Honey from the People's Republic of China: Final Results of Antidumping Duty New Shipper Review, 67702-67703 [E7-23287]
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67702
Federal Register / Vol. 72, No. 230 / Friday, November 30, 2007 / Notices
the Department received a case brief on
behalf of Shanghai Bloom. On August 8,
2007, the Department received a rebuttal
brief on behalf of petitioners, the
American Honey Producers Association
and the Sioux Honey Association.
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–863]
Honey from the People’s Republic of
China: Final Results of Antidumping
Duty New Shipper Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On July 3, 2007, the
Department of Commerce (‘‘the
Department’’) published the preliminary
results of its new shipper review of the
antidumping duty order on honey from
the People’s Republic of China (‘‘PRC’’)
for the period December 1, 2005,
through June 30, 2006. See Honey from
the People’s Republic of China:
Preliminary Results of Antidumping
Duty New Shipper Review, 72 FR 36422
(July 3, 2007) (‘‘Preliminary Results’’).
Based on our analysis of the record,
including information obtained since
the preliminary results, we continue to
apply adverse facts available (‘‘AFA’’)
with respect to Shanghai Bloom
International Trading Co., Ltd.
(‘‘Shanghai Bloom’’), which failed to
cooperate to the best of its ability,
provided unverifiable information, and
impeded the proceeding. See Adverse
Facts Available section, below.
EFFECTIVE DATE: November 30, 2007.
FOR FURTHER INFORMATION CONTACT: Erin
Begnal or Michael Quigley, 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) 482–1442 or (202) 482–
4047, respectively.
AGENCY:
rwilkins on PROD1PC63 with NOTICES
Background
On July 3, 2007, the Department of
Commerce (‘‘Department’’) published
the preliminary results of the new
shipper review of the antidumping duty
order on honey from the People’s
Republic of China for the period
December 1, 2005, through June 30,
2006. See Preliminary Results. On
September 25, 2007, the Department
extended the final results by thirty days.
See Notice of Extension of the Final
Results of Antidumping Duty New
Shipper Review: Honey From the
People’s Republic of China, 72 FR 54436
(September 25, 2007). On October 31,
2007, the Department fully extended the
final results. See Notice of Extension of
the Final Results of Antidumping Duty
New Shipper Review: Honey from the
People’s Republic of China, 72 FR 61622
(October 31, 2007). On August 2, 2007,
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16:27 Nov 29, 2007
Jkt 214001
Scope of 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
In the case and rebuttal briefs
received from the parties after the
Preliminary Results, we received
comments on issues related to the
Department’s preliminary application of
AFA to Shanghai Bloom including the
factors of production and completeness.
All issues raised in the case briefs are
addressed in the 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 on file in the
Central Records Unit (‘‘CRU’’), room B–
099 of the Herbert C. Hoover 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.
Separate Rates
In our preliminary results, we found
that Shanghai Bloom had met the
criteria for the application of a separate
antidumping duty rate. See Preliminary
Results. We have not received any
information since the Preliminary
Results with respect to Shanghai Bloom
which would warrant reconsideration of
our separate-rates determination with
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Frm 00007
Fmt 4703
Sfmt 4703
respect to this company. Therefore, for
these final results, we determine that
Shanghai Bloom has met the criteria for
the application of a separate rate.
Changes Since the Preliminary Results
Based on the comments received from
the interested parties, we have made no
changes to the preliminary results. For
the final results, we have adopted our
positions in the preliminary results. We
continue to find that the application of
total adverse facts available is warranted
for Shanghai Bloom pursuant to sections
776(a)(2)(A), (C), and (D) and 776(b) of
the Tariff Act of 1930, as amended (‘‘the
Act’’). For a discussion, see the Issues
and Decision Memorandum at
Comments 1.
Final Results of Review
We determine that the following
margin exists during the period
December 1, 2005, through June 30,
2006:1
HONEY FROM THE PRC
Manufacturer/Exporter
Linxiang Jindeya Beekeeping
Co., Ltd./ Shanghai Bloom
International Trading Co., Ltd.
WeightedAverage
Margin
(Percent)
221.02
Assessment of Antidumping Duties
The Department will determine, and
CBP shall assess, antidumping duties on
all appropriate entries. The Department
intends to issue assessment instructions
to CBP 15 days after the date of
publication of these final results of
review. We will instruct CBP to assess
antidumping duties on all appropriate
entries covered by this review.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
new shipper review for all shipments of
the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided for by section
751(a)(2)(C) of the Act: (1) for subject
merchandise exported by Shanghai
Bloom, the cash-deposit rate will be
equal to 221.02 percent; (2) for
previously investigated or reviewed PRC
and non-PRC exporters not listed above
1 For these final results, the AFA margin we are
using is 221.02, which is the highest rate
established in Honey from the People’s Republic of
China: Final Results and Final Rescission, In Part,
of Antidumping Duty Administrative Review, 72 FR
37715 (July 11, 2007), published subsequent to the
preliminary results of this new shipper review.
E:\FR\FM\30NON1.SGM
30NON1
Federal Register / Vol. 72, No. 230 / Friday, November 30, 2007 / Notices
that have separate rates, the cash
deposit rate will continue to be the
exporter-specific rate published for the
most recent period; (3) for all PRC
exporters of subject merchandise which
have not been found to be entitled to a
separate rate, the cash deposit rate will
be the PRC-wide rate of 221.02 percent;
and (4) for all non-PRC exporters of
subject merchandise which have not
received their own rate, the cash deposit
rate will be the rate applicable to the
PRC exporters that supplied that nonPRC exporter. These deposit
requirements, when imposed, shall
remain in effect until publication of the
final results of the next administrative
review.
Notification to Importers
This notice serves as a final reminder
to importers 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 antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
These reviews and notice are in
accordance with sections 751(a)(1),
751(a)(2) and 777(i)(1) of the Act and 19
CFR 351.221(b)(5).
Dated: November 23, 2007.
Stephen J. Claeys,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E7–23287 Filed 11–29–07; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–915]
Light–walled Rectangular Pipe and
Tube from the People’s Republic of
China: Preliminary Affirmative
Countervailing Duty Determination and
Alignment of Final Countervailing Duty
Determination with Final Antidumping
Duty Determination
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
preliminarily determines that
countervailable subsidies are being
provided to producers and exporters of
light–walled rectangular pipe and tube
from the People’s Republic of China. For
information on the estimated subsidy
rwilkins on PROD1PC63 with NOTICES
AGENCY:
VerDate Aug<31>2005
16:27 Nov 29, 2007
Jkt 214001
rates, see the ‘‘Suspension of
Liquidation’’ section of this notice.
EFFECTIVE DATE: November 30, 2007.
FOR FURTHER INFORMATION CONTACT:
Damian Felton or Shane Subler, AD/
CVD Operations, Office 1, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–0133 and (202)
482–0189, respectively.
SUPPLEMENTARY INFORMATION:
Case History
The following events have occurred
since the publication of the Department
of Commerce’s (the Department) notice
of initiation in the Federal Register. See
Notice of Initiation of Countervailing
Duty Investigation: Light–Walled
Rectangular Pipe and Tube from the
People’s Republic of China, 72 FR 40281
(July 24, 2007) (Initiation Notice).
On August 7, 2007, the Department
selected the two largest Chinese
producers/exporters of light–walled
rectangular pipe and tube (LWRP),
Qingdao Xiangxing Steel Pipe Co., Ltd.
(Qingdao) and Zhangjiagang Zhongyuan
Pipe–Making Co., Ltd. (ZZPC), as
mandatory respondents. See
Memorandum to Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration, ‘‘Respondent
Selection’’ (August 4, 2007). This
memorandum is on file in the
Department’s Central Records Unit in
Room B–099 of the main Department
building (CRU). On August 7, 2007, we
issued the countervailing duty (CVD)
questionnaire to the Government of the
People’s Republic of China (GOC),
Qingdao and ZZPC.
On August 22, 2007, the International
Trade Commission (ITC) issued its
affirmative preliminary determination
that there is a reasonable indication that
an industry in the United States is
materially injured by reason of allegedly
subsidized imports of LWRP from the
People’s Republic of China (PRC). See
Light–Walled Rectangular Pipe and
Tube from China, Korea, Mexico and
Turkey, Investigation Nos. 701–TA–449
and 731–TA–1118–1121, 72 FR 49310
(Preliminary) (August 28, 2007).
On August 24, 2007, we published a
postponement of the preliminary
determination of this investigation until
November 26, 2007. See Light–Walled
Rectangular Pipe and Tube from the
People’s Republic of China: Notice of
Postponement of Preliminary
Determination in the Countervailing
Duty Investigation, 72 FR 48618 (August
24, 2007).
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Fmt 4703
Sfmt 4703
67703
Petitioners1 filed a new subsidy
allegation on August 29, 2007. The GOC
submitted comments responding to
petitioners’ new subsidy allegation on
September 10, 2007. On September 20,
2007, the Department determined to
investigate aspects of the newly alleged
subsidy relating to currency retention.
See Memorandum to Susan Kuhbach,
Director, AD/CVD Operations, Office 1,
‘‘New Subsidy Allegation’’ (September
20, 2007). Questions regarding this
newly alleged subsidy were sent to the
GOC and the respondent companies on
September 20, 2007.
We received responses to our CVD
questionnaires from ZZPC, the GOC,
and a voluntary respondent, Kunshan
Lets Win Steel Machinery Co., Ltd.
(‘‘Lets Win’’) on September 27, 2007,
September 28, 2007, October 1, 2007,
October 2, 2007, and October 3, 2007.
Qingdao, however, did not respond to
the Department’s CVD questionnaire.
The petitioners filed comments on the
responses from ZZPC and Lets Win on
October 9, 2007, and comments on the
GOC’s responses on October 17, 2007.
On October 15, 2007, the Department
accepted Lets Win as a voluntary
respondent to the proceeding pursuant
to 19 CFR 351.204(d). See Memorandum
to Stephen J. Claeys, Deputy Assistant
Secretary for Import Administration,
‘‘Voluntary Respondent Selection’’
(October 15, 2007). Then, on October 24,
2007, the Department issued a letter
giving Qingdao a final opportunity to
respond to the CVD questionnaire
issued on August 7, 2007. We never
received a CVD questionnaire response
from Qingdao. We address the use of
facts otherwise available for Qindago
below.
We issued supplemental
questionnaires as follows: the GOC on
October 16, 2007, October 24, 2007, and
November 19, 2007; Lets Win on
October 17, 2007; and ZZPC on October
17 and October 18, 2007. We received
responses to these supplemental
questionnaires as follows: the GOC on
October 23, 2007, November 7, 2007 and
November 21, 2007; ZZPC on November
5, 2007, and November 14, 2007; and
Lets Win on October 31, 2007. We
received a corrected response from
ZZPC on November 23, 2007, but are
not considering this submission for the
purposes of this preliminary
determination. This submission came
three days before the preliminary
1 Allied Tube & Conduit; Atlas Tube; Bull Moose
Tube Company; California Steel and Tube;
EXLTUBE; Hannibal Industries; Levitt Tube
Company LLC, Maruichi American Corporation;
Searing Industries; Southland Tube; Vest Inc.;
Welded Tube; and Western Tube and Conduit
(collectively, petitioners).
E:\FR\FM\30NON1.SGM
30NON1
]]>Agencies
[Federal Register Volume 72, Number 230 (Friday, November 30, 2007)]
[Notices]
[Pages 67702-67703]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-23287]
[[Page 67702]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-863]
Honey from the People's Republic of China: Final Results of
Antidumping Duty New Shipper Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On July 3, 2007, the Department of Commerce (``the
Department'') published the preliminary results of its new shipper
review of the antidumping duty order on honey from the People's
Republic of China (``PRC'') for the period December 1, 2005, through
June 30, 2006. See Honey from the People's Republic of China:
Preliminary Results of Antidumping Duty New Shipper Review, 72 FR 36422
(July 3, 2007) (``Preliminary Results''). Based on our analysis of the
record, including information obtained since the preliminary results,
we continue to apply adverse facts available (``AFA'') with respect to
Shanghai Bloom International Trading Co., Ltd. (``Shanghai Bloom''),
which failed to cooperate to the best of its ability, provided
unverifiable information, and impeded the proceeding. See Adverse Facts
Available section, below.
EFFECTIVE DATE: November 30, 2007.
FOR FURTHER INFORMATION CONTACT: Erin Begnal or Michael Quigley, 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-
1442 or (202) 482-4047, respectively.
Background
On July 3, 2007, the Department of Commerce (``Department'')
published the preliminary results of the new shipper review of the
antidumping duty order on honey from the People's Republic of China for
the period December 1, 2005, through June 30, 2006. See Preliminary
Results. On September 25, 2007, the Department extended the final
results by thirty days. See Notice of Extension of the Final Results of
Antidumping Duty New Shipper Review: Honey From the People's Republic
of China, 72 FR 54436 (September 25, 2007). On October 31, 2007, the
Department fully extended the final results. See Notice of Extension of
the Final Results of Antidumping Duty New Shipper Review: Honey from
the People's Republic of China, 72 FR 61622 (October 31, 2007). On
August 2, 2007, the Department received a case brief on behalf of
Shanghai Bloom. On August 8, 2007, the Department received a rebuttal
brief on behalf of petitioners, the American Honey Producers
Association and the Sioux Honey Association.
Scope of 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
In the case and rebuttal briefs received from the parties after the
Preliminary Results, we received comments on issues related to the
Department's preliminary application of AFA to Shanghai Bloom including
the factors of production and completeness. All issues raised in the
case briefs are addressed in the 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 on file in the Central Records Unit (``CRU''),
room B-099 of the Herbert C. Hoover 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.
Separate Rates
In our preliminary results, we found that Shanghai Bloom had met
the criteria for the application of a separate antidumping duty rate.
See Preliminary Results. We have not received any information since the
Preliminary Results with respect to Shanghai Bloom which would warrant
reconsideration of our separate-rates determination with respect to
this company. Therefore, for these final results, we determine that
Shanghai Bloom has met the criteria for the application of a separate
rate.
Changes Since the Preliminary Results
Based on the comments received from the interested parties, we have
made no changes to the preliminary results. For the final results, we
have adopted our positions in the preliminary results. We continue to
find that the application of total adverse facts available is warranted
for Shanghai Bloom pursuant to sections 776(a)(2)(A), (C), and (D) and
776(b) of the Tariff Act of 1930, as amended (``the Act''). For a
discussion, see the Issues and Decision Memorandum at Comments 1.
Final Results of Review
We determine that the following margin exists during the period
December 1, 2005, through June 30, 2006:\1\
---------------------------------------------------------------------------
\1\ For these final results, the AFA margin we are using is
221.02, which is the highest rate established in Honey from the
People's Republic of China: Final Results and Final Rescission, In
Part, of Antidumping Duty Administrative Review, 72 FR 37715 (July
11, 2007), published subsequent to the preliminary results of this
new shipper review.
Honey From the PRC
------------------------------------------------------------------------
Weighted-
Average
Manufacturer/Exporter Margin
(Percent)
------------------------------------------------------------------------
Linxiang Jindeya Beekeeping Co., Ltd./ Shanghai Bloom 221.02
International Trading Co., Ltd.............................
------------------------------------------------------------------------
Assessment of Antidumping Duties
The Department will determine, and CBP shall assess, antidumping
duties on all appropriate entries. The Department intends to issue
assessment instructions to CBP 15 days after the date of publication of
these final results of review. We will instruct CBP to assess
antidumping duties on all appropriate entries covered by this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this new shipper review for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) for subject
merchandise exported by Shanghai Bloom, the cash-deposit rate will be
equal to 221.02 percent; (2) for previously investigated or reviewed
PRC and non-PRC exporters not listed above
[[Page 67703]]
that have separate rates, the cash deposit rate will continue to be the
exporter-specific rate published for the most recent period; (3) for
all PRC exporters of subject merchandise which have not been found to
be entitled to a separate rate, the cash deposit rate will be the PRC-
wide rate of 221.02 percent; and (4) for all non-PRC exporters of
subject merchandise which have not received their own rate, the cash
deposit rate will be the rate applicable to the PRC exporters that
supplied that non-PRC exporter. These deposit requirements, when
imposed, shall remain in effect until publication of the final results
of the next administrative review.
Notification to Importers
This notice serves as a final reminder to importers 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 antidumping duties occurred and the subsequent
assessment of double antidumping duties.
These reviews and notice are in accordance with sections 751(a)(1),
751(a)(2) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Dated: November 23, 2007.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
[FR Doc. E7-23287 Filed 11-29-07; 8:45 am]
BILLING CODE 3510-DS-S
