[Federal Register Volume 80, Number 93 (Thursday, May 14, 2015)]
[Notices]
[Pages 27633-27635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-11577]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-863]
Honey From the People's Republic of China: Final Results of
Antidumping Duty Administrative Review; 2012-2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On January 7, 2015, the Department of Commerce
(``Department'') published the preliminary results of the twelfth
administrative review, covering the period December 1, 2012, through
November 30, 2013, 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 Results. After analyzing
interested parties' comments, we made no changes for the final results
of review. The final antidumping duty margins for this review are
listed in the ``Final Results of Review'' section below.
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\1\ See Honey From the People's Republic of China: Preliminary
Results of Antidumping Duty Administrative Review; 2012-2013, 80 FR
862 (January 7, 2015) (``Preliminary Results'').
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DATES: Effective Date: May 14, 2015.
FOR FURTHER INFORMATION CONTACT: Irene Gorelik, AD/CVD Operations,
Office V, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-6905.
SUPPLEMENTARY INFORMATION:
Background
On January 7, 2015, the Department published the Preliminary
Results of this administrative review and invited interested parties to
submit comments on our findings. On February 5, 2015, the mandatory
respondent, Kunshan Xinlong Food Co., Ltd. (``Kunshan Xinlong''), filed
a case brief.\2\ On February 13, 2015, Petitioners \3\ filed a rebuttal
brief. The Department did not hold a public hearing pursuant to 19 CFR
351.310(d), as interested parties did not request one. We conducted
this administrative review in accordance with section 751 of the Tariff
Act of 1930, as amended (the ``Act'').
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\2\ We note that the case brief was timely filed on February 5,
2015, despite the erroneous date noted on the cover letter of the
case brief.
\3\ Petitioners are: American Honey Producers Association and
Sioux Honey Association.
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[[Page 27634]]
Analysis of Comments Received
All issues raised in the case and rebuttal briefs submitted by
parties to this review are addressed in the ``Administrative Review of
Honey from the People's Republic of China: Issues and Decision
Memorandum for the Final Results'' (``Decision Memorandum''), dated
concurrently with and hereby adopted by, this notice. A list of the
issues which parties raised and to which we respond in the Decision
Memorandum is attached to this notice as an Appendix. The 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''). 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 Decision Memorandum on the Internet at http://trade.gov/enforcement/frn/index.html. The signed Decision Memorandum and the
electronic versions of the Decision 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.\4\ 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 is dispositive.\5\
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\4\ See Decision Memorandum for a complete description of the
Scope of the Order.
\5\ 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).
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PRC-Wide Entity
In the Preliminary Results, the Department indicated its intention
to make a determination at the final results with respect to two
companies for which the review was timely withdrawn: Fuzhou
Shenglinmark Trade Co., Ltd., and Dongtai Peak Honey Industry Co.,
Ltd.\6\ In the Preliminary Results, we stated that ``because Fuzhou
Shenglinmark Trade Co., Ltd. and Dongtai Peak were not eligible for
separate-rate status at the initiation of the review, the Department's
practice is to refrain from rescinding the review with respect to these
two companies at this time . . . '' because ``while the request for
review of these companies was timely withdrawn, we preliminarily
determine that the companies remain part of the PRC-wide entity, which
is under review for these preliminary results.'' \7\ We further stated
that we ``will make a determination with respect to the PRC-wide entity
at the conclusion of this review.'' \8\ Because there are no changes to
the facts regarding these two companies since the Preliminary Results,
we continue to find that Fuzhou Shenglinmark Trade Co., Ltd., and
Dongtai Peak Honey Industry Co., Ltd. are part of the PRC-wide entity,
which is under review.
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\6\ See Preliminary Results, 80 FR at 862 and accompanying
Preliminary Decision Memorandum at pages 1-2 and 3-4. See also
Letter from Petitioners re: ``Partial Withdrawal of Request for 12th
Administrative Review,'' dated February 28, 2014.
\7\ See Preliminary Results, 80 FR at 862 and accompanying
Preliminary Decision Memorandum at pages 3-4.
\8\ Id.
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As discussed in the Preliminary Results, the Department relied on
facts available in making its preliminary determination with respect to
Kunshan Xinlong, and treated it as part of the PRC-wide entity. We
preliminarily drew an adverse inference in selecting from among the
facts otherwise available. Because Kunshan Xinlong, as part of the PRC-
wide entity, withheld requested information, failed to provide
information in a timely manner and in the form requested, and
significantly impeded this proceeding, we continue to find that the
PRC-wide entity failed to cooperate to the best of its ability and,
accordingly, find it appropriate to assign it a margin based on adverse
facts available (``AFA''). The Department's determination is in
accordance with sections 776(a)(2)(A), (B), (C) and 776(b) of the
Act.\9\ For a detailed discussion regarding Kunshan Xinlong, see
Decision Memorandum.
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\9\ See, e.g., Non-Malleable Cast Iron Pipe Fittings from the
People's Republic of China: Final Results of Antidumping Duty
Administrative Review, 71 FR 69546 (December 1, 2006) and
accompanying Issues and Decision Memorandum at Comment 1. See also
Certain Frozen Warmwater Shrimp from the Socialist Republic of
Vietnam: Preliminary Results of the First Administrative Review and
New Shipper Review, 72 FR 10689, 10692 (March 9, 2007) (decision to
apply total AFA to the NME-wide entity) unchanged in Certain Frozen
Warmwater Shrimp From the Socialist Republic of Vietnam: Final
Results of the First Antidumping Duty Administrative Review and
First New Shipper Review, 72 FR 52052 (September 12, 2007).
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Final Results of Review
As a result of this administrative review, the weighted-average
dumping margin for the POR is as follows:
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Margin
Manufacturer/exporter (dollars per
kilogram)
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PRC-wide entity 10..................................... 2.63
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Assessment
Consistent with these final results, and pursuant to section
751(a)(2)(C) of the Act and 19 CFR 351.212(b), the Department will
direct U.S. Customs and Border Protection (``CBP'') to assess
antidumping duties on all appropriate entries. Consistent with AR5
Final Results, we will direct CBP to assess importer-specific
assessments rates based on the resulting per-unit (i.e., per kilogram)
amount on each entry of the subject merchandise during the review
period.\11\ The Department intends to issue assessment instructions to
CBP 15 days after the publication date of the final results of this
review.
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\10\ The PRC-wide entity includes: Kunshan Xinlong Food Co.,
Ltd., Fuzhou Shenglinmark Trade Co., Ltd., and Dongtai Peak Honey
Industry Co., Ltd.
\11\ 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 424321 (July 21,
2008) (``AR5 Final Results'').
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For entries that were not reported in the U.S. sales database
submitted by an exporter individually examined during this review, the
Department will instruct CBP to liquidate such entries at the PRC-wide
rate. Additionally, if the Department determines that an exporter under
review had no shipments of the subject merchandise, any suspended
entries that entered under that exporter's case number will be
liquidated at the PRC-wide rate.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of these final results of 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 exporter
listed above, the cash deposit rate will be 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 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
[[Page 27635]]
deposit rate will continue to be the exporter-specific rate published
for the most recent period; (3) for all PRC exporters of subject
merchandise which have not been found to be entitled to a separate
rate, the cash deposit rate will be the PRC-wide rate $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 exporters that supplied that non-PRC
exporter. These deposit requirements, when imposed, shall remain in
effect until further notice.
Reimbursement of Duties
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 Order
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 administrative review and notice
in accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: May 7, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Decision Memorandum
I. Summary
II. Background
1. Scope of the Order
2. Case Timeline
III. Discussion of the Issues
Comment 1: Whether the Department's Rejection of Kunshan
Xinlong's Post-Deadline Extension Requests Was Appropriate
Comment 2: Whether the Department Properly Disallowed Kunshan
Xinlong to Submit a Supplemental Section C Questionnaire Response
Comment 3: Whether the Adverse Inference Is Appropriate
Comment 4: Whether the AFA Rate Is Appropriate
IV. Recommendation
[FR Doc. 2015-11577 Filed 5-13-15; 8:45 am]
BILLING CODE 3510-DS-P