[Federal Register: January 26, 2006 (Volume 71, Number 17)]
[Notices]
[Page 4349-4350]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26ja06-29]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-357-812]
Honey from Argentina: Initiation of New Shipper Antidumping Duty
Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Initiation of New Shipper Antidumping Duty Review.
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EFFECTIVE DATE: January 26, 2006.
FOR FURTHER INFORMATION CONTACT: David Cordell or Robert James, AD/CVD
Operations, Office 7, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14\th\ Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
0408 or (202) 482-0469, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department received a timely request from Patagonik S.A.
(Patagonik), in accordance with 19 CFR 351.214(c), for a new shipper
review of the antidumping duty order on honey from Argentina. See
Notice of Antidumping Duty Order: Honey from Argentina, 66 FR 63672
(December 10, 2001). Patagonik identified itself as the exporter of
subject merchandise produced by its supplier Colmenares Santa Rosa
s.r.l.
As required by 19 CFR 351.214(b)(2)(i),(ii), and (iii)(A),
Patagonik certified it did not export honey to the United States during
the period of investigation (POI), and that it has never been
affiliated with any exporter or producer which exported honey during
the POI. As required by 19 CFR 351.214(b)(2)(ii)(B), Patagonik's
supplier, Colmenares Santa Rosa s.r.l., certified that it did not
export the subject merchandise to the United States during the POI. Our
inquires and Customs run queries with U.S. Customs and Border
Protection (CBP) show that the shipment entered the United States
shortly after the anniversary month.
Under section 351.214(f)(2)(ii) of the Department's regulations,
when the sale of the subject merchandise occurs within the period of
review (POR), but the entry occurs after the normal POR, the POR may be
extended unless it would be likely to prevent the completion of the
review within the time limits set by the Department's regulations. The
preamble to the Department's regulations states that both the entry and
the sale should occur during the POR, and that under ``appropriate''
circumstances the Department has the flexibility to extend the POR. See
Antidumping Duties; Countervailing Duties; Final Rule, 62 FR 27296,
27319, 27320 (May 19, 1997). In this instance, Patagonik's shipment
entered in the month following the end of the POR. The Department does
not find that this delay prevents the completion of the review within
the time limits set by the Department's regulations. Accordingly, we
are extending the POR by one month to capture both the sale and
subsequent entry during the New Shipper POR.
Scope
The merchandise under review is honey from the 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 under
[[Page 4350]]
review is currently classifiable under item 0409.00.00, 1702.90.90, and
2106.90.99 of the Harmonized Tariff Schedule of the United States
(HTSUS). Although the HTSUS subheading is provided for convenience and
customs purposes, the written description of the merchandise under
review is dispositive.
Initiation of Review
In accordance with section 751(a)(2)(B) of the Tariff Act of 1930
(the Tariff Act), as amended, and 19 CFR 351.214(d)(1), and based on
information on the record, we are initiating a new shipper review for
Patagonik. See Memorandum to the File through Richard O. Weible, ``New
Shipper Review Initiation Checklist'', dated January 31, 2006. We
intend to issue the preliminary results of this review not later than
180 days after the date on which this review is initiated, and the
final results of this review within 90 days after the date on which the
preliminary results are issued.
Pursuant to 19 CFR 351.214(g)(1)(i)(A), the POR for a new shipper
review initiated in the month immediately following the anniversary
month will be the 12-month period immediately preceding the anniversary
month. Under section 351.214(f)(2)(ii) of the Department's regulations,
when the sale of the subject merchandise occurs within the POR, but the
entry occurs after the normal POR, the POR may be extended unless it
would be likely to prevent the completion of the review within the time
limits set by the Department's regulations. Therefore, the POR for this
new shipper review is December 1, 2004, through December 31, 2005. This
review will cover sales by Patagonik of honey produced by Colmenares
Santa Rosa s.r.l.
In accordance with section 751(a)(2)(B)(iii) of the Tariff Act, and
19 CFR 351.214(e), we will instruct CBP to allow, at the option of the
importer, the posting, until the completion of the review, of a single
entry bond or security in lieu of a cash deposit for certain entries of
the merchandise exported by the above-listed companies, i.e, Patagonik
as the exporter and Colmenares Santa Rosa S.R.L as the producer. Thus,
we will instruct CBP to limit the bonding option only to entries of
subject merchandise exported by Patagonik and produced by Colmenares
Santa Rosa S.R.L.
Interested parties seeking access to proprietary information in
this new shipper review should submit applications for disclosure under
administrative protective orders in accordance with 19 CFR 351.305 and
351.306. This initiation and notice are in accordance with section
751(a) of the Tariff Act and 19 CFR 351.214(d).
Dated: January 20, 2006.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E6-990 Filed 1-25-06; 8:45 am]
BILLING CODE 3510-DS-S