Honey from the People's Republic of China: Rescission and Final Results of Antidumping Duty New Shipper Reviews, 58579-58581 [06-8486]

Download as PDF Federal Register / Vol. 71, No. 192 / Wednesday, October 4, 2006 / Notices Written comments must be submitted on or before 5 p.m., December 4, 2006. ADDRESSES: Direct all written comments to Diana Hynek, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or e-mail dhynek@doc.gov). DATES: FOR FURTHER INFORMATION CONTACT: Obie G. Whichard, Chief, International Investment Division, (BE–50), Bureau of Economic Analysis, U.S. Department of Commerce, Washington, DC 20230; phone (202) 606–9890 (or e-mail obie.whichard@bea.gov). SUPPLEMENTARY INFORMATION: rwilkins on PROD1PC63 with NOTICES I. Abstract The Transactions of U.S. Affiliates, Except a U.S. Banking Affiliate, with Foreign Parent (Form BE–605) and Transactions of U.S. Banking Affiliate with Foreign Parent (Form BE–605 Bank) obtain quarterly sample data on transactions and positions between foreign-owned U.S. business enterprises and their ‘‘affiliated foreign groups’’ (i.e., their foreign parents and foreign affiliates of their foreign parents). The data collected are used in the preparation of the U.S. international transactions accounts, national income and product accounts, and input-output accounts. The data are needed to measure the amount of foreign direct investment in the United States, monitor changes in such investment, assess its impact on the U.S. and foreign economies and, based upon this assessment, make informed policy decisions regarding foreign direct investment in the United States. BEA proposes the following changes to the survey to reduce respondent burden: (1) Redesign Form BE–605 to incorporate all instructions into the form, placing them, for the most part, on the pages facing the items to be reported; convert the most complicated instructions into separate line item questions; and, to further clarify the reporting requirements, include illustrative diagrams adjacent to questions pertaining to the ownership structure of the U.S. business enterprise and its affiliated foreign groups. (2) Delete questions from Form BE–605 and BE–605 Bank requesting information on receipts and payments for services transactions between the U.S. business enterprise and its affiliated foreign groups. BEA will propose to include these questions on its surveys covering trade in services, beginning with the first quarter of calendar year 2007. VerDate Aug<31>2005 14:45 Oct 03, 2006 Jkt 211001 II. Method of Collection Forms BE–605 and BE–605 Bank are quarterly reports that must be filed within 30 days after the end of each quarter (45 days after the final quarter of the respondent’s fiscal year) by every U.S. business enterprise that is owned 10 percent or more by a foreign investor and that has total assets, sales or gross operating revenues, or net income (positive or negative) of over $30 million. Potential respondents are those U.S. business enterprises that were required to report in the BE–12, Benchmark Survey of Foreign Direct Investment in the United States—2002, along with those U.S. business enterprises that subsequently entered the direct investment universe. The data collected are sample data covering transactions and positions between foreign-owned U.S. business enterprises and their affiliated foreign groups. Universe estimates are developed from the reported sample data. III. Data OMB Number: 0608–0009. Form Number: BE–605/BE–605 Bank. Type of Review: Regular submission. Affected Public: Businesses or other for-profit organizations. Estimated Number of Respondents: 3,950 per quarter; 15,800 annually. Estimated Time Per Response: 1 hour. Estimated Total Annual Burden Hours: 15,800. Estimated Total Annual Cost: $632,000 (based on an estimated reporting burden of 15,800 hours and an estimated hourly cost of $40). IV. Request for Comments Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) the accuracy of the agency’s estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 58579 Dated: September 28, 2006. Madeleine Clayton, Management Analyst, Office of the Chief Information Officer. [FR Doc. E6–16327 Filed 10–3–06; 8:45 am] BILLING CODE 3510–06–P DEPARTMENT OF COMMERCE International Trade Administration A–570–863 Honey from the People’s Republic of China: Rescission and Final Results of Antidumping Duty New Shipper Reviews Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On June 7, 2006, the U.S. Department of Commerce (the Department) published preliminary results in the new shipper reviews of the antidumping order on honey from the People’s Republic of China (PRC). Honey from the People’s Republic of China: Intent to Rescind and Preliminary Results of Antidumping Duty New Shipper Reviews, 71 FR 32923 (June 7, 2006) (NSR7 Preliminary Results). These reviews cover two exporters, Shanghai Taiside Trading Co., Ltd. (Taiside) and Wuhan Shino– Food Trade Co., Ltd. (Shino–Food). The period of review (POR) is December 1, 2004, through May 31, 2005. While we have analyzed the record and comments from interested parties, we have made no changes to the preliminary results based on these comments. However, we have made a slight change to the calculation of Taiside’s margin based on the discovery of a clerical error. For these final results, therefore, we have determined that the new shipper review for Shino–Food should be rescinded because the sale made by Shino–Food was not bona fide. We have also determined that the sale made by Taiside is bona fide and that the sale has been made below normal value. EFFECTIVE DATE: October 4, 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: AGENCY: Background On June 7, 2006, the Department published the preliminary results of E:\FR\FM\04OCN1.SGM 04OCN1 58580 Federal Register / Vol. 71, No. 192 / Wednesday, October 4, 2006 / Notices these reviews. NSR7 Preliminary Results. Since the NSR7 Preliminary Results the following events have occurred: On June 22, 2006, we extended the time limit for submitting further information to value the factors of production until July 18, 2006. On July 12, 2006, we received a surrogate value submission from Taiside and Shino– Food. On July 18, 2006, we received a rebuttal surrogate value submission from the American Honey Producers Association and the Sioux Honey Association (collectively, petitioners). We invited parties to comment on the NSR7 Preliminary Results and received one case brief each from Shino–Food and Taiside, on August 4, 2006,1 and July 28, 2006, respectively. We received a rebuttal brief from petitioners on August 3, 2006. None of the parties requested a public hearing. On August 18, 2006, the Department implemented the temporary suspension of the new shipper bonding provision in these reviews, in accordance with the Pension Protection Act of 2006, Pub. L. No. 109– 280, § 1632, 120 Stat. 780 (2006), which was signed into law on August 17, 2006.2 The legislation suspended the ability of a U.S. importer to satisfy the antidumping duty deposit requirements by posting a bond or other security deposit in lieu of a cash deposit with U.S. Customs and Border Protection (CBP) during the period April 1, 2006, to June 30, 2009. On August 28, 2006, the Department extended the deadline for the final results to September 27, 2006. Honey from the People’s Republic of China: Notice of Extension of Time Limit for Final Results of 2004/2005 New Shipper Review, 71 FR 50885 (August 28, 2006). rwilkins on PROD1PC63 with NOTICES Scope of the Antidumping Duty Order The products covered by this order are natural honey, artificial honey containing more than 50 percent natural honey by weight, preparations of natural honey containing more than 50 percent natural honey by weight, and flavored honey. The subject merchandise includes all grades and colors of honey whether in liquid, creamed, comb, cut comb, or chunk form, and whether packaged for retail or in bulk form. The merchandise subject to this order is currently classifiable under 1 On July 28, 2006, we received a case brief from Shino-Food, which we subsequently rejected as containing new information. On August 4, 2006, Shino-Food re-filed its brief, per the Department’s instructions, without the new information. 2 On August 18, 2006, petitioners filed a letter requesting that the Department implement the new bonding provisions and suspend the bonding privileges for Taiside and Shino-Food in accordance with the Pension Protection Act. VerDate Aug<31>2005 14:45 Oct 03, 2006 Jkt 211001 subheadings 0409.00.00, 1702.90.90, and 2106.90.99 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, the Department’s written description of the merchandise under order is dispositive. Analysis of Comments Received All issues raised in the briefs are addressed in the ‘‘Memorandum to the Assistant Secretary: Issues and Decision Memorandum for the Final Results of the 2004–2005 New Shipper Reviews of Honey from the People’s Republic of China,’’ dated September 27, 2006 (Issues & 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 building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the Web at http://www.trade.gov/ia/ . The paper copy and electronic version of the Issues and Decision Memorandum are identical in content. New Shipper Status For these final results, no party contested the bona fides of Taiside’s sale, therefore we continue to find, as in the NSR7 Preliminary Results, that Taiside has met the requirements to qualify as a new shipper during the POR and that Taiside’s sale of honey to the United States is an appropriate transaction for a new shipper review. Regarding Shino–Food, as further discussed in the Issues & Decision Memorandum at Comments 1–1c, we are continuing to find that Shino–Food’s sale in question was not a bona fide sale and that Shino–Food did not meet the requirements to qualify for a new shipper review during the POR. See NSR7 Preliminary Results and ‘‘Rescission of New Shipper Review,’’ below. Rescission of New Shipper Review As discussed in the Issues & Decision Memorandum at Comments 1–1c, because the Department found Shino– Food’s single POR sale to be non–bona fide, it is not subject to review. Therefore, the Department is rescinding this review because Shino–Food had no reviewable sales during the POR. See Tianjin Tiancheng Pharmaceutical Co., PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 Ltd. v. United States, 366 F. Supp. 2d 1246, 1249 (CIT 2005) (‘‘{P}ursuant to the rulings of the Court, Commerce may exclude sales from the export price calculation where it finds that they are not bona fide’’). Changes since the NSR7 Preliminary Results We have not made any changes to the margin–specific calculations for Taiside based on comments received from interested parties. However, for these final results, instead of rounding Taiside’s gross unit price to two digits after the decimal point, as we did in the preliminary results, we used a more exact gross unit price from Taiside’s reported Section C database, which included four digits after the decimal point. This affected the margin calculation for Taiside. For a discussion of this change, please see ‘‘Memorandum to the File: Seventh Antidumping Duty New Shipper Review of the Antidumping Duty Order on Honey from the People’s Republic of China for Shanghai Taiside Trading Co., Ltd. (Taiside),’’ dated September 27, 2006 (Taiside Analysis Memo). Final Results of Review We determine that the following antidumping duty margin exists: Exporter Shanghai Taiside Trading Co., Ltd. .......................................... Margin (percent) 39.63% For details on the calculation of the antidumping duty weighted–average margin for Taiside, see Taiside Analysis Memo. A public version of this memorandum is on file in the CRU. Assessment Rates Pursuant to 19 CFR 351.212(b), the Department will determine, and 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 E:\FR\FM\04OCN1.SGM 04OCN1 Federal Register / Vol. 71, No. 192 / Wednesday, October 4, 2006 / Notices weight in kilograms of each entry of the subject merchandise during the POR. Cash Deposits The following cash–deposit requirement 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 the final results, as provided by section 751(a)(2)(C) of the Tariff Act of 1930, as amended (the Act). For subject merchandise produced and exported by Taiside, we will establish a per–kilogram cash deposit rate that is equivalent to the company–specific cash deposit established in this review. With respect to these reviews, the Department will also notify CBP that a cash deposit of 212.39 percent ad valorem should be collected for any entries produced/ exported by Shino–Food. 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. These new shipper reviews and this notice are published in accordance with sections 751(a)(2)(B) and 777(i)(1) of the Act. Dated: September 27, 2006. James C. Leonard, III Acting Assistant Secretary for Import Administration. rwilkins on PROD1PC63 with NOTICES Appendix I List of Issues Company–Specific Issues Wuhan Shino–Food-Related Issues Comment 1: Rescission of Shino–Food Comment 1a: Price & Quantity VerDate Aug<31>2005 14:45 Oct 03, 2006 Jkt 211001 Comment 1b: Payment of Freight and Antidumping Duty Expenses Comment 1c: Other Indicia of Non– Bona Fides Sale Shanghai Taiside–Related Issues Comment 2 Appropriate Surrogate Value for Bottles & Caps Comment 3 Appropriate Surrogate Value for Honey [FR Doc. 06–8486 Filed 10–3–06; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration A–580–839 Certain Polyester Staple Fiber from Korea: Final Results of Antidumping Duty Administrative Review and Partial Rescission of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On May 31, 2006, the Department of Commerce published the preliminary results of the administrative review of the antidumping duty order on certain polyester staple fiber from the Republic of Korea. We gave interested parties an opportunity to comment on the preliminary results. Based on our analysis of the comments received and an examination of our calculations, we have made certain changes for the final results. The final weighted–average dumping margin for Huvis Corporation is listed below in the ‘‘Final Results of the Review’’ section of this notice. EFFECTIVE DATE: October 4, 2006. FOR FURTHER INFORMATION CONTACT: Yasmin Bordas or Andrew McAllister, Office 1, AD/CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington DC 20230; telephone: (202) 482–3813 or (202) 482– 1174, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On May 31, 2006, the Department of Commerce (‘‘the Department’’) published Certain Polyester Staple Fiber from Korea: Preliminary Results of Antidumping Duty Administrative Review, Intent to Rescind, and Partial Rescission of Antidumping Duty Administrative Review, 71 FR 30867 (May 31, 2006) (‘‘Preliminary Results’’) in the Federal Register. We invited parties to comment on the Preliminary Results. On June 30, 2006, PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 58581 Arteva Specialties S.a.r.l.; d/b/a KoSa; and Wellman, Inc. (collectively, ‘‘the petitioners’’); and the respondent, Huvis Corporation (‘‘Huvis’’), filed case briefs. On July 7, 2006, the petitioners and Huvis filed rebuttal briefs. On July 26, 2006, consistent with 19 CFR 351.301(b)(2) and 19 CFR 351.104(a)(2)(ii)(A), we rejected the petitioners’ rebuttal brief because it contained untimely filed new information. On July 27, 2006, we received a revised rebuttal brief from the petitioners. Scope of the Order For the purposes of this order, the product covered is certain polyester staple fiber (‘‘PSF’’). PSF is defined as synthetic staple fibers, not carded, combed or otherwise processed for spinning, of polyesters measuring 3.3 decitex (3 denier, inclusive) or more in diameter. This merchandise is cut to lengths varying from one inch (25 mm) to five inches (127 mm). The merchandise subject to this order may be coated, usually with a silicon or other finish, or not coated. PSF is generally used as stuffing in sleeping bags, mattresses, ski jackets, comforters, cushions, pillows, and furniture. Merchandise of less than 3.3 decitex (less than 3 denier) currently classifiable under the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) at subheading 5503.20.00.25 is specifically excluded from this order. Also specifically excluded from this order are polyester staple fibers of 10 to 18 denier that are cut to lengths of 6 to 8 inches (fibers used in the manufacture of carpeting). In addition, low–melt PSF is excluded from this order. Low–melt PSF is defined as a bi–component fiber with an outer sheath that melts at a significantly lower temperature than its inner core. The merchandise subject to this order is currently classifiable in the HTSUS at subheadings 5503.20.00.45 and 5503.20.00.65. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise under the order is dispositive. Period of Review The period of review (‘‘POR’’) is May 1, 2004, through April 30, 2005. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties to this review are addressed in the September 28, 2006, Issues and Decision Memorandum for the Fifth Antidumping Duty Administrative Review of Certain Polyester Staple Fiber from the Republic E:\FR\FM\04OCN1.SGM 04OCN1

Agencies

[Federal Register Volume 71, Number 192 (Wednesday, October 4, 2006)]
[Notices]
[Pages 58579-58581]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-8486]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-570-863


Honey from the People's Republic of China: Rescission and Final 
Results of Antidumping Duty New Shipper Reviews

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On June 7, 2006, the U.S. Department of Commerce (the 
Department) published preliminary results in the new shipper reviews of 
the antidumping order on honey from the People's Republic of China 
(PRC). Honey from the People's Republic of China: Intent to Rescind and 
Preliminary Results of Antidumping Duty New Shipper Reviews, 71 FR 
32923 (June 7, 2006) (NSR7 Preliminary Results). These reviews cover 
two exporters, Shanghai Taiside Trading Co., Ltd. (Taiside) and Wuhan 
Shino-Food Trade Co., Ltd. (Shino-Food). The period of review (POR) is 
December 1, 2004, through May 31, 2005. While we have analyzed the 
record and comments from interested parties, we have made no changes to 
the preliminary results based on these comments. However, we have made 
a slight change to the calculation of Taiside's margin based on the 
discovery of a clerical error. For these final results, therefore, we 
have determined that the new shipper review for Shino-Food should be 
rescinded because the sale made by Shino-Food was not bona fide. We 
have also determined that the sale made by Taiside is bona fide and 
that the sale has been made below normal value.

EFFECTIVE DATE: October 4, 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

    On June 7, 2006, the Department published the preliminary results 
of

[[Page 58580]]

these reviews. NSR7 Preliminary Results. Since the NSR7 Preliminary 
Results the following events have occurred:
    On June 22, 2006, we extended the time limit for submitting further 
information to value the factors of production until July 18, 2006. On 
July 12, 2006, we received a surrogate value submission from Taiside 
and Shino-Food. On July 18, 2006, we received a rebuttal surrogate 
value submission from the American Honey Producers Association and the 
Sioux Honey Association (collectively, petitioners).
    We invited parties to comment on the NSR7 Preliminary Results and 
received one case brief each from Shino-Food and Taiside, on August 4, 
2006,\1\ and July 28, 2006, respectively. We received a rebuttal brief 
from petitioners on August 3, 2006. None of the parties requested a 
public hearing. On August 18, 2006, the Department implemented the 
temporary suspension of the new shipper bonding provision in these 
reviews, in accordance with the Pension Protection Act of 2006, Pub. L. 
No. 109-280, Sec.  1632, 120 Stat. 780 (2006), which was signed into 
law on August 17, 2006.\2\ The legislation suspended the ability of a 
U.S. importer to satisfy the antidumping duty deposit requirements by 
posting a bond or other security deposit in lieu of a cash deposit with 
U.S. Customs and Border Protection (CBP) during the period April 1, 
2006, to June 30, 2009.
---------------------------------------------------------------------------

    \1\ On July 28, 2006, we received a case brief from Shino-Food, 
which we subsequently rejected as containing new information. On 
August 4, 2006, Shino-Food re-filed its brief, per the Department's 
instructions, without the new information.
    \2\ On August 18, 2006, petitioners filed a letter requesting 
that the Department implement the new bonding provisions and suspend 
the bonding privileges for Taiside and Shino-Food in accordance with 
the Pension Protection Act.
---------------------------------------------------------------------------

    On August 28, 2006, the Department extended the deadline for the 
final results to September 27, 2006. Honey from the People's Republic 
of China: Notice of Extension of Time Limit for Final Results of 2004/
2005 New Shipper Review, 71 FR 50885 (August 28, 2006).

Scope of the Antidumping Duty Order

    The products covered by this order are natural honey, artificial 
honey containing more than 50 percent natural honey by weight, 
preparations of natural honey containing more than 50 percent natural 
honey by weight, and flavored honey. The subject merchandise includes 
all grades and colors of honey whether in liquid, creamed, comb, cut 
comb, or chunk form, and whether packaged for retail or in bulk form.
    The merchandise subject to this order is currently classifiable 
under subheadings 0409.00.00, 1702.90.90, and 2106.90.99 of the 
Harmonized Tariff Schedule of the United States (HTSUS). Although the 
HTSUS subheadings are provided for convenience and customs purposes, 
the Department's written description of the merchandise under order is 
dispositive.

Analysis of Comments Received

    All issues raised in the briefs are addressed in the ``Memorandum 
to the Assistant Secretary: Issues and Decision Memorandum for the 
Final Results of the 2004-2005 New Shipper Reviews of Honey from the 
People's Republic of China,'' dated September 27, 2006 (Issues & 
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 building. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly on the Web at http://
www.trade.gov/ia/. The paper copy and electronic version of the Issues 
and Decision Memorandum are identical in content.

New Shipper Status

    For these final results, no party contested the bona fides of 
Taiside's sale, therefore we continue to find, as in the NSR7 
Preliminary Results, that Taiside has met the requirements to qualify 
as a new shipper during the POR and that Taiside's sale of honey to the 
United States is an appropriate transaction for a new shipper review. 
Regarding Shino-Food, as further discussed in the Issues & Decision 
Memorandum at Comments 1-1c, we are continuing to find that Shino-
Food's sale in question was not a bona fide sale and that Shino-Food 
did not meet the requirements to qualify for a new shipper review 
during the POR. See NSR7 Preliminary Results and ``Rescission of New 
Shipper Review,'' below.

Rescission of New Shipper Review

    As discussed in the Issues & Decision Memorandum at Comments 1-1c, 
because the Department found Shino-Food's single POR sale to be non-
bona fide, it is not subject to review. Therefore, the Department is 
rescinding this review because Shino-Food had no reviewable sales 
during the POR. See Tianjin Tiancheng Pharmaceutical Co., Ltd. v. 
United States, 366 F. Supp. 2d 1246, 1249 (CIT 2005) 
(``{P{time} ursuant to the rulings of the Court, Commerce may exclude 
sales from the export price calculation where it finds that they are 
not bona fide'').

Changes since the NSR7 Preliminary Results

    We have not made any changes to the margin-specific calculations 
for Taiside based on comments received from interested parties. 
However, for these final results, instead of rounding Taiside's gross 
unit price to two digits after the decimal point, as we did in the 
preliminary results, we used a more exact gross unit price from 
Taiside's reported Section C database, which included four digits after 
the decimal point. This affected the margin calculation for Taiside. 
For a discussion of this change, please see ``Memorandum to the File: 
Seventh Antidumping Duty New Shipper Review of the Antidumping Duty 
Order on Honey from the People's Republic of China for Shanghai Taiside 
Trading Co., Ltd. (Taiside),'' dated September 27, 2006 (Taiside 
Analysis Memo).

Final Results of Review

    We determine that the following antidumping duty margin exists:

------------------------------------------------------------------------
                                                                Margin
                          Exporter                             (percent)
------------------------------------------------------------------------
Shanghai Taiside Trading Co., Ltd...........................  39.63[perc
                                                                     nt]
------------------------------------------------------------------------

    For details on the calculation of the antidumping duty weighted-
average margin for Taiside, see Taiside Analysis Memo. A public version 
of this memorandum is on file in the CRU.

Assessment Rates

    Pursuant to 19 CFR 351.212(b), the Department will determine, and 
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

[[Page 58581]]

weight in kilograms of each entry of the subject merchandise during the 
POR.

Cash Deposits

    The following cash-deposit requirement 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 the final results, as provided by section 
751(a)(2)(C) of the Tariff Act of 1930, as amended (the Act). For 
subject merchandise produced and exported by Taiside, we will establish 
a per-kilogram cash deposit rate that is equivalent to the company-
specific cash deposit established in this review. With respect to these 
reviews, the Department will also notify CBP that a cash deposit of 
212.39 percent ad valorem should be collected for any entries produced/
exported by Shino-Food. 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.
    These new shipper reviews and this notice are published in 
accordance with sections 751(a)(2)(B) and 777(i)(1) of the Act.

    Dated: September 27, 2006.
James C. Leonard, III
Acting Assistant Secretary for Import Administration.

Appendix I

List of Issues

Company-Specific Issues

Wuhan Shino-Food-Related Issues
Comment 1: Rescission of Shino-Food
Comment 1a: Price & Quantity
Comment 1b: Payment of Freight and Antidumping Duty Expenses
Comment 1c: Other Indicia of Non-Bona Fides Sale
Shanghai Taiside-Related Issues
Comment 2 Appropriate Surrogate Value for Bottles & Caps
Comment 3 Appropriate Surrogate Value for Honey
[FR Doc. 06-8486 Filed 10-3-06; 8:45 am]
BILLING CODE 3510-DS-S