Honey From Argentina: Notice of Extension of Time Limit for Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review, 55349-55350 [2011-22865]

Download as PDF Federal Register / Vol. 76, No. 173 / Wednesday, September 7, 2011 / Notices 6476–9080, E-mail: Hawcheng.Ng@trade.gov. Elnora Moye, Commercial Service Trade Mission Program, U.S. Department of Commerce. [FR Doc. 2011–22751 Filed 9–6–11; 8:45 am] BILLING CODE 3510–FP–P DEPARTMENT OF COMMERCE International Trade Administration [A–357–812] Honey From Argentina: Notice of Extension of Time Limit for Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is rescinding in part the administrative review of the antidumping duty order on honey from Argentina for the period of review (POR) of December 1, 2009, to November 30, 2010, with respect to ten 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 A complete list of the companies for which the administrative review is being rescinded is provided in the background section below. Additionally, the Department is extending the preliminary results of this administrative review to no later than December 1, 2011. DATES: Effective Date: September 7, 2011. FOR FURTHER INFORMATION CONTACT: John Drury or Angelica Mendoza, AD/CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Room 7850, Washington, DC 20230; telephone (202) 482–0195, or (202) 482–3019, respectively. SUPPLEMENTARY INFORMATION: emcdonald on DSK5VPTVN1PROD with NOTICES AGENCY: Background On December 10, 2001, the Department published the antidumping duty order on honey from Argentina. See Notice of Antidumping Duty Order: Honey From Argentina, 66 FR 63672 (December 10, 2001). On December 1, 2010, the Department published in the Federal Register its notice of opportunity to request an administrative review of this order. See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative VerDate Mar<15>2010 17:37 Sep 06, 2011 Jkt 223001 Review, 75 FR 74682 (December 1, 2010). In response, on December 29, 2010, Algodonera Avellaneda, S.A. (Algodonera) requested an administrative review of the antidumping duty order on honey from Argentina for the POR. On December 30, 2010, Nexco S.A. (Nexco) also requested an administrative review of the same antidumping duty order for the POR. On January 3, 2011, A.G.L.H. S.A., ˜´ (AGLH) Companıa Inversora Platense S.A. (CIPSA), Industrial Haedo S.A. ´ ˜´ (Haedo), Mielar S.A./Companıa Apıcola Argentina S.A. (Mielar), Patagonik S.A. (Patagonik), and TransHoney S.A. (TransHoney) also requested administrative reviews. Also on January 3, 2011, the American Honey Producers Association and Sioux Honey Association (collectively, petitioners) requested an administrative review of the same antidumping duty order. Specifically, the petitioners requested that the Department conduct an administrative review of entries of subject merchandise made by 21 Argentine producers/ exporters: AGLH, Algodonera, Nexco, Haedo, Mielar, CIPSA, Patagonik, and TransHoney were included in the petitioners’ request for review, as well as HoneyMax S.A. (HoneyMax) and Alma Pura S.A. (Alma Pura).1 On January 13, 2011, petitioners withdrew their request for an antidumping duty administrative review of honey from Argentina for the POR, for ACA. Petitioners noted that ACA is no longer subject to the antidumping duty order on honey from Argentina. On January 28, 2011, the Department initiated a review of the 20 companies for which an administrative review was requested. See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 76 FR 5137 (January 28, 2011) (Initiation Notice). On February 2, 2011, Alma Pura submitted a letter certifying that, during the POR, it had no shipments, sales, or U.S. entries of subject merchandise. Alma Pura requested that the Department rescind the administrative review with respect to Alma Pura. On February 7, 2011, the Department issued a memorandum to the file indicating its intention to limit the number of respondents selected for 1 In addition to the companies listed above, petitioners also requested administrative reviews for Asociacion de Cooperativas Argentinas (ACA), Alimentos Naturales-Natural Foods Lavalle, Apidouro Comerical Exportadora E Importadora Ltda., Bomare S.A., Compania Apicola Argentina S.A., El Mana S.A., Interrupcion S.A., Miel Ceta SRL, Productos Afer S.A., Seabird Argentina S.A., and Villamora S.A. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 55349 review and to select mandatory respondents based on U.S. Customs and Border Protection (CBP) data for U.S. imports of Argentine honey during the POR. The Department encouraged all interested parties to submit comments regarding the use of CBP entry data for respondent selection purposes. See Memorandum to the File through Richard Weible, Director, Office 7, AD/ CVD Operations, regarding ‘‘Honey from Argentina—United States Customs and Border Protection Entry Data for Selection of Respondents for Individual Review,’’ dated February 7, 2011. On February 24, 2011, the Department published a subsequent initiation notice which included corrections to the Initiation Notice with respect to honey from Argentina. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 76 FR 10329 (February 24, 2011) (Second Initiation Notice).2 On March 18, 2011, the Department selected the two producers/exporters with the largest export volume during the POR as mandatory respondents: HoneyMax and Nexco. See Memorandum to Richard O. Weible, ‘‘Administrative Review of the Antidumping Duty Order on Honey from Argentina: Respondent Selection Memorandum,’’ dated March 18, 2011. On March 18, 2011, the Department issued its antidumping questionnaire to the two mandatory respondents. On April 8, 2011, and pursuant to 19 CFR 351.213(d)(1), the petitioners timely withdrew their request for review of the following companies: (1) Alimentos Naturales-Natural Foods Lavalle, (2) Alma Pura, (3) Apidouro Comercial Exportadora E Importadora Ltda., (4) Bomare S.A., (5) HoneyMax, (6) Interrupcion S.A., (7) Miel Ceta SRL, (8) Nexco, (9) Productos Afer S.A., and (10) Seabird Argentina S.A. On April 8, 2011, and pursuant to 19 CFR 351.213(d)(1), Nexco withdrew its request for review and asked that the Department rescind the review in part. Accordingly, the Department informed interested parties of its intent to rescind the review for the ten companies for which petitioners and Nexco withdrew requests for review, and to select CIPSA and TransHoney as mandatory respondents in place of Nexco and HoneyMax. See 2 In Nexco’s review request, Nexco also requested revocation from the antidumping duty order on honey from Argentina (in part). However, Nexco’s request for revocation in part from the order was inadvertently omitted from the Initiation Notice. Furthermore, certain company names were misspelled in the same Initiation Notice. All errors were corrected in the Second Initiation Notice. E:\FR\FM\07SEN1.SGM 07SEN1 55350 Federal Register / Vol. 76, No. 173 / Wednesday, September 7, 2011 / Notices Memorandum to the Richard O. Weible, ‘‘Administrative Review of the Antidumping Duty Order on Honey from Argentina: Respondent Selection Memorandum,’’ dated May 9, 2011. On May 11, 2011, the Department issued its antidumping questionnaire to CIPSA and TransHoney. 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 covered by 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 customs purposes, the Department’s written description of the merchandise under the order is dispositive. emcdonald on DSK5VPTVN1PROD with NOTICES Rescission, in Part, of Administrative Review Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an administrative review under this section, in whole or in part, if a party that requested a review withdraws the request within 90 days of the date of publication of notice of initiation of the requested review. Based on petitioners’ and respondents’ withdrawal of their requests of administrative review within the 90-day deadline, the Department is rescinding, in part, the antidumping duty administrative review on honey from Argentina for the period December 1, 2009 to November 30, 2010, with respect to the following companies: (1) Alimentos Naturales-Natural Foods Lavalle, (2) Alma Pura, (3) Apidouro Comercial Exportadora E Importadora Ltda., (4) Bomare S.A., (5) HoneyMax, (6) Interrupcion S.A., (7) Miel Ceta SRL, (8) Nexco, (9) Productos Afer S.A., and (10) Seabird Argentina S.A. Extension of Time Limit for Preliminary Results Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), requires the Department to complete the preliminary results of an administrative review within 245 days after the last day of the anniversary month of an order for VerDate Mar<15>2010 17:37 Sep 06, 2011 Jkt 223001 which a review is requested. However, if it is not practicable to complete the review within this time period, section 751(a)(3)(A) of the Act allows the Department to extend the time limit for the preliminary results to a maximum of 365 days after the last day of the anniversary month of an order for which a review is requested. The Department has determined it is not practicable to complete this review within the statutory time limit due to the selection of two new mandatory respondents for this review after the requests for review for the original respondents were withdrawn. The Department requires time to analyze information submitted by the current respondents in this administrative review, and may need to request additional information. Accordingly, the Department is extending the time limit for completion of the preliminary results of this administrative review by 90 days (i.e., to December 1, 2011). 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. Notification Regarding Administrative Protective Orders 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)(3)(A) and 777(i)(1) of the Act. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 Dated: August 30, 2011. Susan H. Kuhbach, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2011–22865 Filed 9–6–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–552–802] Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Extension of Time Limit for the Preliminary Results of the New Shipper Review Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: September 7, 2011. SUMMARY: The Department of Commerce (the ‘‘Department’’) has decided to extend the time limit for the preliminary results of the new shipper review (‘‘NSR’’) of the antidumping duty order on certain frozen warmwater shrimp (‘‘shrimp’’) from the Socialist Republic of Vietnam (‘‘Vietnam’’) to November 9, 2011. The period of review (‘‘POR’’) for this NSR is February 1, 2010, through January 31, 2011. FOR FURTHER INFORMATION CONTACT: Susan Pulongbarit or Seth Isenberg, AD/ CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–4031 and (202) 482–0588, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background The notice announcing the antidumping duty order on shrimp from Vietnam was published in the Federal Register on February 1, 2005.1 On February 28, 2011, pursuant to section 751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (the ‘‘Act’’), and section 351.214(c) of the Department’s regulations, the Department received a NSR request from Thong Thuan Company Limited and its subsidiary company, Thong Thuan Seafood Company Limited (collectively, ‘‘Thong Thuan’’). Thong Thuan certified that it is a producer and exporter of the subject 1 See Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam, 70 FR 5152 (February 1, 2005). E:\FR\FM\07SEN1.SGM 07SEN1

Agencies

[Federal Register Volume 76, Number 173 (Wednesday, September 7, 2011)]
[Notices]
[Pages 55349-55350]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22865]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-357-812]


Honey From Argentina: Notice of Extension of Time Limit for 
Preliminary Results and Partial Rescission of Antidumping Duty 
Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is rescinding in 
part the administrative review of the antidumping duty order on honey 
from Argentina for the period of review (POR) of December 1, 2009, to 
November 30, 2010, with respect to ten 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. Additionally, the Department 
is extending the preliminary results of this administrative review to 
no later than December 1, 2011.

DATES: Effective Date: September 7, 2011.

FOR FURTHER INFORMATION CONTACT: John Drury or Angelica Mendoza, AD/CVD 
Operations, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Room 7850, Washington, DC 20230; telephone 
(202) 482-0195, or (202) 482-3019, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On December 10, 2001, the Department published the antidumping duty 
order on honey from Argentina. See Notice of Antidumping Duty Order: 
Honey From Argentina, 66 FR 63672 (December 10, 2001). On December 1, 
2010, the Department published in the Federal Register its notice of 
opportunity to request an administrative review of this order. See 
Antidumping or Countervailing Duty Order, Finding, or Suspended 
Investigation; Opportunity To Request Administrative Review, 75 FR 
74682 (December 1, 2010). In response, on December 29, 2010, Algodonera 
Avellaneda, S.A. (Algodonera) requested an administrative review of the 
antidumping duty order on honey from Argentina for the POR.
    On December 30, 2010, Nexco S.A. (Nexco) also requested an 
administrative review of the same antidumping duty order for the POR.
    On January 3, 2011, A.G.L.H. S.A., (AGLH) Compa[ntilde][iacute]a 
Inversora Platense S.A. (CIPSA), Industrial Haedo S.A. (Haedo), Mielar 
S.A./Compa[ntilde][iacute]a Ap[iacute]cola Argentina S.A. (Mielar), 
Patagonik S.A. (Patagonik), and TransHoney S.A. (TransHoney) also 
requested administrative reviews.
    Also on January 3, 2011, the American Honey Producers Association 
and Sioux Honey Association (collectively, petitioners) requested an 
administrative review of the same antidumping duty order. Specifically, 
the petitioners requested that the Department conduct an administrative 
review of entries of subject merchandise made by 21 Argentine 
producers/exporters: AGLH, Algodonera, Nexco, Haedo, Mielar, CIPSA, 
Patagonik, and TransHoney were included in the petitioners' request for 
review, as well as HoneyMax S.A. (HoneyMax) and Alma Pura S.A. (Alma 
Pura).\1\
---------------------------------------------------------------------------

    \1\ In addition to the companies listed above, petitioners also 
requested administrative reviews for Asociacion de Cooperativas 
Argentinas (ACA), Alimentos Naturales-Natural Foods Lavalle, 
Apidouro Comerical Exportadora E Importadora Ltda., Bomare S.A., 
Compania Apicola Argentina S.A., El Mana S.A., Interrupcion S.A., 
Miel Ceta SRL, Productos Afer S.A., Seabird Argentina S.A., and 
Villamora S.A.
---------------------------------------------------------------------------

    On January 13, 2011, petitioners withdrew their request for an 
antidumping duty administrative review of honey from Argentina for the 
POR, for ACA. Petitioners noted that ACA is no longer subject to the 
antidumping duty order on honey from Argentina.
    On January 28, 2011, the Department initiated a review of the 20 
companies for which an administrative review was requested. See 
Initiation of Antidumping and Countervailing Duty Administrative 
Reviews, 76 FR 5137 (January 28, 2011) (Initiation Notice).
    On February 2, 2011, Alma Pura submitted a letter certifying that, 
during the POR, it had no shipments, sales, or U.S. entries of subject 
merchandise. Alma Pura requested that the Department rescind the 
administrative review with respect to Alma Pura.
    On February 7, 2011, the Department issued a memorandum to the file 
indicating its intention to limit the number of respondents selected 
for review and to select mandatory respondents based on U.S. Customs 
and Border Protection (CBP) data for U.S. imports of Argentine honey 
during the POR. The Department encouraged all interested parties to 
submit comments regarding the use of CBP entry data for respondent 
selection purposes. See Memorandum to the File through Richard Weible, 
Director, Office 7, AD/CVD Operations, regarding ``Honey from 
Argentina--United States Customs and Border Protection Entry Data for 
Selection of Respondents for Individual Review,'' dated February 7, 
2011.
    On February 24, 2011, the Department published a subsequent 
initiation notice which included corrections to the Initiation Notice 
with respect to honey from Argentina. See Initiation of Antidumping and 
Countervailing Duty Administrative Reviews and Request for Revocation 
in Part, 76 FR 10329 (February 24, 2011) (Second Initiation Notice).\2\
---------------------------------------------------------------------------

    \2\ In Nexco's review request, Nexco also requested revocation 
from the antidumping duty order on honey from Argentina (in part). 
However, Nexco's request for revocation in part from the order was 
inadvertently omitted from the Initiation Notice. Furthermore, 
certain company names were misspelled in the same Initiation Notice. 
All errors were corrected in the Second Initiation Notice.
---------------------------------------------------------------------------

    On March 18, 2011, the Department selected the two producers/
exporters with the largest export volume during the POR as mandatory 
respondents: HoneyMax and Nexco. See Memorandum to Richard O. Weible, 
``Administrative Review of the Antidumping Duty Order on Honey from 
Argentina: Respondent Selection Memorandum,'' dated March 18, 2011. On 
March 18, 2011, the Department issued its antidumping questionnaire to 
the two mandatory respondents.
    On April 8, 2011, and pursuant to 19 CFR 351.213(d)(1), the 
petitioners timely withdrew their request for review of the following 
companies: (1) Alimentos Naturales-Natural Foods Lavalle, (2) Alma 
Pura, (3) Apidouro Comercial Exportadora E Importadora Ltda., (4) 
Bomare S.A., (5) HoneyMax, (6) Interrupcion S.A., (7) Miel Ceta SRL, 
(8) Nexco, (9) Productos Afer S.A., and (10) Seabird Argentina S.A.
    On April 8, 2011, and pursuant to 19 CFR 351.213(d)(1), Nexco 
withdrew its request for review and asked that the Department rescind 
the review in part.
    Accordingly, the Department informed interested parties of its 
intent to rescind the review for the ten companies for which 
petitioners and Nexco withdrew requests for review, and to select CIPSA 
and TransHoney as mandatory respondents in place of Nexco and HoneyMax. 
See

[[Page 55350]]

Memorandum to the Richard O. Weible, ``Administrative Review of the 
Antidumping Duty Order on Honey from Argentina: Respondent Selection 
Memorandum,'' dated May 9, 2011. On May 11, 2011, the Department issued 
its antidumping questionnaire to CIPSA and TransHoney.

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 covered by 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 customs purposes, 
the Department's written description of the merchandise under the order 
is dispositive.

Rescission, in Part, of Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an 
administrative review under this section, in whole or in part, if a 
party that requested a review withdraws the request within 90 days of 
the date of publication of notice of initiation of the requested 
review. Based on petitioners' and respondents' withdrawal of their 
requests of administrative review within the 90-day deadline, the 
Department is rescinding, in part, the antidumping duty administrative 
review on honey from Argentina for the period December 1, 2009 to 
November 30, 2010, with respect to the following companies: (1) 
Alimentos Naturales-Natural Foods Lavalle, (2) Alma Pura, (3) Apidouro 
Comercial Exportadora E Importadora Ltda., (4) Bomare S.A., (5) 
HoneyMax, (6) Interrupcion S.A., (7) Miel Ceta SRL, (8) Nexco, (9) 
Productos Afer S.A., and (10) Seabird Argentina S.A.

Extension of Time Limit for Preliminary Results

    Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the 
Act), requires the Department to complete the preliminary results of an 
administrative review within 245 days after the last day of the 
anniversary month of an order for which a review is requested. However, 
if it is not practicable to complete the review within this time 
period, section 751(a)(3)(A) of the Act allows the Department to extend 
the time limit for the preliminary results to a maximum of 365 days 
after the last day of the anniversary month of an order for which a 
review is requested.
    The Department has determined it is not practicable to complete 
this review within the statutory time limit due to the selection of two 
new mandatory respondents for this review after the requests for review 
for the original respondents were withdrawn. The Department requires 
time to analyze information submitted by the current respondents in 
this administrative review, and may need to request additional 
information. Accordingly, the Department is extending the time limit 
for completion of the preliminary results of this administrative review 
by 90 days (i.e., to December 1, 2011).

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.

Notification Regarding Administrative Protective Orders

    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)(3)(A) 
and 777(i)(1) of the Act.

    Dated: August 30, 2011.
Susan H. Kuhbach,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2011-22865 Filed 9-6-11; 8:45 am]
BILLING CODE 3510-DS-P