Honey from the People's Republic of China: Rescission and Final Results of Antidumping Duty New Shipper Reviews, 58579-58581 [06-8486]
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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.
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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
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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 https://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.,
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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
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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.
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Appendix I
List of Issues
Company–Specific Issues
Wuhan Shino–Food-Related Issues
Comment 1: Rescission of Shino–Food
Comment 1a: Price & Quantity
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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,
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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
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]]>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]
-----------------------------------------------------------------------
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 https://
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
