[Federal Register Volume 77, Number 112 (Monday, June 11, 2012)]
[Notices]
[Pages 34343-34344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-14142]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-863]
Honey From the People's Republic of China: Final Rescission of
Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On January 3, 2012, the Department of Commerce
(``Department'') published in the Federal Register the preliminary
rescission of the ninth administrative review, covering the period
December 1, 2009, through November 30, 2010, 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
Rescission. After reviewing interested parties' comments, we made no
changes for the final rescission of this review.
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\1\ See Honey from the People's Republic of China: Preliminary
Rescission of the Administrative Review, 77 FR 79 (January 3, 2012)
(``Preliminary Rescission'').
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DATES: Effective Date: June 11, 2012.
FOR FURTHER INFORMATION CONTACT: Josh Startup or Catherine Bertrand,
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-
5260 or (202) 482-3207, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department received timely requests from Petitioners \2\ and
Dongtai Peak Honey Industry Co., Ltd. (``Dongtai Peak''), a Chinese
producer and exporter of honey, in accordance with 19 CFR 351.213(b),
during the anniversary month of December, to conduct a review of honey
exporters from the PRC. On January 28, 2011, the Department initiated
this review with respect to all 60 requested companies.\3\
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\2\ The American Honey Producers Association and Sioux Honey
Association, collectively ``Petitioners.''
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 76 FR 5137 (January 28, 2011) (``Initiation
Notice'').
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On February 7, 2011, Mongolia Altin Bee-Keeping Co., Ltd., Suzhou
Shanding Honey Product Co., Ltd., and Wuhu Fenglian Co., Ltd. submitted
a letter certifying they had no shipments during the POR and requesting
the Department rescind this review with respect to each of them.\4\ On
February 24, 2011, Petitioners withdrew the request for review for all
companies requested except for Dongtai Peak. On March 9, 2011, the
Department published a notice of partial rescission in the Federal
Register for all of the companies for which the request for review was
withdrawn.\5\ Dongtai Peak remains the only company subject to this
review. On August 4, 2011, the Department published a notice extending
the time period for issuing the preliminary results by 120 days to
December 31, 2011.\6\
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\4\ Companies have the opportunity to submit statements
certifying that they did not ship the subject merchandise to the
United States during the POR.
\5\ See Honey from the People's Republic of China: Partial
Rescission of Antidumping Duty Administrative Review, 76 FR 12940
(March 9, 2011).
\6\ See Ninth Administrative Review of Honey From the People's
Republic of China: Extension of Time Limit for the Preliminary
Results, 76 FR 47238 (August 4, 2011).
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As noted above, on January 3, 2012, the Department published the
Preliminary Rescission of this administrative review. We set the
deadline for interested parties to submit case briefs and rebuttal
briefs to February 8, 2012, and February 13, 2012, respectively.\7\ On
February 13, 2012, we extended the deadline for parties to submit
rebuttal briefs to February 21, 2012. On February 8, 2012, Dongtai Peak
and Petitioners both filed case briefs. On February 21, 2012, both
[[Page 34344]]
Dongtai Peak and Petitioners filed rebuttal briefs.
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\7\ See Memo to the File From Josh Startup Re: Honey from the
People's Republic of China (``PRC''): Case Brief Schedule, dated
January 9, 2012.
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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 ``Issues and Decision Memorandum:
Administrative Review of Honey from the People's Republic of China:
Final Rescission of Antidumping Duty Administrative Review,'' (``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 Appendix I. The
Issues and Decision Memorandum is a public document and is on file
electronically via Import Administration's Antidumping and
Countervailing Duty Centralized Electronic Service System (``IA
ACCESS''). Access to IA ACCESS is available in the Central Records
Unit, room 7046 of the main Department of Commerce building. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly on the Internet at http://www.trade.gov/ia/. The
signed Issues and Decision Memorandum and the electronic versions of
the Issues and Decisions Memorandum are identical in content.
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.
The merchandise subject to the order is currently classifiable
under subheadings 0409.00.00, 1702.90.90, 2106.90.99, 0409.00.0010,
0409.00.0035, 0409.00.0005, 0409.00.0045, 0409.00.0056, and
0409.00.0065 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 the order is dispositive.
Final Rescission of Administrative Review
In the Preliminary Rescission, the Department preliminarily
rescinded the administrative review of Dongtai Peak, whose POR sales
the Department found to be not bona fide.\8\ The Department received
comments with respect to our preliminary decision to rescind the
review. The Department continues to find the sales made by Dongtai Peak
during the POR to be not bona fide.\9\
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\8\ See Preliminary Rescission; see also Memorandum to James C.
Doyle, Director, Office 9; through Catherine Bertrand, Program
Manager; from Josh Startup, 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 23,
2011).
\9\ See Issues and Decision Memorandum.
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Therefore, we are rescinding this review of the antidumping duty
order on honey from the PRC for the period of December 1, 2009, through
November 30, 2010. The cash deposit rate for the Dongtai Peak will
continue to be the rate established in the most recently completed
segment of this proceeding.\10\
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\10\ See Administrative Review of Honey from the People's
Republic of China: Final Results of Antidumping Duty Administrative
Review and Rescission of Review, In Part, 75 FR 24880 (May 6, 2010).
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The Department will instruct U.S. Customs and Border Protection
(``CBP'') to assess antidumping duties on all appropriate entries.
Because the Department has not completed an administrative review,
antidumping duties shall be assessed at rates equal to the cash deposit
of estimated antidumping duties required at the time of entry, or
withdrawal from warehouse, for consumption, in accordance with 19 CFR
351.212(c)(2). The Department intends to issue appropriate assessment
instructions directly to CBP 15 days after publication of this notice.
Notification to Importers
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 Tariff Act of
1930, as amended and 19 CFR 351.213(d)(4).
Dated: June 4, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix I--Decision Memorandum
Company Specific Issues
Comment 1: Bona Fide Analysis of Dongtai Peak's Sales.
Comment 2: Validity of the Company Certification Provided by the
Resale Customer.
Comment 3: Alleged Undisclosed U.S. Affiliate D.T. Peak.
[FR Doc. 2012-14142 Filed 6-8-12; 8:45 am]
BILLING CODE 3510-DS-P