lorentzen, DAS for
Import Administration, regarding
‘‘Tolling of Administrative Deadlines As
a Result of the Government Closure
During the Recent Snowstorm,’’ dated
February 12, 2010.
Period of Review
The POR is December 1, 2008,
through November 30, 2009.
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
1 We note that May 14, 2011, falls on a Saturday.
Therefore, the deadline becomes the next business
day, Monday, May 16, 2011. See Notice of
Clarification: Application of ‘‘Next Business Day’’
Rule for Administrative Deadlines Pursuant to the
Tariff Act of 1930, As Amended, 70 FR 24533 (May
10, 2005).
E:\FR\FM\20MYN1.SGM
20MYN1
Federal Register / Vol. 76, No. 98 / Friday, May 20, 2011 / Notices
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.
Analysis of Comments Received
All issues raised in the case briefs by
parties to this administrative review are
addressed in the accompanying Issues
and Decision Memorandum (I&D
Memo), which is hereby adopted by this
notice. A list of the issues which parties
have raised, and to which we have
responded in the I&D Memo, is attached
to this notice as an Appendix. In
addition, a complete version of the I&D
Memo can be accessed directly by the
Internet at https://ia.ita.doc.gov/frn. The
paper copy and electronic version of the
I&D Memo are identical in content.
jlentini on DSK4TPTVN1PROD with NOTICES
Changes Since the Preliminary Results
After considering Patagonik’s
supplemental cost response, which was
submitted too close to the date of the
Preliminary Results to be thoroughly
analyzed and included in our
preliminary cost analysis, the
Department has made an adjustment to
Patagonik’s cost of production to
properly account for its middleman
costs. See Memorandum to Neal M.
Halper, Director of Office of Accounting,
‘‘Cost of Production and Constructed
Value Calculation Adjustments for the
Final Results—Patagonik S.A.,’’ dated
May 16, 2011, and the Analysis
Memorandum to the File through
Angelica L. Mendoza, Program Manager,
from David Cordell for Patagonik
Regarding ‘‘Analysis Memorandum for
the Final Results of the 2008–2009
Administrative Review of the
Antidumping Duty Order on Honey
from Argentina for Patagonik S.A.’’
dated May 16, 2011, for further details.
Final Results of Review
We determine that the following
dumping margins exist for the period
December 1, 2008, through November
30, 2009:
VerDate Mar<15>2010
17:22 May 19, 2011
Jkt 223001
Weightedaverage
margin
(percentage)
Exporter
Compania Inversora Platense
S.A.
Patagonik S.A. and Azul
Agronegocios S.A2.
TransHoney S.A. and Einsof
Trade S.A3.
0.00
0.27
(de minimis)
0.00
Assessment Rates
Pursuant to section 751(a)(2)(A) of the
Act and 19 CFR 351.212(b), the
Department will determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
final results of this review. For
assessment purposes, we calculated
importer (or customer)-specific
assessment rates for merchandise
subject to this review. Where
appropriate, we calculated an ad
valorem rate for each importer (or
customer) by dividing the total dumping
margins for reviewed sales to that party
by the total entered values associated
with those transactions. For duty
assessment rates calculated on this
basis, we will direct CBP to assess the
resulting ad valorem rate against the
entered customs values for the subject
merchandise. Where appropriate, we
calculated a per-unit rate for each
importer (or customer) by dividing the
total dumping margins for reviewed
sales to that party by the total sales
quantity associated with those
transactions. For duty-assessment rates
calculated on this basis, we will direct
CBP to assess the resulting per-unit rate
against the entered quantity of the
subject merchandise. Where an importer
(or customer)-specific assessment rate is
de minimis (i.e., less than 0.50 percent),
the Department will instruct CBP to
assess that importer (or customer’s)
entries of subject merchandise without
regard to antidumping duties, in
accordance with 19 CFR 351.106(c)(2).
The Department intends to issue
assessment instructions to CBP 15 days
2 Pursuant to section 771(33)(F) of the Tariff Act
of 1930, as amended (the Act), the Department has
determined that Patagonik and Azul are affiliated.
See Preliminary Results; see also Memorandum to
Richard Weible, ‘‘Antidumping Duty Administrative
Review of Honey from Argentina: Analysis of the
Relationship Between Patagonik S.A. (Patagonik)
and Azul Agronegocios S.A. (Azul),’’ dated January
7, 2011.
3 Pursuant to section 771(33)(F) of the Act, the
Department has determined that TransHoney and
Einsof are affiliated. See Preliminary Results; see
also Memorandum to Richard Weible,
‘‘Antidumping Duty Administrative Review of
Honey from Argentina: Analysis of the Relationship
Between TransHoney S.A. (TransHoney) and Einsof
Trade S.A. (Einsof),’’ dated January 7, 2011.
PO 00000
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Fmt 4703
Sfmt 4703
29193
after the date of publication of these
final results of review.
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 the company(ies) included in these
final results of review for which the
reviewed company(ies) did not know
their merchandise was destined for the
United States. In such instances, we will
instruct CBP to liquidate un-reviewed
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 of these final results, consistent
with section 751(a)(1) of the Act: (1) For
the companies covered by this review,
no cash deposit will 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.
Reimbursement of Duties
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
E:\FR\FM\20MYN1.SGM
20MYN1
29194
Federal Register / Vol. 76, No. 98 / Friday, May 20, 2011 / Notices
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.
Administrative Protective Order
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
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: May 16, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
Appendix I
List of Comments in the Accompanying
Issues and Decision Memorandum
Comment 1: Treatment of CustomerRequested Testing Expenses.
Comment 2: Treatment of Blending of Honey
Expenses.
Comment 3: Zeroing Methodology.
[FR Doc. 2011–12449 Filed 5–19–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–834, A–401–808]
Purified Carboxymethylcellulose From
Mexico and Sweden: Revocation of
Antidumping Duty Orders
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On June 2, 2010, the
Department of Commerce initiated
sunset reviews of the antidumping duty
orders on purified
carboxymethylcellulose from Mexico
and Sweden. Pursuant to section 751(c)
of the Tariff Act of 1930, as amended,
the U.S. International Trade
Commission determined that revocation
of the existing antidumping duty orders
on purified carboxymethylcellulose
from Mexico and Sweden would not be
jlentini on DSK4TPTVN1PROD with NOTICES
AGENCY:
VerDate Mar<15>2010
17:22 May 19, 2011
Jkt 223001
likely to lead to continuation or
recurrence of material injury to an
industry in the United States within a
reasonably foreseeable time. Therefore,
pursuant to section 751(d)(2) of the
Tariff Act of 1930, as amended, and 19
CFR 351.222(i)(1)(iii), the Department is
revoking the antidumping duty orders
on purified carboxymethylcellulose
from Mexico and Sweden.
DATES: Effective Date: July 11, 2010.
FOR FURTHER INFORMATION CONTACT:
Dena Crossland or Angelica Mendoza,
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) 482–3362 and (202)
482–3019, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 11, 2005, the Department of
Commerce (the Department) published
the antidumping duty orders on purified
carboxymethylcellulose (purified CMC)
from Mexico and Sweden. See Notice of
Antidumping Duty Orders: Purified
Carboxymethylcellulose from Finland,
Mexico, the Netherlands and Sweden,
70 FR 39734 (July 11, 2005). On June 2,
2010, the Department initiated its fiveyear sunset reviews of the antidumping
duty orders on purified CMC from
Mexico and Sweden. See Initiation of
Five-Year (‘‘Sunset’’) Review, 75 FR
30777 (June 2, 2010).
As a result of these sunset reviews,
the Department determined that
revocation of the antidumping duty
orders on purified CMC from Mexico
and Sweden would be likely to lead to
the continuation or recurrence of
dumping. See Purified
Carboxymethylcellulose From Finland,
the Netherlands, and Sweden: Final
Results of the Expedited First Sunset
Reviews of the Antidumping Duty
Orders, 75 FR 61700 (October 6, 2010),
and Purified Carboxymethylcellulose
From Mexico: Final Results of the First
Five-Year (‘‘Sunset’’) Review of
Antidumping Duty Order, 76 FR 4865
(January 27, 2011). The Department
notified the U.S. International Trade
Commission (ITC) of the magnitude of
the margins likely to prevail should the
antidumping duty orders be revoked.
On May 12, 2011, the ITC published
its determination that, pursuant to
section 751(c) of the Tariff Act of 1930,
as amended (the Act), revocation of the
antidumping duty orders on purified
CMC from Mexico and Sweden would
not be likely to lead to continuation or
recurrence of material injury to an
industry in the United States within a
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
reasonably foreseeable time. See
Purified Carboxymethylcellulose from
Finland, Mexico, Netherlands and
Sweden, 76 FR 27663 (May 12, 2011),
and USITC Publication 4225 (May
2011), titled Purified
Carboxymethylcellulose from Finland,
Mexico, Netherlands and Sweden
(Investigation Nos. 731–TA–1084–1087
(Review)).
Scope of the Orders
The merchandise covered by the
orders is all purified CMC, sometimes
also referred to as purified sodium CMC,
polyanionic cellulose, or cellulose gum,
which is a white to off-white, non-toxic,
odorless, biodegradable powder,
comprising sodium CMC that has been
refined and purified to a minimum
assay of 90 percent. Purified CMC does
not include unpurified or crude CMC,
CMC Fluidized Polymer Suspensions,
and CMC that is cross-linked through
heat treatment. Purified CMC is CMC
that has undergone one or more
purification operations, which, at a
minimum, reduce the remaining salt
and other by-product portion of the
product to less than ten percent. The
merchandise subject to the orders is
currently classified in the Harmonized
Tariff Schedule of the United States at
subheading 3912.31.00. This tariff
classification is provided for
convenience and customs purposes;
however, the written description of the
scope of the orders is dispositive.
Determination
As a result of the determination by the
ITC that revocation of the antidumping
duty orders is not likely to lead to the
continuation or recurrence of material
injury to an industry in the United
States, the Department, pursuant to
section 751(d) of the Act, is revoking the
antidumping duty orders on purified
CMC from Mexico and Sweden.
Pursuant to section 751(d)(2) of the Act
and 19 CFR 351.222(i)(2)(i), the effective
date of revocation is July 11, 2010 (i.e.,
the fifth anniversary of the publication
in the Federal Register of the notice of
these orders). The Department will
notify U.S. Customs and Border
Protection to terminate suspension of
liquidation and collection of cash
deposits on entries of the subject
merchandise entered or withdrawn from
warehouse on or after July 11, 2010.
Entries of subject merchandise prior to
the effective date of revocation will
continue to be subject to suspension of
liquidation and antidumping duty
deposit requirements. The Department
will complete any pending
administrative reviews of these orders.
E:\FR\FM\20MYN1.SGM
20MYN1
]]>Agencies
[Federal Register Volume 76, Number 98 (Friday, May 20, 2011)]
[Notices]
[Pages 29192-29194]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-12449]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-357-812]
Honey From Argentina: Final Results of Antidumping Duty
Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On January 14, 2011, the Department of Commerce (the
Department) published its preliminary results of the 2008-2009
administrative review of the antidumping duty order on honey from
Argentina. See Honey From Argentina: Preliminary Results of Antidumping
Duty Administrative Review, 76 FR 2655 (January 14, 2011) (Preliminary
Results). This review covers three mandatory respondents, Compania
Inversora Platense S.A., Patagonik S.A., and TransHoney S.A.; all three
exporters of honey from Argentina to the United States during the
period of review (POR) of December 1, 2008, to November 30, 2009. The
final weighted-average dumping margins for the exporters are listed
below in the ``Final Results of Review'' section of this notice.
DATES: Effective Date: May 20, 2011.
FOR FURTHER INFORMATION CONTACT: David Cordell, Ericka Ukrow or Dena
Crossland, 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, (202) 482-0405 or (202) 482-3362, respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 14, 2011, the Department published in the Federal
Register the preliminary results of the administrative review of the
antidumping duty order on honey from Argentina for the period December
1, 2008 to November 30, 2009. See Preliminary Results. We invited
parties to comment on the Preliminary Results, and received comments
from the mandatory respondents Compania Inversora Platense S.A.
(CIPSA), Patagonik S.A. (Patagonik), and TransHoney S.A. (TransHoney).
We did not receive any rebuttal comments and no hearing was requested.
As explained in the memorandum from the Deputy Assistant Secretary
(DAS) for Import Administration, the Department exercised its
discretion to toll Import Administration deadlines for the duration of
the closure of the Federal Government from February 5, through February
12, 2010. Thus, all deadlines in this segment of the proceeding were
extended by seven days. Therefore, the revised deadline for the final
results of this review became May 14, 2011.\1\ See Memorandum to the
Record from Ronald Lorentzen, DAS for Import Administration, regarding
``Tolling of Administrative Deadlines As a Result of the Government
Closure During the Recent Snowstorm,'' dated February 12, 2010.
---------------------------------------------------------------------------
\1\ We note that May 14, 2011, falls on a Saturday. Therefore,
the deadline becomes the next business day, Monday, May 16, 2011.
See Notice of Clarification: Application of ``Next Business Day''
Rule for Administrative Deadlines Pursuant to the Tariff Act of
1930, As Amended, 70 FR 24533 (May 10, 2005).
---------------------------------------------------------------------------
Period of Review
The POR is December 1, 2008, through November 30, 2009.
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
[[Page 29193]]
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.
Analysis of Comments Received
All issues raised in the case briefs by parties to this
administrative review are addressed in the accompanying Issues and
Decision Memorandum (I&D Memo), which is hereby adopted by this notice.
A list of the issues which parties have raised, and to which we have
responded in the I&D Memo, is attached to this notice as an Appendix.
In addition, a complete version of the I&D Memo can be accessed
directly by the Internet at https://ia.ita.doc.gov/frn. The paper copy
and electronic version of the I&D Memo are identical in content.
Changes Since the Preliminary Results
After considering Patagonik's supplemental cost response, which was
submitted too close to the date of the Preliminary Results to be
thoroughly analyzed and included in our preliminary cost analysis, the
Department has made an adjustment to Patagonik's cost of production to
properly account for its middleman costs. See Memorandum to Neal M.
Halper, Director of Office of Accounting, ``Cost of Production and
Constructed Value Calculation Adjustments for the Final Results--
Patagonik S.A.,'' dated May 16, 2011, and the Analysis Memorandum to
the File through Angelica L. Mendoza, Program Manager, from David
Cordell for Patagonik Regarding ``Analysis Memorandum for the Final
Results of the 2008-2009 Administrative Review of the Antidumping Duty
Order on Honey from Argentina for Patagonik S.A.'' dated May 16, 2011,
for further details.
Final Results of Review
We determine that the following dumping margins exist for the
period December 1, 2008, through November 30, 2009:
------------------------------------------------------------------------
Weighted- average margin
Exporter (percentage)
------------------------------------------------------------------------
Compania Inversora Platense S.A. 0.00
Patagonik S.A. and Azul Agronegocios 0.27
S.A\2\. (de minimis)
TransHoney S.A. and Einsof Trade S.A\3\... 0.00
------------------------------------------------------------------------
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b),
the Department will determine, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries of
subject merchandise in accordance with the final results of this
review. For assessment purposes, we calculated importer (or customer)-
specific assessment rates for merchandise subject to this review. Where
appropriate, we calculated an ad valorem rate for each importer (or
customer) by dividing the total dumping margins for reviewed sales to
that party by the total entered values associated with those
transactions. For duty assessment rates calculated on this basis, we
will direct CBP to assess the resulting ad valorem rate against the
entered customs values for the subject merchandise. Where appropriate,
we calculated a per-unit rate for each importer (or customer) by
dividing the total dumping margins for reviewed sales to that party by
the total sales quantity associated with those transactions. For duty-
assessment rates calculated on this basis, we will direct CBP to assess
the resulting per-unit rate against the entered quantity of the subject
merchandise. Where an importer (or customer)-specific assessment rate
is de minimis (i.e., less than 0.50 percent), the Department will
instruct CBP to assess that importer (or customer's) entries of subject
merchandise without regard to antidumping duties, in accordance with 19
CFR 351.106(c)(2). The Department intends to issue assessment
instructions to CBP 15 days after the date of publication of these
final results of review.
---------------------------------------------------------------------------
\2\ Pursuant to section 771(33)(F) of the Tariff Act of 1930, as
amended (the Act), the Department has determined that Patagonik and
Azul are affiliated. See Preliminary Results; see also Memorandum to
Richard Weible, ``Antidumping Duty Administrative Review of Honey
from Argentina: Analysis of the Relationship Between Patagonik S.A.
(Patagonik) and Azul Agronegocios S.A. (Azul),'' dated January 7,
2011.
\3\ Pursuant to section 771(33)(F) of the Act, the Department
has determined that TransHoney and Einsof are affiliated. See
Preliminary Results; see also Memorandum to Richard Weible,
``Antidumping Duty Administrative Review of Honey from Argentina:
Analysis of the Relationship Between TransHoney S.A. (TransHoney)
and Einsof Trade S.A. (Einsof),'' dated January 7, 2011.
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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 the company(ies)
included in these final results of review for which the reviewed
company(ies) did not know their merchandise was destined for the United
States. In such instances, we will instruct CBP to liquidate un-
reviewed 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 of these
final results, consistent with section 751(a)(1) of the Act: (1) For
the companies covered by this review, no cash deposit will 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.
Reimbursement of Duties
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
[[Page 29194]]
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.
Administrative Protective Order
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 notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: May 16, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix I
List of Comments in the Accompanying Issues and Decision Memorandum
Comment 1: Treatment of Customer-Requested Testing Expenses.
Comment 2: Treatment of Blending of Honey Expenses.
Comment 3: Zeroing Methodology.
[FR Doc. 2011-12449 Filed 5-19-11; 8:45 am]
BILLING CODE 3510-DS-P
