Honey From Argentina; Antidumping and Countervailing Duty Changed Circumstances Reviews; Preliminary Intent To Revoke Antidumping and Countervailing Duty Orders, 67790-67792 [2012-27678]
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67790
Notices
Federal Register
Vol. 77, No. 220
Wednesday, November 14, 2012
This section of the FEDERAL REGISTER
contains documents other than rules or
proposed rules that are applicable to the
public. Notices of hearings and investigations,
committee meetings, agency decisions and
rulings, delegations of authority, filing of
petitions and applications and agency
statements of organization and functions are
examples of documents appearing in this
section.
DEPARTMENT OF COMMERCE
emcdonald on DSK67QTVN1PROD with NOTICES
Submission for OMB Review;
Comment Request
The Department of Commerce will
submit to the Office of Management and
Budget (OMB) for clearance the
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act (44 U.S.C.
Chapter 35).
Agency: National Oceanic and
Atmospheric Administration (NOAA).
Title: Socioeconomics of Commercial
Fishers and For Hire Diving and Fishing
Operations in the Flower Garden Banks
National Marine Sanctuary.
OMB Control Number: 0648–0597.
Form Number(s): NA.
Type of Request: Regular submission
(extension of a current information
collection).
Number of Respondents: 27.
Average Hours per Response: 3.
Burden Hours: 80.
Needs and Uses: This request is for an
extension of a currently approved
information collection.
The National Marine Sanctuaries Act
(16 USC 1431, et seq.) authorizes the use
of research and monitoring within
National Marine Sanctuaries (NMS). In
1996, the Flower Gardens Bank National
Marine Sanctuary (FGBNMS) was added
to the system of NMS via 15 CFR part
922, subpart L. In 2001, Stetson Bank
was added in a revision of 15 CFR part
922.
The National Marine Sanctuaries Act
(NMSA) specifies that each NMS should
revise their management plans on a fiveyear cycle. The FGBNMS has begun the
management plan review process. The
NMSA also allows for the creation of
Sanctuary Advisory Councils (SACs).
SACs are comprised of representatives
of all NMS stakeholders. Management
Plan Review (MPR) is a public process
and the SACs, along with a series of
public meetings, are used to help scope
out issues in revising the management
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14:41 Nov 13, 2012
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plans and regulations. SAC Working
Groups are often used to evaluate
management or regulatory alternatives.
In the current MPR for the FGBNMS,
two major issues have emerged:
Boundary expansion and research-only
areas. In addition, several new or
modified regulations are being
considered to meet specific needs for
diver safety and resource protection (no
anchoring/mooring buoy use
requirement and a more stringent
pollution discharge regulation).
To address each one these issues, a
socioeconomic panel composed of
NOAA staff and social scientists from
other agencies, or from universities,
developed information and tools to
assess the socioeconomic impacts of
management strategies and regulatory
alternatives. The information and tools
developed in this process will also
provide the necessary information for
meeting agency requirements for
socioeconomic impact analyses under
the National Environmental Policy Act
(NEPA), Executive Order 12086
(Regulatory Impact Review) and an
Initial and Final Regulatory Flexibility
Analyses (impacts on small businesses).
Our initial plan, as the first step in the
assessment process, was to interview
three key sanctuary user groups—
commercial fishers, for-hire recreational
dive operations and for-hire recreational
fishing operations (charter and party/
head boat operations)—with questions
focusing on: (1) general information,
economic information and trip costs and
(2) knowledge, attitudes and
perceptions of sanctuary management
strategies and regulations.
In 2011–2012, the for-hire dive and
fishing industry interviews were
completed. The commercial fisheries
interviews were not begun due to lack
of funding; we have the funding now
and expect to complete these
interviews. The for-hire dive and fishing
industries are dynamic with entry and
exit of businesses. We estimate the
possibility of up to four new businesses
over the next three years.
Affected Public: Business or other forprofit organizations.
Frequency: One time.
Respondent’s Obligation: Voluntary.
OMB Desk Officer:
OIRA_Submission@omb.eop.gov.
Copies of the above information
collection proposal can be obtained by
calling or writing Jennifer Jessup,
PO 00000
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Departmental Paperwork Clearance
Officer, (202) 482–0336, Department of
Commerce, Room 6616, 14th and
Constitution Avenue NW., Washington,
DC 20230 (or via the Internet at
JJessup@doc.gov).
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to
OIRA_Submission@omb.eop.gov.
Dated: November 8, 2012.
Gwellnar Banks,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. 2012–27621 Filed 11–13–12; 8:45 am]
BILLING CODE 3510–NK–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–357–812, C–357–813]
Honey From Argentina; Antidumping
and Countervailing Duty Changed
Circumstances Reviews; Preliminary
Intent To Revoke Antidumping and
Countervailing Duty Orders
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: November 14,
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: On October 2, 2012, in
response to a request by domestic
producers of the subject merchandise,
the Department of Commerce (the
Department) published a notice of
initiation of changed circumstances
reviews of the antidumping and
countervailing duty orders on honey
from Argentina.1 In the Initiation
Notice, we invited interested parties to
comment on the Department’s initiation.
AGENCY:
1 See Honey from Argentina: Notice of Initiation
of Antidumping and Countervailing Duty Changed
Circumstances Reviews and Consideration of
Revocation of Antidumping and Countervailing
Duty Orders, 77 FR 60105 (October 2, 2012)
(Initiation Notice).
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Federal Register / Vol. 77, No. 220 / Wednesday, November 14, 2012 / Notices
We received no comments from
domestic parties. Therefore, we
preliminarily conclude that producers
accounting for substantially all of the
production of the domestic like product
to which these orders pertain lack
interest in the relief provided by the
antidumping and countervailing duty
orders. Accordingly, we are notifying
the public of our preliminary intent to
revoke the antidumping duty order, in
whole, with respect to products entered,
or withdrawn from warehouse, for
consumption on or after December 1,
2010, and the countervailing duty order,
in whole, with respect to products
entered, or withdrawn from warehouse,
for consumption on or after December 1,
2011, because domestic parties have
expressed no interest in the
continuation of the orders after these
dates.
SUPPLEMENTARY INFORMATION:
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
provided for convenience and customs
purposes, the Department’s written
description of the merchandise under
the orders is dispositive.
Background
Preliminary Results of Reviews and
Intent To Revoke, in Whole, the Orders
Pursuant to section 751(d)(1) of the
Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.222(g), the Department
may revoke an antidumping or
countervailing duty order, in whole or
in part, based on a review under section
751(b) of the Act (i.e., a changed
circumstances review). Section 751(b)(1)
of the Act requires a changed
circumstances review to be conducted
upon receipt of a request which shows
changed circumstances sufficient to
warrant a review. Section 782(h)(2) of
the Act gives the Department the
authority to revoke an order if producers
accounting for substantially all of the
production of the domestic like product
have expressed a lack of interest in the
continuation of the order. 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 concludes that (i)
producers accounting for substantially
all of the production of the domestic
like product to which the order pertains
have expressed a lack of interest in the
relief provided by the order, in whole or
in part, or (ii) if other changed
circumstances sufficient to warrant
revocation exist. Both the Act and the
Department’s regulations require that
‘‘substantially all’’ domestic producers
express a lack of interest in the order(s)
for the Department to revoke.6 The
Department has interpreted
‘‘substantially all’’ to represent
producers accounting for at least 85
emcdonald on DSK67QTVN1PROD with NOTICES
On December 10, 2001, the
Department published the antidumping
and countervailing duty orders on
honey from Argentina.2 On July 24,
2012, the American Honey Producers
Association and the Sioux Honey
Association (collectively, petitioners)
requested that the Department revoke
the AD Order, effective December 1,
2010, based on the domestic U.S.
industry’s lack of further interest.3 On
August 22, 2012, the petitioners
requested that the Department revoke
the CVD Order, effective December 1,
2011, again based on their lack of
further interest in these proceedings.4
On October 2, 2012, the Department
published a notice of initiation of
changed circumstances reviews of the
Orders on honey from Argentina.5 In the
Initiation Notice, we invited interested
parties to comment on the Department’s
initiation. We did not receive comments
from any interested party expressing
opposition to the changed
circumstances reviews nor to the
possible revocation of the Orders.
2 See Notice of Antidumping Duty Order: Honey
from Argentina, 66 FR 63672 (December 10, 2001)
(AD Order) and Notice of Countervailing Duty
Order: Honey from Argentina, 66 FR 63673
(December 10, 2001) (CVD Order), (collectively,
Orders).
3 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).
4 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).
5 See Initiation Notice.
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6 See section 782(h) of the Act and 19 CFR
351.222(g).
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67791
percent of U.S. production of the
domestic like product.7
As noted above and in the Initiation
Notice, the petitioners requested the
revocation of these orders because they
are no longer interested in maintaining
the Orders or in the imposition of duties
on the subject merchandise as of
December 1, 2010 (AD), and December
1, 2011 (CVD). Because the Department
did not receive any comments during
the comment period opposing initiation
of the changed circumstances review of
the Orders on honey from Argentina, we
preliminarily conclude that producers
accounting for substantially all of the
production of the domestic like product,
to which these orders pertain, lack
interest in the relief provided by the
Orders.
In accordance with 19 CFR
351.222(g), the Department
preliminarily determines that there is a
reasonable basis to believe that changed
circumstances exist sufficient to warrant
revocation of the Orders. Therefore, the
Department is notifying the public of its
preliminary intent to revoke the Orders
on honey from Argentina, in whole.
Unless the Department receives
opposition within the time limit set
forth below from domestic producers
whose production, cumulatively, totals
more than 15 percent of the domestic
like product, the Department will
revoke the Orders on honey from
Argentina in its final results of review.
If, as a result of these reviews, we
revoke the Orders, we intend to instruct
U.S. Customs and Border Protection
(CBP) to terminate suspension of
liquidation effective December 1, 2010,
for the AD Order, and December 1, 2011,
for the CVD Order. The suspension of
liquidation of estimated antidumping
and countervailing duties on the subject
merchandise will continue as
appropriate for the period December 1,
2010, through August 2, 2012, and
December 1, 2011, through August 2,
2012, respectively, unless, and until, we
publish a final determination to revoke
the Orders in whole.8 There is no
requirement for a cash deposit of
estimated antidumping and
7 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); see also 19 CFR 351.208(c).
8 The Department revoked the Orders under fiveyear sunset reviews on September 21, 2012,
pursuant to 19 CFR 351.218(d)(1)(iii), effective
August 2, 2012. See Honey From Argentina; Final
Results of Sunset Reviews and Revocation of
Antidumping Duty and Countervailing Duty Orders,
77 FR 58524 (September 21, 2012).
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67792
Federal Register / Vol. 77, No. 220 / Wednesday, November 14, 2012 / Notices
countervailing duties on the subject
merchandise for entries on or after
August 2, 2012, pursuant to the recent
sunset of the Orders.9
Public Comment
Interested parties may submit case
briefs not later than 14 days after the
date of publication of this notice.10
Rebuttal briefs, which must be limited
to issues raised in such case briefs, may
be filed not later than 19 days after the
date of publication of this notice.11
Parties who submit arguments are
requested to submit with the argument
(1) a statement of the issue, (2) a brief
summary of the argument, and (3) a
table of authorities. Any interested party
may request a hearing within 7 days of
publication of this notice.12 Any
hearing, if requested, may be held 21
days after the date of publication of this
notice, or the first working day
thereafter, as practicable. Consistent
with 19 CFR 351.216(e), we will issue
the final results of these changed
circumstances reviews not later than
270 days after the date on which these
reviews were initiated.
This notice is published in
accordance with section 751(b)(1) of the
Act and 19 CFR 351.216, 351.221(c)(3),
and 351.222.
Dated: November 5, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
[FR Doc. 2012–27678 Filed 11–13–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Proposed Information Collection;
Comment Request; Northeast Region
Permit Family of Forms
National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice.
AGENCY:
The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
emcdonald on DSK67QTVN1PROD with NOTICES
SUMMARY:
9 Id.
10 See
19 CFR 351.309(c)(ii).
19 CFR 351.309(d).
12 See 19 CFR 351.310(c).
11 See
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14:41 Nov 13, 2012
Jkt 229001
Written comments must be
submitted on or before January 14, 2013.
ADDRESSES: Direct all written comments
to Jennifer Jessup, Departmental
Paperwork Clearance Officer,
Department of Commerce, Room 6616,
14th and Constitution Avenue NW.,
Washington, DC 20230 (or via the
Internet at JJessup@doc.gov).
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to Lindsey Feldman, (978) 675–
2179 or Lindsey.Feldman@noaa.gov.
SUPPLEMENTARY INFORMATION:
DATES:
I. Abstract
This request is for revision and
extension of a current information
collection. Under the Magnuson-Stevens
Fishery Conservation and Management
Act, the Secretary of Commerce
(Secretary) has the responsibility for the
conservation and management of marine
fishery resources. Much of this
responsibility has been delegated to the
National Oceanic and Atmospheric
Administration (NOAA)/National
Marine Fisheries Service (NMFS).
Under this stewardship role, the
Secretary was given certain regulatory
authorities to ensure the most beneficial
uses of these resources. One of the
regulatory steps taken to carry out the
conservation and management
objectives is to collect information from
users of the resource.
As regional Fishery Management
Councils develop specific Fishery
Management Plans (FMP), the Secretary
has promulgated rules for the issuance
of permits to individuals and
organizations participating in Federally
controlled fisheries in order to: (1)
Register fishermen, fishing vessels, fish
dealers and processors, (2) List the
characteristics of fishing vessels and/or
dealer/processor operations, (3) Exercise
influence over compliance (e.g.
withhold issuance pending collection of
unpaid penalties), (4) Provide a mailing
list and email list for the dissemination
of important information to the
industry, (5) Register participants to be
considered for limited entry, and (6)
Provide a universe for data collection
samples. Identification of the
participants, their gear types, vessels,
and expected activity levels is an
effective tool in the enforcement of
fishery regulations.
Limited access fishing permits, where
entry is reviewed during a one-time
application period, place size, tonnage,
and horsepower restrictions on the
ability of a vessel owner to upgrade or
replace their vessel. If a vessel owner
PO 00000
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Fmt 4703
Sfmt 4703
wishes to upgrade any of the
specifications of his/her vessel such as
length overall, net tonnage, gross
tonnage, horsepower, or vessel fish hold
capacity, he/she must submit, in
writing, a request for a vessel upgrade.
A request, in writing, also must be made
in order to replace one limited access
permitted vessel with another as vessel
size restrictions are limited to 10percent above the baseline length
overall, gross, and net tonnage, 20percent above the baseline horsepower,
and 10-percent above the vessel hold
capacity measurement for limited access
vessels with Tier 1 or 2 Atlantic
mackerel permits.
Vessels with particular permits are
also required to use an electronic vessel
monitoring system (VMS) to declare
their intent to fish before starting a
particular trip, change their intent to
fish during a trip, and to report real-time
catch and discard information. While
vessels are also required to report catch
information weekly or monthly
depending on their permit through
vessel trip reports (VTRs)(VTR
collection approved in OMB Control No.
0648–0212), it is often necessary to have
daily catch reporting in order to have a
real-time understanding of the operation
of the fishery. Real-time catch reporting
is especially important for high volume
fisheries, where large amounts of fish
are landed in short periods of time, so
that the fishery can be shut down when
approaching the annual, regional, or
seasonal quota.
This collection also includes the
requirement of participants in certain
fisheries to notify NMFS before fishing
trips for the purpose of observer
placement. The placement of fisheries
observers is critical to accurately
monitoring and collecting information
on fish catch, discards, gear
performance, socio-economic
information about vessel crew and
operations, etc. Vessels are also required
to request, in writing, participation in
any of the various exemption programs
offered in the Northeast region.
Exemption programs may allow a vessel
to fish in an area that is limited to
vessels of a particular size, using a
certain gear type, or fishing for a
particular species. Vessels are also
required to request gillnet and lobster
tags through the Northeast region permit
office when using gillnet gear or lobster
traps. Lastly, vessel owners that own
multiple vessels, but would like to
request communication from NMFS be
consolidated into one mailing (and not
separate mailings for each vessel), may
request the single letter vessel owner
option to improve efficiency of their
business practice.
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]]>Agencies
[Federal Register Volume 77, Number 220 (Wednesday, November 14, 2012)]
[Notices]
[Pages 67790-67792]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-27678]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-357-812, C-357-813]
Honey From Argentina; Antidumping and Countervailing Duty Changed
Circumstances Reviews; Preliminary Intent To Revoke Antidumping and
Countervailing Duty Orders
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: November 14, 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: On October 2, 2012, in response to a request by domestic
producers of the subject merchandise, the Department of Commerce (the
Department) published a notice of initiation of changed circumstances
reviews of the antidumping and countervailing duty orders on honey from
Argentina.\1\ In the Initiation Notice, we invited interested parties
to comment on the Department's initiation.
[[Page 67791]]
We received no comments from domestic parties. Therefore, we
preliminarily conclude that producers accounting for substantially all
of the production of the domestic like product to which these orders
pertain lack interest in the relief provided by the antidumping and
countervailing duty orders. Accordingly, we are notifying the public of
our preliminary intent to revoke the antidumping duty order, in whole,
with respect to products entered, or withdrawn from warehouse, for
consumption on or after December 1, 2010, and the countervailing duty
order, in whole, with respect to products entered, or withdrawn from
warehouse, for consumption on or after December 1, 2011, because
domestic parties have expressed no interest in the continuation of the
orders after these dates.
---------------------------------------------------------------------------
\1\ See Honey from Argentina: Notice of Initiation of
Antidumping and Countervailing Duty Changed Circumstances Reviews
and Consideration of Revocation of Antidumping and Countervailing
Duty Orders, 77 FR 60105 (October 2, 2012) (Initiation Notice).
SUPPLEMENTARY INFORMATION:
Background
On December 10, 2001, the Department published the antidumping and
countervailing duty orders on honey from Argentina.\2\ On July 24,
2012, the American Honey Producers Association and the Sioux Honey
Association (collectively, petitioners) requested that the Department
revoke the AD Order, effective December 1, 2010, based on the domestic
U.S. industry's lack of further interest.\3\ On August 22, 2012, the
petitioners requested that the Department revoke the CVD Order,
effective December 1, 2011, again based on their lack of further
interest in these proceedings.\4\
---------------------------------------------------------------------------
\2\ See Notice of Antidumping Duty Order: Honey from Argentina,
66 FR 63672 (December 10, 2001) (AD Order) and Notice of
Countervailing Duty Order: Honey from Argentina, 66 FR 63673
(December 10, 2001) (CVD Order), (collectively, Orders).
\3\ 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).
\4\ 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).
---------------------------------------------------------------------------
On October 2, 2012, the Department published a notice of initiation
of changed circumstances reviews of the Orders on honey from
Argentina.\5\ In the Initiation Notice, we invited interested parties
to comment on the Department's initiation. We did not receive comments
from any interested party expressing opposition to the changed
circumstances reviews nor to the possible revocation of the Orders.
---------------------------------------------------------------------------
\5\ See Initiation Notice.
---------------------------------------------------------------------------
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 provided for convenience and customs
purposes, the Department's written description of the merchandise under
the orders is dispositive.
Preliminary Results of Reviews and Intent To Revoke, in Whole, the
Orders
Pursuant to section 751(d)(1) of the Tariff Act of 1930, as amended
(the Act), and 19 CFR 351.222(g), the Department may revoke an
antidumping or countervailing duty order, in whole or in part, based on
a review under section 751(b) of the Act (i.e., a changed circumstances
review). Section 751(b)(1) of the Act requires a changed circumstances
review to be conducted upon receipt of a request which shows changed
circumstances sufficient to warrant a review. Section 782(h)(2) of the
Act gives the Department the authority to revoke an order if producers
accounting for substantially all of the production of the domestic like
product have expressed a lack of interest in the continuation of the
order. 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 concludes
that (i) producers accounting for substantially all of the production
of the domestic like product to which the order pertains have expressed
a lack of interest in the relief provided by the order, in whole or in
part, or (ii) if other changed circumstances sufficient to warrant
revocation exist. Both the Act and the Department's regulations require
that ``substantially all'' domestic producers express a lack of
interest in the order(s) for the Department to revoke.\6\ The
Department has interpreted ``substantially all'' to represent producers
accounting for at least 85 percent of U.S. production of the domestic
like product.\7\
---------------------------------------------------------------------------
\6\ See section 782(h) of the Act and 19 CFR 351.222(g).
\7\ 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); see
also 19 CFR 351.208(c).
---------------------------------------------------------------------------
As noted above and in the Initiation Notice, the petitioners
requested the revocation of these orders because they are no longer
interested in maintaining the Orders or in the imposition of duties on
the subject merchandise as of December 1, 2010 (AD), and December 1,
2011 (CVD). Because the Department did not receive any comments during
the comment period opposing initiation of the changed circumstances
review of the Orders on honey from Argentina, we preliminarily conclude
that producers accounting for substantially all of the production of
the domestic like product, to which these orders pertain, lack interest
in the relief provided by the Orders.
In accordance with 19 CFR 351.222(g), the Department preliminarily
determines that there is a reasonable basis to believe that changed
circumstances exist sufficient to warrant revocation of the Orders.
Therefore, the Department is notifying the public of its preliminary
intent to revoke the Orders on honey from Argentina, in whole.
Unless the Department receives opposition within the time limit set
forth below from domestic producers whose production, cumulatively,
totals more than 15 percent of the domestic like product, the
Department will revoke the Orders on honey from Argentina in its final
results of review. If, as a result of these reviews, we revoke the
Orders, we intend to instruct U.S. Customs and Border Protection (CBP)
to terminate suspension of liquidation effective December 1, 2010, for
the AD Order, and December 1, 2011, for the CVD Order. The suspension
of liquidation of estimated antidumping and countervailing duties on
the subject merchandise will continue as appropriate for the period
December 1, 2010, through August 2, 2012, and December 1, 2011, through
August 2, 2012, respectively, unless, and until, we publish a final
determination to revoke the Orders in whole.\8\ There is no requirement
for a cash deposit of estimated antidumping and
[[Page 67792]]
countervailing duties on the subject merchandise for entries on or
after August 2, 2012, pursuant to the recent sunset of the Orders.\9\
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\8\ The Department revoked the Orders under five-year sunset
reviews on September 21, 2012, pursuant to 19 CFR
351.218(d)(1)(iii), effective August 2, 2012. See Honey From
Argentina; Final Results of Sunset Reviews and Revocation of
Antidumping Duty and Countervailing Duty Orders, 77 FR 58524
(September 21, 2012).
\9\ Id.
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Public Comment
Interested parties may submit case briefs not later than 14 days
after the date of publication of this notice.\10\ Rebuttal briefs,
which must be limited to issues raised in such case briefs, may be
filed not later than 19 days after the date of publication of this
notice.\11\ Parties who submit arguments are requested to submit with
the argument (1) a statement of the issue, (2) a brief summary of the
argument, and (3) a table of authorities. Any interested party may
request a hearing within 7 days of publication of this notice.\12\ Any
hearing, if requested, may be held 21 days after the date of
publication of this notice, or the first working day thereafter, as
practicable. Consistent with 19 CFR 351.216(e), we will issue the final
results of these changed circumstances reviews not later than 270 days
after the date on which these reviews were initiated.
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\10\ See 19 CFR 351.309(c)(ii).
\11\ See 19 CFR 351.309(d).
\12\ See 19 CFR 351.310(c).
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This notice is published in accordance with section 751(b)(1) of
the Act and 19 CFR 351.216, 351.221(c)(3), and 351.222.
Dated: November 5, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-27678 Filed 11-13-12; 8:45 am]
BILLING CODE 3510-DS-P
