[Federal Register: April 15, 2005 (Volume 70, Number 72)]
[Notices]
[Page 19926-19927]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15ap05-26]
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DEPARTMENT OF COMMERCE
International Trade Administration
(A-357-812)
Honey from Argentina: Final Results of Antidumping Duty
Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) has conducted an
administrative review of the antidumping duty order on honey from
Argentina produced and/or exported by Asociacion de Cooperativas
Argentinas (ACA), Compania Apicola Argentina (CAA), HoneyMax S.A.
(HoneyMax), Nexco S.A. (Nexco), Nutrin S.A (Nutrin), Seylinco S.A.
(Seylinco), and TransHoney S.A. (TransHoney). The period of review
(POR) is December 1, 2002, to November 30, 2003. Based on our analysis
of comments received, the margin calculations for these final results
do not differ from the preliminary results. The margin calculations for
these final results are listed below in the ``Final Results of Review''
section.
EFFECTIVE DATE: April 15, 2005.
FOR FURTHER INFORMATION CONTACT: Angela Strom for ACA, Nexco and
Nutrin, Brian Sheba for HoneyMax and Seylinco, David Cordell for
TransHoney and CAA, or Robert James, 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) 482-2704, (202) 482-0145, (202)
482-0408, (202) 482-0469 respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 27, 2004, the Department published the preliminary
results of the 2002-2003 antidumping duty administrative review of
honey from Argentina. See Honey from Argentina: Preliminary Results of
Antidumping Duty Administrative Review, 69 FR 77195 (Preliminary
Results). The review covers sales by seven exporters: ACA, CAA,
HoneyMax, Nexco, Nutrin, Seylinco, and TransHoney, (collectively, the
respondents), and the period December 1, 2002, through November 30,
2003. In the preliminary results, we invited parties to comment. CAA
submitted a case brief January 26, 2005. Neither Petitioner nor any of
the other respondents submitted direct comments, and no party submitted
filed rebuttal comments.
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 this order is dispositive.
Analysis of Comments Received
Comment 1: Company-specific Dumping Margins.
In the Preliminary Results, the Department listed only the name of
the requesting company, CAA. CAA argues the final results should
include the names of both Mielar and CAA, as both CAA and Mielar were
treated by the Department as a single entity for purposes of the
review. CAA argues both CAA and Mielar filed combined questionnaire
responses, were verified together, and sales and expense information
for both companies was used in the dumping analysis conducted by the
Department. CAA contends the preliminary results makes clear that the
``Department determined that CAA, Mielar and El Chelibo (Chelibo) are
affiliated....and that the Department should treat the three companies
as a single entity for the purposes of this administrative review.''
See CAA/Mielar's Case Brief at 2.
CAA believes the Department should list both exporting company
names, namely CAA and Mielar, in the company-specific rates and in
liquidation and cash deposit instructions issued to U.S. Customs and
Border Protection (CBP) to ensure there is no error or
misunderstanding. CAA cites a number of decisions including Stainless
Steel Wire Rods From India: Preliminary Results of Antidumping Duty
Administrative Review, Intent To Revoke Order In Part, and Extension of
Time for the Final Results of Review, 70 FR 1413, 1416 (January 7,
2005) (Stainless Steel Wire Rod from India), where the Department
decided ``to treat Isibars and its affiliates as a single entity and
calculate a single dumping margin.'' See CAA/Mielar's Case Brief at 5
and 6 for other case citations.
Department's Position: We agree with CAA and Mielar because both
our Preliminary Results and the memorandum entitled, ``Relationship of
Compania Apicola Argentina S.A., (CAA) El Chelibo S.A. (Chelibo), and
Mielar, S.A. (Mielar) in the 2002-2003 Administrative Review of AD
Order on Honey from Argentina'' dated June 30, 2004, illustrate ``that
the companies should receive a single antidumping duty rate.''
Accordingly, we will assign a single rate to the entity composed of
CAA, Mielar and Chelibo.
Changes Since the Preliminary Results
Based on our analysis of comments received, we have made no changes
in the margin calculation. However, we
[[Page 19927]]
have made changes to the company names within the manufacturer/exporter
column of the weighted average margin table.
Final Results of Review
We determine that the following dumping margins exist for the
period December 1, 2002, through November 30, 2003.
------------------------------------------------------------------------
Weighted Average
Manufacturer / Exporter Margin
(percentage)
------------------------------------------------------------------------
Asociacion de Cooperativas Argentinas............... 0
Compania Apicola Argentina S.A., Mielar S.A., and El 0
Chelibo S.A........................................
HoneyMax S.A........................................ 0
Nexco S.A........................................... 0.38 (de minimis)
Nutrin S.A.......................................... 55.15
Seylinco S.A........................................ 0
TransHoney S.A...................................... 0
------------------------------------------------------------------------
Assessment
The Department shall determine, and the CBP shall assess,
antidumping duties on all appropriate entries. In accordance with 19
CFR 351.212(b)(1), we have calculated importer-specific assessment
rates. The Department will issue appropriate assessment instructions
directly to CBP within 15 days of publication of these final results of
review. We will direct CBP to assess the resulting assessment rate
against the entered customs values for the subject merchandise on each
of the importer's entries during the POR.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(1) of the Tariff Act of 1930, as amended
(the Tariff Act): (1) For the companies named above, the cash deposit
rates will be the rates for these firms shown above, except that, for
exporters with de minimis rates (i.e., less than 0.5 percent), no
deposit will be required; (2) for previously-reviewed producers and
exporters with separate rates, the cash deposit rate will be the
company-specific rate established for the most recent period for which
they were reviewed; and (3) for all other producers and exporters, the
rate will be 30.24 percent, the ``all others'' rate established in the
less than fair value investigation as established in the Antidumping
Duty Order. See Notice of Antidumping Duty Order; Honey From Argentina,
66 FR 63672 (Dec. 10, 2001). These deposit requirements, when imposed,
shall remain in effect until publication of the final results of the
next administrative review. This notice also serves as a final reminder
to importers of their responsibility under 19 CFR 351.402(f) 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 doubled antidumping duties.
This notice also serves as a reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, which continues
to govern business proprietary information in this segment of the
proceeding. Timely written notification of the return/destruction of
APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation, which is subject to sanction.
We are issuing and publishing this determination and notice in
accordance with sections section 751(a)(1) and 777(i)(1) of the Tariff
Act.
Dated: April 8, 2005.
Joseph A. Spetrini
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-1788 Filed 4-15-05; 8:45 am]