Honey from the People's Republic of China: Rescission of Antidumping Duty New Shipper Review, 7714-7715 [E5-630]

Download as PDF 7714 Federal Register / Vol. 70, No. 30 / Tuesday, February 15, 2005 / Notices well-informed on the benefits of working with the Census Bureau towards a successful 2010 census. Executive Order 12866 This notice has been determined to be not significant under Executive Order 12866. Dated: February 9, 2005. Hermann Habermann, Deputy Director and Chief Operating Officer, Bureau of the Census. [FR Doc. 05–2876 Filed 2–14–05; 8:45 am] BILLING CODE 3510–07–P DEPARTMENT OF COMMERCE International Trade Administration A–570–863 Honey from the People’s Republic of China: Rescission of Antidumping Duty New Shipper Review Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: February 15, 2005. SUMMARY: On May 24, 2004, the Department of Commerce (the Department) initiated a new shipper review of the antidumping duty order on honey from the People’s Republic of China (PRC) covering the period December 1, 2003, through May 31, 2004. This new shipper review covered one exporter, Foodworld International Club, Ltd. (Foodworld). For the reasons discussed below, we are rescinding the review of Foodworld. FOR FURTHER INFORMATION CONTACT: Kristina Boughton, or Bobby Wong at (202) 482–8173 or (202) 482–0409, respectively; AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: AGENCY: Background On May 24, 2004, the Department received a timely request for a new shipper review of the antidumping duty order on honey from the PRC from Foodworld, an exporter of the subject merchandise sold to the United States. On August 5, 2004, the Department initiated a new shipper review of Foodworld under the antidumping duty order on honey from the PRC for the period December 1, 2003, through May 31, 2004. See Honey From The People’s Republic of China: Initiation of New Shipper Antidumping Duty Review, 69 FR 47407. On August 24, 2004, the VerDate jul<14>2003 17:50 Feb 14, 2005 Jkt 205001 Department issued an antidumping duty questionnaire to Foodworld. Foodworld submitted its Section A response on October 4, 2004, its Section C response on October 8, 2004, and its Section D response on October 12, 2004. On December 22, 2004, the Department issued a supplemental questionnaire to Foodworld. On January 14, 2005, Foodworld submitted a letter informing the Department of its wish to withdraw from this new shipper review and asking the Department to terminate the review. Scope of the Antidumping Duty 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. Rescission of New Shipper Review Pursuant to 19 CFR 351.214(f)(1), the Department may rescind a new shipper review if a party that requested a review withdraws its request not later than 60 days after the date of publication of notice of initiation of the requested review. Although Foodworld withdrew its request for a new shipper review on January 14, 2005, which is after the expiration of the 60–day deadline, the Department nevertheless has the discretion to extend the time period for withdrawal on a case–by-case basis. See e.g., Certain Preserved Mushrooms from the People’s Republic of China: Notice of Partial Rescission of Seventh New Shipper Review, 69 FR 22004 (April 23, 2004). We find it reasonable to extend the deadline for withdrawal in this case because we had not yet committed significant resources to this new shipper review. Specifically, we had not begun calculating an antidumping duty margin for Foodworld nor had we verified any of Foodworld’s data. Furthermore, Foodworld was the only party to request a review, and we did not receive any submissions opposing Foodworld’s withdrawal of its request for review. Finally, we note that our decision to PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 rescind this new shipper review with respect to Foodworld would not prejudice any party to this proceeding, as Foodworld will continue to be included in the PRC–wide rate to which it was subject at the time it requested this review. For these reasons, we have accepted Foodworld’s withdrawal and are rescinding the new shipper review of the antidumping duty order on honey from the PRC in accordance with 19 CFR 351.214(f)(1). Cash Deposits The Department will notify U.S. Customs and Border Protection (CBP) that bonding is no longer permitted to fulfill security requirements for shipments from Foodworld of honey from the PRC entered or withdrawn from warehouse for consumption in the United States on or after the publication of this notice of rescission of antidumping duty new shipper review in the Federal Register. Further, effective upon publication of this notice, for all shipments of the subject merchandise exported by Foodworld and entered or withdrawn from warehouse for consumption, the cash deposit rate will be the PRC–wide rate, which is 183.80 percent. Notification to Interested Parties This notice serves as a 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 review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and subsequent assessment of double antidumping duties. Notification to Parties Subject to Administrative Protective Orders This notice serves as a reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with section 351.305(a)(3) of the Department’s regulations. Timely written notification of the return/ destruction of APO material 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 sanctions. We are issuing and publishing this determination and notice in accordance with sections 751(a)(2)(B) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351(f)(3).) E:\FR\FM\15FEN1.SGM 15FEN1 Federal Register / Vol. 70, No. 30 / Tuesday, February 15, 2005 / Notices Dated: February 8, 2005. Barbara E. Tillman, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. E5–630 Filed 2–14–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration A–583–831 Stainless Steel Sheet and Strip in Coils From Taiwan; Final Results and Partial Rescission of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On August 9, 2004, the Department of Commerce (the Department) published in the Federal Register the preliminary results and partial rescission of the administrative review of the antidumping duty order on stainless steel sheet and strip in coils from Taiwan. This review covers 13 manufacturers/exporters. The period of review (POR) is July 1, 2002, through June 30, 2003. We provided interested parties with an opportunity to comment on the preliminary results of review. After analyzing the comments received, we made changes to the margin calculations for two respondents, Chia Far Industry Factory Co., Ltd. (Chia Far) and Yieh United Steel Corporation (YUSCO). Therefore, the final results of review differ from the preliminary results of review. The final weighted–average dumping margins for the reviewed firms are listed below in the section entitled ‘‘Final Results of the Review.’’ EFFECTIVE DATE: February 15, 2005. FOR FURTHER INFORMATION CONTACT: Melissa Blackledge; or Karine Gziryan, AD/CVD Operations, Office 4, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–3518 or (202) 482– 4081, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background The following events occurred after the Department published the preliminary results of the instant administrative review in the Federal Register. See Stainless Steel Sheet and Strip in Coils from Taiwan: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review, 69 FR 48212 (August 9, 2004) VerDate jul<14>2003 17:50 Feb 14, 2005 Jkt 205001 (Preliminary Results). On November 8, 2004, the Department extended the time limit for completing the final results of review until February 5, 2004. See Stainless Steel Sheet and Strip in Coils From Taiwan: Extension of Time Limit for Final Results of Antidumping Duty Administrative Review, 69 FR 67312 (November 17, 2004). During September and December 2004, the Department received timely responses to several supplemental questionnaires (see Chia Far’s September 2004 supplemental questionnaire response and Ta Chen Stainless Pipe Co., Ltd.’s (Ta Chen) September and December 2004 supplemental questionnaire response). During the period August 2004 through November 2004, the petitioners 1 and Ta Chen submitted comments to the Department regarding Ta Chen’s claim that it did not export subject merchandise to the United States during the POR. On October 27, 2004, the Department placed on the record documents obtained from U.S. Customs and Border Protection (CBP) regarding certain U.S. entries of merchandise sold by Yieh Mau Corporation (Yieh Mau) during the POR. During October and November 2004, we conducted verifications of the sales and cost information provided by Chia Far and YUSCO. In response to the Department’s invitation to comment on the Preliminary Results, the petitioners and Chia Far filed case briefs on December 16, 2004. The petitioners, Chia Far, YUSCO, and Ta Chen filed rebuttal briefs on December 21, 2004. Period of Review The POR is July 1, 2002, through June 30, 2003. Scope of the Review The products covered by the order are certain stainless steel sheet and strip in coils. Stainless steel is an alloy steel containing, by weight, 1.2 percent or less of carbon and 10.5 percent or more of chromium, with or without other elements. The subject sheet and strip is a flat–rolled product in coils that is greater than 9.5 mm in width and less than 4.75 mm in thickness, and that is annealed or otherwise heat treated and pickled or otherwise descaled. The subject sheet and strip may also be further processed (e.g., cold–rolled, polished, aluminized, coated, etc.) provided that it maintains the specific 1 Allegheny Ludlum, AK Steel Corporation (formerly Armco, Inc.), J&L Specialty Steel, Inc., North American Stainless, Butler-Armco Independent Union, Zanesville Armco Independent Union, and the United Steelworkers of America, AFL-CIO/CLC. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 7715 dimensions of sheet and strip following such processing. The merchandise subject to the order is classified in the Harmonized Tariff Schedule of the United States (HTS) at subheadings: 7219.13.0031, 7219.13.0051, 7219.13.0071, 7219.1300.812, 7219.14.0030, 7219.14.0065, 7219.14.0090, 7219.32.0005, 7219.32.0020, 7219.32.0025, 7219.32.0035, 7219.32.0036, 7219.32.0038, 7219.32.0042, 7219.32.0044, 7219.33.0005, 7219.33.0020, 7219.33.0025, 7219.33.0035, 7219.33.0036, 7219.33.0038, 7219.33.0042, 7219.33.0044, 7219.34.0005, 7219.34.0020, 7219.34.0025, 7219.34.0030, 7219.34.0035, 7219.35.0005, 7219.35.0015, 7219.35.0030, 7219.35.0035, 7219.90.0010, 7219.90.0020, 7219.90.0025, 7219.90.0060, 7219.90.0080, 7220.12.1000, 7220.12.5000, 7220.20.1010, 7220.20.1015, 7220.20.1060, 7220.20.1080, 7220.20.6005, 7220.20.6010, 7220.20.6015, 7220.20.6060, 7220.20.6080, 7220.20.7005, 7220.20.7010, 7220.20.7015, 7220.20.7060, 7220.20.7080, 7220.20.8000, 7220.20.9030, 7220.20.9060, 7220.90.0010, 7220.90.0015, 7220.90.0060, and 7220.90.0080. Although the HTS subheadings are provided for convenience and customs purposes, the Department’s written description of the merchandise under the order is dispositive. Excluded from the scope of the order are the following: (1) sheet and strip that is not annealed or otherwise heat treated and pickled or otherwise descaled, (2) sheet and strip that is cut to length, (3) plate (i.e., flat–rolled stainless steel products of a thickness of 4.75 mm or more), (4) flat wire (i.e., cold–rolled sections, with a prepared edge, rectangular in shape, of a width of not more than 9.5 mm), and (5) razor blade steel. Razor blade steel is a flat–rolled product of stainless steel, not further worked than cold–rolled (cold– reduced), in coils, of a width of not more than 23 mm and a thickness of 0.266 mm or less, containing, by weight, 12.5 to 14.5 percent chromium, and certified at the time of entry to be used in the manufacture of razor blades. See Chapter 72 of the HTS, ‘‘Additional U.S. Note’’ 1(d). 2 Due to changes to the HTS numbers in 2001, 7219.13.0030, 7219.13.0050, 7219.13.0070, and 7219.13.0080 are now 7219.13.0031, 7219.13.0051, 7219.13.0071, and 7219.13.0081, respectively. E:\FR\FM\15FEN1.SGM 15FEN1

Agencies

[Federal Register Volume 70, Number 30 (Tuesday, February 15, 2005)]
[Notices]
[Pages 7714-7715]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-630]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-570-863


Honey from the People's Republic of China: Rescission of 
Antidumping Duty New Shipper Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: February 15, 2005.
SUMMARY: On May 24, 2004, the Department of Commerce (the Department) 
initiated a new shipper review of the antidumping duty order on honey 
from the People's Republic of China (PRC) covering the period December 
1, 2003, through May 31, 2004. This new shipper review covered one 
exporter, Foodworld International Club, Ltd. (Foodworld). For the 
reasons discussed below, we are rescinding the review of Foodworld.

FOR FURTHER INFORMATION CONTACT: Kristina Boughton, or Bobby Wong at 
(202) 482-8173 or (202) 482-0409, respectively; AD/CVD Operations, 
Office 9, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On May 24, 2004, the Department received a timely request for a new 
shipper review of the antidumping duty order on honey from the PRC from 
Foodworld, an exporter of the subject merchandise sold to the United 
States. On August 5, 2004, the Department initiated a new shipper 
review of Foodworld under the antidumping duty order on honey from the 
PRC for the period December 1, 2003, through May 31, 2004. See Honey 
From The People's Republic of China: Initiation of New Shipper 
Antidumping Duty Review, 69 FR 47407. On August 24, 2004, the 
Department issued an antidumping duty questionnaire to Foodworld. 
Foodworld submitted its Section A response on October 4, 2004, its 
Section C response on October 8, 2004, and its Section D response on 
October 12, 2004. On December 22, 2004, the Department issued a 
supplemental questionnaire to Foodworld. On January 14, 2005, Foodworld 
submitted a letter informing the Department of its wish to withdraw 
from this new shipper review and asking the Department to terminate the 
review.

Scope of the Antidumping Duty 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.

Rescission of New Shipper Review

    Pursuant to 19 CFR 351.214(f)(1), the Department may rescind a new 
shipper review if a party that requested a review withdraws its request 
not later than 60 days after the date of publication of notice of 
initiation of the requested review. Although Foodworld withdrew its 
request for a new shipper review on January 14, 2005, which is after 
the expiration of the 60-day deadline, the Department nevertheless has 
the discretion to extend the time period for withdrawal on a case-by-
case basis. See e.g., Certain Preserved Mushrooms from the People's 
Republic of China: Notice of Partial Rescission of Seventh New Shipper 
Review, 69 FR 22004 (April 23, 2004). We find it reasonable to extend 
the deadline for withdrawal in this case because we had not yet 
committed significant resources to this new shipper review. 
Specifically, we had not begun calculating an antidumping duty margin 
for Foodworld nor had we verified any of Foodworld's data. Furthermore, 
Foodworld was the only party to request a review, and we did not 
receive any submissions opposing Foodworld's withdrawal of its request 
for review. Finally, we note that our decision to rescind this new 
shipper review with respect to Foodworld would not prejudice any party 
to this proceeding, as Foodworld will continue to be included in the 
PRC-wide rate to which it was subject at the time it requested this 
review. For these reasons, we have accepted Foodworld's withdrawal and 
are rescinding the new shipper review of the antidumping duty order on 
honey from the PRC in accordance with 19 CFR 351.214(f)(1).

Cash Deposits

    The Department will notify U.S. Customs and Border Protection (CBP) 
that bonding is no longer permitted to fulfill security requirements 
for shipments from Foodworld of honey from the PRC entered or withdrawn 
from warehouse for consumption in the United States on or after the 
publication of this notice of rescission of antidumping duty new 
shipper review in the Federal Register. Further, effective upon 
publication of this notice, for all shipments of the subject 
merchandise exported by Foodworld and entered or withdrawn from 
warehouse for consumption, the cash deposit rate will be the PRC-wide 
rate, which is 183.80 percent.

Notification to Interested Parties

    This notice serves as a 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 review period. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and subsequent assessment 
of double antidumping duties.

Notification to Parties Subject to Administrative Protective Orders

    This notice serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with section 351.305(a)(3) of the Department's 
regulations. Timely written notification of the return/destruction of 
APO material 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 sanctions.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(a)(2)(B) and 777(i)(1) of the Tariff Act 
of 1930, as amended, and 19 CFR 351(f)(3).)


[[Page 7715]]


    Dated: February 8, 2005.
Barbara E. Tillman,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. E5-630 Filed 2-14-05; 8:45 am]
BILLING CODE 3510-DS-S

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