Honey From Argentina: Final Rescission of Antidumping Duty New Shipper Review, 65670-65671 [2012-26664]
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65670
Federal Register / Vol. 77, No. 210 / Tuesday, October 30, 2012 / Notices
wreier-aviles on DSK7SPTVN1PROD with NOTICES
meaning of the Department’s affiliation
rules.1
Pursuant to the requirements set forth
in section 751(a)(2)(B)(i) of the Tariff
Act of 1930, as amended (the Act), and
19 CFR 351.214(b)(2), Donghua Fine
Chemical certified that (1) it did not
export subject merchandise to the
United States during the period of
investigation (POI) (see section
751(a)(2)(B)(i)(I) of the Act and 19 CFR
351.214(b)(2)(i)); and (2) since the
initiation of the investigation, it has
never been affiliated with any company
that exported subject merchandise to the
United States during the POI, including
those companies not individually
examined during the investigation (see
section 751(a)(2)(B)(i)(II) of the Act and
19 CFR 351.214(b)(2)(iii)(A)).
Furthermore, as required by 19 CFR
351.214(b)(2), Donghua Fine Chemical’s
supplier, Donghua Chemical, provided
certifications that (1) it did not export
the subject merchandise to the United
States during the POI or at any time
following the POI and (2) since the
initiation of the investigation, they have
never been affiliated with any company
that exported subject merchandise to the
United States during the POI, including
those companies not individually
examined during the investigation.
Additionally, in accordance with 19
CFR 351.214(b)(2)(iv), Donghua Fine
Chemical submitted documentation
establishing the following: (1) the date
on which it first shipped subject
merchandise to the United States; (2)
the volume of its first shipment; and (3)
the date of its first sale to an unaffiliated
purchaser for exportation to the United
States.
Initiation of Review
Based on information on the record
and in accordance with section
751(a)(2)(B) of the Act, and 19 CFR
351.214(d), we find that the request
meets the statutory and regulatory
requirements for initiation of a new
shipper review. See Memorandum to
the File, through Angelica L. Mendoza,
Program Manager, Antidumping and
Countervailing Duty Operations, Office
7, regarding ‘‘Initiation of the
Antidumping Duty New Shipper
Review: Glycine from the People’s
Republic of China,’’ dated October 23,
2012 (NSR Initiation Checklist).
Accordingly, we are initiating a new
shipper review of the antidumping duty
order on glycine from the PRC exported
by Donghua Fine Chemical, for the
period March 1, 2012, through August
31, 2012.
However, the Department has
concerns with certain other information
contained within the entry data received
from U.S. Customs and Border
Protection (CBP). Due to the business
proprietary nature of this information,
please refer to the NSR Initiation
Checklist for further discussion. The
Department intends to address this issue
after initiation of the new shipper
review. If the Department subsequently
determines, based on information
collected, that a new shipper review for
Donghua Fine Chemical is not
warranted, the Department expects to
rescind the review or apply facts
available pursuant to section 776 of the
Act, as appropriate.
We intend to issue the preliminary
results of this review no later than 180
days after the date on which this review
is initiated, and the final results within
90 days after the date on which we issue
the preliminary results. See section
751(a)(2)(B)(iv) of the Act and 19 CFR
351.214(h)(i).
We will instruct CBP to allow, at the
option of the importer, the posting, until
the completion of the review, of a bond
or security in lieu of a cash deposit for
certain entries of the subject
merchandise exported and produced by
Donghua Fine Chemical in accordance
with section 751(a)(2)(B)(iii) of the Act
and 19 CFR 351.214(e). Because
Donghua Fine Chemical certified that it
exports the subject merchandise, the
sale of which forms the basis for its new
shipper review request, we will instruct
CBP to permit the use of a bond only for
entries of subject merchandise which
Donghua Fine Chemical exported.
Interested parties may submit
applications for disclosure under
administrative protective order in
accordance with 19 CFR 351.305 and
351.306.
This initiation and this notice are
issued and published in accordance
with section 751(a)(2)(B) of the Act and
19 CFR 351.214 and 351.221(c)(1)(i).
Dated: October 23, 2012.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2012–26671 Filed 10–29–12; 8:45 am]
13:17 Oct 29, 2012
Jkt 229001
International Trade Administration
[A–357–812]
Honey From Argentina: Final
Rescission of Antidumping Duty New
Shipper Review
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: October 30, 2012.
SUMMARY: On July 31, 2012, the
Department of Commerce (the
‘‘Department’’) published a notice of
preliminary rescission of the new
shipper review (‘‘NSR’’) of D’Ambros
´
Marıa de los Angeles and D’Ambros
´
Marıa Daniela SH, an Argentine
´
partnership doing business as Apıcola
Danangie (‘‘Danangie’’), under the
antidumping duty order on honey from
Argentina for the period of December 1,
2010, through November 30, 2011.1 We
invited interested parties to comment on
our preliminary rescission. We did not
receive comments from any party. As
discussed below, based on our analysis
of the record, the Department has
determined that Danangie did not
satisfy the regulatory requirements for a
NSR; therefore, we are rescinding this
NSR.
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:
AGENCY:
Background
We published the notice of
preliminary rescission of this new
shipper review on July 31, 2012.2 In the
Preliminary Rescission, the Department
found that Danangie, based on the
company’s own submission to the
Department, did make a sale of subject
merchandise which was shipped to the
United States prior to the current new
shipper period, and therefore, did not
qualify for a NSR.3 The complete
discussion of the Department’s decision
to preliminarily rescind the NSR was set
forth in its preliminary analysis
memorandum, dated July 31, 2012.4 We
BILLING CODE 3510–DS–P
1 See Honey from Argentina: Preliminary
Rescission of Antidumping Duty New Shipper
Review, 77 FR 45334 (July 31, 2012) (Preliminary
Rescission).
2 See Preliminary Rescission.
3 See Preliminary Rescission at 45334.
4 See Memorandum to Angelica L. Mendoza, AD/
CVD Operations, Office 7, entitled ‘‘Preliminary
1 See 771(33) of the Act and section 351.102(b)(3)
of the Department’s Regulations.
VerDate Mar<15>2010
DEPARTMENT OF COMMERCE
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Federal Register / Vol. 77, No. 210 / Tuesday, October 30, 2012 / Notices
invited interested parties to comment on
our preliminary rescission of this NSR.
No party submitted comments.
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.
wreier-aviles on DSK7SPTVN1PROD with NOTICES
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 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 of the Antidumping Duty
New Shipper Review
The NSR provisions of the
Department’s regulations require that
the entity making a request for an 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.5 The
Department has not acquired nor
received any additional information that
would alter our preliminary
determination that Danangie, having
sold subject merchandise prior to the
new shipper review period, does not
qualify for a NSR in accordance with 19
CFR 351.241(c), as Danangie failed to
certify to and document its first entry of
subject merchandise (honey) into the
United States. Furthermore, since the
publication of the Preliminary
Rescission, the Department solicited
Analysis of Apicola Danangie’s Entries in the
Antidumping Duty New Shipper Review of Honey
from Argentina,’’ dated July 31, 2012.
5 See 19 CFR 351.214(b)(2)(iv).
VerDate Mar<15>2010
13:17 Oct 29, 2012
Jkt 229001
comments from interested parties
regarding the intended rescission of the
NSR for Danangie; the Department
received no comments.
Because we find Danagie did not have
a qualifying, first entry during the new
shipper period, we find that there is no
qualifying sale to review. As such, we
are rescinding this NSR. Accordingly,
the all-others antidumping duty margin
of 30.24 percent still applies for
shipments of honey exported by
Danangie for the period December 1,
2010, through November 30, 2011. We
note that the Department revoked the
antidumping duty order on honey from
Argentina on September 21, 2012, with
revocation effective August 2, 2012.6
Therefore, and as discussed below, we
are rescinding this NSR and terminating
suspension and the collection of cash
deposits.
Assessment Rate
The Department shall determine, and
U.S. Customs and border Protection
(‘‘CBP’’) shall assess, antidumping
duties on all appropriate entries.
Because we are rescinding this NSR, the
all others rate of 30.24 percent applies
to all exports of honey exported by
Danangie. 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, 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
antidumping order covering the period
December 1, 2010, through November
30, 2011.
65671
liquidation or antidumping duty deposit
requirements.
Notification to Importers
This notice serves as a 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 rescission notice are
published in accordance with sections
751(a)(2)(B) and 777(i) of the Act, as
amended and 19 CFR 351.214(f).
Dated: October 22, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
[FR Doc. 2012–26664 Filed 10–29–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–968]
Aluminum Extrusions From the
People’s Republic of China: Notice of
Partial Rescission of Countervailing
Duty Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: October 30, 2012.
FOR FURTHER INFORMATION CONTACT:
Kristen Johnson or Robert Copyak AD/
CVD Operations, Office 3, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–4793or (202) 482–
2209, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Termination of Suspension of
Liquidation
As noted above, the Department
revoked the antidumping duty order on
honey from Argentina effective August
2, 2012. See Revocation. Pursuant to
revocation of the order, the Department
instructed CBP, on October 9, 2012, to
terminate suspension of liquidation and
collection of cash deposits on entries of
the subject merchandise entered, or
withdrawn from warehouse, on or after
August 2, 2012. Accordingly, entries of
subject merchandise on or after August
2, 2012, are not subject to suspension of
Background
On May 1, 2012, the Department of
Commerce (the Department) published a
notice of opportunity to request an
administrative review of the
countervailing duty order on aluminum
extrusions from the People’s Republic of
China (PRC).1 Pursuant to requests from
interested parties, the Department
published in the Federal Register the
notice of initiation of this antidumping
6 See Honey From Argentina; Final Results of
Sunset Reviews and Revocation of Antidumping
Duty and Countervailing Duty Orders, 77 FR 58524
(September 21, 2012) (‘‘Revocation’’).
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review, 77 FR 25679
(May 1, 2012).
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]]>Agencies
[Federal Register Volume 77, Number 210 (Tuesday, October 30, 2012)]
[Notices]
[Pages 65670-65671]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26664]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-357-812]
Honey From Argentina: Final Rescission of Antidumping Duty New
Shipper Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: October 30, 2012.
SUMMARY: On July 31, 2012, the Department of Commerce (the
``Department'') published a notice of preliminary rescission of the new
shipper review (``NSR'') of 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''), under the
antidumping duty order on honey from Argentina for the period of
December 1, 2010, through November 30, 2011.\1\ We invited interested
parties to comment on our preliminary rescission. We did not receive
comments from any party. As discussed below, based on our analysis of
the record, the Department has determined that Danangie did not satisfy
the regulatory requirements for a NSR; therefore, we are rescinding
this NSR.
---------------------------------------------------------------------------
\1\ See Honey from Argentina: Preliminary Rescission of
Antidumping Duty New Shipper Review, 77 FR 45334 (July 31, 2012)
(Preliminary Rescission).
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
We published the notice of preliminary rescission of this new
shipper review on July 31, 2012.\2\ In the Preliminary Rescission, the
Department found that Danangie, based on the company's own submission
to the Department, did make a sale of subject merchandise which was
shipped to the United States prior to the current new shipper period,
and therefore, did not qualify for a NSR.\3\ The complete discussion of
the Department's decision to preliminarily rescind the NSR was set
forth in its preliminary analysis memorandum, dated July 31, 2012.\4\
We
[[Page 65671]]
invited interested parties to comment on our preliminary rescission of
this NSR. No party submitted comments.
---------------------------------------------------------------------------
\2\ See Preliminary Rescission.
\3\ See Preliminary Rescission at 45334.
\4\ See 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 July 31, 2012.
---------------------------------------------------------------------------
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 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
the order is dispositive.
Rescission of the Antidumping Duty New Shipper Review
The NSR provisions of the Department's regulations require that the
entity making a request for an 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.\5\ The Department has not
acquired nor received any additional information that would alter our
preliminary determination that Danangie, having sold subject
merchandise prior to the new shipper review period, does not qualify
for a NSR in accordance with 19 CFR 351.241(c), as Danangie failed to
certify to and document its first entry of subject merchandise (honey)
into the United States. Furthermore, since the publication of the
Preliminary Rescission, the Department solicited comments from
interested parties regarding the intended rescission of the NSR for
Danangie; the Department received no comments.
---------------------------------------------------------------------------
\5\ See 19 CFR 351.214(b)(2)(iv).
---------------------------------------------------------------------------
Because we find Danagie did not have a qualifying, first entry
during the new shipper period, we find that there is no qualifying sale
to review. As such, we are rescinding this NSR. Accordingly, the all-
others antidumping duty margin of 30.24 percent still applies for
shipments of honey exported by Danangie for the period December 1,
2010, through November 30, 2011. We note that the Department revoked
the antidumping duty order on honey from Argentina on September 21,
2012, with revocation effective August 2, 2012.\6\ Therefore, and as
discussed below, we are rescinding this NSR and terminating suspension
and the collection of cash deposits.
---------------------------------------------------------------------------
\6\ See Honey From Argentina; Final Results of Sunset Reviews
and Revocation of Antidumping Duty and Countervailing Duty Orders,
77 FR 58524 (September 21, 2012) (``Revocation'').
---------------------------------------------------------------------------
Assessment Rate
The Department shall determine, and U.S. Customs and border
Protection (``CBP'') shall assess, antidumping duties on all
appropriate entries. Because we are rescinding this NSR, the all others
rate of 30.24 percent applies to all exports of honey exported by
Danangie. 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, 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 antidumping order covering the
period December 1, 2010, through November 30, 2011.
Termination of Suspension of Liquidation
As noted above, the Department revoked the antidumping duty order
on honey from Argentina effective August 2, 2012. See Revocation.
Pursuant to revocation of the order, the Department instructed CBP, on
October 9, 2012, to terminate suspension of liquidation and collection
of cash deposits on entries of the subject merchandise entered, or
withdrawn from warehouse, on or after August 2, 2012. Accordingly,
entries of subject merchandise on or after August 2, 2012, are not
subject to suspension of liquidation or antidumping duty deposit
requirements.
Notification to Importers
This notice serves as a 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 rescission notice are published in accordance with
sections 751(a)(2)(B) and 777(i) of the Act, as amended and 19 CFR
351.214(f).
Dated: October 22, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-26664 Filed 10-29-12; 8:45 am]
BILLING CODE 3510-DS-P
