Honey from the People's Republic of China: Final Results and Final Rescission, In Part, of Antidumping Duty Administrative Review, 34893-34895 [E6-9477]
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Federal Register / Vol. 71, No. 116 / Friday, June 16, 2006 / Notices
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street & Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–3931 and (202)
482–1690, respectively.
SUPPLEMENTARY INFORMATION:
wwhite on PROD1PC61 with NOTICES
Background
On October 3, 2005, the Department
of Commerce (the Department) initiated
and the International Trade Commission
(ITC) instituted the second sunset
review of the antidumping duty order
on gray portland cement and cement
clinker from Japan, pursuant to section
751(c) of the Tariff Act of 1930, as
amended (the Act). See Initiation of
Five-year (‘‘Sunset’’) Reviews, 70 FR
57560 (October 3, 2005); Institution of
Five-year Reviews concerning the
Antidumping Duty Orders on Gray
Portland Cement and Cement Clinker
from Japan and Mexico, 70 FR 57617
(October 3, 2005). As a result of its
review, the Department found that
revocation of the antidumping duty
order would be likely to lead to
continuation or recurrence of dumping
and notified the ITC of the magnitude of
the margins likely to prevail were the
order to be revoked. See Gray Portland
Cement and Clinker from Japan; Final
Results of the Expedited Sunset Review
of the Antidumping Duty Order, 71 FR
6268 (February 7, 2006). On May 26,
2006, the ITC determined pursuant to
section 751(c) of the Act that revocation
of the antidumping duty orders on gray
portland cement and cement clinker
from Japan would be likely to lead to
continuation or recurrence of material
injury to an industry in the United
States within a reasonably foreseeable
time. See Gray Portland Cement and
Cement Clinker from Japan, 71 FR
32127 (June 2, 2006), and ITC
Publication 3856 (May 2006), entitled
Gray Portland Cement and Cement
Clinker from Japan: Investigation No.
731–TA–461 (Second Review).
Scope of the Order
The products covered by this order
are cement and cement clinker from
Japan. Cement is a hydraulic cement
and the primary component of concrete.
Cement clinker, an intermediate
material produced when manufacturing
cement, has no use other than grinding
into finished cement. Microfine cement
was specifically excluded from the
antidumping duty order. Cement is
currently classifiable under the
Harmonized Tariff Schedule (HTS) item
number 2523.29, and cement clinker is
currently classifiable under HTS item
number 2523.10. Cement has also been
entered under HTS item number
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18:25 Jun 15, 2006
Jkt 208001
2523.90 as ‘‘other hydraulic cements.’’
The Department made two scope rulings
regarding subject merchandise. See
Scope Rulings, 57 FR 19602 (May 7,
1992), classes G and H of oil well
cement are within the scope of the
order, and Scope Rulings, 58 FR 27542
(May 10, 1993), ‘‘Nittetsu Super Fine’’
cement is not within the scope of the
order. The order remains in effect for all
manufacturers, producers, and exporters
of cement from Japan.
The HTS item numbers are provided
for convenience and customs purposes.
The written product description
remains dispositive as to the scope of
the product coverage.
Determination
As a result of the determinations by
the Department and ITC that revocation
of this antidumping duty order would
be likely to lead to continuation or
recurrence of dumping and material
injury to an industry in the United
States, pursuant to section 751(d)(2) of
the Act, the Department hereby orders
the continuation of the antidumping
duty order on gray portland cement and
cement clinker from Japan.
U.S. Customs and Border Protection
will continue to collect antidumping
duty cash deposits at the rates in effect
at the time of entry for all imports of
subject merchandise.
The effective date of continuation of
this order will be the date of publication
in the Federal Register of this Notice of
Continuation. Pursuant to sections
751(c)(2) and 751(c)(6) of the Act, the
Department intends to initiate the next
five-year review of this order not later
than May 2011.
These five-year (sunset) reviews and
this notice are in accordance with
section 751(c) of the Act.
Dated: June 9, 2006.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E6–9476 Filed 6–15–06; 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: Final Results and Final
Rescission, In Part, of Antidumping
Duty Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On December 16, 2005, the
Department published the Preliminary
AGENCY:
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34893
Results of the third administrative
review of the antidumping duty order
on honey from the People’s Republic of
China (PRC). Honey from the People’s
Republic of China: Preliminary Results
and Partial Rescission of Antidumping
Duty Administrative Review, 70 FR
74764 (December 16, 2005) (Preliminary
Results). This review covers eight
exporters or producer/exporters: (1)
Anhui Honghui Honghui Foodstuff
(Group) Co., Ltd. (Anhui Honghui); (2)
Jiangsu Kanghong Natural Healthfoods
Co., Ltd. (Jiangsu Kanghong); (3) Jinfu
Trading Co., Ltd. (Jinfu); (4) Shanghai
Eswell Enterprise Co., Ltd. (Eswell); (5)
Zhejiang Native Produce and Animal
By–Products Import & Export Group
Corp. (Zhejiang); (6) Chengdu Waiyuan
Bee Products Co., Ltd. (Chengdu
Waiyuan); (7) Eurasia Bee’s Products
Co., Ltd. (Eurasia); and (8) Sichuan–
Dujiangyan Dubao Bee Industrial Co.,
Ltd. (Dubao). The period of review
(POR) is December 1, 2003, through
November 30, 2004. We have made
changes to certain surrogate values
based on our analysis of the record,
including factual information obtained
since the Preliminary Results. Therefore,
the final results differ from the
Preliminary Results. See ‘‘Final Results
of Review’’ section below.
EFFECTIVE DATE: June 16, 2006.
FOR FURTHER INFORMATION CONTACT:
Kristina Boughton or Bobby Wong, 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) 482–8173 or (202) 482–
0409, respectively.
SUPPLEMENTARY INFORMATION:
Background
We published in the Federal Register
the Preliminary Results of the third
administrative review on December 16,
2005. Preliminary Results. The POR is
December 1, 2003, through November
30, 2004.
Since the Preliminary Results the
following events have occurred:
On January 3, 2006, we extended the
time limit for submitting further
information to value the factors of
production until February 2, 2006. On
February 2, 2006, we received surrogate
value submissions from Anhui Honghui,
Jiangsu Kanghong, and Zhejiang
(collectively, GDLSK respondents), from
Eswell, and from the American Honey
Producers Association and the Sioux
Honey Association (collectively,
petitioners). On February 13, 2006, we
received a rebuttal surrogate value
submission from the GDLSK
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34894
Federal Register / Vol. 71, No. 116 / Friday, June 16, 2006 / Notices
respondents. On February 7, 2006, we
invited parties to comment in their
briefs on reclassifying employee benefits
(i.e., pension and social security
expenses) from direct labor to
manufacturing overhead in the
calculation of financial ratios.
We invited parties to comment on our
Preliminary Results. We received case
briefs from the GDLSK respondents and
Eswell on February 21, 2006. We
received a rebuttal brief from the
petitioners on February 28, 2006.
Scope of the 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
the order is dispositive.
wwhite on PROD1PC61 with NOTICES
Partial Rescission of Administrative
Review
In the Preliminary Results, the
Department issued a notice of intent to
rescind this administrative review with
respect to Chengdu Waiyuan, as we
found that there were no entries of
subject merchandise during the POR.
Preliminary Results, 70 FR at 74765.
The Department received no comments
on this issue and has no evidence to
challenge this finding. Therefore, the
Department is rescinding this
administrative review with respect to
Chengdu Waiyuan.
Separate Rates
Anhui Honghui, Jiangsu Kanghong,
Jinfu, Eswell, Zhejiang, and Eurasia
requested separate, company–specific
antidumping duty rates. In the
Preliminary Results, we found that
Anhui Honghui, Jiangsu Kanghong,
Jinfu, Eswell, and Zhejiang had met the
criteria for the application of a separate
antidumping duty rate. Preliminary
Results, 70 FR at 74768. Also in the
Preliminary Results, we found that
Eurasia and Dubao did not respond in
a complete and timely manner to the
Department’s requests for information,
and hence do not qualify for separate
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18:25 Jun 15, 2006
Jkt 208001
rates, but rather are appropriately
considered to be part of the PRC–wide
entity. Id. The Department did not
receive comments on this issue prior to
these final results. See also ‘‘The PRC–
Wide Rate and Application of Facts
Otherwise Available’’ section below.
We have not received any information
since the Preliminary Results with
respect to Anhui Honghui, Jiangsu
Kanghong, Jinfu, Eswell, and Zhejiang
that would warrant reconsideration of
our separate–rates determination with
respect to these companies. Therefore,
we have assigned individual dumping
margins to Anhui Honghui, Jiangsu
Kanghong, Jinfu, Eswell, and Zhejiang
for this review period.
Analysis of Comments Received
All issues raised in the briefs are
addressed in the Issues and Decision
Memorandum for the Final Results in
the 2003–2004 Administrative Review
of Honey from the People’s Republic of
China from Stephen J. Claeys, Deputy
Assistant Secretary, to David M.
Spooner, Assistant Secretary, dated June
9, 2006 (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, which is on file in
the Central Records Unit (CRU), room
B–099 of the Department of Commerce.
In addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly on the Web at
https://trade.gov/ia. The paper copy and
electronic version of the Issues and
Decision Memorandum are identical in
content.
Changes since the Preliminary Results
Based on the comments received from
the interested parties, we have made
company–specific changes to certain
surrogate value calculations that affect
the margin calculations for Eswell. For
a discussion of these changes, see the
Issues and Decision Memorandum, at
Comment 8.
For the final results, we revised our
calculation of surrogate financial ratios
for factory overhead, selling, general
and administrative expenses, and profit,
to use the more contemporaneous 2004/
2005 annual report from the
Mahabaleshwar Honey Producers
Cooperative, and applied these new
ratios in our margin calculations. We
also revised our calculation of the
financial ratios by reclassifying
employee benefits into overhead,
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Fmt 4703
Sfmt 4703
consistent with recent Department
determinations. See, e.g., Folding Metal
Tables and Chairs from the People’s
Republic of China: Final Results of
Antidumping Duty Administrative
Review, 71 FR 2905 (January 18, 2006),
and accompanying Issues and Decision
Memorandum, at Comment 1B See also
Issues and Decision Memorandum, at
Comments 2, 3, and 6.
The PRC–wide rate has also changed
for the final results, from 183.80 percent
to 212.39 percent, which represents the
calculated rate for Anhui Honghui in
these final results and is the highest rate
determined in the instant or any
previous segment of this proceeding. We
will apply the new PRC–wide rate of
212.39 percent to the PRC–wide entity
(including Eurasia and Dubao) for the
final results. See ‘‘The PRC–Wide Rate
and Application of Facts Otherwise
Available’’ section below. Corroboration
of the new PRC–wide rate is not
required because this rate is based on,
and calculated from, information
obtained in the course of this
administrative review, i.e., it is not
secondary information. See 19 CFR
351.308(c) and (d) and section 776(c) of
the Tariff Act of 1930, as amended (the
Act).
The PRC–Wide Rate and Application of
Facts Otherwise Available
As explained above, Anhui Honghui,
Jiangsu Kanghong, Jinfu, Eswell, and
Zhejiang (collectively, separate rate
companies) each have obtained a
separate rate. The PRC–wide rate
applies to all entries of subject
merchandise except for entries from
PRC producers/exporters that have their
own calculated rate. See ‘‘Separate
Rates’’ section above.
PRC–wide Entity (including Eurasia and
Dubao):
The Department did not receive
comments on its preliminary
determination to apply adverse facts
available (AFA) to the PRC–wide entity
(including Eurasia and Dubao) and has
no evidence to challenge this finding.
Therefore, we have not altered our
decision to apply total AFA to the PRC–
wide entity (including Eurasia and
Dubao) for these final results, in
accordance with sections 776(a)(2)(A)
and (B) and section 776(b) of the Act.
For a complete discussion of the
Department’s decision to apply total
AFA to the PRC–wide entity (including
Eurasia and Dubao), see Preliminary
Results, 70 FR at 74768–74769.
Final Results of Review
We determine that the following
antidumping duty margins exist:
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Federal Register / Vol. 71, No. 116 / Friday, June 16, 2006 / Notices
Kanghong, Jinfu, Eswell, and Zhejiang,
we will establish a per–kilogram cash
Anhui Honghui Fooddeposit rate which will be equivalent to
stuffs (Group) Co.,
the company–specific cash deposit
Ltd. ............................
212.39% established in this review; (2) the cash
Jiangsu Kanghong Natdeposit rate for PRC exporters who
ural Healthfoods Co.,
Ltd. ............................
210.53% received a separate rate in a prior
Jinfu Trading Co., Ltd. ..
168.88% segment of the proceeding will continue
to be the rate assigned in that segment
Shanghai Eswell Enterprise Co., Ltd. ...........
168.30% of the proceeding (except for Eurasia,
Zhejiang Native
whose cash–deposit rate has changed in
Produce and Animal
this review to the PRC–wide entity rate,
By–Products Import &
as noted below); (3) for all other PRC
Export Group Corp. ...
169.11% exporters of subject merchandise which
PRC–Wide Rate (inhave not been found to be entitled to a
cluding Sichuan–
separate rate (including Dubao and
Dujiangyan Dubao
Eurasia), the cash–deposit rate will be
Bee Industrial Co.,
the PRC–wide rate of 183.80 percent;
Ltd. and Eurasia’s
and (4) for all non–PRC exporters of
Bee Products Co.,
Ltd.) ...........................
212.39% subject merchandise, the cash–deposit
rate will be the rate applicable to the
For details on the calculation of the
PRC supplier of that exporter.
antidumping duty weighted–average
These deposit requirements shall
margin for each company, see the
remain in effect until publication of the
respective company’s analysis
final results of the next administrative
memorandum for the final results of the review.
third administrative review of the
Notification to Interested Parties
antidumping duty order on honey from
the PRC, dated June 9, 2006. Public
This notice also serves as the final
versions of these memoranda are on file reminder to importers of their
in the CRU.
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
Assessment of Antidumping Duties
reimbursement of antidumping duties
Pursuant to 19 CFR 351.212(b), the
prior to liquidation of the relevant
Department will determine, and U.S.
entries during this review period.
Customs and Border Protection (CBP)
Failure to comply with this requirement
shall assess, antidumping duties on all
could result in the Secretary’s
appropriate entries. The Department
presumption that reimbursement of
will issue appropriate assessment
antidumping duties occurred and in the
instructions directly to CBP within 15
subsequent assessment of double
days of publication of these final results
antidumping duties.
of review. For assessment purposes,
This notice also serves as the only
where possible, we calculated importer–
reminder to parties subject to
specific assessment rates for honey from
administrative protective order (APO) of
the PRC on a per–unit basis.
their responsibility concerning the
Specifically, we divided the total
return/destruction or conversion to
dumping margins (calculated as the
judicial protective order of proprietary
difference between normal value and
export price or constructed export price) information disclosed under APO in
accordance with
for each importer by the total quantity
19 CFR 351.305(a)(3). Failure to
of subject merchandise sold to that
comply is a violation of the APO.
importer during the POR to calculate a
This determination is issued and
per–unit assessment amount. We will
published in accordance with sections
direct CBP to levy importer–specific
751(a)(1) and 777(i)(1) of the Act.
assessment rates based on the resulting
Dated: June 9, 2006.
per–unit (i.e., per–kilogram) rates by the
weight in kilograms of each entry of the David M. Spooner,
subject merchandise during the POR.
Assistant Secretary for Import
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Exporter
Margin (percent)
Cash Deposits
The following cash–deposit
requirements will be effective upon
publication of these final results for
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of these final results, as
provided by section 751(a)(2)(C) of the
Act: (1) For subject merchandise
exported by Anhui Honghui, Jiangsu
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18:25 Jun 15, 2006
Jkt 208001
Administration.
Appendix I
List of Issues
General Issues
Comment 1: Appropriate Surrogate
Value for Honey
Comment 2: Appropriate Surrogate
Value for Financial Ratios
Comment 3: Calculation of the MHPC
Financial Ratios
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34895
Comment 4: Brokerage and Handling
Expenses
Comment 5: Calculation of the Surrogate
Wage Rate
Comment 6: Calculation of Employee
Benefits in Financial Ratios
Company–Specific Issues
Shanghai Eswell–Related Issues
Comment 7: Valuation of By–Product
for Shanghai Eswell
Comment 8: Calculation of Indirect
Selling Expenses for Shanghai Eswell
Jiangsu Kanghong–Related Issues
Comment 9: Appropriate Factors of
Production to Value for Jiangsu
Kanghong
[FR Doc. E6–9477 Filed 6–15–06; 8:45 am]
Billing Code: 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–412–822]
Stainless Steel Bar from the United
Kingdom: Notice of Partial Rescission
of Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: June 16, 2006.
FOR FURTHER INFORMATION CONTACT: Kate
Johnson or Rebecca Trainor, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–4929 or (202) 482–
4007, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On March 2, 2006, the Department
published in the Federal Register (71
FR 10642) a notice of ‘‘Opportunity To
Request Administrative Review’’ of the
antidumping duty order on stainless
steel bar from the United Kingdom for
the period March 1, 2005, through
February 28, 2006. On March 30 and 31,
2006, Firth Rixson Limited (Firth
Rixson) and Corus Engineering Steels
(CES), respectively, requested an
administrative review of their sales for
the above–mentioned period. On April
28, 2006, the Department published a
notice of initiation of an administrative
review of the antidumping duty order
on stainless steel bar from the United
Kingdom with respect to these
companies. See Initiation of
Antidumping and Countervailing Duty
Administrative Reviews, 71 FR 25145.
E:\FR\FM\16JNN1.SGM
16JNN1
]]>Agencies
[Federal Register Volume 71, Number 116 (Friday, June 16, 2006)]
[Notices]
[Pages 34893-34895]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-9477]
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DEPARTMENT OF COMMERCE
International Trade Administration
A-570-863
Honey from the People's Republic of China: Final Results and
Final Rescission, In Part, of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On December 16, 2005, the Department published the Preliminary
Results of the third administrative review of the antidumping duty
order on honey from the People's Republic of China (PRC). Honey from
the People's Republic of China: Preliminary Results and Partial
Rescission of Antidumping Duty Administrative Review, 70 FR 74764
(December 16, 2005) (Preliminary Results). This review covers eight
exporters or producer/exporters: (1) Anhui Honghui Honghui Foodstuff
(Group) Co., Ltd. (Anhui Honghui); (2) Jiangsu Kanghong Natural
Healthfoods Co., Ltd. (Jiangsu Kanghong); (3) Jinfu Trading Co., Ltd.
(Jinfu); (4) Shanghai Eswell Enterprise Co., Ltd. (Eswell); (5)
Zhejiang Native Produce and Animal By-Products Import & Export Group
Corp. (Zhejiang); (6) Chengdu Waiyuan Bee Products Co., Ltd. (Chengdu
Waiyuan); (7) Eurasia Bee's Products Co., Ltd. (Eurasia); and (8)
Sichuan-Dujiangyan Dubao Bee Industrial Co., Ltd. (Dubao). The period
of review (POR) is December 1, 2003, through November 30, 2004. We have
made changes to certain surrogate values based on our analysis of the
record, including factual information obtained since the Preliminary
Results. Therefore, the final results differ from the Preliminary
Results. See ``Final Results of Review'' section below.
EFFECTIVE DATE: June 16, 2006.
FOR FURTHER INFORMATION CONTACT: Kristina Boughton or Bobby Wong, 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-
8173 or (202) 482-0409, respectively.
SUPPLEMENTARY INFORMATION:
Background
We published in the Federal Register the Preliminary Results of the
third administrative review on December 16, 2005. Preliminary Results.
The POR is December 1, 2003, through November 30, 2004.
Since the Preliminary Results the following events have occurred:
On January 3, 2006, we extended the time limit for submitting
further information to value the factors of production until February
2, 2006. On February 2, 2006, we received surrogate value submissions
from Anhui Honghui, Jiangsu Kanghong, and Zhejiang (collectively, GDLSK
respondents), from Eswell, and from the American Honey Producers
Association and the Sioux Honey Association (collectively,
petitioners). On February 13, 2006, we received a rebuttal surrogate
value submission from the GDLSK
[[Page 34894]]
respondents. On February 7, 2006, we invited parties to comment in
their briefs on reclassifying employee benefits (i.e., pension and
social security expenses) from direct labor to manufacturing overhead
in the calculation of financial ratios.
We invited parties to comment on our Preliminary Results. We
received case briefs from the GDLSK respondents and Eswell on February
21, 2006. We received a rebuttal brief from the petitioners on February
28, 2006.
Scope of the 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 the order
is dispositive.
Partial Rescission of Administrative Review
In the Preliminary Results, the Department issued a notice of
intent to rescind this administrative review with respect to Chengdu
Waiyuan, as we found that there were no entries of subject merchandise
during the POR. Preliminary Results, 70 FR at 74765. The Department
received no comments on this issue and has no evidence to challenge
this finding. Therefore, the Department is rescinding this
administrative review with respect to Chengdu Waiyuan.
Separate Rates
Anhui Honghui, Jiangsu Kanghong, Jinfu, Eswell, Zhejiang, and
Eurasia requested separate, company-specific antidumping duty rates. In
the Preliminary Results, we found that Anhui Honghui, Jiangsu Kanghong,
Jinfu, Eswell, and Zhejiang had met the criteria for the application of
a separate antidumping duty rate. Preliminary Results, 70 FR at 74768.
Also in the Preliminary Results, we found that Eurasia and Dubao did
not respond in a complete and timely manner to the Department's
requests for information, and hence do not qualify for separate rates,
but rather are appropriately considered to be part of the PRC-wide
entity. Id. The Department did not receive comments on this issue prior
to these final results. See also ``The PRC-Wide Rate and Application of
Facts Otherwise Available'' section below.
We have not received any information since the Preliminary Results
with respect to Anhui Honghui, Jiangsu Kanghong, Jinfu, Eswell, and
Zhejiang that would warrant reconsideration of our separate-rates
determination with respect to these companies. Therefore, we have
assigned individual dumping margins to Anhui Honghui, Jiangsu Kanghong,
Jinfu, Eswell, and Zhejiang for this review period.
Analysis of Comments Received
All issues raised in the briefs are addressed in the Issues and
Decision Memorandum for the Final Results in the 2003-2004
Administrative Review of Honey from the People's Republic of China from
Stephen J. Claeys, Deputy Assistant Secretary, to David M. Spooner,
Assistant Secretary, dated June 9, 2006 (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, which is on file in the
Central Records Unit (CRU), room B-099 of the Department of Commerce.
In addition, a complete version of the Issues and Decision Memorandum
can be accessed directly on the Web at https://trade.gov/ia. The paper
copy and electronic version of the Issues and Decision Memorandum are
identical in content.
Changes since the Preliminary Results
Based on the comments received from the interested parties, we have
made company-specific changes to certain surrogate value calculations
that affect the margin calculations for Eswell. For a discussion of
these changes, see the Issues and Decision Memorandum, at Comment 8.
For the final results, we revised our calculation of surrogate
financial ratios for factory overhead, selling, general and
administrative expenses, and profit, to use the more contemporaneous
2004/2005 annual report from the Mahabaleshwar Honey Producers
Cooperative, and applied these new ratios in our margin calculations.
We also revised our calculation of the financial ratios by
reclassifying employee benefits into overhead, consistent with recent
Department determinations. See, e.g., Folding Metal Tables and Chairs
from the People's Republic of China: Final Results of Antidumping Duty
Administrative Review, 71 FR 2905 (January 18, 2006), and accompanying
Issues and Decision Memorandum, at Comment 1B See also Issues and
Decision Memorandum, at Comments 2, 3, and 6.
The PRC-wide rate has also changed for the final results, from
183.80 percent to 212.39 percent, which represents the calculated rate
for Anhui Honghui in these final results and is the highest rate
determined in the instant or any previous segment of this proceeding.
We will apply the new PRC-wide rate of 212.39 percent to the PRC-wide
entity (including Eurasia and Dubao) for the final results. See ``The
PRC-Wide Rate and Application of Facts Otherwise Available'' section
below. Corroboration of the new PRC-wide rate is not required because
this rate is based on, and calculated from, information obtained in the
course of this administrative review, i.e., it is not secondary
information. See 19 CFR 351.308(c) and (d) and section 776(c) of the
Tariff Act of 1930, as amended (the Act).
The PRC-Wide Rate and Application of Facts Otherwise Available
As explained above, Anhui Honghui, Jiangsu Kanghong, Jinfu, Eswell,
and Zhejiang (collectively, separate rate companies) each have obtained
a separate rate. The PRC-wide rate applies to all entries of subject
merchandise except for entries from PRC producers/exporters that have
their own calculated rate. See ``Separate Rates'' section above.
PRC-wide Entity (including Eurasia and Dubao):
The Department did not receive comments on its preliminary
determination to apply adverse facts available (AFA) to the PRC-wide
entity (including Eurasia and Dubao) and has no evidence to challenge
this finding. Therefore, we have not altered our decision to apply
total AFA to the PRC-wide entity (including Eurasia and Dubao) for
these final results, in accordance with sections 776(a)(2)(A) and (B)
and section 776(b) of the Act. For a complete discussion of the
Department's decision to apply total AFA to the PRC-wide entity
(including Eurasia and Dubao), see Preliminary Results, 70 FR at 74768-
74769.
Final Results of Review
We determine that the following antidumping duty margins exist:
[[Page 34895]]
------------------------------------------------------------------------
Exporter Margin (percent)
------------------------------------------------------------------------
Anhui Honghui Foodstuffs (Group) Co., Ltd........... 212.39%
Jiangsu Kanghong Natural Healthfoods Co., Ltd....... 210.53%
Jinfu Trading Co., Ltd.............................. 168.88%
Shanghai Eswell Enterprise Co., Ltd................. 168.30%
Zhejiang Native Produce and Animal By-Products 169.11%
Import & Export Group Corp.........................
PRC-Wide Rate (including Sichuan-Dujiangyan Dubao 212.39%
Bee Industrial Co., Ltd. and Eurasia's Bee Products
Co., Ltd.).........................................
------------------------------------------------------------------------
For details on the calculation of the antidumping duty weighted-
average margin for each company, see the respective company's analysis
memorandum for the final results of the third administrative review of
the antidumping duty order on honey from the PRC, dated June 9, 2006.
Public versions of these memoranda are on file in the CRU.
Assessment of Antidumping Duties
Pursuant to 19 CFR 351.212(b), the Department will determine, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries. The Department will issue
appropriate assessment instructions directly to CBP within 15 days of
publication of these final results of review. For assessment purposes,
where possible, we calculated importer-specific assessment rates for
honey from the PRC on a per-unit basis. Specifically, we divided the
total dumping margins (calculated as the difference between normal
value and export price or constructed export price) for each importer
by the total quantity of subject merchandise sold to that importer
during the POR to calculate a per-unit assessment amount. We will
direct CBP to levy importer-specific assessment rates based on the
resulting per-unit (i.e., per-kilogram) rates by the weight in
kilograms of each entry of the subject merchandise during the POR.
Cash Deposits
The following cash-deposit requirements will be effective upon
publication of these final results for shipments of the subject
merchandise entered, or withdrawn from warehouse, for consumption on or
after the publication date of these final results, as provided by
section 751(a)(2)(C) of the Act: (1) For subject merchandise exported
by Anhui Honghui, Jiangsu Kanghong, Jinfu, Eswell, and Zhejiang, we
will establish a per-kilogram cash deposit rate which will be
equivalent to the company-specific cash deposit established in this
review; (2) the cash deposit rate for PRC exporters who received a
separate rate in a prior segment of the proceeding will continue to be
the rate assigned in that segment of the proceeding (except for
Eurasia, whose cash-deposit rate has changed in this review to the PRC-
wide entity rate, as noted below); (3) for all other PRC exporters of
subject merchandise which have not been found to be entitled to a
separate rate (including Dubao and Eurasia), the cash-deposit rate will
be the PRC-wide rate of 183.80 percent; and (4) for all non-PRC
exporters of subject merchandise, the cash-deposit rate will be the
rate applicable to the PRC supplier of that exporter.
These deposit requirements shall remain in effect until publication
of the final results of the next administrative review.
Notification to Interested Parties
This notice also serves as the final 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 in the subsequent
assessment of double antidumping duties.
This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return/destruction or conversion to judicial protective
order of proprietary information disclosed under APO in accordance with
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO.
This determination is issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: June 9, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
Appendix I
List of Issues
General Issues
Comment 1: Appropriate Surrogate Value for Honey
Comment 2: Appropriate Surrogate Value for Financial Ratios
Comment 3: Calculation of the MHPC Financial Ratios
Comment 4: Brokerage and Handling Expenses
Comment 5: Calculation of the Surrogate Wage Rate
Comment 6: Calculation of Employee Benefits in Financial Ratios
Company-Specific Issues
Shanghai Eswell-Related Issues
Comment 7: Valuation of By-Product for Shanghai Eswell
Comment 8: Calculation of Indirect Selling Expenses for Shanghai Eswell
Jiangsu Kanghong-Related Issues
Comment 9: Appropriate Factors of Production to Value for Jiangsu
Kanghong
[FR Doc. E6-9477 Filed 6-15-06; 8:45 am]
Billing Code: 3510-DS-S
