Honey From Argentina: Notice of Initiation of Antidumping and Countervailing Duty Changed Circumstances Reviews and Consideration of Revocation of Antidumping and Countervailing Duty Orders, 60105-60106 [2012-24107]

Download as PDF Federal Register / Vol. 77, No. 191 / Tuesday, October 2, 2012 / Notices wreier-aviles on DSK5TPTVN1PROD with NOTICES filing case briefs. Parties who submit arguments are requested to submit with each argument a statement of the issue, a brief summary of the argument, and a table of authorities 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, U.S. Department of Commerce, filed electronically using Import Administration’s Antidumping and Countervailing Duty Centralized Electronic Service System (IA ACCESS). An electronically filed document requesting a hearing must be received successfully in its entirety by the Department’s electronic records system, IA ACCESS, by 5 p.m. Eastern Time within 30 days after the date of publication of this notice.3 Requests should contain the party’s name, address, and telephone number, the number of participants, and a list of the issues to be discussed. If a request for a hearing is made, the Department will inform parties of the scheduled date for the hearing which will be held at the U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, at a time and location to be determined. Parties should confirm by telephone the date, time, and location of the hearing. The Department will issue the final results of this changed circumstances review, which will include the results of its analysis raised in any such written comments, as soon as is practicable, but not later than 270 days after the date on which this review was initiated. See 19 CFR 351.216(e). If the suspended investigation is terminated in the final results of this review, the suspension agreement will also terminate, effective on the date of publication of the notice of final results of the changed circumstances review in the Federal Register. These preliminary results of review and notice are in accordance with sections 751(b) of the Act and 19 CFR 351.216, 351.221(c)(3), and 351.222. Dated: September 27, 2012. Paul Piquado, Assistant Secretary for Import Administration. [FR Doc. 2012–24283 Filed 10–1–12; 8:45 am] BILLING CODE 3510–DS–P 3 See 19 CFR 351.310(c). VerDate Mar<15>2010 15:04 Oct 01, 2012 Jkt 229001 DEPARTMENT OF COMMERCE International Trade Administration [A–357–812, C–357–813] Honey From Argentina: Notice of Initiation of Antidumping and Countervailing Duty Changed Circumstances Reviews and Consideration of Revocation of Antidumping and Countervailing Duty Orders Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: October 2, 2012. 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, at (202) 482–8029 or (202) 482–3019, respectively. SUMMARY: In response to a request by the American Honey Producers Association (AHPA) and the Sioux Honey Association (SHA), the petitioning parties in the original less-than-fairvalue investigation (collectively, petitioners), the Department of Commerce (the Department) is initiating changed circumstances reviews of the antidumping (AD) and countervailing (CVD) duty orders on honey from Argentina. The domestic producers have expressed no further interest in the relief provided by the AD and CVD orders. Interested parties are invited to comment on this notice of initiation. SUPPLEMENTARY INFORMATION: AGENCY: Background On December 10, 2001, the Department published the antidumping and countervailing duty orders on honey from Argentina.1 On July 24, 2012, petitioners requested that the Department revoke the Orders, effective December 1, 2010, based on the domestic U.S. industry’s lack of further interest.2 We received submissions indicating support for revocation of the Orders from respondent parties participating in the ongoing administrative review of the AD Order 1 See Notice of Antidumping Duty Order: Honey from Argentina, 66 FR 63672 (December 10, 2001) (AD Order). See also Notice of Countervailing Duty Order: Honey from Argentina, 66 FR 63673 (December 10, 2001) (CVD Order), (collectively, Orders). 2 See Letter from Petitioners, entitled ‘‘Request for ‘No Interest’ Changed Circumstances Review of the Antidumping and Countervailing Duty Orders on Honey from Argentina,’’ dated July 24, 2012 (CCR Request). PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 60105 for the period December 1, 2010, through November 30, 2011.3 Additionally, from July 24, 2012, through July 25, 2012, we received notifications of withdrawal from the administrative review of the AD Order from petitioners as well as the selected mandatory respondents.4 Based on a review of petitioners’ July 24, 2012, CCR Request, we requested that petitioners resubmit its filing to provide supplemental information and data regarding domestic U.S. honey production. Accordingly, petitioners provided the requested information on August 22, 2012.5 Also in their Supplemental CCR Request, petitioners clarified that the intended date of revocation for the CVD Order is December 1, 2011, not December 1, 2010, as they had previously stated, as there is no ongoing review of the CVD Order for the 2010 through 2011 period. For further discussion of the information provided in these submissions, see the ‘‘Initiation of Changed Circumstances Reviews’’ section below. Scope of the Orders The merchandise covered by the orders 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 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 3 See, e.g., Letter from Villamora S.A. and Apicola Danagie to the Secretary of Commerce, dated July 30, 2012 and Letter from Algodonera Avellaneda, S.A., dated August 3, 2012. 4 See Letter from Companıa Inversora Platense ˜´ S.A. to the Secretary of Commerce, re: ‘‘Honey From Argentina: Withdrawal of Antidumping ˜´ Administrative Review Request of Companıa Inversora Platense S.A.,’’ dated July 24, 2012; see also Letter from Nexco S.A. to the Secretary of Commerce, re: ‘‘Honey from Argentina, 10th Administrative Review (12/1/10–11/30/11); Withdrawal of Review Request,’’ dated July 24, 2012; see also Letter from Petitioners to the Secretary of Commerce, re: ‘‘Tenth Administrative Review of the Antidumping Duty Order on Honey from Argentina—Petitioners’ Withdrawal of Request for Administrative Review,’’ dated July 25, 2012. 5 See Letter from Petitioners, entitled ‘‘Supplement to Petitioners’ Request for a ‘NoInterest’ Changed Circumstances Review of the Antidumping and Countervailing Duty Orders on Honey from Argentina,’’ dated August 22, 2012 (Supplemental CCR Request). E:\FR\FM\02OCN1.SGM 02OCN1 60106 Federal Register / Vol. 77, No. 191 / Tuesday, October 2, 2012 / Notices provided for convenience and customs purposes, the Department’s written description of the merchandise under the orders is dispositive. Initiation of Changed Circumstances Reviews Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended (the Act), the Department will conduct a changed circumstances review upon receipt of a request from an interested party or receipt of information concerning an antidumping or countervailing duty order which shows changed circumstances sufficient to warrant a review of the order.6 Section 351.222(g) of the Department’s regulations provides that the Department will conduct a changed circumstances review under 19 CFR 351.216, and may revoke an order in whole or in part, if it determines that the producers accounting for substantially all of the production of the domestic like product have expressed a lack of interest in the order, in whole or in part.7 In the event that the Department concludes that expedited action is warranted, 19 CFR 351.221(c)(3)(ii) and 19 CFR 351.222(f)(2)(iv) permit the Department to combine the notices of initiation and preliminary results. Based on the information petitioners provided in their CCR Request and Supplemental CCR Request, the Department has determined that changed circumstances sufficient to warrant the reviews exist.8 Both the Act and the Department’s regulations require that ‘‘substantially all’’ domestic producers express a lack of interest in the Order for the Department to revoke.9 The Department has interpreted ‘‘substantially all’’ to represent producers accounting for at least 85 percent of U.S. production of the domestic like product.10 Because the data provided in the petitioners’ request did not indicate that they account for 85 percent of domestic honey production, we are not combining this notice of initiation with a preliminary determination pursuant to 19 CFR 351.221(c)(3)(ii). Interested parties are, therefore, requested to address the issue of industry support in their comments. 6 See also 19 CFR 351.216. section 782(h) of the Act and section 351.222(g)(1) of the Department’s regulations. 8 See 19 CFR 351.216(d). 9 See 782(h) of the Act and 19 CFR 351.222(g). 10 See Certain Orange Juice from Brazil: Preliminary Results of Antidumping Duty Changed Circumstances Review and Intent Not to Revoke, In Part, 73 FR 60241, 60242 (October 10, 2008), unchanged in Certain Orange Juice From Brazil: Final Results of Antidumping Duty Changed Circumstances Review, 74 FR 4733 (January 27, 2009). wreier-aviles on DSK5TPTVN1PROD with NOTICES 7 See VerDate Mar<15>2010 15:04 Oct 01, 2012 Jkt 229001 This notice of initiation will accord all interested parties an opportunity to address these proposed revocations.11 In accordance with section 751(b) of the Act and 19 CFR 351.216, 351.221, and 351.222, based on an affirmative statement of no interest by the domestic parties in continuing the AD and CVD orders with respect to honey from Argentina, as described above, we are initiating these changed circumstances administrative reviews. If, as a result of these reviews, we revoke the Orders, we intend to instruct U.S. Customs and Border Protection (CBP) to end the suspension of liquidation of the subject merchandise on the effective date of the final notice of revocation, and to refund any estimated antidumping duties collected, for all unliquidated entries of such merchandise made on or after December 1, 2010, for the AD Order, and December 1, 2011, for the CVD Order. We will also instruct CBP to pay interest on such refunds in accordance with section 778 of the Act. Public Comment Interested parties are invited to comment on the initiation of these changed circumstances reviews. Parties who submit argument in these proceedings are requested to submit with the argument (1) a statement of the issue, and (2) a brief summary of the argument. All written comments may be submitted by interested parties not later than 5 p.m. Eastern Standard Time within 14 days after the date of publication of this notice in accordance with 19 CFR 351.303, and filed electronically using Import Administration’s Antidumping and Countervailing Duty Centralized Electronic Service System (IA ACCESS). The Department will publish in the Federal Register a notice of preliminary results of these changed circumstances reviews, in accordance with 19 CFR 351.221(c)(3), which will set forth the factual and legal conclusions upon which our preliminary results are based, and a description of any action proposed based on those results. This notice of initiation is in accordance with section 751(b)(1) of the Act, 19 CFR 351.216(b) and (d), and 19 CFR 351.221(b)(1). 11 See, e.g., Certain Corrosion-Resistant Carbon Steel Flat Products and Cut-to-Length Carbon Steel Plate Products from Germany: Initiation of Countervailing Duty Changed Circumstances Reviews, 68 FR 67657 (December 3, 2003), and Stainless Steel Plate in Coils from Italy: Final Results of Countervailing Duty Changed Circumstances Review and Revocation of Countervailing Duty Order, in Whole, 71 FR 15380 (March 28, 2006). PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 Dated: September 24, 2012. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2012–24107 Filed 10–1–12; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Membership of the National Oceanic and Atmospheric Administration Performance Review Board National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC). ACTION: Notice of Membership of the NOAA Performance Review Board. AGENCY: In accordance with 5 U.S.C. 4314(c)(4), NOAA announces the appointment of members who will serve on the NOAA Performance Review Board (PRB). The NOAA PRB is responsible for reviewing performance appraisals and ratings of Senior Executive Service Professional members and making written recommendations to the appointing authority on retention and compensation matters, including performance-based pay adjustments, awarding of bonuses, and reviewing recommendations for potential Presidential Rank Award nominees. The appointment of new members to the NOAA PRB will be for a period of two (2) years. DATES: Effective Date: The effective date of service of the five new appointees to the NOAA Performance Review Board is September 30, 2012. FOR FURTHER INFORMATION CONTACT: Omar Williams, Executive Resources Program Manager, Workforce Management Office, NOAA, 1305 EastWest Highway, Silver Spring, Maryland 20910, (301) 713–6301. SUPPLEMENTARY INFORMATION: The names and positions of the members for the 2012 NOAA PRB are set forth below: Holly A. Bamford, Chair, Deputy Assistant Administrator for Ocean Services and Coastal Zone Management. National Ocean Service. Charles S. Baker, Co-Chair, Deputy Assistant Administrator, National Environmental Satellite, Data and Information Service. Jon P. Alexander, Director, Finance Office/Comptroller. Russell F. Smith III, Deputy Assistant Secretary for International Fisheries. Office of the Under Secretary. Tyra Dent Smith, Deputy Director, Office of Human Resources SUMMARY: E:\FR\FM\02OCN1.SGM 02OCN1

Agencies

[Federal Register Volume 77, Number 191 (Tuesday, October 2, 2012)]
[Notices]
[Pages 60105-60106]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24107]


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DEPARTMENT OF COMMERCE

International Trade Administration

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


Honey From Argentina: Notice of Initiation of Antidumping and 
Countervailing Duty Changed Circumstances Reviews and Consideration of 
Revocation of Antidumping and Countervailing Duty Orders

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

DATES: Effective Date: October 2, 2012.

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, at (202) 482-8029 or 
(202) 482-3019, respectively.
SUMMARY: In response to a request by the American Honey Producers 
Association (AHPA) and the Sioux Honey Association (SHA), the 
petitioning parties in the original less-than-fair-value investigation 
(collectively, petitioners), the Department of Commerce (the 
Department) is initiating changed circumstances reviews of the 
antidumping (AD) and countervailing (CVD) duty orders on honey from 
Argentina. The domestic producers have expressed no further interest in 
the relief provided by the AD and CVD orders. Interested parties are 
invited to comment on this notice of initiation.

SUPPLEMENTARY INFORMATION: 

Background

    On December 10, 2001, the Department published the antidumping and 
countervailing duty orders on honey from Argentina.\1\ On July 24, 
2012, petitioners requested that the Department revoke the Orders, 
effective December 1, 2010, based on the domestic U.S. industry's lack 
of further interest.\2\ We received submissions indicating support for 
revocation of the Orders from respondent parties participating in the 
ongoing administrative review of the AD Order for the period December 
1, 2010, through November 30, 2011.\3\ Additionally, from July 24, 
2012, through July 25, 2012, we received notifications of withdrawal 
from the administrative review of the AD Order from petitioners as well 
as the selected mandatory respondents.\4\
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    \1\ See Notice of Antidumping Duty Order: Honey from Argentina, 
66 FR 63672 (December 10, 2001) (AD Order). See also Notice of 
Countervailing Duty Order: Honey from Argentina, 66 FR 63673 
(December 10, 2001) (CVD Order), (collectively, Orders).
    \2\ See Letter from Petitioners, entitled ``Request for `No 
Interest' Changed Circumstances Review of the Antidumping and 
Countervailing Duty Orders on Honey from Argentina,'' dated July 24, 
2012 (CCR Request).
    \3\ See, e.g., Letter from Villamora S.A. and Apicola Danagie to 
the Secretary of Commerce, dated July 30, 2012 and Letter from 
Algodonera Avellaneda, S.A., dated August 3, 2012.
    \4\ See Letter from Compa[ntilde][iacute]a Inversora Platense 
S.A. to the Secretary of Commerce, re: ``Honey From Argentina: 
Withdrawal of Antidumping Administrative Review Request of 
Compa[ntilde][iacute]a Inversora Platense S.A.,'' dated July 24, 
2012; see also Letter from Nexco S.A. to the Secretary of Commerce, 
re: ``Honey from Argentina, 10th Administrative Review (12/1/10-11/
30/11); Withdrawal of Review Request,'' dated July 24, 2012; see 
also Letter from Petitioners to the Secretary of Commerce, re: 
``Tenth Administrative Review of the Antidumping Duty Order on Honey 
from Argentina--Petitioners' Withdrawal of Request for 
Administrative Review,'' dated July 25, 2012.
---------------------------------------------------------------------------

    Based on a review of petitioners' July 24, 2012, CCR Request, we 
requested that petitioners resubmit its filing to provide supplemental 
information and data regarding domestic U.S. honey production. 
Accordingly, petitioners provided the requested information on August 
22, 2012.\5\ Also in their Supplemental CCR Request, petitioners 
clarified that the intended date of revocation for the CVD Order is 
December 1, 2011, not December 1, 2010, as they had previously stated, 
as there is no ongoing review of the CVD Order for the 2010 through 
2011 period. For further discussion of the information provided in 
these submissions, see the ``Initiation of Changed Circumstances 
Reviews'' section below.
---------------------------------------------------------------------------

    \5\ See Letter from Petitioners, entitled ``Supplement to 
Petitioners' Request for a `No-Interest' Changed Circumstances 
Review of the Antidumping and Countervailing Duty Orders on Honey 
from Argentina,'' dated August 22, 2012 (Supplemental CCR Request).
---------------------------------------------------------------------------

Scope of the Orders

    The merchandise covered by the orders 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 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

[[Page 60106]]

provided for convenience and customs purposes, the Department's written 
description of the merchandise under the orders is dispositive.

Initiation of Changed Circumstances Reviews

    Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended 
(the Act), the Department will conduct a changed circumstances review 
upon receipt of a request from an interested party or receipt of 
information concerning an antidumping or countervailing duty order 
which shows changed circumstances sufficient to warrant a review of the 
order.\6\ Section 351.222(g) of the Department's regulations provides 
that the Department will conduct a changed circumstances review under 
19 CFR 351.216, and may revoke an order in whole or in part, if it 
determines that the producers accounting for substantially all of the 
production of the domestic like product have expressed a lack of 
interest in the order, in whole or in part.\7\ In the event that the 
Department concludes that expedited action is warranted, 19 CFR 
351.221(c)(3)(ii) and 19 CFR 351.222(f)(2)(iv) permit the Department to 
combine the notices of initiation and preliminary results.
---------------------------------------------------------------------------

    \6\ See also 19 CFR 351.216.
    \7\ See section 782(h) of the Act and section 351.222(g)(1) of 
the Department's regulations.
---------------------------------------------------------------------------

    Based on the information petitioners provided in their CCR Request 
and Supplemental CCR Request, the Department has determined that 
changed circumstances sufficient to warrant the reviews exist.\8\ Both 
the Act and the Department's regulations require that ``substantially 
all'' domestic producers express a lack of interest in the Order for 
the Department to revoke.\9\ The Department has interpreted 
``substantially all'' to represent producers accounting for at least 85 
percent of U.S. production of the domestic like product.\10\ Because 
the data provided in the petitioners' request did not indicate that 
they account for 85 percent of domestic honey production, we are not 
combining this notice of initiation with a preliminary determination 
pursuant to 19 CFR 351.221(c)(3)(ii). Interested parties are, 
therefore, requested to address the issue of industry support in their 
comments. This notice of initiation will accord all interested parties 
an opportunity to address these proposed revocations.\11\
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.216(d).
    \9\ See 782(h) of the Act and 19 CFR 351.222(g).
    \10\ See Certain Orange Juice from Brazil: Preliminary Results 
of Antidumping Duty Changed Circumstances Review and Intent Not to 
Revoke, In Part, 73 FR 60241, 60242 (October 10, 2008), unchanged in 
Certain Orange Juice From Brazil: Final Results of Antidumping Duty 
Changed Circumstances Review, 74 FR 4733 (January 27, 2009).
    \11\ See, e.g., Certain Corrosion-Resistant Carbon Steel Flat 
Products and Cut-to-Length Carbon Steel Plate Products from Germany: 
Initiation of Countervailing Duty Changed Circumstances Reviews, 68 
FR 67657 (December 3, 2003), and Stainless Steel Plate in Coils from 
Italy: Final Results of Countervailing Duty Changed Circumstances 
Review and Revocation of Countervailing Duty Order, in Whole, 71 FR 
15380 (March 28, 2006).
---------------------------------------------------------------------------

    In accordance with section 751(b) of the Act and 19 CFR 351.216, 
351.221, and 351.222, based on an affirmative statement of no interest 
by the domestic parties in continuing the AD and CVD orders with 
respect to honey from Argentina, as described above, we are initiating 
these changed circumstances administrative reviews.
    If, as a result of these reviews, we revoke the Orders, we intend 
to instruct U.S. Customs and Border Protection (CBP) to end the 
suspension of liquidation of the subject merchandise on the effective 
date of the final notice of revocation, and to refund any estimated 
antidumping duties collected, for all unliquidated entries of such 
merchandise made on or after December 1, 2010, for the AD Order, and 
December 1, 2011, for the CVD Order. We will also instruct CBP to pay 
interest on such refunds in accordance with section 778 of the Act.

Public Comment

    Interested parties are invited to comment on the initiation of 
these changed circumstances reviews. Parties who submit argument in 
these proceedings are requested to submit with the argument (1) a 
statement of the issue, and (2) a brief summary of the argument. All 
written comments may be submitted by interested parties not later than 
5 p.m. Eastern Standard Time within 14 days after the date of 
publication of this notice in accordance with 19 CFR 351.303, and filed 
electronically using Import Administration's Antidumping and 
Countervailing Duty Centralized Electronic Service System (IA ACCESS).
    The Department will publish in the Federal Register a notice of 
preliminary results of these changed circumstances reviews, in 
accordance with 19 CFR 351.221(c)(3), which will set forth the factual 
and legal conclusions upon which our preliminary results are based, and 
a description of any action proposed based on those results.
    This notice of initiation is in accordance with section 751(b)(1) 
of the Act, 19 CFR 351.216(b) and (d), and 19 CFR 351.221(b)(1).

     Dated: September 24, 2012.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2012-24107 Filed 10-1-12; 8:45 am]
BILLING CODE 3510-DS-P