[Federal Register Volume 75, Number 177 (Tuesday, September 14, 2010)]
[Notices]
[Pages 55741-55742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-22899]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-357-812]


Honey From Argentina: Notice of Extension of Time Limit for 
Preliminary Results and Partial Rescission of Antidumping Duty 
Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (the Department) is rescinding 
in part the administrative review of the antidumping duty order on 
honey from Argentina for the period December 1, 2008, to November 30, 
2009 with respect to fifteen companies. This rescission, in part, is 
based on the timely withdrawal of the request for review by the 
interested parties that requested the review. A complete list of the 
companies for which the administrative review is being rescinded is 
provided in the background section below. Additionally, the Department 
is extending the preliminary results of this administrative review to 
no later than January 7, 2011.

DATES: Effective Date: September 14, 2010.

FOR FURTHER INFORMATION CONTACT: David Cordell or Ericka Ukrow, 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) 482-0405, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 1, 2009, the Department published in the Federal 
Register a notice of opportunity to request an administrative review of 
the antidumping duty order on, inter alia, honey from Argentina. See 
Antidumping or Countervailing Duty Order, Finding, or Suspended 
Investigation; Opportunity to Request Administrative Review, 74 FR 
62743 (December 1, 2009). In response and pursuant to 19 CFR 
351.213(b)(2), on December 31, 2009, the Asociacion de Cooperativas 
Argentinas S.A. (ACA), Nexco S.A. (Nexco), and Compania Inversora 
Platense S.A. (CIPSA) requested an administrative review of the 
antidumping duty order on honey from Argentina for the period December 
1, 2008, through November 30, 2009. Pursuant to 19 CFR 351.213(b)(1), 
the American Honey Producers Association and the Sioux Honey 
Association (collectively, petitioners), also on December 31, 2009, 
requested that the Department conduct an administrative review of the 
antidumping duty order on honey from Argentina for the December 1, 
2008, through November 30, 2009 period of review (POR) of entries of 
subject merchandise made by eighteen Argentine producers/exporters.
    On January 29, 2010, the Department initiated a review on seventeen 
companies \1\ for which an administrative review was requested. See 
Initiation of Antidumping and Countervailing Duty Administrative 
Reviews, Request for Revocation in Part, and Deferral of Initiation of 
Administrative Review, 75 FR 4770 (January 29, 2010) (Initiation 
Notice). On February 17, 2010, the Department informed interested 
parties to this administrative review of its intent to limit the number 
of companies to be examined. The Department encouraged all interested 
parties to submit comments regarding the use of U.S. Customs and Border 
Protection entry data for respondent selection purposes. See the 
Memorandum to the File, ``United States Customs and Border Protection 
Entry Data for Selection of Respondents for Individual Review,'' dated 
February 17, 2010. On March 5, 2010, the Department selected the four 
producers/exporters with the largest export volume during the POR as 
mandatory respondents: HoneyMax S.A. (HoneyMax), Nexco S.A. (Nexco), 
Patagonik S.A. (Patagonik), and TransHoney S.A. (TransHoney). See the 
Memorandum to Richard Weible, ``Administrative Review of the 
Antidumping Duty Order on Honey from Argentina: Respondent Selection 
Memorandum,'' dated March 5, 2010. On March 9, 2010, the Department 
issued its antidumping duty questionnaire to all four mandatory 
respondents. On March 31, 2010 and pursuant to 19 CFR 351.213(d)(1), 
petitioners timely withdrew their request for review of Honey Max. On 
April 7, 2010, petitioners and Nexco timely withdrew their requests for 
review for Nexco. On April 16, 2010, petitioners timely withdrew their 
request for review with respect to all companies except TransHoney, 
Patagonik, CIPSA, and ACA. Accordingly, the Department informed 
interested parties of its intent to rescind the review for all 
companies except TransHoney, Patagonik, and CIPSA, to continue with its 
deferral of the review with respect to ACA, and to select CIPSA as a 
mandatory respondent. See the Memorandum to the File, ``2008/2009 
Administrative Review of the Antidumping Duty Order on Honey from 
Argentina: Selection of New Mandatory Respondent,'' dated April 19, 
2010.
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    \1\ The Federal Register notice lists eighteen companies; 
however, the Department received a timely request by ACA to defer 
for one year the initiation of the December 1, 2008, through 
November 30, 2009 administrative review of its sales and entries of 
honey subject to the antidumping duty order on honey from Argentina 
in accordance with 19 CFR 351.213(c). The Department received no 
objections to this request from any party cited in 19 CFR 
351.213(c)(1)(ii), and therefore deferred for one year the 
initiation of the review for such exporter in accordance with 19 CFR 
351.213(c). See Initiation Notice, 75 FR at 4772-73.
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    On April 29, 2010, ACA timely withdrew its request for review 
submitted on December 31, 2009.\2\
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    \2\ The withdrawal of the request for review was submitted by 
ACA based on the Department's notification in the Federal Register 
revoking the antidumping duty order with respect to honey exported 
by ACA effective December 1, 2008. Because the order covering honey 
from Argentina is revoked with respect to ACA, all entries of 
subject merchandise exported by ACA will be liquidated without 
antidumping duties. Accordingly, there will be no relevant entries 
that might be subject to an antidumping review. See Honey from 
Argentina: Final Results of Antidumping Duty Administrative Review 
and Determination to Revoke Order in Part, 75 FR 23674 (May 4, 
2010).

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[[Page 55742]]

Period of Review

    The POR is December 1, 2008, through November 30, 2009.

Scope of the Order

    The product 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 subject to the order 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, the 
Department's written description of the merchandise under this order is 
dispositive.

Rescission, in Part, of Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an 
administrative review under this section, in whole or in part, if a 
party that requested a review withdraws the request within 90 days of 
the date of publication of notice of initiation of the requested 
review.
    Based on petitioners' and respondents' withdrawal of their requests 
of administrative review within the 90-day deadline, the Department is 
rescinding, in part, the antidumping duty administrative review on 
honey from Argentina for the period December 1, 2008 to November 30, 
2009 with respect to the following companies: AGLH S.A., Algodonera 
Avellaneda S.A., Alimentos Naturales-Natural Foods, Alma Pura, Bomare 
S.A., Compania Apicola Argentina S.A., El Mana S.A., Interrupcion S.A., 
Mielar S.A., Miel Ceta SRL., Productos Afer S.A., Seabird Argentina 
S.A., Honey Max, Nexco, and ACA.

Extension of Time Limit for Preliminary Results

    Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the 
Act), requires the Department to complete the preliminary results of an 
administrative review within 245 days after the last day of the 
anniversary month of an order for which a review is requested. However, 
if it is not practicable to complete the review within this time 
period, section 751(a)(3)(A) of the Act allows the Department to extend 
the time limit for the preliminary results to a maximum of 365 days 
after the last day of the anniversary month of an order for which a 
review is requested.
    The Department has determined it is not practicable to complete 
this review within the statutory time limit because we require 
additional time to gather cost of production data for Patagonik's 
suppliers of honey and sales information from CIPSA. The time needed to 
analyze cost of production data and CIPSA's sales information and to 
develop fully the record in this administrative review makes it 
impracticable to complete the preliminary results of this review within 
the originally specified time limit. Accordingly, the Department is 
extending the time limit for completion of the preliminary results of 
this administrative review to the maximum of 365 days.

Tolling of Deadlines

    In addition, the Department exercised its discretion to toll 
deadlines for the duration of the closure of the Federal Government 
from February 5, through February 12, 2010, as explained in the 
memorandum from the Deputy Assistant Secretary (DAS) for Import 
Administration. Thus, all deadlines in this segment of the proceeding 
were extended by seven days. See Memorandum to the Record from Ronald 
Lorentzen, DAS for Import Administration, regarding
    ``Tolling of Administrative Deadlines As a Result of the Government 
Closure During the Recent Snowstorm,'' dated February 12, 2010. 
Therefore, the deadline for the preliminary results of this review 
became no later than January 7, 2011. We intend to issue the final 
results no later than 120 days after publication of the notice of our 
preliminary results of review.

Notification to Parties

    This notice serves as a reminder to importers of their 
responsibility under section 351.402(f) of the Department's regulations 
to file a certificate regarding the reimbursement of antidumping duties 
prior to liquidation of the relevant entries during this period of 
time. Failure to comply with this requirement could result in the 
Secretary's presumption that reimbursement of antidumping duties 
occurred and subsequent assessment of double antidumping duties.

Notification Regarding Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with section 351.305(a)(3) of the Department's 
regulations. Timely written notification of the return or 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 sanctionable violation.
    This notice is issued and published in accordance with section 
351.213(d)(4) of the Department's regulations and sections 751(a)(3)(A) 
and 777(i)(1) of the Act.

    Dated: September 8, 2010.
Susan H. Kuhbach,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2010-22899 Filed 9-13-10; 8:45 am]
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