Honey from the People's Republic of China: Initiation of New Shipper Antidumping Duty Reviews, 43108-43109 [E6-12223]

Download as PDF 43108 Federal Register / Vol. 71, No. 146 / Monday, July 31, 2006 / Notices sroberts on PROD1PC70 with NOTICES Notice’’). The period of review (POR) is July 16, 2004 through January 31, 2006. On May 19, 2006, Petitioner1 withdrew its request for an administrative review of one company: Polypro Plastics. On July 6, 2006, Petitioner withdrew its request for an administrative review of 36 companies: Beihai Zhengwu Industry Co., Ltd.; Chaoyang Qiaofeng Group Co., Ltd. (Shantou Qiaofeng (Group) Co., Ltd.) (Shantou/Chaoyang Qiaofeng); Chengai Nichi Lan Foods Co., Ltd.; Citic Heavy Machinery; Dalian Ftz Sea–Rich International Trading Co., Ltd.; Dongri Aquatic Products Freezing Plants; Fuqing Dongwei Aquatic Products Industry Co. Ltd.; Gallant Ocean (Liangjiang) Co. Ltd.; Hainan Fruit Vegetable Food Allocation Co., Ltd.; Hainan Golden Spring Foods Co., Ltd/ Hainan Brich Aquatic Products Co., Ltd.; Jinfu Trading Co., Ltd.; Kaifeng Ocean Sky Industry Co., Ltd.; Leizhou Zhulian Frozen Food Co., Ltd.; Pingyang Xinye Aquatic Products Co. Ltd.; Savvy Seafood Inc.; Shanghai Taoen International Trading Co., Ltd.; Shantou Freezing Aquatic Product Food Stuff Co.; Shantou Jinhang Aquatic Industry Co., Ltd.; Shantou Jinyuan District Mingfeng Quick–Frozen Factory; Shantou Long Feng Foodstuffs Co., Ltd. (Shantou Longfeng Foodstuffs Co., Ltd.); Shantou Ruiyaun Industry Co., Ltd.; Shantou Shengping Oceanstar Business Co. Ltd.; Shantou Wanya Food Factory Co. Ltd.; Shantou Yuexing Enterprise Company; Xuwen Hailang Breeding Co., Ltd.; Yantai Wei–Cheng Food Co., Ltd.; Zhangjiang Bobogo Ocean Co., Ltd.; Zhangjiang Newpro Food Co., Ltd.; Zhanjiang Go–Harvest Aquatic Products Co., Ltd.; Zhanjiang Runhai Foods Co., Ltd.; Zhanjiang Universal Seafood Corp; Zhejiang Cereals, Oils, & Foodstuffs Import & Export Co., Ltd.; Zhoushan Cereals, Oils, and Foodstuffs Import and Export Co., Ltd.; Zhoushan Diciyuan Aquatic Products; Zhoushan Lizhou Fishery Co., Ltd.; and Zhoushan Xifeng Aquatic Co., Ltd. Partial Rescission Pursuant to section 351.213(d)(1) of the Department’s regulations, the Secretary will rescind an administrative review, in whole or in part, if a party who requested the review withdraws the request within ninety days of the date of publication of notice of initiation of the requested review. Because the Petitioner’s requests for withdrawal were timely and no other party requested a review of the following companies, in accordance 1 Ad Hoc Shrimp Trade Action Committee (‘‘Petitioner’’). VerDate Aug<31>2005 17:34 Jul 28, 2006 Jkt 208001 with section 351.213(d)(1) of the Department’s regulations, we are rescinding this review with respect to the following 37 companies: Beihai Zhengwu Industry Co., Ltd.; Chaoyang Qiaofeng Group Co., Ltd. (Shantou Qiaofeng (Group) Co., Ltd.) (Shantou/ Chaoyang Qiaofeng); Chengai Nichi Lan Foods Co., Ltd.; Citic Heavy Machinery; Dalian Ftz Sea–Rich International Trading Co., Ltd.; Dongri Aquatic Products Freezing Plants; Fuqing Dongwei Aquatic Products Industry Co. Ltd.; Gallant Ocean (Liangjiang) Co. Ltd.; Hainan Fruit Vegetable Food Allocation Co., Ltd.; Hainan Golden Spring Foods Co., Ltd/ Hainan Brich Aquatic Products Co., Ltd.; Jinfu Trading Co., Ltd.; Kaifeng Ocean Sky Industry Co., Ltd.; Leizhou Zhulian Frozen Food Co., Ltd.; Pingyang Xinye Aquatic Products Co. Ltd.; Polypro Plastics; Savvy Seafood Inc.; Shanghai Taoen International Trading Co., Ltd.; Shantou Freezing Aquatic Product Food Stuff Co.; Shantou Jinhang Aquatic Industry Co., Ltd.; Shantou Jinyuan District Mingfeng Quick–Frozen Factory; Shantou Long Feng Foodstuffs Co., Ltd. (Shantou Longfeng Foodstuffs Co., Ltd.); Shantou Ruiyaun Industry Co., Ltd.; Shantou Shengping Oceanstar Business Co. Ltd.; Shantou Wanya Food Factory Co. Ltd.; Shantou Yuexing Enterprise Company; Xuwen Hailang Breeding Co., Ltd.; Yantai Wei–Cheng Food Co., Ltd.; Zhangjiang Bobogo Ocean Co., Ltd.; Zhangjiang Newpro Food Co., Ltd.; Zhanjiang Go–Harvest Aquatic Products Co., Ltd.; Zhanjiang Runhai Foods Co., Ltd.; Zhanjiang Universal Seafood Corp; Zhejiang Cereals, Oils, & Foodstuffs Import & Export Co., Ltd.; Zhoushan Cereals, Oils, and Foodstuffs Import and Export Co., Ltd.; Zhoushan Diciyuan Aquatic Products; Zhoushan Lizhou Fishery Co., Ltd.; and Zhoushan Xifeng Aquatic Co., Ltd. For those companies that submitted information stating that they did not have any shipments of subject merchandise during the POR, and for which there remains an active request for review, we will evaluate the no shipment information and may rescind the review for such companies at a later date. Assessment Rates The Department will instruct U.S. Customs and Border Protection (‘‘CBP’’) to assess antidumping duties on all appropriate entries. For those companies for which this review has been rescinded, antidumping duties shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). The Department will issue appropriate assessment instructions directly to CBP within 15 days of publication of this notice. Notification to Importers This notice serves as a final reminder to importers for whom this review is being rescinded, as of the publication date of this notice, of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of the antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification Regarding APOs This notice also serves as a reminder to parties subject to administrative protective orders (‘‘APO’’) 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 which is subject to sanction. This notice is issued and published in accordance with section 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). Dated: July 24, 2006. Stephen J. Claeys, Deputy Assistant Secretaryfor Import Administration. [FR Doc. E6–12219 Filed 7–28–06; 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: July 31, 2006. SUMMARY: In June 2006, the Department of Commerce (‘‘the Department’’) AGENCY: E:\FR\FM\31JYN1.SGM 31JYN1 Federal Register / Vol. 71, No. 146 / Monday, July 31, 2006 / Notices sroberts on PROD1PC70 with NOTICES received 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 Anya Naschak, 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) 482–3207 or (202) 482– 6375, respectively. SUPPLEMENTARY INFORMATION: Background The Department received timely requests from Hangzhou Golden Harvest Health Industry Co., Ltd. (‘‘Golden Harvest’’), and Qingdao Aolan Trade Co., Ltd. (‘‘Qingdao Aolan’’) in accordance with section 751(a)(2)(B) of the Tariff Act of 1930, as amended (‘‘the Act’’) and 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. Golden Harvest and Qingdao Aolan identified themselves as producers and exporters of honey. As required by 19 CFR 351.214(b)(2)(i), and (iii)(A), Golden Harvest, and Qingdao Aolan 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 three companies have also certified that their export activities are not controlled by the government of the PRC, satisfying the requirements of 19 CFR 351.214(b)(2)(iii)(B). Pursuant to 19 CFR 351.214(b)(2)(iv), Golden Harvest and Qingdao Aolan 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 and analyzed Customs entry packages to confirm that the shipments of Golden Harvest and Qingdao Aolan had officially entered the United States via assignment of an entry date in the Customs database by U.S. Customs and Border Protection (‘‘CBP’’). In addition, the Department VerDate Aug<31>2005 17:34 Jul 28, 2006 Jkt 208001 confirmed the existence of Golden Harvest and Qingdao Aolan and their U.S. customers. We note that although Golden Harvest and Qingdao Aolan submitted documentation regarding the volume of their shipments, and the date of their first sale to an unaffiliated customer in the United States, CBP entry documents and our Customs database query show that Qingdao Aolan’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, Qingdao Aolan’s shipments 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 Act and 19 CFR 351.214(d)(1), and based on information on the record, we are initiating new shipper reviews for Golden Harvest and Qingdao Aolan. See Memorandum to the File through James C. Doyle, ‘‘New Shipper Review Initiation Checklist,’’ dated June 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. Pursuant to 19 CFR 351.214(g)(1)(i)(A), the POR for a new shipper review, initiated in the month immediately following the semi–annual anniversary month, will be the sixmonth period immediately preceding the semi–annual anniversary month. 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 reviews of Golden Harvest and Qingdao PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 43109 Aolan is December 1, 2005, through June 30, 2006. Pursuant to the Department’s regulations, in cases involving non– market economies, the Department requires 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. Accordingly, we will issue questionnaires to Golden Harvest and Qingdao Aolan, including a separate rates section. The review will proceed if the responses provide sufficient indication that Golden Harvest and Qingdao Aolan are not subject to either de jure or de facto government control with respect to their exports of honey. However, if Golden Harvest or Qingdao Aolan do not demonstrate their 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 as to 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 Golden Harvest and Qingdao Aolan. Specifically, since Golden Harvest and Qingdao Aolan 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 Golden Harvest and Qingdao Aolan, 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) of the Act, 19 CFR 351.214(d), and 19 CFR 351.221(c)(1)(i). Dated: July 20, 2006. Stephen J. Claeys, Deputy Assistant Secretaryfor Import Administration. [FR Doc. E6–12223 Filed 7–31–06; 8:45 am] BILLING CODE 3510–DS–S E:\FR\FM\31JYN1.SGM 31JYN1

Agencies

[Federal Register Volume 71, Number 146 (Monday, July 31, 2006)]
[Notices]
[Pages 43108-43109]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-12223]


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

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: July 31, 2006.
SUMMARY: In June 2006, the Department of Commerce (``the Department'')

[[Page 43109]]

received 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 Anya Naschak, 
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-
3207 or (202) 482-6375, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department received timely requests from Hangzhou Golden 
Harvest Health Industry Co., Ltd. (``Golden Harvest''), and Qingdao 
Aolan Trade Co., Ltd. (``Qingdao Aolan'') in accordance with section 
751(a)(2)(B) of the Tariff Act of 1930, as amended (``the Act'') and 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. Golden Harvest and Qingdao 
Aolan identified themselves as producers and exporters of honey. As 
required by 19 CFR 351.214(b)(2)(i), and (iii)(A), Golden Harvest, and 
Qingdao Aolan 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 three 
companies have also certified that their export activities are not 
controlled by the government of the PRC, satisfying the requirements of 
19 CFR 351.214(b)(2)(iii)(B). Pursuant to 19 CFR 351.214(b)(2)(iv), 
Golden Harvest and Qingdao Aolan 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 and analyzed 
Customs entry packages to confirm that the shipments of Golden Harvest 
and Qingdao Aolan had officially entered the United States via 
assignment of an entry date in the Customs database by U.S. Customs and 
Border Protection (``CBP''). In addition, the Department confirmed the 
existence of Golden Harvest and Qingdao Aolan and their U.S. customers. 
We note that although Golden Harvest and Qingdao Aolan submitted 
documentation regarding the volume of their shipments, and the date of 
their first sale to an unaffiliated customer in the United States, CBP 
entry documents and our Customs database query show that Qingdao 
Aolan'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, Qingdao Aolan's shipments 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 Act and 19 CFR 
351.214(d)(1), and based on information on the record, we are 
initiating new shipper reviews for Golden Harvest and Qingdao Aolan. 
See Memorandum to the File through James C. Doyle, ``New Shipper Review 
Initiation Checklist,'' dated June 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.
    Pursuant to 19 CFR 351.214(g)(1)(i)(A), the POR for a new shipper 
review, initiated in the month immediately following the semi-annual 
anniversary month, will be the six-month period immediately preceding 
the semi-annual anniversary month. 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 reviews of Golden 
Harvest and Qingdao Aolan is December 1, 2005, through June 30, 2006.
    Pursuant to the Department's regulations, in cases involving non-
market economies, the Department requires 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. Accordingly, 
we will issue questionnaires to Golden Harvest and Qingdao Aolan, 
including a separate rates section. The review will proceed if the 
responses provide sufficient indication that Golden Harvest and Qingdao 
Aolan are not subject to either de jure or de facto government control 
with respect to their exports of honey. However, if Golden Harvest or 
Qingdao Aolan do not demonstrate their 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 as 
to 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 Golden Harvest and Qingdao Aolan. 
Specifically, since Golden Harvest and Qingdao Aolan 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 Golden Harvest and Qingdao Aolan, 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) of 
the Act, 19 CFR 351.214(d), and 19 CFR 351.221(c)(1)(i).

    Dated: July 20, 2006.
Stephen J. Claeys,
Deputy Assistant Secretaryfor Import Administration.
[FR Doc. E6-12223 Filed 7-31-06; 8:45 am]
BILLING CODE 3510-DS-S