[Federal Register: October 9, 2003 (Volume 68, Number 196)]
[Notices]
[Page 58305-58306]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09oc03-37]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-357-812]
Honey From Argentina: Rescission of Antidumping Duty New Shipper
Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of rescission of antidumping duty new shipper review.
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SUMMARY: On February 6, 2003, the Department published the initiation
of a new shipper review of the antidumping duty order of honey from
Argentina covering the period of May 11, 2001 to November 30, 2002. See
Honey From Argentina: Initiation of New Shipper Antidumping Duty
Administrative Review, 68 FR 6114 (February 6, 2003) (New Shipper
Initiation). This review covers one exporter, Nutrin S.A. (Nutrin) of
Argentina. For the reasons discussed below, we are rescinding this new
shipper review in its entirety.
EFFECTIVE DATE: October 9, 2003.
FOR FURTHER INFORMATION CONTACT: Angela Strom or Donna Kinsella at
(202) 482-2704 and (202) 482-0194, respectively; AD/CVD Enforcement,
Office 8, Group III, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Scope of the Review
The merchandise under review is honey from Argentina. For purposes
of this review, 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 review 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 U.S. Bureau of Customs and
Border Protection purposes, the Department's written description of the
merchandise under this order is dispositive.
Background
On February 6, 2003, the Department published the initiation of a
new shipper review of the antidumping duty order of honey from
Argentina. This review involves one exporter, Nutrin S.A. of Argentina,
and covers the period of May 11, 2001 through November 30, 2002. See
New Shipper Initiation. On July 14, 2003, the Department extended the
time limit for the completion of the preliminary results of this new
shipper review until November 28, 2003. See Honey From Argentina:
Extension of Time Limit for Preliminary Results of New Shipper Review
68 FR 41557 (July 14, 2003).
On February 19, 2003, the Department issued Sections A through C of
the Department's antidumping questionnaire to Nutrin. Nutrin responded
on March 14, 2003 and April 7, 2003. Petitioners submitted comments on
Nutrin's questionnaire responses on April 4, 2003 and May 2, 2003. On
May 23, 2003, the Department issued its first supplemental
questionnaire, and Nutrin submitted its supplemental questionnaire
response on June 13, 2003. Petitioners again commented on Nutrin's
responses on July 1, 2003, and August 4, 2003.
Analysis of New Shipper Review
On August 15, 2003, the Department issued a memorandum detailing
our analysis of the bona fides of Nutrin's U.S. sale and our intent to
rescind this review because we preliminarily determined that Nutrin's
U.S. sale was not a bona fide transaction based on the totality of the
circumstances of the sale. See Memorandum from Angela Strom through
Richard Weible to Barbara E. Tillman: New Shipper Review of the
Antidumping Duty Order on Honey from Argentina: Intent to Rescind,
dated August 21, 2003 (Nutrin Intent to Rescind Memo). In this
memorandum, the Department preliminarily determined that the single
U.S. sale made by Nutrin was not bona fide due to (1) the conflicting
information contained in different copies of the sales invoice for
Nutrin's U.S. sale; (2) Nutrin's failure to disclose other apparent
changes in the terms of the U.S. sale; (3) conflicting information and
insufficient documentation regarding the date on which the essential
terms of sale and final destination of goods were established; (4)
inconsistent invoicing practices regarding the U.S. sale and other like
sales; (5) atypical payment terms and (6) highly unusual sales and
shipping arrangements. The totality of the facts on the record lead the
Department to
[[Page 58306]]
conclude that the sale was neither commercially reasonable nor bona
fide.
Comments
The Department provided parties an opportunity to comment on the
Intent to Rescind Memo dated August 21, 2003. The initial deadline for
comments for all parties was August 29, 2003; however, Nutrin requested
a seven day extension of time to file its comments. The Department
granted the extension and set an extended due date of September 5,
2003. On September 5, 2003, Nutrin requested yet another extension of
time; however, the Department denied this additional request given its
statutory and regulatory time constraints in completing this review.
Nutrin did not submit comments regarding the Department's Intent to
Rescind even though it had two weeks to do so. Petitioners submitted
comments supporting the Department's position to rescind the new
shipper review with respect to Nutrin.
Rescission of New Shipper Reviews
We received no comments rebutting or in disaccord with the
Department's findings in its Intent to Rescind Memo regarding Nutrin.
Therefore, for the reasons stated above and pursuant to section
751(a)(2)(B) and 19 CFR 351.214(f), we are rescinding this new shipper
review.
Notification
The Department will notify the U.S. Bureau of Customs and Border
Protection that bonding is no longer permitted to fulfill security
requirements for shipments of Argentine honey by Nutrin entered, or
withdrawn from warehouse, for consumption in the United States on or
after the publication of this rescission notice in the Federal
Register, and that a cash deposit of 30.24 percent ad valorem should be
collected for any entries exported by Nutrin.
We are issuing and publishing this determination and notice in
accordance with sections 751(a)(2)(B) and 777(i) of the Act.
Dated: October 2, 2003.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 03-25627 Filed 10-8-03; 8:45 am]