Honey from the People's Republic of China: Notice of Extension of Time Limit for Preliminary Results of Antidumping Duty Administrative Review, 42033-42034 [E5-3910]

Download as PDF Federal Register / Vol. 70, No. 139 / Thursday, July 21, 2005 / Notices 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 the antidumping duties occurred and the subsequent assessment of double antidumping duties. This notice also serves as a reminder to parties subject to administrative protective orders (‘‘APOs’’) 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 that is subject to sanction. This notice is issued and published in accordance with sections 751 and 777(i) of the Act and 19 CFR 351.213(d)(4). Dated: July 14, 2005. Susan H. Kuhbach, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. E5–3909 Filed 7–20–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–570–863] Honey from the People’s Republic of China: Notice of Extension of Time Limit for Preliminary Results of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: July 21, 2005. FOR FURTHER INFORMATION CONTACT: Anya Naschak or Kristina Boughton, 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) 482–6375 and (202) 482–8173, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On December 10, 2001, the Department of Commerce (the Department) published in the Federal Register an antidumping duty order covering honey from the PRC. See VerDate jul<14>2003 19:42 Jul 20, 2005 Jkt 205001 Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order; Honey from the People’s Republic of China, 66 FR 63670 (December 10, 2001). On December 1, 2004, the Department published a Notice of Opportunity to Request an Administrative Review of Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation, 69 FR 69889. On December 30, 2004, the American Honey Producers Association and the Sioux Honey Association (collectively, petitioners), requested, in accordance with section 351.213(b) of the Department’s regulations, an administrative review of the antidumping duty order on honey from the PRC for 19 companies1 covering the period December 1, 2003, through November 30, 2004. On December 30, 2004, and January 3, 2005, nine Chinese companies requested an administrative review of their respective companies. The Department notes that petitioners’ request covered these nine companies as well. On January 31, 2005, the Department initiated an administrative review of 19 Chinese companies. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 70 FR 4818 (January 31, 2005). On March 29, 2005, the Department rescinded this review with respect to seven companies because petitioners, the only party to have requested a review for these companies, withdrew their request. See Notice of Partial Rescission of Antidumping Duty Administrative Review: Honey from the People’s Republic of China, 70 FR 15836 (March 29, 2005). On April 28, 2005, petitioners withdrew their request for review of Anhui Native Produce Import and Export Corp. (Anhui Native) and on April 29, 2005, petitioners withdrew their request for review of Inner Mongolia Autonomous Region Native Produce and Animal By–Products Import and Export Corporation (Inner Mongolia). On May 25, 2005, the Department rescinded this review with respect to Anhui Native and Inner Mongolia, because petitioners, the only party to request a review of these two companies, withdrew their request. See Honey from the People’s Republic of China: Notice of Partial Rescission of 1 Among these 19 companies are ‘‘Inner Mongolia Autonomous Region Native Produce and Animal By-Products Import & Export Corp.,’’ and ‘‘Inner Mongolia Autonomous Region Native Produce and Animal By-Products.’’ These two names refer to the same company and the review is, therefore, being rescinded with respect to both iterations of the name. PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 42033 Antidumping Duty Administrative Review, 70 FR 30082 (May 25, 2005). On June 20, 2005, petitioners requested that the Department extend the date for the issuance of the preliminary results in this proceeding from 245 days to 365 days, due to the large number of companies in the proceeding, complex issues of affiliation for several companies under review, and the difficulty in finding up–to-date factor valuation data, particularly for raw honey. Extension of Time Limits for Preliminary Results Pursuant to Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), and section 351.213(h)(1) of the Department’s regulations, the Department shall issue the preliminary results of an administrative review within 245 days after the last day of the anniversary month of the date of publication of the order. The Act further provides that the Department shall issue the final results of review within 120 days after the date on which the notice of the preliminary results was published in the Federal Register. However, if the Department determines that it is not practicable to complete the review within this time period, section 751(a)(3)(A) of the Act and section 351.213(h)(2) of the Department’s regulations allow the Department to extend the 245–day period to 365 days and the 120–day period to 180 days. The preliminary results of this administrative review are currently due no later than September 2, 2005. The Department finds that it is not practicable to complete the preliminary results of this administrative review within this time limit because it needs additional time to analyze the questionnaire responses, issue appropriate supplemental questionnaires and conduct verifications, and research surrogate value data, particularly for raw honey. Therefore, in accordance with section 751(a)(3)(A) of the Act and section 351.213(h)(2) of the Department’s regulations, the Department is extending the time limit for the completion of these preliminary results until no later than December 9, 2005, or 98 days. The deadline for the final results of the administrative review continues to be 120 days after the date the publication of the preliminary results, unless extended. This notice is issued and published in accordance with section 751(a)(3)(A) of the Act. E:\FR\FM\21JYN1.SGM 21JYN1 42034 Federal Register / Vol. 70, No. 139 / Thursday, July 21, 2005 / Notices Dated: July 14, 2005. Susan H. Kuhbach, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. E5–3910 Filed 7–20–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–570–851] Certain Preserved Mushrooms from the People’s Republic of China: Preliminary Results of the Eighth New Shipper Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘the Department’’) is currently conducting the eighth new shipper review of the antidumping duty order on certain preserved mushrooms from the People’s Republic of China (‘‘PRC’’) covering the period February 1, 2004, through July 31, 2004. This review covers one exporter. Pursuant to section 751(a)(2)(B) of the Tariff Act of 1930 (‘‘the Act’’), we have preliminarily determined that sales have not been made at less than normal value (‘‘NV’’) with respect to the exporter who participated in this review. If the preliminary results are adopted in our final results of this review, we will instruct U.S. Customs and Border Protection (‘‘CBP’’) to not assess antidumping duties on entries of merchandise subject to this review. Interested parties are invited to comment on the preliminary results. We will issue the final results no later than 90 days from the date of publication of this notice. EFFECTIVE DATE: July 21, 2005. FOR FURTHER INFORMATION CONTACT: Amber Musser or Stephen F. Berlinguette, 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) 482–1777 and (202) 482–3740, respectively. AGENCY: SUPPLEMENTARY INFORMATION: Background On February 19, 1999, the Department published in the Federal Register an amended final determination and antidumping duty order on certain preserved mushrooms from the PRC. See Notice of Amendment of Final Determination of Sales at Less Than VerDate jul<14>2003 19:42 Jul 20, 2005 Jkt 205001 Fair Value and Antidumping Duty Order: Certain Preserved Mushrooms from the People’s Republic of China, 64 FR 8308 (February 19, 1999). The Department received a timely request from Blue Field (Sichuan) Food Industrial Co., Ltd. (‘‘Blue Field’’), in accordance with 19 CFR 351.214(b) and (c), for a new shipper review of the antidumping duty order on certain preserved mushrooms from the PRC, which has a February annual anniversary month and an August semi– annual anniversary month. On September 24, 2004, the Department found that Blue Field’s request for review appeared to satisfy the requirements of 19 CFR 351.214(b) and initiated the new shipper antidumping duty review. See Certain Preserved Mushrooms from the People’s Republic of China: Initiation of Eighth New Shipper Antidumping Duty Review, 69 FR 57264 (September 24, 2004). On September 30, 2004 the Department provided the parties an opportunity to submit publicly available information for consideration in the preliminary results. On October 1, 2004, the Department requested from CBP copies of all customs documents pertaining to the entry of certain preserved mushrooms from the PRC exported by the respondent during the period of February 1, 2004, through July 31, 2004. See Memorandum from James C. Doyle, Director, Office 9, to William R. Scopa of CBP, dated October 1, 2004. We issued the original questionnaire to Blue Field in September 2004. Responses to the questionnaire were received in October 2004. We issued supplemental questionnaires to Blue Field and an importer–specific questionnaire to Blue Field’s U.S. importer in December 2004. We received responses to the questionnaires in December 2004 and January 2005. From January 10 through January 14, 2005, the Department conducted verification of the information submitted by Blue Field in accordance with 782(i) of the Act and 19 CFR 351.307. On February 8, 2005, we issued the verification report for Blue Field. See Memorandum to the File from Amber Musser and Steve Winkates through Brian C. Smith, Re: Verification of the Response of Blue Field (Sichuan) Food Industrial Co., Ltd. in the Eighth Antidumping Duty New Shipper Review of Certain Preserved Mushrooms from the People’s Republic of China, dated February 8, 2005 (‘‘Blue Field verification report’’). On March 22, 2005, the Department published in the Federal Register a notice of postponement of the PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 preliminary results until no later than July 14, 2005 (70 FR 14444). Scope of the Order The products covered by this order are certain preserved mushrooms whether imported whole, sliced, diced, or as stems and pieces. The preserved mushrooms covered under this order are the species Agaricus bisporus and Agaricus bitorquis. ‘‘Preserved mushrooms’’ refer to mushrooms that have been prepared or preserved by cleaning, blanching, and sometimes slicing or cutting. These mushrooms are then packed and heated in containers including, but not limited to, cans or glass jars in a suitable liquid medium, including, but not limited to, water, brine, butter or butter sauce. Preserved mushrooms may be imported whole, sliced, diced, or as stems and pieces. Included within the scope of this order are ‘‘brined’’ mushrooms, which are pre–salted and packed in a heavy salt solution to provisionally preserve them for further processing. Excluded from the scope of this order are the following: (1) all other species of mushrooms, including straw mushrooms; (2) all fresh and chilled mushrooms, including ‘‘refrigerated’’ or ‘‘quick blanched mushrooms’’; (3) dried mushrooms; (4) frozen mushrooms; and (5) ‘‘marinated,’’ ‘‘acidified,’’ or ‘‘pickled’’ mushrooms, which are prepared or preserved by means of vinegar or acetic acid, but may contain oil or other additives.1 The merchandise subject to this order is currently classifiable under subheadings: 2003.10.0127, 2003.10.0131, 2003.10.0137, 2003.10.0143, 2003.10.0147, 2003.10.0153 and 0711.51.0000 of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’). Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this order is dispositive. Period of Review The period of review (‘‘POR’’) covers February 1, 2004, through July 31, 2004. 1 On June 19, 2000, the Department affirmed that ‘‘marinated,’’ ‘‘acidified,’’ or ‘‘pickled’’ mushrooms containing less than 0.5 percent acetic acid are within the scope of the antidumping duty order. See ‘‘Recommendation Memorandum-Final Ruling of Request by Tak Fat, et al. for Exclusion of Certain Marinated, Acidified Mushrooms from the Scope of the Antidumping Duty Order on Certain Preserved Mushrooms from the People’s Republic of China,’’ dated June 19, 2000. The Department’s scope determination was affirmed by the Court of Appeals for the Federal Circuit in Tak Fat Trading Company, et. al. v. United States, et. al., 396 F.3d 1378 (Fed. Cir., 2005). E:\FR\FM\21JYN1.SGM 21JYN1

Agencies

[Federal Register Volume 70, Number 139 (Thursday, July 21, 2005)]
[Notices]
[Pages 42033-42034]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-3910]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-863]


Honey from the People's Republic of China: Notice of Extension of 
Time Limit for Preliminary Results of Antidumping Duty Administrative 
Review

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

EFFECTIVE DATE: July 21, 2005.

FOR FURTHER INFORMATION CONTACT: Anya Naschak or Kristina Boughton, 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-
6375 and (202) 482-8173, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 10, 2001, the Department of Commerce (the Department) 
published in the Federal Register an antidumping duty order covering 
honey from the PRC. See Notice of Amended Final Determination of Sales 
at Less Than Fair Value and Antidumping Duty Order; Honey from the 
People's Republic of China, 66 FR 63670 (December 10, 2001). On 
December 1, 2004, the Department published a Notice of Opportunity to 
Request an Administrative Review of Antidumping or Countervailing Duty 
Order, Finding, or Suspended Investigation, 69 FR 69889. On December 
30, 2004, the American Honey Producers Association and the Sioux Honey 
Association (collectively, petitioners), requested, in accordance with 
section 351.213(b) of the Department's regulations, an administrative 
review of the antidumping duty order on honey from the PRC for 19 
companies\1\ covering the period December 1, 2003, through November 30, 
2004. On December 30, 2004, and January 3, 2005, nine Chinese companies 
requested an administrative review of their respective companies. The 
Department notes that petitioners' request covered these nine companies 
as well.
---------------------------------------------------------------------------

    \1\ Among these 19 companies are ``Inner Mongolia Autonomous 
Region Native Produce and Animal By-Products Import & Export 
Corp.,'' and ``Inner Mongolia Autonomous Region Native Produce and 
Animal By-Products.'' These two names refer to the same company and 
the review is, therefore, being rescinded with respect to both 
iterations of the name.
---------------------------------------------------------------------------

    On January 31, 2005, the Department initiated an administrative 
review of 19 Chinese companies. See Initiation of Antidumping and 
Countervailing Duty Administrative Reviews and Request for Revocation 
in Part, 70 FR 4818 (January 31, 2005). On March 29, 2005, the 
Department rescinded this review with respect to seven companies 
because petitioners, the only party to have requested a review for 
these companies, withdrew their request. See Notice of Partial 
Rescission of Antidumping Duty Administrative Review: Honey from the 
People's Republic of China, 70 FR 15836 (March 29, 2005).
    On April 28, 2005, petitioners withdrew their request for review of 
Anhui Native Produce Import and Export Corp. (Anhui Native) and on 
April 29, 2005, petitioners withdrew their request for review of Inner 
Mongolia Autonomous Region Native Produce and Animal By-Products Import 
and Export Corporation (Inner Mongolia). On May 25, 2005, the 
Department rescinded this review with respect to Anhui Native and Inner 
Mongolia, because petitioners, the only party to request a review of 
these two companies, withdrew their request. See Honey from the 
People's Republic of China: Notice of Partial Rescission of Antidumping 
Duty Administrative Review, 70 FR 30082 (May 25, 2005).
    On June 20, 2005, petitioners requested that the Department extend 
the date for the issuance of the preliminary results in this proceeding 
from 245 days to 365 days, due to the large number of companies in the 
proceeding, complex issues of affiliation for several companies under 
review, and the difficulty in finding up-to-date factor valuation data, 
particularly for raw honey.

Extension of Time Limits for Preliminary Results

    Pursuant to Section 751(a)(3)(A) of the Tariff Act of 1930, as 
amended (the Act), and section 351.213(h)(1) of the Department's 
regulations, the Department shall issue the preliminary results of an 
administrative review within 245 days after the last day of the 
anniversary month of the date of publication of the order. The Act 
further provides that the Department shall issue the final results of 
review within 120 days after the date on which the notice of the 
preliminary results was published in the Federal Register. However, if 
the Department determines that it is not practicable to complete the 
review within this time period, section 751(a)(3)(A) of the Act and 
section 351.213(h)(2) of the Department's regulations allow the 
Department to extend the 245-day period to 365 days and the 120-day 
period to 180 days.
    The preliminary results of this administrative review are currently 
due no later than September 2, 2005. The Department finds that it is 
not practicable to complete the preliminary results of this 
administrative review within this time limit because it needs 
additional time to analyze the questionnaire responses, issue 
appropriate supplemental questionnaires and conduct verifications, and 
research surrogate value data, particularly for raw honey. Therefore, 
in accordance with section 751(a)(3)(A) of the Act and section 
351.213(h)(2) of the Department's regulations, the Department is 
extending the time limit for the completion of these preliminary 
results until no later than December 9, 2005, or 98 days. The deadline 
for the final results of the administrative review continues to be 120 
days after the date the publication of the preliminary results, unless 
extended.
     This notice is issued and published in accordance with section 
751(a)(3)(A) of the Act.


[[Page 42034]]


    Dated: July 14, 2005.
Susan H. Kuhbach,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. E5-3910 Filed 7-20-05; 8:45 am]
BILLING CODE 3510-DS-S