[Federal Register Volume 75, Number 87 (Thursday, May 6, 2010)]
[Notices]
[Pages 24880-24883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10685]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-863]
Administrative Review of Honey from the People's Republic of
China: Final Results of Antidumping Duty Administrative Review and
Rescission of Review, In Part
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On December 23, 2009, the Department of Commerce
(``Department'') published in the Federal Register the preliminary
results of the seventh administrative review, covering the period
December 1, 2007, through November 30, 2008, of the antidumping duty
order on honey from the People's Republic of China (``PRC'').\1\ We
gave interested parties an opportunity to comment on the Preliminary
Results. After reviewing interested parties' comments, we made no
changes for the final results of review. The final antidumping duty
margins for this review are listed in the ``Final Results of Review''
section below.
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\1\ See Seventh Administrative Review of Honey from the People's
Republic of China: Preliminary Results of Antidumping Duty
Administrative Review and Intent to Rescind, In Part, 74 FR 68249
(December 23, 2009) (``Preliminary Results'').
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DATES: Effective Date: May 6, 2010.
FOR FURTHER INFORMATION CONTACT: Katie Marksberry or Josh Startup, AD/
CVD Operations, Office 9, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
7906 or (202) 482-5260, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 2, 2009, the Department initiated this review with
respect to thirty-eight companies upon which an administrative review
was requested.\2\
[[Page 24881]]
Subsequently, pursuant to section 351.213(d)(1) of the Department's
regulations, the Department rescinded the administrative review with
respect to thirty-three companies, based upon Petitioners'\3\ timely
withdrawal of review requests.\4\ Thus, five companies remain subject
to this review.
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\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 74 FR
5821 (February 2, 2009) (``Initiation Notice'').
\3\ The petitioners are the members of the American Honey
Producers Association and the Sioux Honey Association (hereinafter
referred to as ``Petitioners'').
\4\ See Honey from the People's Republic of China: Partial
Rescission of the Seventh Antidumping Administrative Review, 74 FR
11087 (March 16, 2009).
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As noted above, on December 23, 2009, the Department published the
Preliminary Results of this administrative review. In the Preliminary
Results Federal Register notice, we set the deadline for interested
parties to submit case briefs and rebuttal briefs to January 22, 2010,
and January 29, 2010, respectively. On January 26, 2010, we extended
the deadline for parties to submit rebuttal briefs to February 3, 2010.
On January 21, 2010, Dongtai Peak Honey Industry Co., Ltd. (``Dongtai
Peak'') filed a case brief. On February 4, 2010, the Petitioners filed
a rebuttal brief. On February 17, 2010, the Department sent Dongtai
Peak a letter requiring it to remove new factual information from its
brief, pursuant to section 351.301(b)(2) of the Department's
regulations. Subsequently, Dongtai Peak resubmitted its case brief on
February 24, 2010. On March 30, 2010, the Department sent Dongtai Peak
another letter, rejecting Dongtai Peak's resubmitted case brief which
continued to contain new information. On April 2, 2010, Dongtai Peak
resubmitted its case brief. The Department did not hold a public
hearing pursuant to 19 CFR 351.310(d), as there were no hearing
requests made by interested parties.
As explained in the memorandum from the Deputy Assistant Secretary
for Import Administration, the Department has exercised its discretion
to toll deadlines for the duration of the closure of the Federal
Government from February 5, through February 12, 2010.\5\ Thus, all
deadlines in this segment of the proceeding were extended by seven
days, and the revised deadline for the final results of this review
became April 29, 2010.
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\5\ See Memorandum to the Record regarding ``Tolling of
Administrative Deadlines As a Result of the Government Closure
During the Recent Snowstorm,'' dated February 12, 2010.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
these reviews are addressed in the ``Administrative Review of Honey
from the People's Republic of China: Issue and Decision Memorandum for
the Final Results,'' (``Issues and Decision Memorandum'') which is
dated concurrently with this notice, and which is hereby adopted by
this notice. A list of the issues which parties raised and to which we
respond in the Issues and Decision Memorandum is attached to this
notice as an Appendix. The Issues and Decision Memorandum is a public
document and is on file in the Central Records Unit (``CRU''), Main
Commerce Building, Room 1117, and is accessible on the Department's
website at http://www.trade.gov/ia. The paper copy and electronic
version of the memorandum are identical in content.
Scope of the Order
The products covered by this order 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 customs
purposes, the Department's written description of the merchandise under
order is dispositive.
Final Partial Rescission of Administrative Review
In the Preliminary Results, the Department preliminarily rescinded
the administrative review of Dongtai Peak, whose POR sales the
Department found to be non-bona fide. See Preliminary Result; see also
Memorandum to James C. Doyle, Director, Office 9; through Catherine
Bertrand, Program Manager; from Blaine Wiltse, International Trade
Compliance Analyst; regarding Antidumping Duty Administrative Review of
Honey from the People's Republic of China: Bona fide Analysis of the
Sales Under Review for Dongtai Peak Honey Industry Co., Ltd. (dated
December 16, 2009). The Department received comments with respect to
our preliminary decision to rescind the review. The Department
continues to find the sales by Dongtai Peak to be non-bona fide.\6\
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\6\ See Issues and Decision Memorandum at Comment 1.
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Facts Available
For the reasons stated below, we are applying adverse facts
available (``AFA'') to the PRC-wide entity which includes Anhui Native
Produce Import and Export Corp. (``Anhui Native''). Section 776(a)(2)
of the Act provides that if an interested party: (A) withholds
information that has been requested by the Department; (B) fails to
provide such information in a timely manner or in the form or manner
requested, subject to subsections 782(c)(1) and (e) of the Act; (C)
significantly impedes a determination under the antidumping statute; or
(D) provides such information but the information cannot be verified,
the Department shall, subject to subsection 782(d) of the Act, use
facts otherwise available in reaching the applicable determination.
Furthermore, section 776(b) of the Act provides that, if the
Department finds that an interested party ``has failed to cooperate by
not acting to the best of its ability to comply with a request for
information,'' the Department may use information that is adverse to
the interests of that party as facts otherwise available. Adverse
inferences are appropriate ``to ensure that the party does not obtain a
more favorable result by failing to cooperate than if it had cooperated
fully.'' See Statement of Administrative Action (``SAA'') accompanying
the URAA, H.R. Doc. No. 316, 103d Cong., 2d Session at 870 (1994). An
adverse inference may include reliance on information derived from the
petition, the final determination in the investigation, any previous
review, or any other information placed on the record. See section
776(b) of the Act.
In the Preliminary Results, the Department determined that in
accordance with section 776(a)(2)(B) of the Act and 782(c)(1) of the
Act, the use of facts available is appropriate for the PRC-wide entity,
which the Department determined includes Anhui Native. As discussed in
the Preliminary Results, Anhui Native was selected as a mandatory
respondent in the current review but did not submit a response to the
antidumping duty questionnaires issued by the Department on March 9,
2009. On April 15, 2009, Anhui Native submitted a letter informing the
Department that it would not participate in the current review. As
Anhui Native was selected as a mandatory respondent but did not submit
its response to the
[[Page 24882]]
questionnaire, Anhui Native did not demonstrate its eligibility for a
separate rate and thus was determined to be part of the PRC-wide entity
for purposes of this review. Because Anhui Native, as part of the PRC-
wide entity, failed to respond to the Department's requests for
information, the Department finds that the PRC-wide entity did not
cooperate to the best of its ability, and its non-responsiveness
necessitates the use of facts available, pursuant to sections
776(a)(2)(A), (B) and (C) of the Act. Because the PRC-wide entity, now
including Anhui Native, withheld requested information, failed to
provide information in a timely manner and in the form requested, and
significantly impeded this proceeding, we continue to find that the
PRC-wide entity, failed to cooperate to the best of its ability, and,
accordingly, find it appropriate to apply to it a margin based on AFA..
The Department's determination is in accordance with sections
776(a)(2)(A), (B), (C) and 776(b) of the Act.\7\ As no interested party
commented on this determination regarding Anhui Native or the PRC-wide
entity, we have made no changes from our Preliminary Results with
respect to this issue.
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\7\ See e.g., Non-Malleable Cast Iron Pipe Fittings from the
People's Republic of China: Final Results of Antidumping Duty
Administrative Review, 71 FR 69546 (December 1, 2006) and
accompanying Issues and Decision Memorandum at Comment 1. See also
Certain Frozen Warmwater Shrimp from the Socialist Republic of
Vietnam: Preliminary Results of the First Administrative Review and
New Shipper Review, 72 FR 10689, 10692 (March 9, 2007) (decision to
apply total AFA to the NME-wide entity) unchanged in Certain Frozen
Warmwater Shrimp From the Socialist Republic of Vietnam: Final
Results of the First Antidumping Duty Administrative Review and
First New Shipper Review, 72 FR 52052 (September 12, 2007)
(``Vietnam Shrimp AR1'').
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Separate Rate Status
In the Preliminary Results, the Department noted that it was unable
to deliver the antidumping duty questionnaire to Qinhuangdao Municipal
Dafeng Industrial Co., Ltd. (``QMD'') after it was selected for
individual examination in this review. Also, in the Preliminary
Results, we stated that because QMD did not submit a separate rate
certification or application, as instructed in the Initiation Notice,
we found that QMD did not demonstrate its eligibility for a separate
rate and thus is properly considered part of the PRC-wide entity.
Consequently, as no interested party commented on this issue, we are
continuing to find that QMD is not eligible for a separate rate in this
review and will be considered part of the PRC-Wide entity.
In the Initiation Notice, we required that all companies listed
therein wishing to qualify for separate rate status in this
administrative review to submit, as appropriate, either a separate rate
application or certification.\8\ As noted above, the Department
initiated this administrative review with respect to thirty-eight
companies, and rescinded the review on thirty-three of those thirty-
eight companies. Thus, in addition to Dongtai Peak, Anhui Native, and
QMD, two companies remain subject to this review. We note that neither
of the two remaining companies, Inner Mongolia Youth Trade Development
Co., Ltd. and Wuhu Qinshgi Tangye, demonstrated eligibility for
separate rate status in this administrative review. In the Preliminary
Results, the Department determined that those companies which did not
demonstrate eligibility for a separate rate are properly considered
part of the PRC-Wide entity.\9\ Since the Preliminary Results, no
interested parties submitted comments regarding these findings.
Therefore, we continue to treat these two entities as part of the PRC-
Wide entity.
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\8\ See Initiation Notice.
\9\ See Preliminary Results.
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Final Results of Review
The weighted-average dumping margins for the POR are as follows:
Honey from the People's Republic of China
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Margin (per
Manufacturer/Exporter kilogram)
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PRC-Wide Rate\10\................................... $2.63
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Assessment
Upon issuance of these final results, the Department will
determine, and Customs and Border Protection (``CBP'') shall assess,
antidumping duties on all appropriate entries covered by these reviews.
The Department intends to issue assessment instructions to CBP 15 days
after the publication date of the final results of this review.
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\10\ The PRC-wide entity includes: Anhui Native Produce Import
and Export Corp., Inner Mongolia Youth Trade Development Co., Ltd.,
Qinhuangdao Municipal Dafeng Industrial Co., Ltd., and Wuhu Qinshgi
Tangye.
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of these final results of administrative 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)(2)(C) of the Act: (1) for the exporters
listed above, the cash deposit rate will be established in the final
results of this review (except, if the rate is zero or de minimis,
i.e., less than 0.5 percent, no cash deposit will be required for that
company); (2) for previously investigated or reviewed PRC and non-PRC
exporters not listed above that have separate rates, the cash deposit
rate will continue to be the exporter-specific rate published for the
most recent period; (3) for all PRC exporters of subject merchandise
which have not been found to be entitled to a separate rate, the cash
deposit rate will be the PRC-wide rate $2.68 per kilogram; and (4) for
all non-PRC exporters of subject merchandise which have not received
their own rate, the cash deposit rate will be the rate applicable to
the PRC exporters that supplied that non-PRC exporter. These deposit
requirements, when imposed, shall remain in effect until further
notice.
Reimbursement of Duties
This notice also 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 POR. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties has occurred and the subsequent
assessment of doubled antidumping duties.
Administrative Protective Orders
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 administrative review and notice
in accordance with sections 751(a)(1) and 777(i) of the Act.
[[Page 24883]]
Dated: April 29, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix I - Decision Memorandum
Company Specific Issues
Comment 1: Whether Dongtai Peak' Sales Were Not Bona Fide
a. Timing of POR Sales
b. Prices of Sales
c. Quantity of Sales
d. Business Practices of U.S. Customers
[FR Doc. 2010-10685 Filed 5-5-10; 8:45 am]
BILLING CODE 3510-DS-S