[Federal Register Volume 76, Number 16 (Tuesday, January 25, 2011)]
[Notices]
[Pages 4289-4290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-1388]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-863]
Honey From the People's Republic of China: Final Results and
Rescission of Antidumping Duty New Shipper Reviews
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: January 25, 2011.
SUMMARY: On September 10, 2010, the Department of Commerce (the
``Department'') published the preliminary results of these new shipper
reviews (``NSR''), for the period of review (``POR'') of December 1,
2008, through November 30, 2009.\1\ Based on our analysis of the
comments received, and after reexamining the bona fides of the sales
made by Suzhou Shanding Honey Product Co., Ltd. (``Suzhou'') and Wuhu
Fenglian Co., Ltd. (``Fenglian''), the Department finds that that sales
under review are not bona fide transactions; therefore, for these final
results, the Department has rescinded the review with respect to Suzhou
and Fenglian.
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\1\ See Honey From the People's Republic of China: Preliminary
Intent To Rescind New Shipper Reviews, 75 FR 55307 (September 10,
2010). Because the sales under review were made during the POR, but
entered after the POR, the Department expanded the POR by thirty
days.
FOR FURTHER INFORMATION CONTACT: Katie Marksberry and Joshua Startup,
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.
Background
On September 2, 2010, the Department placed U.S. Customs and Border
Protection (``CBP'') data on the record of this review. The Department
published its Preliminary Results on September 10, 2010. On September
22, 2010, and September 23, 2010, respectively, Suzhou and Fenglian
submitted comments containing untimely factual information. On
September 23, 2010, and September 24, 2010, respectively, the
Department removed the untimely submissions from the record of this
review. On September 29, 2010, the Department received surrogate value
comments from the respondents. On October 1, 2010, the respondents
collectively filed a letter requesting that the Department issue a
second post-preliminary supplemental questionnaire. On October 7, 2010,
the Department issued a letter to the respondents stating that it would
not issue an additional questionnaire. On November 1, 2010, we received
individually filed case briefs from Suzhou and Fenglian. On November 9,
2010, we received a single rebuttal brief from Petitioners.\2\ We did
not receive any case or rebuttal briefs from any other interested
parties.
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\2\ The petitioners are the members of the American Honey
Producers Association and the Sioux Honey Association (hereinafter
referred to as ``Petitioners'').
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Extension of Time Limits
On October 6, 2010, the Department extended the time limit for
these final results by 90 days to January 31, 2011.\3\
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\3\ See Honey From the People's Republic of China: Extension of
Time Limit for the Final Results for New Shipper Review, 75 FR 61697
(October 6, 2010).
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Scope of the Order
The products covered by the 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.
[[Page 4290]]
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
purposes, the Department's written description of the merchandise under
order is dispositive.
Analysis of Comments Received
All issues raised in the briefs by parties to these reviews are
addressed in the ``New Shipper Reviews of Honey from the People's
Republic of China: Issues and Decision Memorandum,'' dated January 31,
2010, which is hereby adopted by this notice (``Issues and Decision
Memo''). A list of the issues which parties raised and to which we
respond in the Issues and Decision Memo is attached to this notice as
an Appendix. The Issues and Decision Memo is a public document and is
on file in the Central Records Unit (``CRU''), main Commerce building,
Room 7046, and is accessible on the Web at http://www.trade.gov/ia. The
paper copy and electronic version of the memorandum are identical in
content.
Changes Since the Preliminary Results
We have made no changes to our preliminary decision to rescind the
NSRs of Suzhou and Fenglian.
Final Rescission of New Shipper Reviews
In the Preliminary Results, the Department preliminarily rescinded
the NSRs for Suzhou and Fenglian, whose POR sales the Department found
to be non-bona fide.\4\ The Department received comments with respect
to our preliminary decision to rescind the review. For these final
results the Department continues to find the sales by Suzhou and
Fenglian to be non-bona fide.\5\
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\4\ See Preliminary Results; see also Memorandum to the File
from Katie Marksberry, International Trade Specialist, through
Catherine Bertrand, Program Manager, regarding ``Antidumping Duty
New Shipper Review of Honey from the People's Republic of China:
Bona Fide Analysis of the Sale Under Review for Suzhou Shanding
Honey Product Co., Ltd.,'' dated September 2, 2010; see also
Memorandum to the File from Josh Startup, International Trade
Specialist, through Catherine Bertrand, Program Manager, regarding
``Antidumping Duty New Shipper Review of Honey from the People's
Republic of China: Bona Fide Analysis of the Sale Under Review for
Wuhu Fenglian Co., Ltd.,'' dated September 2, 2010.
\5\ See Issues and Decision Memorandum at Comments 3 and 4.
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Cash-Deposit Requirements
The following cash deposit requirements will be effective upon
publication of these final results for all shipments of subject
merchandise from Suzhou or Fenglian 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 subject
merchandise produced and exported by Suzhou or Fenglian, the cash
deposit rate will continue to be the PRC-wide rate (i.e., $2.63 per
kilogram); (2) for subject merchandise exported by Suzhou or Fenglian
but not manufactured by Suzhou or Fenglian, the cash deposit rate will
continue to be the PRC-wide rate (i.e., $2.63 per kilogram); and (3)
for subject merchandise manufactured by Suzhou or Fenglian, but
exported by any other party, the cash deposit rate will be the rate
applicable to the exporter. These cash deposit requirements, when
imposed, shall remain in effect until further notice.
Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective order (``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 determination in accordance with
sections 751(a)(2)(B) and 777(i) of the Act, and 19 CFR 351.214(h) and
351.221(b)(5).
Dated: January 13, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix I
General Issues
Comment 1: Department's Treatment of Respondents' Post-Preliminary
Request for Additional Supplemental Questionnaires
Comment 2: Department's Rejection of Respondents' Submission
Comment 3: Accuracy of the CBP Data
Company Specific Issues
Comment 4: Finding that Suzhou's POR Sale was Non-Bona Fide
Comment 5: Finding that Fenglian's Sale was Non-Bona Fide
[FR Doc. 2011-1388 Filed 1-24-11; 8:45 am]
BILLING CODE 3510-DS-P