[Federal Register Volume 80, Number 4 (Wednesday, January 7, 2015)]
[Notices]
[Pages 862-863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-30852]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-863]
Honey From the People's Republic of China: Preliminary Results of
Antidumping Duty Administrative Review; 2012-2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: In response to requests from interested parties, the
Department of Commerce (``Department'') is conducting an administrative
review of the antidumping duty order on honey from the People's
Republic of China (``PRC''). The period of review (``POR'') is December
1, 2012, through November 30, 2013. As discussed below, during the
review, because the single mandatory respondent, Kunshan Xinlong Food
Co., Ltd. (``Kunshan Xinlong''), did not cooperate, the Department
preliminarily determines to treat this company as part of the PRC-wide
entity. If these preliminary results are adopted in the final results
of review, the Department will instruct U.S. Customs and Border
Protection (``CBP'') to assess antidumping duties on entries of subject
merchandise during the POR.
DATES: Effective Date: January 7, 2015.
FOR FURTHER INFORMATION CONTACT: Irene Gorelik, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230; telephone: (202) 482-6905.
SUPPLEMENTARY INFORMATION:
Background
On February 3, 2014, the Department initiated an administrative
review of the antidumping duty Order \1\ on honey from the PRC.\2\ On
February 28, 2014, Petitioners \3\ withdrew their request for an
administrative review for all companies under review except Kunshan
Xinlong.\4\
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\1\ See Notice Of Antidumping Duty Order and Amendment to Final
Determination: Honey from the People's Republic of China, 66 FR
59026 (December 10, 2001) (``Order'').
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 79 FR
6147 (February 3, 2014) (``Initiation'').
\3\ Petitioners are: American Honey Producers Association and
Sioux Honey Association.
\4\ See Letter from Petitioners re: ``Petitioners' Partial
Withdrawal of Request for 12th Administrative Review,'' dated
February 28, 2014.
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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 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.\5\
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\5\ For the complete description of the scope of the Order, see
``Decision Memorandum for the Preliminary Results of the 2012-2013
Administrative Review: Honey from the People's Republic of China,''
from Christian Marsh, Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado, Assistant Secretary
for Import Administration, (``Preliminary Decision Memorandum''),
dated concurrently with this notice.
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Methodology
The Department conducted this review in accordance with section
751(a)(2) of the Tariff Act of 1930, as amended (``the Act''). In
making our findings, we have relied on facts available, and because the
single mandatory respondent, Kunshan Xinlong, which we preliminarily
are treating as part of the PRC-wide entity, did not act to the best of
its ability to respond to the Department's requests for information, we
have drawn an adverse inference in selecting from among the facts
otherwise available.\6\
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\6\ See sections 776(a) and (b) of the Act.
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For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum, dated
concurrently with these results and hereby adopted by this notice. The
Preliminary Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System
(``ACCESS'').\7\ ACCESS is available to registered users at http://access.trade.gov and to all parties in the Central Records Unit
(``CRU''), Room 7046 of the main Department of Commerce building. In
addition, parties can obtain a complete version of the Preliminary
Decision Memorandum on the Internet at http://trade.gov/enforcement/frn/index.html. The signed Preliminary Decision Memorandum and the
electronic versions of the Preliminary Decision Memorandum are
identical in content.
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\7\ On November 24, 2014, Enforcement and Compliance changed the
name of Enforcement and Compliance's AD and CVD Centralized
Electronic Service System (``IA ACCESS'') to AD and CVD Centralized
Electronic Service System (``ACCESS''). The Web site location was
changed from http://iaaccess.trade.gov to http://access.trade.gov.
The Final Rule changing the references to the Regulations can be
found at 79 FR 69046 (November 20, 2014).
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Preliminary Results of Review
We preliminarily determine that the following antidumping duty
margin exists:
[[Page 863]]
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Margin
Manufacturer/exporter (dollars per
kilogram)
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PRC-wide entity (including Kunshan Xinlong Food Co., 2.63
Ltd.)..................................................
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Disclosure and Public Comment
Normally, the Department discloses to interested parties the
calculations performed in connection with a preliminary results within
five days of the date of publication of the notice of preliminary
results in the Federal Register, in accordance with 19 CFR 351.224(b).
However, because the Department preliminarily applied adverse facts
available to the PRC-wide entity, including Kunshan Xinlong, pursuant
to section 776 of the Act, there are no calculations to disclose, the
determination for which is fully discussed in the Preliminary Decision
Memorandum.
Interested parties are invited to comment on the preliminary
results and may submit case briefs and/or written comments no later
than 30 days after the date of publication of these preliminary
results.\8\ A table of contents, list of authorities used, and an
executive summary of issues should accompany any briefs submitted to
the Department.\9\ Rebuttal briefs, limited to issues raised in the
case briefs, will be due five days later.\10\
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\8\ See 19 CFR 351.309(c)(1)(ii).
\9\ See 19 CFR 351.309(c)(2).
\10\ See 19 CFR 351.309(d).
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Interested parties who wish to request a hearing, or to participate
if one is requested, must submit a written request to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
filed electronically in ACCESS. An electronically filed document must
be received successfully in its entirety in ACCESS, by 5:00 p.m.
Eastern Standard Time, within 30 days after the date of publication of
this notice.\11\ Hearing requests should contain the party's name,
address, and telephone number, the number of participants, and a list
of the issues you intend to present at the hearing. If a request for a
hearing is made, the Department intends to hold the hearing at the U.S.
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230, at a time and location to be determined. Parties
should confirm by telephone the date, time, and location of the hearing
two days before the scheduled date.
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\11\ See 19 CFR 351.310(c).
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The Department intends to issue the final results of this
administrative review, including the results of our analysis of issues
raised in the written comments, within 120 days of publication of these
preliminary results in the Federal Register.
Assessment Rates
Upon issuance of the final results, the Department will determine,
and CBP shall assess, antidumping duties on all appropriate entries
covered by this review. The Department intends to issue assessment
instructions to CBP 15 days after the publication date of the final
results of this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this 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 the rate 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 rate 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 recently completed period; (3) for all PRC
exporters of subject merchandise that have not been found to be
entitled to a separate rate, the cash deposit rate will be the PRC-wide
rate of $2.63 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 exporter(s) that
supplied that non-PRC exporter. These deposit requirements, when
imposed, shall remain in effect until further notice.
Notification to Importers
This notice also serves as a preliminary 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 is published in accordance with sections 751(a)(1) and
777(i)(1) of the Act and 19 CFR 351.221(b)(4).
Dated: December 29, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
1. Initiation
2. Period of Review
3. Scope of the Order
III. Discussion of the Methodology
1. Non-Market Economy Country
2. Separate Rates
3. Withdrawal of Requests for Review
4. Use of Facts Available and AFA
A. Background and Basis for Use of Facts Available
B. Application of Facts Available and Selection Based Upon
Adverse Inferences for the PRC-Wide Entity
5. Corroboration of AFA Rate
IV. Conclusion
[FR Doc. 2014-30852 Filed 1-6-15; 8:45 am]
BILLING CODE 3510-DS-P