70 FR 36563, June 24, 2005
DEPARTMENT OF COMMERCE
International Trade Administration
[C-357-813]
Honey from Argentina:
Final Results of Countervailing Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On December 21, 2004, the Department of Commerce (the
Department) published in the Federal Register its preliminary results
of administrative review of the countervailing duty order on honey from
Argentina for the period January 1, 2003, through December 31, 2003.
Honey from Argentina: Preliminary Results of Countervailing Duty
Administrative Review, 68 FR 69660 (December 21, 2004) (Preliminary
Results). We received no comments from interested parties; therefore,
we have made no changes to the net countervailable subsidy rates for
the POR. The final net countervailable subsidy rates are listed below
in the section entitled ``Final Results of Administrative Review.''
EFFECTIVE DATE: June 24, 2005.
FOR FURTHER INFORMATION CONTACT: Dara Iserson and Thomas Gilgunn, AD/
CVD Operations, Office 6, Import Administration, U.S. Department of
Commerce, Room 7866, 14th Street and Constitution Avenue, NW,
Washington, DC 20230; telephone (202) 482-4052 or (202) 482-4236,
respectively.
SUPPLEMENTARY INFORMATION:
Background
In response to requests for an administrative review of the
countervailing duty (CVD) order on honey from Argentina from the
Government of Argentina (GOA) (respondents) and the American Honey
Producers Association and Sioux Honey
[[Page 36564]]
Association (petitioners), the Department initiated an administrative
review for the period January 1, 2003, through December 31, 2003. See
Initiation of Antidumping and Countervailing Duty Administrative
Reviews and Request for Revocation in Part, 69 FR 3117 (January 22,
2004) (Initiation Notice).
On December 21, 2004, the Department published in the Federal
Register the preliminary results of the administrative review of the
countervailing duty order on honey from Argentina. See Preliminary
Results. From April 18 through April 20, 2005, the Department conducted
verification of the responses of the GOA. On May 9, 2005, the
Department released the verification report to interested parties. See
Second Administrative Review of Honey from Argentina: Verification
Report for the Government of Argentina (May 9, 2005) (Honey
Verification Report). The Department invited comments on the
preliminary results and the verification report. Neither the
petitioners nor the respondents submitted comments. Therefore, the
Department has not made changes to the Preliminary Results.
Scope of the Order
The merchandise covered by this order is artificial honey
containing more than 50 percent natural honeys by weight, preparations
of natural honey containing more than 50 percent natural honeys by
weight, and flavored honey. The subject merchandise includes all grades
and colors of honey whether in liquid, creamed, combs, cut comb, or
chunk form, and whether packaged for retail or in bulk form.
The merchandise subject to this order is currently classifiable
under subheadings 0409.00.00, 1702.90, 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. Customs and Border
Protection (CBP) purposes, the Department's written description of the
merchandise covered by this order is dispositive.
Final Results of Administrative Review
Neither the petitioners nor respondents commented on the
preliminary results or on the verification reports and we found that no
changes were warranted based on the results of verification. See Honey
Verification Report. Therefore, we have made no changes to the net
countervailable subsidy rates for the POR.
Listed below are the programs we examined in the review and our
findings with respect to each of these programs. For a complete
analysis of the programs found to be countervailable, not used, and
terminated, see Preliminary Results.
I. Programs Determined to be Countervailable
A. Federal Programs
------------------------------------------------------------------------
Programs Determined to be Countervailable Ad Valorem Rate
------------------------------------------------------------------------
Regional Productive Revitalization Program.......... 0.010 percent
BNA Financing for the Acquisition of Goods of 0.005 percent
Argentine Origin...................................
------------------------------------------------------------------------
B. Provincial Programs
------------------------------------------------------------------------
Programs Determined to be Countervailable Ad Valorem Rate
------------------------------------------------------------------------
Province of San Luis Honey Development Program...... 0.015 percent
Province of Chaco Line of Credit Earmarked for the 0.015 percent
Honey Sector.......................................
Buenos Aires Honey Program.......................... 0.038 percent
------------------------------------------------------------------------
II. Programs Determined to be Not Used
A. Federal Programs
1. Argentine Internal Tax Reimbursement/Rebate Program (Reintegro)
2. BICE Norm 001: Financing of Production of Goods Destined for
Export
3. BICE Norm 007: Line of Credit Offered to Finance Industrial
Investment Projects to Restructure and Modernize the Argentine Industry
4. BNA Line of Credit to the Agricultural Producers of the
Patagonia
5. BNA Pre-Financing of Exports Regime for the Agricultural Sector
6. Production Pole Program for Honey Producers
7. Enterprise Restructuring Program
8. SGRs - Government Backed Loans Guarantees
9. Fundacion Export AR
10. PROAPI
B. Provincial Programs
1. Buenos Aires Honey Program
a. The Line of Credit for Working Capital
b. Technical Assistance
2. Province of Entre Rios Honey Program
3. Province of Chubut: Province of Chubut Law No. 4430/98
4. Province of Santiago del Estero Creditos de Confinanzas (Trust
Credits)
III. Program Determined to be Terminated
Factor de Convergencia (Convergence Factor)
We will disclose our calculations to the interested parties in
accordance with section 351.224(b) of the regulations.
Assessment and Cash Deposit Instructions
In accordance with section 777A(e)(2)(B) of the Act, we have
calculated the net countervailable subsidy rates on an aggregate or
industry-wide basis for exports of subject merchandise in this
administrative review. Accordingly, we determine the total net
countervailable subsidy rate to be 0.08 percent ad valorem for the POR.
This rate is de minimis within the meaning of 19 CFR 351.106(c)(1).
Because the countervailable subsidy rate is de minimis, the
Department will instruct CBP to liquidate shipments of honey from
Argentina entered, or withdrawn from warehouse, for consumption on or
after January 1, 2003, and on or before December 31, 2003 without
regard to countervailing duties. The Department will issue appropriate
assessment instructions directly to the CBP within 15 days of
publication of these final results of review. Further, since the
countervailable subsidy rate is de minimis, the Department will
instruct CBP to continue to suspend liquidation of entries but to
collect no cash deposits of estimated countervailing duties for all
shipments of honey from Argentina entered, or withdrawn from warehouse,
for consumption on or after the date of publication of these final
results of administrative review.
Return or Destruction of Propriety Information
This notice 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 19 CFR Sec. 351.305. Timely written
notification of return/destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is sanctionable violation.
This administrative review and notice are issued and published in
accordance with section 751(a)(1) and 777(i)(1) of the Act.
[[Page 36565]]
Dated: June 17, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-3298 Filed 6-23-05; 8:45 am]