[Federal Register Volume 75, Number 71 (Wednesday, April 14, 2010)]
[Notices]
[Pages 19357-19358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-8559]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-863]
Honey From the People's Republic of China: Notice of Amended
Final Results Pursuant to Final Court Decision
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On November 18, 2008, the Court of International Trade
(``CIT'') affirmed the Department's remand determination and entered
judgment in Shanghai Eswell Enteprise Co., Ltd., Jinfu Trading Co.,
Ltd., and Zhejiang Native Produce and Animal By-Products Import &
Export Group Corp. v. United States, Court 2008 Ct. Intl. Trade LEXIS
123 (November 18, 2008) (``Shanghai Eswell II''), which challenged
certain aspects of the Department of Commerce's (``the Department'')
findings in Honey from the People's Republic of China: Final Results
and Final Rescission, In Part, of Antidumping Duty Administrative
Review, 70 FR 38873 (July 6, 2005) (``Final Results'') and the
accompanying Issues and Decision Memorandum. Additionally, on appeal,
on November 5, 2009, the Court of Appeals for the Federal Circuit
(``CAFC'') affirmed the CIT's ruling in Eswell II. See Shanghai Eswell
Enterprise Co., Ltd., Jinfu Trading Co., Ltd., and Zhejiang Native
Produce and Animal By-Products Import & Export Group Corp. v. United
States, 2009 U.S. App. LEXIS 24374 (Fed. Cir. Nov. 5, 2009) (``Shanghai
Eswell III''). As explained below, in accordance with the order
contained in the CIT's November 18, 2008 judgement, Shanghai Eswell II,
the Department is amending the Final Results of the review to apply the
recalculated surrogate financial ratios in the Department's normal
value calculation.
DATES: Effective Date: April 14, 2010.
FOR FURTHER INFORMATION CONTACT: Julia Hancock or Scot T. Fullerton,
AD/CVD Operations, Office 9, Import Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, NW., Room 4003,
Washington, DC 20230; telephone: (202) 482-1394 or (202) 482-1386,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 6, 2005, the Department completed its Final Results of the
second administrative review of honey from the People's Republic of
China (``PRC''). On September 13, 2007, the CIT remanded the following
issues to the Department for further explanation consistent with its
opinion and Order: (1) The surrogate value for raw honey and the
evidence indicating a decline in honey prices; (2) the denial of a
circumstance of sale adjustment for sales commissions; (3) the failure
to include MHPC's expenses for jars, corks and honey machines in the
financial ratio calculation; and (4) the finding Jinfu PRC was
unaffiliated with Jinfu USA. See Shanghai Eswell Enterprise, Co., Ltd.,
et al. v. United States, 31 C.I.T. 1570, (Ct. Int'l Trade 2007).
Pursuant to the CIT's remand instructions, the Department: (1)
Addressed record evidence which indicated a decline in export prices
during the second half of the POR and explained why we have refrained
from considering these data in calculating a surrogate value for raw
honey; (2) explained that there was insufficient evidence of an exact
correlation between respondents' and the surrogate producer's expenses
and continued to deny circumstances of sale adjustment for sales
commissions; (3) revised our financial ratio calculations to include
reported expenses for jars and corks as direct materials used for
producing finished honey and provided further explanation regarding our
finding that honey machine purchases do not constitute direct expenses;
and (4) examined the record evidence and continued to find that Jinfu
PRC and Jinfu USA were not affiliated prior to October 25, 2003,
because Jinfu PRC's CEO did not exercise control over Jinfu USA prior
to this date.
On February 11, 2008, the Department filed its final results of
redetermination pursuant to Eswell I with the CIT. See Final Results of
Redetermination Pursuant to Court Remand: Shanghai Eswell Enterprise
Co., Ltd. v. United States, Court No. 06-00430 (February 11, 2008)
(``Eswell I''). As noted above, both the CIT and the Federal Circuit
affirmed the agency's remand determination. See Shanghai Eswell II,
Shanghai Eswell III. Because the Department, in its remand
determination, revised its financial ratio calculations to include
expenses for jars and corks as direct materials used to produce
finished honey, we must revise the surrogate financial ratios and
margin calculations for Eswell Enterprise Co., Ltd., Jinfu and Zhejiang
Native Produce and Animal By-Products Import & Export Group Corp.
Amendment to the Final Determination
Because there is now a final and conclusive court decision,
effective as of the publication date of this notice, we are amending
the Final Results and revising the weighted average dumping margins for
the following companies:
Honey from the PRC
------------------------------------------------------------------------
Weighted-
average
Manufacturer/exporter margin
(percent)
------------------------------------------------------------------------
Shanghai Eswell Enterprise Co., Ltd......................... 27.64
Jinfu Trading Co., Ltd...................................... 58.44
Zhejiang Native Produce and Animal By-Products Import & 34.81
Export Group Corp..........................................
------------------------------------------------------------------------
We have calculated: (1) Shanghai Eswell Enterprise Co., Ltd.'s
(``Shanghai Eswell'') company-specific antidumping margin as 27.64
percent; (2) Jinfu Trading Co., Ltd.'s (``Jinfu Trading'') company-
specific antidumping margin as 58.44 percent; and (3) Zhejiang Native
Produce and Animal By-Products Import & Export Group Corp.'s
(``Zhejiang Native'') company-specific antidumping margin as 34.81
percent. See the Memorandum to the File from Michael Quiqley,
``Analysis Memorandum for the Final Results of the Redetermination of
the
[[Page 19358]]
Redetermination of the Financial Ratios Remand for Antidumping Duty
Administrative Review of Honey from the People's Republic of China for
Shanghai Eswell Enterprise Co., Ltd.,'' dated February 11, 2008
(``Eswell Final Analysis Memo''); Memorandum to the File from Michael
Quiqley, ``Analysis Memorandum for the Final Results of the
Redetermination of the Redetermination of the Financial Ratios Remand
for Antidumping Duty Administrative Review of Honey from the People's
Republic of China for Jinfu Trading Co., Ltd.,'' dated February 11,
2008 (``Jinfu Trading Final Analysis Memo''); the Memorandum to the
File from Michael Quiqley, ``Analysis Memorandum for the Final Results
of the Redetermination of the Redetermination of the Financial Ratios
Remand for Antidumping Duty Administrative Review of Honey from the
People's Republic of China for Zhejiang Native Produce and Animal By-
Products Import & Export Group Corp.,'' dated February 11, 2008
(``Zhejiang Native Final Analysis Memo'').
There have been no other changes to this analysis, except for the
revised financial ratio calculations to include expenses for jars and
corks as direct materials used to producing finished honey, for these
amended final results. In accordance with the Department's practice of
issuing importer-specific assessment rates, we will instruct the United
States Customs and Border Protection (``CBP'') to apply the importer
specific assessment rate for Shanghai Eswell's, Jinfu Trading's, and
Zhejiang Native's respective exports to the United States. See Eswell
Final Analysis Memo at Attachment 3; Jinfu Trading Final Analysis Memo
at Attachment 3; and Zhejiang Native Final Analysis Memo at Attachment
3. The Department will issue appropriate assessment instructions
directly to CBP within 15 days of publication of the amended final
results of this review.
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended.
Dated: April 5, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-8559 Filed 4-13-10; 8:45 am]
BILLING CODE 3510-DS-P