[Federal Register Volume 74, Number 5 (Thursday, January 8, 2009)]
[Notices]
[Pages 796-797]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-66]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-863]
Honey From the People's Republic of China: Final Results and
Partial Rescission of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On November 7, 2008, the Department of Commerce
(``Department'') published the preliminary results of its
administrative review of the antidumping duty order on honey from the
People's Republic of China (``PRC''), covering the period of December
1, 2006, through November 30, 2007. See Sixth Administrative Review of
Honey From the People's Republic of China: Preliminary Results and
Partial Rescission of Antidumping Duty Administrative Review, 73 FR
66221 (November 7, 2008) (``Preliminary Results''). The Department
received no comments on its Preliminary Results.
DATES: Effective Date: January 8, 2009.
FOR FURTHER INFORMATION CONTACT: Paul Walker or Scot Fullerton, AD/CVD
Operations, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202) 482-0413 or (202) 482-1386,
respectively.
[[Page 797]]
Case History
After issuing the Preliminary Results on November 7, 2008, the
Department provided Anhui Native Produce Import & Export Corporation
(``Anhui Native''), the only participating respondent in this review,
an opportunity to correct certain deficiencies in its section C
database. See the Department's letter dated November 17, 2008.
Specifically, as noted in the Preliminary Results, Anhui Native
reported antidumping duties rather than Customs duties in its section C
database. See Preliminary Results. On November 21, 2008, Anhui Native
submitted a revised section C database. See Anhui Native's November 21,
2008 submission at Exhibit 1.
Additionally, the Department invited interested parties to comment
on the Preliminary Results. No interested party, including Anhui
Native, submitted a case brief or comments, or requested a hearing.
Therefore, the Department made only one change from the Preliminary
Results, incorporating Anhui Native's revised section C database in the
dumping margin calculation for these final results.
Scope of 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.
The merchandise subject to the order is currently classifiable
under subheadings 0409.00.00, 1702.90.90 and 2106.90.99 of the 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
In the Preliminary Results, the Department preliminarily rescinded
this review with respect to the following companies: Dongtai Peak Honey
Industry Co., Ltd. (``Dongtai Peak'') and Wuhu Qinshi Tangye Co., Ltd.
(``Tangye''). We received no comments or information to change our
preliminary rescission. Therefore, we are rescinding this
administrative review with respect to Dongtai Peak and Tangye.
Final Results of the Review
The Department finds that the following margins exist for the
following exporters under review for the period December 1, 2006,
through November 30, 2007:
Honey From the PRC
------------------------------------------------------------------------
Margin (per
Manufacturer/exporter kilogram)
------------------------------------------------------------------------
Anhui Native.......................................... $2.63
PRC-wide Entity\1\.................................... $2.63
------------------------------------------------------------------------
\1\ The PRC-wide entity includes Alfred L. Wolff (Beijing) Co., Ltd.,
Cheng Du Wai Yuan Bee Products Co., Ltd., Haoliluck Co., Ltd., Hubei
Yusun Co., Ltd., Inner Mongolia Youth Trade Development Co., Ltd.,
Mgl. Yung Sheng Honey Co., Ltd. (also DBA Fresh Honey Co., Ltd.),
Nefelon Limited Company and Qinhuangdao Municipal Dafeng Industrial
Co., Ltd.
Assessment of Antidumping Duties
The Department will determine, and U.S. Customs and Border
Protection (``CBP'') shall assess, antidumping duties on all
appropriate entries pursuant to section 751(a)(1)(B) of the Tariff Act
of 1930, as amended (``Act''), and 19 CFR 351.212(b). The Department
intends to issue appropriate assessment instructions directly to CBP 15
days after the date of publication of the final results of this review.
Consistent with the Fifth AR Final Results, we will direct CBP to
assess importer-specific assessment rates based on the resulting per-
unit (i.e., per kilogram) amount on each entry of the subject
merchandise during the period of review. See Honey from the People's
Republic of China: Final Results and Rescission, In Part, of Aligned
Antidumping Duty Administrative Review and New Shipper Review, 73 FR
42321 (July 21, 2008) (``Fifth AR Final Results''). For assessment
purposes, we calculated importer-specific assessment rates for honey
from the PRC. Specifically, we divided the total duties for each
importer by the total quantity of subject merchandise sold to that
importer during the period of review (``POR'') to calculate a per-unit
assessment amount. We will direct CBP to assess importer-specific
assessment rates based on the resulting per-unit (i.e., per kilogram)
amount on each entry of the subject merchandise during the POR if any
importer-specific assessment rate calculated in the final results of
this review is above de minimis.
Cash Deposit Requirements
The following cash-deposit requirements will be effective upon
publication of the final results for shipments of the subject
merchandise entered, or withdrawn from warehouse, for consumption on or
after the publication date of the final results, as provided by section
751(a)(2)(C) of the Act: (1) For subject merchandise exported by Anhui
Native the cash deposit rate will be $2.63 per kilogram; (2) for all
other PRC exporters of subject merchandise which have not been found to
be entitled to a separate rate and, thus, are a part of the PRC-wide
entity, the cash-deposit rate will be the PRC-wide rate of $2.63 per-
kilogram; (3) for previously investigated or reviewed PRC and non-PRC
exporters not listed above that have a separate rate, the cash deposit
rate will continue to be the exporter-specific rate published for the
most recent period; (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 exporter that supplied that
non-PRC exporter. These deposit requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
This notice also serves as a final reminder to parties subject to
the administrative protective order (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under the APO in accordance with 19 CFR 351.305. Timely
written notification of the return or 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 a sanctionable
violation.
This administrative review and notice is in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: December 30, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E9-66 Filed 1-7-09; 8:45 am]
BILLING CODE 3510-DS-P