[Federal Register Volume 83, Number 6 (Tuesday, January 9, 2018)]
[Notices]
[Pages 1015-1016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00186]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-863]
Honey From the People's Republic of China: Final Rescission of
the New Shipper Review and Final Results of the Administrative Review;
2015-2016
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce
SUMMARY: On July 7, 2017, The Department of Commerce (Commerce)
published the Preliminary Rescission and Preliminary Results of the
aligned 2015-2016 new shipper review and 2015-2016 administrative
review of the antidumping duty order on honey from the People's
Republic of China (China), covering the period December 1, 2015,
through November 30, 2016. We gave interested parties an opportunity to
comment on the Preliminary Rescission and Preliminary Results. After
analyzing interested parties' comments, we made no changes for the
final results of these reviews. The final antidumping duty margins for
these reviews are listed in the ``Final Results of Reviews'' section
below.
DATES: Applicable January 9, 2018.
FOR FURTHER INFORMATION CONTACT: Carrie Bethea, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1491.
SUPPLEMENTARY INFORMATION:
Background
On July 7, 2017, Commerce published its Preliminary Rescission and
Preliminary Results,\1\ and gave parties an opportunity to comment. For
events subsequent to the Preliminary Rescission and Preliminary
Results, see the accompanying Issues and Decision Memorandum. On
October 30, 2017,\2\ in accordance with section 751(a)(3)(A) of the
Tariff Act of 1930, as amended (Act), Commerce extended the deadline
for issuing the final results by 60 days until January 3, 2017.
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\1\ See Honey from the People's Republic of China: Preliminary
Rescission of the New Shipper Review and Preliminary Results of the
Administrative Review; 2015-2016, 82 FR 31557 (July 7, 2017)
(Preliminary Rescission and Preliminary Results).
\2\ See Memorandum, ``Extension of Deadline for Final Results of
the 2015-2016 Antidumping Duty New Shipper Review and Final Results
of the 2015-2016 Antidumping Duty Administrative Review,'' dated
October 30, 2017.
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Scope of the Order
The product covered by the order is honey. For a complete
description of the scope of this order, see the accompanying Issues and
Decision Memorandum.\3\
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\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2015-2016 Antidumping Duty New Shipper Review
and Final Results of the 2015-2016 Administrative Review: Honey from
the People's Republic of China,'' dated concurrently with these
results and hereby adopted by this notice. (Issues and Decision
Memorandum).
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this administrative review and new shipper review are addressed in the
Issues and Decision Memorandum.\4\ In the Appendix to this notice, we
have provided a list of the issues raised by parties. The Issues and
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 in Commerce's Central
Records Unit, room B8024 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://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum
and the electronic versions of the Issues and Decision Memorandum are
identical in content.
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\4\ See Issues and Decision Memorandum.
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[[Page 1016]]
Separate Rates
In the Preliminary Rescission and Preliminary Results, Commerce
determined that Shanghai Sunbeauty Trading Co., Ltd. (Sunbeauty) did
not meet the criteria for separate rate status.\5\ After the
Preliminary Results, Sunbeauty provided a submission of new factual
information, which included U.S. Customs and Border Protection (CBP)
entry documentation.\6\ However, Commerce has determined that Sunbeauty
still failed to demonstrate its eligibility for a separate rate.\7\
Accordingly, Sunbeauty continues to be considered as part of the China-
wide entity.
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\5\ See Preliminary Rescission, and accompanying Preliminary
Decision Memorandum at 10-11.
\6\ See Sunbeauty New Factual Submission at 2-4.
\7\ See accompanying Issues and Decision Memorandum.
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New Shipper Review
In the Preliminary Rescission and Preliminary Results, Commerce
determined that Jiangsu Runchen Agricultural/Sideline Foodstuff Co.,
Ltd. (Jiangsu Runchen) failed to provide documents needed to determine
whether its sales during the POR were bona fide sales; accordingly,
Commerce preliminarily rescinded the NSR. As explained in the
Preliminary Rescission and Preliminary Results, section
751(a)(2)(B)(iv) of the Act requires that any weighted average dumping
margin determined in a NSR must be based on bona fide sales. Jiangsu
Runchen did not provide a timely response to Commerce's C/D
questionnaire for Commerce to examine if it had bona fide sales during
the POR and requested an untimely extension to submit its C/D
questionnaire response. However, we denied the request as it failed to
meet the ``extraordinary circumstances'' standard. Having found that it
could not conduct the required bona fide analysis and, thus, could not
rely on Jiangsu Runchen's sales to calculate a dumping margin, Commerce
preliminarily rescinded the NSR. Jiangsu Runchen did not comment on the
Preliminary Rescission and Preliminary Results.
With no new information on the record, Commerce continues to find
that it cannot conduct the required bona fide analysis and, therefore,
cannot rely on Jiangsu Runchen's sales to calculate a dumping margin.
Accordingly, Commerce is rescinding the new shipper with respect to
Jiangsu Runchen.
Final Results of New Shipper Review and Administrative Review
In making our findings, because Sunbeauty was unable to provide
evidence of a suspended entry of subject merchandise into the United
States during the POR and is thus ineligible to receive a separate
rate, we are treating Sunbeauty as part of the China-wide entity, the
rate for which is $2.63 per kilogram. Furthermore, because Commerce
rescinded the review with respect to Jiangsu Runchen, the company
remains a part of the China-wide entity. For a full description of the
methodology underlying our final conclusions, see the accompanying
Issues and Decision Memorandum.
Duty Assessment Rates
Pursuant to 19 CFR 351.212(b), Commerce will determine, and the
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries. Commerce intends to issue assessment
instructions to CBP 15 days after the publication of the final results
of this new shipper review and administrative review. We will instruct
CBP to liquidate entries of subject merchandise from the China-wide
entity at the China-wide rate.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the notice of the final results of this administrative
review and new shipper 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 subject merchandise exported by Jiangsu Runchen and
Sunbeauty, the cash deposit rate will continue to be the China-wide
rate (i.e., $2.63 per kilogram); (2) for previously investigated or
reviewed China and non-China 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 China exporters of subject merchandise that have not been found to
be entitled to a separate rate, the cash deposit rate will be the
China-wide rate of $2.63 per kilogram; and, (4) for all non-China
exporters of subject merchandise which have not received their own
rate, the cash deposit rate will be the rate applicable to the China
exporter(s) that supplied that non-China exporter. These deposit
requirements, when imposed, shall remain in effect until further
notice.
Notification to Importers
This notice also 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 Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Administrative Protective Order
This notice also serves as a final reminder to parties subject to
administrative protective order (APO) in this administrative review of
their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3), which continues to govern business proprietary
information in this segment of the proceeding. 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 terms of an APO is a violation which
is subject to sanction.
Commerce is issuing and publishing these final results in
accordance with sections 751(a)(1), 751(a)(2)(B), and 777(i)(l) of the
Act, and 19 CFR 351.214 and 19 CFR 351.221(b)(4).
Dated: January 3, 2018.
P. Lee Smith,
Deputy Assistant Secretary for Policy and Negotiations.
Appendix--List of Topics Discussed in the Issues and Decision
Memorandum
1. Summary
2. List of Comments
3. Background
4. Scope of the Order
5. Discussion of the Issues
a. Correction of Draft Liquidation Instructions for U.S. Customs
and Border Protection (CBP) in the NSR
b. Commerce's Representation of Sunbeauty's Request Regarding
the Treatment of its Entries
c. Commerce's Practice of Partially Granting Sunbeauty's
Extension Requests
d. Treatment of Sunbeauty as Part of the China-wide Entity
6. Recommendation
[FR Doc. 2018-00186 Filed 1-8-18; 8:45 am]
BILLING CODE 3510-DS-P