[Federal Register Volume 70, Number 231 (Friday, December 2, 2005)]
[Notices]
[Pages 72294-72295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23561]


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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.
SUMMARY: On February 4, 2005, the Department of Commerce (the 
Department) published the initiation of a new shipper review of the 
antidumping duty order on honey from Argentina covering the period 
December 1, 2003, to December 31, 2004. See Honey From Argentina: 
Initiation of New Shipper Antidumping Duty Administrative Review, (New 
Shipper Initiation), 70 FR 5965 (February 4, 2005). This review covers 
one exporter, El Mana S.A. (El Mana) of Argentina. For the reasons 
discussed below and in an our accompanying Rescission Memorandum, we 
are rescinding this new shipper review in its entirety.

EFFECTIVE DATE: December 2, 2005.

FOR FURTHER INFORMATION CONTACT: David Cordell 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- 
0408 and (202) 482-0469, respectively.

SUPPLEMENTARY INFORMATION:

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 
subject to this order is dispositive.

Background

    On December 30, 2004, the Department received a letter from El 
Mana, an exporter, requesting that the Department conduct a new shipper 
review of the antidumping duty order on honey from Argentina. On 
January 31, 2005, the Department initiated this antidumping new shipper 
review covering the period December 1, 2003, to December 31, 2004. See 
Honey From Argentina: Initiation of New Shipper Antidumping Duty 
Administrative Review, 70 FR 5965 (February 4, 2005). On February 8, 
2005, the Department issued sections A-C of the Department's 
antidumping questionnaire to El Mana.

[[Page 72295]]

 El Mana responded to the Department's questionnaires on March 3 and 
March 4, 2005 (section A), and March 21, 2005 (sections B and C) (QR). 
On February 8, 2005, the Department issued a questionnaire to the 
importer of record for the U.S. sale at issue. The importer responded 
on March 21, 2005.
    On April 26, 2005, the Department issued its first supplemental 
questionnaire to El Mana. El Mana responded on May 19, 2005. The 
Department issued a second supplemental questionnaire to El Mana on May 
24, 2005, to which El Mana responded on May 31, 2005. The Department 
then requested additional information on June 20, 2005, to which El 
Mana filed its response on July 5, 2005. Petitioners submitted comments 
to the supplemental questionnaire responses (SQR) on July 8, 2005. On 
July 25, 2005, the Department issued a final supplemental 
questionnaire, to which El Mana responded on August 12, 2005.
    On June 23, 2005, the Department published a notice of extension of 
the time limit for the completion of the preliminary results until 
November 28, 2005. See 70 FR 36374.
    On September 26, the Department issued a memorandum ``New Shipper 
Review of the Antidumping Duty Order on Honey from Argentina: Intent to 
Rescind the Review with Respect to El Mana. `` On October 6, 2005, both 
petitioners (the American Honey Producers Association and the Sioux 
Honey Association) and the respondent El Mana provided comments to our 
stated intent to rescind. On October 11, 2005, both petitioners and 
respondent issued rebuttal comments. On October 14, 2005, petitioners 
provided additional comments concerning new information in respondent's 
rebuttal comments. On November 10, 2005, the Department rejected El 
Mana's rebuttal comments dated October 11, 2005, and asked El Mana to 
resubmit the rebuttal comments without reference to the new information 
included in the October 11, 2005, submission. At the same time, the 
Department rejected petitioners additional comments, dated October 14, 
2005, as they included references to the new information referenced by 
El Mana in its October 11, 2005, submission. El Mana refiled its 
rebuttal comments on November 15, 2005, and these were also rejected 
for the same reasons. Subsequently, El Mana refiled the comments on 
November 16, 2005.

Analysis of New Shipper Review

    On September 26, 2005, the Department issued a memorandum detailing 
our intent to rescind this review because we preliminarily determined 
the cooperative that supplied El Mana with the subject merchandise 
knew, or should have known, that the final destination of the subject 
merchandise was the United States. See Memorandum to Barbara E. 
Tillman, entitled ``New Shipper Review of the Antidumping Duty Order on 
Honey from Argentina: Intent to Rescind the Review with Respect to El 
Mana,'' dated August September 26, 2005 (Intent to Rescind Memorandum).
    The Department preliminarily determined the cooperative had in its 
possession at the time of sale of the subject merchandise to El Mana, 
labels indicating the final destination of the subject merchandise as 
the United States. The totality of the facts on the record led the 
Department to conclude that the cooperative had or should have had 
knowledge that the merchandise was destined for the United States. The 
Department stated that because there was no request for a review of the 
cooperative's sale to El Mana and because El Mana made no other sales 
during the POR, the Department intended to rescind the current new 
shipper review of El Mana.

Rescission of New Shipper Review

    For the reasons stated in the accompanying Rescission Memorandum 
and as outlined above, and pursuant to section 751(a)(2)(B) and 19 CFR 
351.214(f), we are rescinding this new shipper review. Parties can find 
a complete discussion of the issues raised in this new shipper review 
and the corresponding recommendations in this memorandum, which is on 
file in the Central Records Unit, room B-099 of the main Commerce 
Building. Since the Department is rescinding the new shipper review, we 
are not calculating a company-specific rate for El Mana.

Notification

    The Department will notify U.S. Customs and Border Protection (CBP) 
that bonding is no longer permitted to fulfill security requirements 
for shipments of Argentine honey by El Mana 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 El Mana.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(a)(2)(B) and 777(i) of the Act.

    Dated: November 28, 2005.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.

Appendix - Rescission Memorandum

1. Cooperative's knowledge of the destination of the merchandise at the 
time of sale.
2. Date of sale of subject merchandise by El Mana to the U.S. customer.
3. El Mana as a trading company or reseller
4. Other Issues raised by petitioner
[FR Doc. 05-23561 Filed 12-1-05; 8:45 am]
BILLING CODE 3510-DS-S