[Federal Register Volume 72, Number 73 (Tuesday, April 17, 2007)]
[Notices]
[Pages 19177-19178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-7288]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-357-812]


Honey from Argentina: Final Results of New Shipper Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On November 24, 2006, the Department of Commerce (the 
Department) published the preliminary results of review in this 
proceeding. See Honey from Argentina: Preliminary Results of New 
Shipper Review, 71 FR 67850 (November 24, 2006) (Preliminary Results). 
This new shipper review covers one exporter, Patagonik S.A. (Patagonik) 
and its affiliated supplier, Colmenares Santa Rosa (CSR), of subject 
merchandise to the United States. The period of review (POR) is 
December 1, 2004, to December 31, 2005. The petitioners are the Sioux 
Honey Association and the American Honey Producers Association. Based 
on our analysis of comments received, the margin calculation for these 
final results does not differ from the preliminary results.

EFFECTIVE DATE: April 17, 2007.

FOR FURTHER INFORMATION CONTACT: David Cordell or Robert James, Office 
7, Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230; telephone: (202) 482-0408 or (202) 482-0649, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On November 24, 2006, the Department published its Preliminary 
Results of this antidumping duty new shipper review of honey from 
Argentina. On December 15, 2006, the Federal Register published a 
correction notice due to typographical errors in the original 
preliminary results notice. See Corrections Honey From Argentina: 
Preliminary Results of New Shipper Review (Corrections Notice), 71 FR 
75614 (December 15, 2006). Subsequent to publication of the Preliminary 
Results and the Corrections Notice, the Department issued an additional 
cost questionnaire on December 20, 2006, to which Patagonik responded 
on January 3, 2007. In response to the Department's invitation to 
comment on the preliminary results, petitioners submitted their case 
brief on January 8, 2007, and Patagonik submitted its rebuttal brief on 
January 16, 2007.\1\ On January 31, 2007, the Department extended the 
final results until April 16, 2007. See Notice of Extension of Time 
Limit for Final Results of Antidumping Duty New Shipper Review: Honey 
from Argentina, 72 FR 4486 (January 31, 2007).
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    \1\ In response to requests from petitioners and Patagonik, the 
Department extended the deadline for case briefs to January 8, 2006, 
and for rebuttal briefs to January 16, 2006.
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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

    All issues raised in the case and rebuttal briefs by parties to 
this new shipper review are addressed in the ``Issues and Decision 
Memorandum'' (Decision Memorandum) from Stephen J. Claeys, Deputy 
Assistant Secretary for Import Administration, to David M. Spooner, 
Assistant Secretary for Import Administration. A list of issues 
addressed in the Decision Memorandum is appended to this notice. The 
Decision Memorandum is on file in the CRU and can be accessed directly 
on the web at http://www.ita.doc.gov/.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made no changes 
to our preliminary results.

Final Results of Review

    We determine that the following dumping margins exist for the 
period December 1, 2004, through December 31, 2005.

------------------------------------------------------------------------
                                                             Weighted
                        Exporter                          Average Margin
                                                           (percentage)
------------------------------------------------------------------------
Patagonik S.A. /Colmenares Santa Rosa S.R.L.............            0.00
------------------------------------------------------------------------

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 for the merchandise based on the ratio of the total amount of 
antidumping duties calculated for the examined sales made during the 
POR to the total customs value of the sales used to calculate those 
duties. The Department will issue appropriate ad valorem assessment 
instructions directly to CBP 15 days after publication

[[Page 19178]]

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.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003 (68 FR 23954). This clarification will apply to entries of 
subject merchandise during the period of review produced by companies 
included in these final results of review for which the reviewed 
companies did not know their merchandise was destined for the United 
States. In such instances, we will instruct CBP to liquidate unreviewed 
entries at the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction. For a full discussion of this 
clarification, see Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this new shipper 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) the cash deposit for Patagonik/CSR will be the rate established 
in the final results of this new shipper review;
    (2) for any previously reviewed or investigated company not listed 
above, the cash deposit rate will continue to be the company-specific 
rate published in the most recent period;
    (3) the cash deposit rate for entries of subject merchandise 
exported/produced by Patagonik/CSR but not produced by Patagonik/CSR 
will continue to be the ``all other's'' rate of 30.24 percent or the 
rate applicable to the producer/exporter if so established; and
    (4) if neither the exporter nor the manufacturer is a firm covered 
in this or any previous review conducted by the Department, the cash 
deposit rate will be the ``all others'' rate from the LTFV 
investigation (30.24 percent). See Notice of Antidumping Duty Order; 
Honey From Argentina, 66 FR 63672 (December 10, 2001). These deposit 
requirements shall remain in effect until publication of the final 
results of the next administrative review.

Notification to Interested Parties

    This notice 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 9, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.

Appendix: Issues and Decision Memorandum

Comment 1. Bona Fide nature of the sale
Comment 2. Billing Adjustment
Comment 3. Averaging of Beekeeper Costs
Comment 4. Drum Costs
Comment 5. Feed Costs
Comment 6. Rent
Comment 7. Honey Collector's Salary
[FR Doc. E7-7288 Filed 4-16-07; 8:45 am]
BILLING CODE 3510-DS-S