Honey From Argentina: Preliminary Rescission of Antidumping Duty New Shipper Review, 45334-45335 [2012-18679]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 77, Number 147 (Tuesday, July 31, 2012)]
[Notices]
[Pages 45334-45335]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-18679]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-357-812]


Honey From Argentina: Preliminary Rescission of Antidumping Duty 
New Shipper Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

DATES: Effective Date: July 31, 2012.

SUMMARY: The Department of Commerce (the ``Department'') is currently 
conducting a new shipper review (``NSR'') of the antidumping duty order 
on honey from Argentina for the period of December 1, 2010, through 
November 30, 2011. As discussed below, we preliminarily determine that 
the exporter D'Ambros Mar[iacute]a de los Angeles and D'Ambros 
Mar[iacute]a Daniela SH, an Argentine partnership doing business as 
Ap[iacute]cola Danangie (``Danangie'') did not satisfy the regulatory 
requirements for an NSR; therefore, we are preliminarily rescinding 
this NSR. We invite interested parties to comment on this preliminary 
rescission of review. See ``Comments'' section below.

FOR FURTHER INFORMATION CONTACT: Patrick Edwards 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-
8029 or (202) 482-3019, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The antidumping duty order on honey from Argentina was published on 
December 10, 2001.\1\ On January 3, 2012, the Department received a 
timely filed request for a NSR from Danangie.\2\ On January 25, 2012, 
the Department initiated this NSR. See Honey from Argentina: Notice of 
Initiation of Antidumping New Shipper Review, 77 FR 4763 (January 31, 
2012) (``Initiation Notice''). Along with the Initiation Notice, the 
Department released its Initiation Checklist. See Memorandum to the 
File, through Angelica L. Mendoza, Program Manager, regarding 
``Initiation of the Antidumping Duty New Shipper Review: Honey from 
Argentina,'' dated January 25, 2012 (``Initiation Checklist''). While 
the Department found that Danangie met the regulatory and statutory 
requirements for the initiation of a NSR in accordance with section 
751(a)(2)(B) of the Tariff Act of 1930, as amended (``the Act''), and 
19 CFR 351.214(d), the Department noted in the Initiation Notice that 
it had concerns with certain information contained within the entry 
data received from U.S. Customs and Border Protection (``CBP''). Due to 
the business proprietary nature of this information, details of the 
Department's concerns are discussed in the Initiation Checklist. The 
Department further noted that it intended to address this issue after 
initiation of the NSR and that, if based on information collected, it 
determined that an NSR for Danangie was not warranted, the Department 
may rescind the review or apply facts available pursuant to section 776 
of the Act, as appropriate.
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    \1\ See Notice of Antidumping Duty Order: Honey From Argentina, 
66 FR 63672 (December 10, 2001).
    \2\ We note that January 3, 2012 was the first business day 
following the deadline of December 31, 2012.
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    On February 23, 2012, the Department issued the antidumping 
questionnaire to Danangie. On March 15, 2012, Danangie submitted its 
response to section A of the Department's questionnaire. On April 5, 
2012, the Department received Danangie's responses to sections B and C 
of the questionnaire. On May 25, 2012, the Department issued a 
supplemental questionnaire to Danangie concerning, among other things, 
Danangie's organization, ownership, and sales history. Danangie 
submitted its response to the Department's supplemental questionnaire 
on June 19, 2012.
    Following a review of Danangie's supplemental response, and due to 
the continued concern over certain information found in the entry data 
provided by CBP prior to initiation, on June 21, 2012, we requested 
that Danangie review its sales records to ensure that a previous sale 
of honey was not made by the company prior to the current NSR period. 
On July 5, 2012, Danagie filed on the record of this NSR a letter 
stating that Danangie did make a prior sale of subject merchandise 
which was shipped to the United States.

Period of Review

    Pursuant to 19 CFR 351.214(g), the period of review (``POR'') for 
this NSR is the annual period of December 1, 2010, through November 30, 
2011.

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

[[Page 45335]]

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.

Preliminary Rescission of the Antidumping New Shipper Review of 
Danangie

    The NSR provisions of the Department's regulations require that the 
entity making a request for a NSR must document and certify, among 
other things: (1) The date on which subject merchandise of the exporter 
or producer making the request was first entered or withdrawn from 
warehouse, for consumption, or, if it cannot establish the date of 
first entry, the date on which the exporter or producer first shipped 
the merchandise for export to the United States; (2) the volume of that 
and subsequent shipments; and (3) the date of the first sale to an 
unaffiliated customer in the United States. See 19 CFR 
351.214(b)(2)(iv). If these provisions, among others, are met, the 
Department will initiate a NSR to establish an individual weighted-
average dumping margin for the new shipper. See generally 19 CFR 
351.214(b)(2).
    In its request for a NSR, Danangie provided certified statements 
that the first entry of its subject merchandise into the United States 
occurred during the POR. See Letter from Danangie to the Secretary of 
Commerce, entitled ``Request for New Shipper Review of Honey From 
Argentina: Ap[iacute]cola Danangie,'' dated December 31, 2011. Based on 
this information, the Department initiated the NSR for Danangie. See 
Initiation Notice.
    However, as noted in the Initiation Notice and the Initiation 
Checklist, based on an analysis of CBP data, the CBP Entry Documents, 
and Danangie's supplemental questionnaire responses, the Department has 
determined that Danangie had a prior shipment of subject merchandise to 
the United States. As noted, in order to qualify for a NSR under 19 CFR 
351.214, a company must certify and document among other things, the 
date of the first entry of its subject merchandise or date of first 
shipment and the volume of that and subsequent shipments to the United 
States. Id. Further, a request for an NSR must be made within one year 
of the date of the first entry (or if appropriate, first shipment for 
export to the United States). See 19 CFR 351.214(c). Because record 
evidence shows that Danangie did not report its first shipment of 
subject merchandise in its request for a NSR, and did not meet the 
deadline requirements of section 351.214(c) of the Department's 
regulations, the Department has preliminarily found that Danangie's 
request does not satisfy the regulatory requirements for an NSR, and 
thus the Department preliminarily determines that it is appropriate to 
rescind the NSR for Danangie. As much of the factual information used 
in our analysis for the rescission of Danangie's NSR involves business 
proprietary information, a full discussion of the basis for our 
preliminary rescission of this review is set forth in the Memorandum to 
Angelica L. Mendoza, AD/CVD Operations, Office 7, entitled 
``Preliminary Analysis of Apicola Danangie's Entries in the Antidumping 
Duty New Shipper Review of Honey from Argentina,'' dated concurrently 
with this notice.

Assessment Rate

    If the Department proceeds to a final rescission of Danangie's NSR, 
the assessment rate to which Danangie's shipments will be subject will 
not be affected pursuant to such rescission. The assessment rate for 
Danangie's shipments, however, could change as the Department is 
conducting an administrative review of the antidumping duty order on 
honey from Argentina covering Danangie and the period of December 1, 
2010, through November 30, 2011. Thus, if we proceed to a final 
rescission, we will instruct CBP to continue to suspend entries during 
the period December 1, 2010, through November 30, 2011, of subject 
merchandise exported by Danangie until CBP receives instructions 
relating to the administrative review of the honey order covering the 
period December 1, 2010, through November 30, 2011.

Cash Deposit Requirements

    If the Department proceeds to a final rescission, effective upon 
publication of the final rescission of the NSR, we will instruct CBP to 
discontinue the option of posting a bond or security in lieu of a cash 
deposit for entries of subject merchandise exported by Danangie. Also, 
if we proceed to a final rescission of the NSR, the cash deposit rate 
will continue to be the all other's rate for entries exported by 
Danangie.

Disclosure

    We will disclose our analysis memorandum to the parties to this 
proceeding not later than five days after the date of public 
announcement, or, if there is no public announcement, within five days 
of the date of publication of this notice. See 19 CFR 351.224(b).

Comments

    Interested parties are invited to comment on this preliminary 
rescission of review and may submit case briefs within 30 days of the 
date of publication of this notice, unless otherwise notified by the 
Department. See 19 CFR351.309(c)(ii). Rebuttal briefs, limited to 
issues raised in the case briefs, will be due five days later, pursuant 
to 19 CFR 351.309(d). Parties are requested to provide a summary of 
their arguments not to exceed five pages, and a table of the statutes, 
regulations, and cases cited.
    Interested parties who wish to request a hearing, or to participate 
if one is requested, must submit a written request to the Assistant 
Secretary for Import Administration within 30 days of the date of 
publication of this notice. Requests should contain: (1) The party's 
name, address, and telephone number; (2) the number of participants; 
and (3) a list of issues to be discussed. See 19 CFR 351.310(c). Issues 
raised in the hearing will be limited to those raised in case and 
rebuttal briefs. The Department will issue the final rescission or 
final results of this NSR, including the results of our analysis of 
issues raised in any briefs, not later than 90 days after this 
preliminary rescission is issued, unless the deadline for the final 
rescission or final results is extended. See 19 CFR 351.214(i).

Notification to Importers

    This notice serves as a preliminary reminder to the importers of 
their responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    The NSR and notice are in accordance with sections 751(a)(2)(B) and 
777(i) of the Act, as amended and 19 CFR 351.214(f).

    Dated: July 23, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-18679 Filed 7-30-12; 8:45 am]
BILLING CODE 3510-DS-P