Honey from Argentina; Final Results of Antidumping and Countervailing Duty Changed Circumstances Reviews; Revocation of Antidumping and Countervailing Duty Orders, 77029-77031 [2012-31436]
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77029
Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Notices
Period to be
Reviewed
Zhejiang Jianli Enterprise
Zhongjian Jinpei Steel Pipe Co., Ltd.
Zhongyuan Pipeline Manufacturing Co.
Suspension Agreements
Ukraine: Certain Cut-to-Length Carbon Steel Plate, A–823–808 ...........................................................................................
Metinvest Holding LLC
11/1/11—10/31/12
mstockstill on DSK4VPTVN1PROD with
3 If one of the above named companies does not qualify for a separate rate, all other exporters of Certain Cut-to-Length Carbon Steel Plate
from the PRC who have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which the
named exporters are a part.
4 If one of the above named companies does not qualify for a separate rate, all other exporters of Certain Hot-Rolled Carbon Steel Flat Products from the PRC who have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which
the named exporters are a part.
5 If one of the above named companies does not quality for a separate rate, all other exporters of Diamond Sawblades and Parts Thereof from
the PRC who have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which the named
exporters are a part.
6 If one of the above named companies does not qualify for a separate rate, all other exporters of Fresh Garlic from the PRC who have not
qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which the named exporters are a part.
7 If one of the above named companies does not qualify for a separate rate, all other exporters of Lightweight Thermal Paper from the PRC
who have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which the named exporters are a part.
8 If one of the above named companies does not qualify for a separate rate, all other exporters of Polyethylene Terephthalate (PET) Film from
the PRC who have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which the named
exporters are a part.
9 If one of the above named companies does not qualify for a separate rate, all other exporters of Seamless Carbon and Alloy Steel Standard,
Line, and Pressure Pipe from the PRC who have not qualified for a separate rate are deemed to be covered by this review as part of the single
PRC entity of which the named exporters are a part.
10 If one of the above named companies does not qualify for a separate rate, all other exporters of Seamless Refined Copper Pipe and Tube
from the PRC who have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which the
named exporters are a part.
During any administrative review
covering all or part of a period falling
between the first and second or third
and fourth anniversary of the
publication of an antidumping duty
order under 19 CFR 351.211 or a
determination under 19 CFR
351.218(f)(4) to continue an order or
suspended investigation (after sunset
review), the Secretary, if requested by a
domestic interested party within 30
days of the date of publication of the
notice of initiation of the review, will
determine, consistent with FAG Italia v.
United States, 291 F.3d 806 (Fed Cir.
2002), as appropriate, whether
antidumping duties have been absorbed
by an exporter or producer subject to the
review if the subject merchandise is
sold in the United States through an
importer that is affiliated with such
exporter or producer. The request must
include the name(s) of the exporter or
producer for which the inquiry is
requested.
For the first administrative review of
any order, there will be no assessment
of antidumping or countervailing duties
on entries of subject merchandise
entered, or withdrawn from warehouse,
for consumption during the relevant
provisional-measures ‘‘gap’’ period, of
the order, if such a gap period is
applicable to the period of review.
Interested parties must submit
applications for disclosure under
administrative protective orders in
accordance with 19 CFR 351.305. On
January 22, 2008, the Department
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21:28 Dec 28, 2012
Jkt 229001
published Antidumping and
Countervailing Duty Proceedings:
Documents Submission Procedures;
APO Procedures, 73 FR 3634 (January
22, 2008). Those procedures apply to
administrative reviews included in this
notice of initiation. Parties wishing to
participate in any of these
administrative reviews should ensure
that they meet the requirements of these
procedures (e.g., the filing of separate
letters of appearance as discussed at 19
CFR 351.103(d)).
Any party submitting factual
information in an antidumping duty or
countervailing duty proceeding must
certify to the accuracy and completeness
of that information. See section 782(b)
of the Act. Parties are hereby reminded
that revised certification requirements
are in effect for company/government
officials as well as their representatives
in all segments of any antidumping duty
or countervailing duty proceedings
initiated on or after March 14, 2011. See
Certification of Factual Information to
Import Administration During
Antidumping and Countervailing Duty
Proceedings: Interim Final Rule, 76 FR
7491 (February 10, 2011) (‘‘Interim Final
Rule’’), amending 19 CFR 351.303(g)(1)
and (2). The formats for the revised
certifications are provided at the end of
the Interim Final Rule. The Department
intends to reject factual submissions in
any proceeding segments initiated on or
after March 14, 2011 if the submitting
party does not comply with the revised
certification requirements.
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Fmt 4703
Sfmt 4703
These initiations and this notice are
in accordance with section 751(a) of the
Act (19 USC 1675(a)) and 19 CFR
351.221(c)(1)(i).
Dated: December 21, 2012
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2012–31448 Filed 12–28–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–357–812, C–357–813]
Honey from Argentina; Final Results of
Antidumping and Countervailing Duty
Changed Circumstances Reviews;
Revocation of Antidumping and
Countervailing Duty Orders
Import Administration,
International Trade Administration,
Department of Commerce
AGENCY:
DATES:
Effective Date: December 31,
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.
E:\FR\FM\31DEN1.SGM
31DEN1
77030
Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Notices
The Department of Commerce
(the Department) is revoking the
antidumping duty and countervailing
duty orders on honey from Argentina
because we have concluded that
substantially all domestic producers
lack interest in the relief provided by
these orders.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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Background
On December 10, 2001, the
Department published the antidumping
and countervailing duty orders on
honey from Argentina.1 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.2 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.3
On October 2, 2012, the Department
published a notice of initiation of
changed circumstances reviews of the
Orders on honey from Argentina.4 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. On
November 14, 2012, the Department
published a notice of preliminary
results of changed circumstances
reviews of the Orders on honey from
Argentina, and the preliminary intent to
revoke the AD Order, effective
December 1, 2010, and the CVD Order,
effective December 1, 2011.5 In the
Preliminary Revocation, we again
invited interested parties to comment on
the Department’s results by submitting
1 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).
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 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).
4 See Initiation Notice.
5 See Honey from Argentina; Antidumping and
Countervailing Duty Changed Circumstances
Reviews; Preliminary Intent to Revoke Antidumping
and Countervailing Duty Orders, 77 FR 67790
(November 14, 2012) (Preliminary Revocation).
VerDate Mar<15>2010
21:28 Dec 28, 2012
Jkt 229001
case and rebuttal briefs. We received no
comments or briefs from interested
parties.
Accordingly, we are notifying the
public of the revocation of 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.
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.
Final Results of Changed
Circumstances Review and Revocation,
in Whole, of 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
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Frm 00028
Fmt 4703
Sfmt 4703
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
As noted in the Initiation Notice, and
again in the Preliminary Revocation, 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, for the AD Order and December 1,
2011, for the CVD Order. Because the
Department did not receive any
comments during the period in which
parties were permitted to submit briefs
or other comments opposing the
preliminary revocation of the Orders on
honey from Argentina, we 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.
Therefore, in accordance with
sections 751(b), 751(d), and 782(h) of
the Act, and 19 CFR 351.222(g), the
Department concludes that there is a
reasonable basis to believe that changed
circumstances exist sufficient to warrant
revocation of the Orders. Thus, the
Department is revoking the Orders on
honey from Argentina, in whole, with
regard to the products described above
under the ‘‘Scope of the Orders’’
section.
The Department will 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 Department will
instruct CBP to liquidate without regard
to antidumping duties and
countervailing duties, all unliquidated
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).
E:\FR\FM\31DEN1.SGM
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Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Notices
entries of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after December 1,
2010, for the AD Order and January 1,
2012, for the CVD Order.8 In accordance
with section 778 of the Act, we will also
instruct CBP to pay interest on and
refund any AD deposits with respect to
the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after December 1,
2010, the first day of the tenth
administrative review period, the
review of which is now terminated by
virtue of the effective date of the
revocation of the AD Order. We will also
instruct CBP to pay interest on and
refund any CVD deposits with respect to
the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after January 1,
2012, the earliest date on which entries
remain suspended under the CVD
Order.
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: December 20, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
[FR Doc. 2012–31436 Filed 12–28–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–357–812]
Honey From Argentina; Rescission of
Antidumping Duty Administrative
Review; 2010–2011
Import Administration,
International Trade Administration,
Department ofCommerce.
SUMMARY: The Department of Commerce
(the Department) is rescinding the
2010–2011 antidumping duty
administrative review on honey from
Argentina because all parties have
withdrawn their requests for review and
the antidumping duty order on imports
of honey from Argentina is being
revoked, effective December 1, 2010.
DATES: Effective December 31, 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
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AGENCY:
8 There is no administrative review of the CVD
Order for the period January 1, 2011, through
December 31, 2011; therefore, there are no
unliquidated entries during this period.
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21:28 Dec 28, 2012
Jkt 229001
Avenue NW, Washington, DC 20230, at
(202) 482–8029 or (202) 482–3019,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 10, 2001, the
Department published the antidumping
duty order on honey from Argentina.1
On December 1, 2011, the Department
published in the Federal Register the
notice of opportunity to request an
administrative review of the
antidumping duty order on honey from
Argentina for the period December 1,
2010, through November 30, 2011.2
Between December 29, 2011, and
January 3, 2012, the Department
received several requests from
interested parties that the Department
conduct an administrative review of
certain producers/exporters of honey
from Argentina.3 On January 31, 2012,
the Department published in the
Federal Register the notice of initiation
of the 2010–2011 administrative review
of honey from Argentina.4
On February 23, 2012, the Department
released the results of a data query to
U.S. Customs and Border Protection
(CBP) regarding imports into the United
States of honey from Argentina during
the period of review (POR).5 We did not
receive any comments from parties
regarding the CBP entry data. On March
19, 2012, the Department selected
mandatory respondents for this
administrative review based on import
volume figures (i.e., HoneyMax S.A.
(Honeymax) and Nexco).6 On March 22,
1 See Notice of Antidumping Duty Order: Honey
from Argentina, 66 FR 63672 (December 10, 2001)
(Order).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review, 76 FR 74773
(December 1, 2011).
3 See Letter from Nexco S.A. (Nexco), titled
‘‘Request for Administrative Review and Revocation
of Antidumping Duty Order,’’ dated December 29,
2011; Letter from Algodonera Avellaneda, S.A.
(Algodonera), titled ‘‘Request for Administrative
Review,’’ dated December 30, 2011; Letter from
´
˜´
Apıcola Danangie, Companıa Inversora Platense
´
˜´
S.A. (CIPSA), Mielar S.A./Companıa Apıcola
Argentina S.A., Patagonik S.A., TransHoney S.A.,
and Villamora S.A., titled ‘‘Administrative Review
Request,’’ dated December 31, 2011; and Letter from
the American Honey Producers Association and the
Sioux Honey Association (petitioners), titled
‘‘Request for Review,’’ dated January 3, 2011.
4 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Requests for Revocation in Part, 77 FR 4759
(January 31, 2012) (Initiation Notice).
5 See Memorandum to the File, from Patrick
Edwards, Analyst, regarding ‘‘United States
Customs and Border Protection Entry Data for
Selection of Respondents for Individual Review,’’
dated February 23, 2012.
6 See Memorandum to the File, from Patrick
Edwards, titled ‘‘Respondent Selection
Memorandum,’’ dated March 19, 2012.
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Fmt 4703
Sfmt 4703
77031
2012, the Department issued the
antidumping duty questionnaire to
Honeymax and Nexco. On April 24,
2012, the American Honey Producers
Association and the Sioux Honey
Association (collectively, petitioners)
withdrew their request for review for
ten of the original twenty-two
companies for which they had made a
review request, including Honeymax, a
mandatory respondent.7 We received
Nexco’s response to section A of the
antidumping duty questionnaire on
April 26, 2012.8 On April 27, 2012,
petitioners additionally withdrew their
request for TransHoney S.A. and we
concurrently received a notice of
withdrawal from TransHoney S.A.
itself.9
Because petitioners timely withdrew
their request for review regarding
HoneyMax, and because HoneyMax did
not self-request a review, we issued a
supplemental respondent selection
memorandum, selecting CIPSA as the
alternate mandatory respondents.10 We
issued the antidumping duty
questionnaire to CIPSA on May 16,
2012. We received Nexco’s responses to
sections B and C of the Department’s
questionnaire on May 22, 2012.11 We
received CIPSA’s section A
questionnaire response, and its section
B and C questionnaire responses on
June 18, 2012, and June 29, 2012,
respectively.12
On July 24, 2012, petitioners filed a
submission withdrawing their review
requests for the remaining companies
for which they had requested a review
and further indicated that they were
simultaneously filing a request for the
initiation of a ‘‘no interest’’ changed
circumstances review, under which
petitioners would be seeking the
revocation of the Order on honey from
Argentina.13 We received similar
withdrawals of request for review from
Nexco and CIPSA also on July 24, 2012.
7 See Letter from petitioners, titled ‘‘Partial
Withdrawal of 10th Annual Administrative
Review,’’ dated April 24, 2012.
8 See Nexco’s section A Questionnaire Response,
dated April 26, 2012.
9 See Letter from petitioners, titled ‘‘Partial
Withdrawal of 10th Annual Administrative
Review,’’ dated April 27, 2012; see also Letter from
TransHoney S.A., titled ‘‘Withdrawal of
Antidumping Administrative Review Request of
TransHoney S.A.,’’ dated April 27, 2012.
10 See Memorandum to the File, from Patrick
Edwards, Analyst, titled ‘‘Respondent Selection
Memorandum,’’ dated May 8, 2012.
11 See Nexco’s section B and C Questionnaire
Responses, dated May 22, 2012.
12 See CIPSA’s section A Questionnaire Response,
dated June 18, 2012; see also CIPSA’s section B and
C Questionnaire Response, dated June 29, 2012.
13 See Letter from petitioners, titled ‘‘Petitioners’
Withdrawal of Request for Administrative Review,’’
dated July 24, 2012.
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Agencies
[Federal Register Volume 77, Number 250 (Monday, December 31, 2012)]
[Notices]
[Pages 77029-77031]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-31436]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-357-812, C-357-813]
Honey from Argentina; Final Results of Antidumping and
Countervailing Duty Changed Circumstances Reviews; Revocation of
Antidumping and Countervailing Duty Orders
AGENCY: Import Administration, International Trade Administration,
Department of Commerce
DATES: Effective Date: December 31, 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.
[[Page 77030]]
SUMMARY: The Department of Commerce (the Department) is revoking the
antidumping duty and countervailing duty orders on honey from Argentina
because we have concluded that substantially all domestic producers
lack interest in the relief provided by these orders.
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, 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.\2\ 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.\3\
---------------------------------------------------------------------------
\1\ 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).
\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 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.\4\ 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. On
November 14, 2012, the Department published a notice of preliminary
results of changed circumstances reviews of the Orders on honey from
Argentina, and the preliminary intent to revoke the AD Order, effective
December 1, 2010, and the CVD Order, effective December 1, 2011.\5\ In
the Preliminary Revocation, we again invited interested parties to
comment on the Department's results by submitting case and rebuttal
briefs. We received no comments or briefs from interested parties.
---------------------------------------------------------------------------
\4\ See Initiation Notice.
\5\ See Honey from Argentina; Antidumping and Countervailing
Duty Changed Circumstances Reviews; Preliminary Intent to Revoke
Antidumping and Countervailing Duty Orders, 77 FR 67790 (November
14, 2012) (Preliminary Revocation).
---------------------------------------------------------------------------
Accordingly, we are notifying the public of the revocation of 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.
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.
Final Results of Changed Circumstances Review and Revocation, in Whole,
of 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 in the Initiation Notice, and again in the Preliminary
Revocation, 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, for the AD Order and December 1, 2011, for the CVD Order. Because
the Department did not receive any comments during the period in which
parties were permitted to submit briefs or other comments opposing the
preliminary revocation of the Orders on honey from Argentina, we
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.
Therefore, in accordance with sections 751(b), 751(d), and 782(h)
of the Act, and 19 CFR 351.222(g), the Department concludes that there
is a reasonable basis to believe that changed circumstances exist
sufficient to warrant revocation of the Orders. Thus, the Department is
revoking the Orders on honey from Argentina, in whole, with regard to
the products described above under the ``Scope of the Orders'' section.
The Department will 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
Department will instruct CBP to liquidate without regard to antidumping
duties and countervailing duties, all unliquidated
[[Page 77031]]
entries of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after December 1, 2010, for the AD
Order and January 1, 2012, for the CVD Order.\8\ In accordance with
section 778 of the Act, we will also instruct CBP to pay interest on
and refund any AD deposits with respect to the subject merchandise
entered, or withdrawn from warehouse, for consumption on or after
December 1, 2010, the first day of the tenth administrative review
period, the review of which is now terminated by virtue of the
effective date of the revocation of the AD Order. We will also instruct
CBP to pay interest on and refund any CVD deposits with respect to the
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after January 1, 2012, the earliest date on which
entries remain suspended under the CVD Order.
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\8\ There is no administrative review of the CVD Order for the
period January 1, 2011, through December 31, 2011; therefore, there
are no unliquidated entries during this period.
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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: December 20, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-31436 Filed 12-28-12; 8:45 am]
BILLING CODE 3510-DS-P