[Federal Register: November 30, 2007 (Volume 72, Number 230)]
[Notices]
[Page 67702-67703]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30no07-34]
[[Page 67702]]
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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 New Shipper Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On July 3, 2007, the Department of Commerce (``the
Department'') published the preliminary results of its new shipper
review of the antidumping duty order on honey from the People's
Republic of China (``PRC'') for the period December 1, 2005, through
June 30, 2006. See Honey from the People's Republic of China:
Preliminary Results of Antidumping Duty New Shipper Review, 72 FR 36422
(July 3, 2007) (``Preliminary Results''). Based on our analysis of the
record, including information obtained since the preliminary results,
we continue to apply adverse facts available (``AFA'') with respect to
Shanghai Bloom International Trading Co., Ltd. (``Shanghai Bloom''),
which failed to cooperate to the best of its ability, provided
unverifiable information, and impeded the proceeding. See Adverse Facts
Available section, below.
EFFECTIVE DATE: November 30, 2007.
FOR FURTHER INFORMATION CONTACT: Erin Begnal or Michael Quigley, 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-
1442 or (202) 482-4047, respectively.
Background
On July 3, 2007, the Department of Commerce (``Department'')
published the preliminary results of the new shipper review of the
antidumping duty order on honey from the People's Republic of China for
the period December 1, 2005, through June 30, 2006. See Preliminary
Results. On September 25, 2007, the Department extended the final
results by thirty days. See Notice of Extension of the Final Results of
Antidumping Duty New Shipper Review: Honey From the People's Republic
of China, 72 FR 54436 (September 25, 2007). On October 31, 2007, the
Department fully extended the final results. See Notice of Extension of
the Final Results of Antidumping Duty New Shipper Review: Honey from
the People's Republic of China, 72 FR 61622 (October 31, 2007). On
August 2, 2007, the Department received a case brief on behalf of
Shanghai Bloom. On August 8, 2007, the Department received a rebuttal
brief on behalf of petitioners, the American Honey Producers
Association and the Sioux Honey Association.
Scope of Order
The products covered by this 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 this 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 under order is
dispositive.
Analysis of Comments Received
In the case and rebuttal briefs received from the parties after the
Preliminary Results, we received comments on issues related to the
Department's preliminary application of AFA to Shanghai Bloom including
the factors of production and completeness. All issues raised in the
case briefs are addressed in the Issues and Decision Memorandum, which
is hereby adopted by this notice. A list of the issues raised, all of
which are in the Issues and Decision Memorandum, is attached to this
notice as Appendix I. Parties can find a complete discussion of all
issues raised in the briefs and the corresponding recommendations in
this public memorandum on file in the Central Records Unit (``CRU''),
room B-099 of the Herbert C. Hoover Building. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
on the Web at http://www.trade.gov/ia. The paper copy and electronic
version of the Issues and Decision Memorandum are identical in content.
Separate Rates
In our preliminary results, we found that Shanghai Bloom had met
the criteria for the application of a separate antidumping duty rate.
See Preliminary Results. We have not received any information since the
Preliminary Results with respect to Shanghai Bloom which would warrant
reconsideration of our separate-rates determination with respect to
this company. Therefore, for these final results, we determine that
Shanghai Bloom has met the criteria for the application of a separate
rate.
Changes Since the Preliminary Results
Based on the comments received from the interested parties, we have
made no changes to the preliminary results. For the final results, we
have adopted our positions in the preliminary results. We continue to
find that the application of total adverse facts available is warranted
for Shanghai Bloom pursuant to sections 776(a)(2)(A), (C), and (D) and
776(b) of the Tariff Act of 1930, as amended (``the Act''). For a
discussion, see the Issues and Decision Memorandum at Comments 1.
Final Results of Review
We determine that the following margin exists during the period
December 1, 2005, through June 30, 2006:\1\
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\1\ For these final results, the AFA margin we are using is
221.02, which is the highest rate established in Honey from the
People's Republic of China: Final Results and Final Rescission, In
Part, of Antidumping Duty Administrative Review, 72 FR 37715 (July
11, 2007), published subsequent to the preliminary results of this
new shipper review.
Honey From the PRC
------------------------------------------------------------------------
Weighted-
Average
Manufacturer/Exporter Margin
(Percent)
------------------------------------------------------------------------
Linxiang Jindeya Beekeeping Co., Ltd./ Shanghai Bloom 221.02
International Trading Co., Ltd.............................
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Assessment of Antidumping Duties
The Department will determine, and CBP shall assess, antidumping
duties on all appropriate entries. The Department intends to issue
assessment instructions to CBP 15 days after the date of publication of
these final results of review. We will instruct CBP to assess
antidumping duties on all appropriate entries covered by this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this 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 Shanghai Bloom, the cash-deposit rate will be
equal to 221.02 percent; (2) for previously investigated or reviewed
PRC and non-PRC exporters not listed above
[[Page 67703]]
that have separate rates, the cash 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 of 221.02 percent; 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 publication of the final results
of the next administrative review.
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.
These reviews and notice are in accordance with sections 751(a)(1),
751(a)(2) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Dated: November 23, 2007.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
[FR Doc. E7-23287 Filed 11-29-07; 8:45 am]
BILLING CODE 3510-DS-S