ANTIDUMPING DUTY ORDER IN THE INVESTIGATION OF HONEY FROM ARGENTINA (A-357-812)

MESSAGE NO: 1353203 DATE: 12 19 2001 CATEGORY: ADA TYPE: LIQ REFERENCE: REFERENCE DATE: CASES: A - 357 - 812 - - - - - - - - - - PERIOD COVERED: 12 10 2001 TO LIQ SUSPENSION DATE: TO: DIRECTORS OF FIELD OPERATIONS PORT DIRECTORS FROM: DIRECTOR, TRADE ENFORCEMENT & CONTROL RE: ANTIDUMPING DUTY ORDER IN THE INVESTIGATION OF HONEY FROM ARGENTINA (A-357-812) 1. ON 12/10/2001, THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER ITS ANTIDUMPING DUTY ORDER IN THE INVESTIGATION OF HONEY FROM ARGENTINA (66 FR 63672). 2. FOR PURPOSES OF THIS ORDER, 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 THIS 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 U.S. CUSTOMS SERVICE (U.S. CUSTOMS) PURPOSES, THE DEPARTMENT'S WRITTEN DESCRIPTION OF THE MERCHANDISE UNDER ORDER IS DISPOSITIVE. 3. FOR REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED INVESTIGATION NUMBER A-357-812. 4. FOR IMPORTS OF HONEY FROM ARGENTINA, THE CUSTOMS SERVICE SHALL SUSPEND LIQUIDATION OF SUCH SHIPMENTS ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER 05/11/2001. EFFECTIVE 12/10/2001, CUSTOMS SHALL REQUIRE A CASH DEPOSIT EQUAL TO THE MARGINS SHOWN BELOW: MFR/PRODUCER CUSTOMS ID MARGIN EXPORTER NUMBER PERCENTAGE RADIX S.R.L. (RADIX) A-357-812-001 27.04 ASOCIACION DE COOPERATIVAS A-357-812-002 31.92 ARGENTINAS (ACA) CONAGRA ARGENTINA A-357-812-003 55.15 ALL OTHERS A-357-812-000 30.24 5. IN ACCORDANCE WITH SECTION 772(C)(1)(C) OF THE TARIFF ACT, ANTIDUMPING DUTIES CANNOT BE ASSESSED ON THE PORTION OF THE MARGIN ATTRIBUTABLE TO EXPORT SUBSIDIES. THEREFORE, THERE IS NO REASON TO REQUIRE A CASH DEPOSIT OR BOND FOR THAT AMOUNT. THE DEPARTMENT HAS DETERMINED IN ITS FINAL AFFIRMATIVE COUNTERVAILING DUTY DETERMINATION ON HONEY FROM ARGENTINA (C-357-813) THAT THE PRODUCT UNDER INVESTIGATION BENEFITTED FROM EXPORT SUBSIDIES OFFERED BY THE GOVERNMENT OF ARGENTINA. ACCORDINGLY, FOR CASH DEPOSIT PURPOSES WE HAVE SUBTRACTED FROM THE EXPORTERS' WEIGHTED-AVERAGE MARGIN THAT PORTION OF THE RATE ATTRIBUTABLE TO THE EXPORT SUBSIDIES FOUND IN THE COUNTERVAILING DUTY INVESTIGATION (I.E. 5.52 PERCENT). WE MADE THE SAME ADJUSTMENT TO THE "ALL OTHERS" CASH DEPOSIT RATE. 6. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS OFFICERS, PLEASE CONTACT, VIA E-MAIL, THROUGH THE APPROPRIATE SUPERVISORY CHANNELS, OTHER GOVERNMENT AGENCY LIAISON, USING THE ATTRIBUTE "HQ OAB." THE IMPORTING PUBLIC AND OTHER INTERESTED PARTIES SHOULD CONTACT MELISSA BLACKLEDGE, OFFICE 8 AD/CVD ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-3518. 7. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. PAUL SCHWARTZ