Honey from the People's Republic of China: Initiation of New Shipper Antidumping Duty Reviews, 5051-5052 [E6-1208]
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Federal Register / Vol. 71, No. 20 / Tuesday, January 31, 2006 / Notices
held that, pursuant to 19 U.S.C. Sec.
1516a(c)(1) and 1516a(e), the
Department of Commerce (‘‘the
Department’’) must publish notice of
decision of the Court of International
Trade (‘‘CIT’’) which is ‘‘not in
harmony’’ with the Department’s
results. Timken, 893 F.2d at 340. This is
true for CIT decisions which are ‘‘not in
harmony’’ with the results of ITC injury,
or threat of injury, determinations as
well. Because NAFTA panels step into
the shoes of the courts they are
replacing, they must apply the law of
the national court that would otherwise
review the administrative
determination. Therefore, we are
publishing notice that the Panel’s
December 23, 2005, Notice of Final
Panel Action, and its December 12,
2005, decision are ‘‘not in harmony’’
with the ITC’s Final Injury
Determination. Publication of this
notice fulfills the obligation imposed
upon the Department by the decision in
Timken.
In addition, this notice will serve to
suspend liquidation of entries of subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after January 2, 2006, i.e., 10 days from
the issuance of the Notice of Final Panel
Action, at the current cash deposit rate.
January 25, 2006.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E6–1204 Filed 1–30–06; 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: Initiation of New Shipper
Antidumping Duty Reviews
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: January 31, 2006.
SUMMARY: In December 2005, the
Department of Commerce (the
Department) received four requests to
conduct new shipper reviews of the
antidumping duty order on honey from
the People’s Republic of China (PRC).
We have determined that these requests
meet the statutory and regulatory
requirements for the initiation of new
shipper reviews.
FOR FURTHER INFORMATION CONTACT:
Catherine Bertrand or Kristina
Boughton, AD/CVD Operations, Office
9, Import Administration, International
hsrobinson on PROD1PC70 with NOTICES
AGENCY:
VerDate Aug<31>2005
15:34 Jan 30, 2006
Jkt 208001
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue, NW, Washington,
DC 20230; telephone: (202) 482–3207 or
(202) 482–8173, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department received timely
requests from Mongolia Altin Bee–
Keeping Co., Ltd. (Altin), Dongtai Peak
Honey Industry Co. Ltd. (Peak Honey),
Qinhuangdao Municipal Dafeng
Industrial Co., Ltd. (QMD), and Tianjin
Eulia Honey Co., Ltd. (Eulia) in
accordance with 19 CFR 351.214(c), for
new shipper reviews of the antidumping
duty order on honey from the PRC,
which has a December annual
anniversary month, and a June semi–
annual anniversary month. Altin, Peak
Honey, QMD, and Eulia identified
themselves as producers and exporters
of honey. As required by 19 CFR
351.214(b)(2)(i), and (iii)(A), Altin, Peak
Honey, QMD, and Eulia certified that
they did not export honey to the United
States during the period of investigation
(POI), and that they have never been
affiliated with any exporter or producer
which exported honey to the United
States during the POI. Furthermore, the
four companies have also certified that
their export activities are not controlled
by the central government of the PRC,
satisfying the requirements of 19 CFR
351.214(b)(2)(iii)(B). Pursuant to the
Department’s regulations at 19 CFR
351.214(b)(2)(iv), Altin, Peak Honey,
QMD, and Eulia submitted
documentation establishing the date on
which the subject merchandise was first
entered for consumption in the United
States, the volume of that first shipment
and any subsequent shipments, and the
date of the first sale to an unaffiliated
customer in the United States.
The Department conducted Customs
database queries to confirm that the
shipments made by Altin, Peak Honey,
QMD, and Eulia had officially entered
the United States via assignment of an
entry date in the Customs database by
U.S. Customs and Border Protection
(CBP). We note that although Eulia
submitted documentation regarding the
volume of its shipment, the date of its
first sale to an unaffiliated customer in
the United States, and the date the
merchandise was first entered for
consumption in the United States, our
Customs query shows that Eulia’s
shipment entered the United States
shortly after the anniversary month.
Under 19 CFR 351.214(f)(2)(ii), when
the sale of the subject merchandise
occurs within the period of review
(POR), but the entry occurs after the
normal POR, the POR may be extended
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
5051
unless it would be likely to prevent the
completion of the review within the
time limits set by the Department’s
regulations. The preamble to the
Department’s regulations states that
both the entry and the sale should occur
during the POR, and that under
‘‘appropriate’’ circumstances the
Department has the flexibility to extend
the POR. Antidumping Duties;
Countervailing Duties; Final Rule, 62 FR
27296, 27319–27320 (May 19, 1997). In
this instance, Eulia’s shipment entered
in the month following the end of the
POR. The Department does not find that
this delay prevents the completion of
the review within the time limits set by
the Department’s regulations.
Initiation of Review
In accordance with section
751(a)(2)(B) of the Tariff Act of 1930
(the Act), as amended, and 19 CFR
351.214(d)(1), and based on information
on the record, we are initiating new
shipper reviews for Altin, Peak Honey,
QMD, and Eulia. See ‘‘Memorandum to
the File through James C. Doyle: New
Shipper Review Initiation Checklist,’’
dated January 24, 2006. We intend to
issue the preliminary results of these
reviews not later than 180 days after the
date on which these reviews were
initiated, and the final results of these
reviews within 90 days after the date on
which the preliminary results were
issued. 19 CFR 351.214(i)(1).
Pursuant to 19 CFR
351.214(g)(1)(i)(A), the POR for a new
shipper review, initiated in the month
immediately following the anniversary
month, will be the 12-month period
immediately preceding the anniversary
month. Therefore, the POR for the new
shipper reviews of Altin, Peak Honey,
and QMD is December 1, 2004, through
November 30, 2005. As discussed above,
under 19 CFR 351.214(f)(2)(ii), when the
sale of the subject merchandise occurs
within the POR, but the entry occurs
after the normal POR, the POR may be
extended. Therefore, the POR for the
new shipper review of Eulia is
December 1, 2004, through December
31, 2005.
It is the Department’s usual practice
in cases involving non–market
economies to require that a company
seeking to establish eligibility for an
antidumping duty rate separate from the
country–wide rate provide evidence of
de jure and de facto absence of
government control over the company’s
export activities. Final Determination of
Sales at Less Than Fair Value: Sparklers
from the People’s Republic of China, 56
FR 20588 (May 6, 1991, at Comment 1,
as amplified by the Final Determination
of Sales at Less Than Fair Value: Silicon
E:\FR\FM\31JAN1.SGM
31JAN1
5052
Federal Register / Vol. 71, No. 20 / Tuesday, January 31, 2006 / Notices
Carbide from the People’s Republic of
China, 59 FR 22585, 22587 (May 2,
1994).
Accordingly, we will issue
questionnaires to Altin, Peak Honey,
QMD, and Eulia, including a separate
rates section. The review will proceed if
the responses provide sufficient
indication that Altin, Peak Honey,
QMD, and Eulia are not subject to either
de jure or de facto government control
with respect to their exports of honey.
However, if any company does not
demonstrate its eligibility for a separate
rate, then that company will be deemed
not separate from other companies that
exported during the POI and the new
shipper review will be rescinded for
that company.
In accordance with section
751(a)(2)(B)(iii) of the Act and 19 CFR
351.214(e), we will instruct CBP to
allow, at the option of the importers, the
posting, until the completion of the
review, of a single entry bond or
security in lieu of a cash deposit for
certain entries of the merchandise
exported by Altin, Peak Honey, QMD,
and Eulia. Specifically, since Altin,
Peak Honey, QMD, and Eulia have
stated that they are both the producers
and exporters of the subject
merchandise for the sales under review,
we will instruct CBP to limit the
bonding option only to entries of
merchandise that were both exported
and produced by Altin, Peak Honey,
QMD, and Eulia, respectively.
Interested parties that need access to
proprietary information in these new
shipper reviews should submit
applications for disclosure under
administrative protective orders in
accordance with 19 CFR 351.305 and
351.306.
This initiation and notice are in
accordance with section 751(a)(2)(B) of
the Act, 19 CFR 351.214(d), and 19 CFR
351.221(c)(1)(i).
Dated: January 25, 2006.
Stephen J. Claeys,
Deputy Assistant Secretaryfor Import
Administration.
[FR Doc. E6–1208 Filed 1–30–06; 8:45 am]
hsrobinson on PROD1PC70 with NOTICES
BILLING CODE 3510–DS–S
VerDate Aug<31>2005
15:34 Jan 30, 2006
Jkt 208001
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Announcement of a Meeting to Explore
Feasibility of Establishing a NIST/
Industry Consortium on the
Constituent Contribution to the Service
Life of a Coating System
National Institute of Standards
and Technology, Commerce.
ACTION: Notice of public meeting.
AGENCY:
The National Institute of
Standards and Technology (NIST)
invites interested parties to attend a preconsortium meeting to be held on May
16 and 17, 2006 at the NIST main
campus in Gaithersburg, MD. The
objective of this two-day meeting is to
evaluate industry interest in the fourth
phase of the Coatings Service Life
Prediction Consortium. The goals of this
consortium include the development of
measurement methods and
mathematical models for ascertaining
the service life response of filled
coatings containing pigments having a
range of photoreactivities exposed in
both the laboratory and the field. For
this particular phase of research, the
filler of interest will be titanium dioxide
nanoparticles and pigments dispersed in
both a thermoplastic and a thermoset
matrix. NIST staff members along with
at least one technical representative
from each participating member
company will conduct consortium
research and development. Membership
in the Consortium is open to the
coatings community, particularly
coating manufacturers, raw material
suppliers, and equipment
manufacturers. The term of the
consortium is intended to be four years.
DATES: The meeting will take place on
Tuesday, May 16, 2006 from 9 a.m. to
5 p.m. and on Wednesday, May 17, 2006
from 9 a.m. to noon. Interested parties
should contact NIST at the address,
telephone number or fax number shown
below to confirm their interest and to
gain entry into the NIST facility.
ADDRESSES: The meeting will take place
at the National Institute of Standards
and Technology (NIST), 100 Bureau
Drive, Gaithersburg, MD 20899,
Building 224, Room B245.
FOR FURTHER INFORMATION CONTACT:
Jonathan W. Martin or Joannie Chin,
Polymeric Materials Group, National
Institute of Standards and Technology
(NIST), 100 Bureau Drive MS 8615,
Gaithersburg, MD 20899. Telephone:
(301) 975–6707; fax: 301 990–6891; email: jonathan.martin@nist.gov or
joannie.chin@nist.gov.
SUMMARY:
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Fmt 4703
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Any
program undertaken will be within the
scope and confines of The Federal
Technology Transfer Act of 1986 (Pub.
L. 99–502, 15 U.S.C. 3710a), which
provides federal laboratories including
NIST, with the authority to enter into
cooperative research agreements with
qualified parties. Under this law, NIST
may contribute personnel, equipment,
and facilities but no funds to the
cooperative research program. This is
not a grant program.
SUPPLEMENTARY INFORMATION:
Dated: January 26, 2006.
William Jeffrey,
Director.
[FR Doc. E6–1199 Filed 1–30–06; 8:45 am]
BILLING CODE 3510–13–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Federal Consistency Appeal by Edwin
Irizarry Garcia From an Objection by
the Puerto Rico Planning Board
National Oceanic and
Atmospheric Administration (NOAA),
Department of Commerce (Commerce).
ACTION: Notice of closure—
administrative appeal decision record.
AGENCY:
SUMMARY: This announcement provides
notice that the decision record has been
closed for an administrative appeal filed
with the Department of Commerce by
Edwin Irizarry Garcia.
DATES: The decision record for the
Irizarry administrative appeal closed on
January 23, 2006.
ADDRESSES: Materials from the appeal
record are available at the Office of the
Assistant General Counsel for Ocean
Services, National Oceanic and
Atmospheric Administration, U.S.
Department of Commerce, 1305 EastWest Highway, Silver Spring, MD
20910.
FOR FURTHER INFORMATION CONTACT:
Brett Grosko, Attorney-Adviser, NOAA
Office of the General Counsel, 301–713–
7384.
SUPPLEMENTARY INFORMATION: Edwin
Irizarry Garcia (Appellant) has filed a
notice of appeal with the Secretary of
Commerce (Secretary) pursuant to
section 307(c)(3)(A) of the Coastal Zone
Management Act of 1972 (CZMA), as
amended, 16 U.S.C. ‘‘1456(c)(3)(A), and
implementing regulations found at 15
CFR part 930, Subpart H. Mr. Irizarry
appeals an objection raised by the
Puerto Rico Planning Board (Puerto
Rico) to a consistency certification
contained within his application to the
E:\FR\FM\31JAN1.SGM
31JAN1
Agencies
[Federal Register Volume 71, Number 20 (Tuesday, January 31, 2006)]
[Notices]
[Pages 5051-5052]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-1208]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-863]
Honey from the People's Republic of China: Initiation of New
Shipper Antidumping Duty Reviews
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: January 31, 2006.
SUMMARY: In December 2005, the Department of Commerce (the Department)
received four requests to conduct new shipper reviews of the
antidumping duty order on honey from the People's Republic of China
(PRC). We have determined that these requests meet the statutory and
regulatory requirements for the initiation of new shipper reviews.
FOR FURTHER INFORMATION CONTACT: Catherine Bertrand or Kristina
Boughton, AD/CVD Operations, Office 9, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14\th\
Street and Constitution Avenue, NW, Washington, DC 20230; telephone:
(202) 482-3207 or (202) 482-8173, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department received timely requests from Mongolia Altin Bee-
Keeping Co., Ltd. (Altin), Dongtai Peak Honey Industry Co. Ltd. (Peak
Honey), Qinhuangdao Municipal Dafeng Industrial Co., Ltd. (QMD), and
Tianjin Eulia Honey Co., Ltd. (Eulia) in accordance with 19 CFR
351.214(c), for new shipper reviews of the antidumping duty order on
honey from the PRC, which has a December annual anniversary month, and
a June semi-annual anniversary month. Altin, Peak Honey, QMD, and Eulia
identified themselves as producers and exporters of honey. As required
by 19 CFR 351.214(b)(2)(i), and (iii)(A), Altin, Peak Honey, QMD, and
Eulia certified that they did not export honey to the United States
during the period of investigation (POI), and that they have never been
affiliated with any exporter or producer which exported honey to the
United States during the POI. Furthermore, the four companies have also
certified that their export activities are not controlled by the
central government of the PRC, satisfying the requirements of 19 CFR
351.214(b)(2)(iii)(B). Pursuant to the Department's regulations at 19
CFR 351.214(b)(2)(iv), Altin, Peak Honey, QMD, and Eulia submitted
documentation establishing the date on which the subject merchandise
was first entered for consumption in the United States, the volume of
that first shipment and any subsequent shipments, and the date of the
first sale to an unaffiliated customer in the United States.
The Department conducted Customs database queries to confirm that
the shipments made by Altin, Peak Honey, QMD, and Eulia had officially
entered the United States via assignment of an entry date in the
Customs database by U.S. Customs and Border Protection (CBP). We note
that although Eulia submitted documentation regarding the volume of its
shipment, the date of its first sale to an unaffiliated customer in the
United States, and the date the merchandise was first entered for
consumption in the United States, our Customs query shows that Eulia's
shipment entered the United States shortly after the anniversary month.
Under 19 CFR 351.214(f)(2)(ii), when the sale of the subject
merchandise occurs within the period of review (POR), but the entry
occurs after the normal POR, the POR may be extended unless it would be
likely to prevent the completion of the review within the time limits
set by the Department's regulations. The preamble to the Department's
regulations states that both the entry and the sale should occur during
the POR, and that under ``appropriate'' circumstances the Department
has the flexibility to extend the POR. Antidumping Duties;
Countervailing Duties; Final Rule, 62 FR 27296, 27319-27320 (May 19,
1997). In this instance, Eulia's shipment entered in the month
following the end of the POR. The Department does not find that this
delay prevents the completion of the review within the time limits set
by the Department's regulations.
Initiation of Review
In accordance with section 751(a)(2)(B) of the Tariff Act of 1930
(the Act), as amended, and 19 CFR 351.214(d)(1), and based on
information on the record, we are initiating new shipper reviews for
Altin, Peak Honey, QMD, and Eulia. See ``Memorandum to the File through
James C. Doyle: New Shipper Review Initiation Checklist,'' dated
January 24, 2006. We intend to issue the preliminary results of these
reviews not later than 180 days after the date on which these reviews
were initiated, and the final results of these reviews within 90 days
after the date on which the preliminary results were issued. 19 CFR
351.214(i)(1).
Pursuant to 19 CFR 351.214(g)(1)(i)(A), the POR for a new shipper
review, initiated in the month immediately following the anniversary
month, will be the 12-month period immediately preceding the
anniversary month. Therefore, the POR for the new shipper reviews of
Altin, Peak Honey, and QMD is December 1, 2004, through November 30,
2005. As discussed above, under 19 CFR 351.214(f)(2)(ii), when the sale
of the subject merchandise occurs within the POR, but the entry occurs
after the normal POR, the POR may be extended. Therefore, the POR for
the new shipper review of Eulia is December 1, 2004, through December
31, 2005.
It is the Department's usual practice in cases involving non-market
economies to require that a company seeking to establish eligibility
for an antidumping duty rate separate from the country-wide rate
provide evidence of de jure and de facto absence of government control
over the company's export activities. Final Determination of Sales at
Less Than Fair Value: Sparklers from the People's Republic of China, 56
FR 20588 (May 6, 1991, at Comment 1, as amplified by the Final
Determination of Sales at Less Than Fair Value: Silicon
[[Page 5052]]
Carbide from the People's Republic of China, 59 FR 22585, 22587 (May 2,
1994).
Accordingly, we will issue questionnaires to Altin, Peak Honey,
QMD, and Eulia, including a separate rates section. The review will
proceed if the responses provide sufficient indication that Altin, Peak
Honey, QMD, and Eulia are not subject to either de jure or de facto
government control with respect to their exports of honey. However, if
any company does not demonstrate its eligibility for a separate rate,
then that company will be deemed not separate from other companies that
exported during the POI and the new shipper review will be rescinded
for that company.
In accordance with section 751(a)(2)(B)(iii) of the Act and 19 CFR
351.214(e), we will instruct CBP to allow, at the option of the
importers, the posting, until the completion of the review, of a single
entry bond or security in lieu of a cash deposit for certain entries of
the merchandise exported by Altin, Peak Honey, QMD, and Eulia.
Specifically, since Altin, Peak Honey, QMD, and Eulia have stated that
they are both the producers and exporters of the subject merchandise
for the sales under review, we will instruct CBP to limit the bonding
option only to entries of merchandise that were both exported and
produced by Altin, Peak Honey, QMD, and Eulia, respectively.
Interested parties that need access to proprietary information in
these new shipper reviews should submit applications for disclosure
under administrative protective orders in accordance with 19 CFR
351.305 and 351.306.
This initiation and notice are in accordance with section
751(a)(2)(B) of the Act, 19 CFR 351.214(d), and 19 CFR
351.221(c)(1)(i).
Dated: January 25, 2006.
Stephen J. Claeys,
Deputy Assistant Secretaryfor Import Administration.
[FR Doc. E6-1208 Filed 1-30-06; 8:45 am]
BILLING CODE 3510-DS-S