Honey From the People's Republic of China: Notice of Amended Final Results Pursuant to Final Court Decision, 19357-19358 [2010-8559]

Download as PDF 19357 Federal Register / Vol. 75, No. 71 / Wednesday, April 14, 2010 / Notices Estimated Total Annual Burden Hours: 100. Estimated Total Annual Cost to Public: $31,680. 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 shall 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. Dated: April 9, 2010. Glenna Mickelsson, Management Analyst, Office of the Chief Information Officer. [FR Doc. 2010–8516 Filed 4–13–10; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–863] srobinson on DSKHWCL6B1PROD with NOTICES Honey From the People’s Republic of China: Notice of Amended Final Results Pursuant to Final Court Decision AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On November 18, 2008, the Court of International Trade (‘‘CIT’’) affirmed the Department’s remand determination and entered judgment in Shanghai Eswell Enteprise Co., Ltd., Jinfu Trading Co., Ltd., and Zhejiang Native Produce and Animal By-Products Import & Export Group Corp. v. United States, Court 2008 Ct. Intl. Trade LEXIS 123 (November 18, 2008) (‘‘Shanghai Eswell II’’), which challenged certain aspects of the Department of Commerce’s (‘‘the Department’’) findings in Honey from the People’s Republic of China: Final Results and Final Rescission, In Part, of Antidumping Duty Administrative Review, 70 FR 38873 (July 6, 2005) (‘‘Final Results’’) VerDate Nov<24>2008 17:27 Apr 13, 2010 Jkt 220001 and the accompanying Issues and Decision Memorandum. Additionally, on appeal, on November 5, 2009, the Court of Appeals for the Federal Circuit (‘‘CAFC’’) affirmed the CIT’s ruling in Eswell II. See Shanghai Eswell Enterprise Co., Ltd., Jinfu Trading Co., Ltd., and Zhejiang Native Produce and Animal By-Products Import & Export Group Corp. v. United States, 2009 U.S. App. LEXIS 24374 (Fed. Cir. Nov. 5, 2009) (‘‘Shanghai Eswell III’’). As explained below, in accordance with the order contained in the CIT’s November 18, 2008 judgement, Shanghai Eswell II, the Department is amending the Final Results of the review to apply the recalculated surrogate financial ratios in the Department’s normal value calculation. DATES: Effective Date: April 14, 2010. FOR FURTHER INFORMATION CONTACT: Julia Hancock or Scot T. Fullerton, AD/CVD Operations, Office 9, Import Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Room 4003, Washington, DC 20230; telephone: (202) 482–1394 or (202) 482–1386, respectively. SUPPLEMENTARY INFORMATION: Background On July 6, 2005, the Department completed its Final Results of the second administrative review of honey from the People’s Republic of China (‘‘PRC’’). On September 13, 2007, the CIT remanded the following issues to the Department for further explanation consistent with its opinion and Order: (1) The surrogate value for raw honey and the evidence indicating a decline in honey prices; (2) the denial of a circumstance of sale adjustment for sales commissions; (3) the failure to include MHPC’s expenses for jars, corks and honey machines in the financial ratio calculation; and (4) the finding Jinfu PRC was unaffiliated with Jinfu USA. See Shanghai Eswell Enterprise, Co., Ltd., et al. v. United States, 31 C.I.T. 1570, (Ct. Int’l Trade 2007). Pursuant to the CIT’s remand instructions, the Department: (1) Addressed record evidence which indicated a decline in export prices during the second half of the POR and explained why we have refrained from considering these data in calculating a surrogate value for raw honey; (2) explained that there was insufficient evidence of an exact correlation between respondents’ and the surrogate producer’s expenses and continued to deny circumstances of sale adjustment for sales commissions; (3) revised our financial ratio calculations to include reported expenses for jars and corks as direct materials used for PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 producing finished honey and provided further explanation regarding our finding that honey machine purchases do not constitute direct expenses; and (4) examined the record evidence and continued to find that Jinfu PRC and Jinfu USA were not affiliated prior to October 25, 2003, because Jinfu PRC’s CEO did not exercise control over Jinfu USA prior to this date. On February 11, 2008, the Department filed its final results of redetermination pursuant to Eswell I with the CIT. See Final Results of Redetermination Pursuant to Court Remand: Shanghai Eswell Enterprise Co., Ltd. v. United States, Court No. 06–00430 (February 11, 2008) (‘‘Eswell I’’). As noted above, both the CIT and the Federal Circuit affirmed the agency’s remand determination. See Shanghai Eswell II, Shanghai Eswell III. Because the Department, in its remand determination, revised its financial ratio calculations to include expenses for jars and corks as direct materials used to produce finished honey, we must revise the surrogate financial ratios and margin calculations for Eswell Enterprise Co., Ltd., Jinfu and Zhejiang Native Produce and Animal By-Products Import & Export Group Corp. Amendment to the Final Determination Because there is now a final and conclusive court decision, effective as of the publication date of this notice, we are amending the Final Results and revising the weighted average dumping margins for the following companies: HONEY FROM THE PRC Manufacturer/exporter Shanghai Eswell Enterprise Co., Ltd ........................................... Jinfu Trading Co., Ltd ................. Zhejiang Native Produce and Animal By-Products Import & Export Group Corp .................. Weightedaverage margin (percent) 27.64 58.44 34.81 We have calculated: (1) Shanghai Eswell Enterprise Co., Ltd.’s (‘‘Shanghai Eswell’’) company-specific antidumping margin as 27.64 percent; (2) Jinfu Trading Co., Ltd.’s (‘‘Jinfu Trading’’) company-specific antidumping margin as 58.44 percent; and (3) Zhejiang Native Produce and Animal By-Products Import & Export Group Corp.’s (‘‘Zhejiang Native’’) company-specific antidumping margin as 34.81 percent. See the Memorandum to the File from Michael Quiqley, ‘‘Analysis Memorandum for the Final Results of the Redetermination of the E:\FR\FM\14APN1.SGM 14APN1 19358 Federal Register / Vol. 75, No. 71 / Wednesday, April 14, 2010 / Notices srobinson on DSKHWCL6B1PROD with NOTICES Redetermination of the Financial Ratios Remand for Antidumping Duty Administrative Review of Honey from the People’s Republic of China for Shanghai Eswell Enterprise Co., Ltd.,’’ dated February 11, 2008 (‘‘Eswell Final Analysis Memo’’); Memorandum to the File from Michael Quiqley, ‘‘Analysis Memorandum for the Final Results of the Redetermination of the Redetermination of the Financial Ratios Remand for Antidumping Duty Administrative Review of Honey from the People’s Republic of China for Jinfu Trading Co., Ltd.,’’ dated February 11, 2008 (‘‘Jinfu Trading Final Analysis Memo’’); the Memorandum to the File from Michael Quiqley, ‘‘Analysis Memorandum for the Final Results of the Redetermination of the Redetermination of the Financial Ratios Remand for Antidumping Duty Administrative Review of Honey from the People’s Republic of China for Zhejiang Native Produce and Animal By-Products Import & Export Group Corp.,’’ dated February 11, 2008 (‘‘Zhejiang Native Final Analysis Memo’’). There have been no other changes to this analysis, except for the revised financial ratio calculations to include expenses for jars and corks as direct materials used to producing finished honey, for these amended final results. In accordance with the Department’s practice of issuing importer-specific assessment rates, we will instruct the United States Customs and Border Protection (‘‘CBP’’) to apply the importer specific assessment rate for Shanghai Eswell’s, Jinfu Trading’s, and Zhejiang Native’s respective exports to the United States. See Eswell Final Analysis Memo at Attachment 3; Jinfu Trading Final Analysis Memo at Attachment 3; and Zhejiang Native Final Analysis Memo at Attachment 3. The Department will issue appropriate assessment instructions directly to CBP within 15 days of publication of the amended final results of this review. This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended. Dated: April 5, 2010. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. [FR Doc. 2010–8559 Filed 4–13–10; 8:45 am] BILLING CODE 3510–DS–P VerDate Nov<24>2008 17:27 Apr 13, 2010 Jkt 220001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [Docket No. 0907081109–0180–06] RIN 0648–ZC10 Table of Contents Availability of Grant Funds for FY 2010 National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC). ACTION: Notice of availability of grant funds for FY 2010. AGENCY: SUMMARY: NOAA publishes this notice to solicit proposals for grant funding for three NOAA Sea Grant Programs: (1) Sea Grant Aquaculture Research Program 2010; (2) NOAA Sea Grant Aquaculture Extension and Technology Transfer 2010; and (3) NOAA Sea Grant Aquatic Invasive Species 2010. This notice supplements the agency’s solicitation for applications published on January 19, 2010 entitled ‘‘Availability of Grant Funds for Fiscal Year 2010’’ (75 FR 3209). DATES: Proposals must be received by the date and time specified under each program listed in the SUPPLEMENTARY INFORMATION section of this document. ADDRESSES: Proposals must be submitted to the program address listed in the SUPPLEMENTARY INFORMATION section of this document. NOAA’s discretionary grant fund notices may be found on the Internet at Grants.gov. The URL for Grants.gov is http:// www.grants.gov. FOR FURTHER INFORMATION CONTACT: For those applicants without Internet access, you may request a copy of the full funding opportunity announcement and/or application kit from the person listed as the information contact under each program. SUPPLEMENTARY INFORMATION: Applicants must comply with all requirements contained in the Federal Funding Opportunity announcement for each of the programs listed in this notice. The Federal Funding Opportunity announcements are available at http://www.grants.gov. The list of grant opportunities under NOAA Project Competitions (below) describes the basic information and requirements for the competitive grant/ cooperative agreement programs offered by NOAA. These programs are open to anyone who meets the eligibility criteria specified under each entry. To be considered for an award under one of the described competitive grant/ cooperative agreement programs, eligible applicants must submit a PO 00000 Frm 00012 Fmt 4703 complete and responsive application to the appropriate address by the deadline specified in this notice. An award is made upon conclusion of the evaluation and selection process for the respective program. Sfmt 4703 I. Background II. NOAA Project Competitions—Oceanic and Atmospheric Research (OAR) 1. NOAA Sea Grant Aquaculture Research Program 2010 2. NOAA Sea Grant Aquaculture Extension and Technology Transfer 2010 3. NOAA Sea Grant Aquatic Invasive Species 2010 III. Relevant NOAA Mission Goal IV. Classification I. Background In this notice, NOAA announces that three programs are making funds available for financial assistance awards. Each entry for the following grant opportunities provides: A description of the program, funding availability, statutory authority, Catalog of Federal Domestic Assistance (CFDA) number, application deadline, address for submitting proposals, selection criteria, evaluation criteria, information contacts, eligibility requirements, cost sharing requirements, and intergovernmental review under Executive Order 12372. Interested applicants should consult the January 19, 2010 Federal Register Notice entitled ‘‘Availability of Grant Funds for Fiscal Year 2010’’ (75 FR 3209) for additional information about submitting an application to NOAA. II. NOAA Project Competitions Oceanic and Atmospheric Research (OAR) 1. NOAA Sea Grant Aquaculture Research Program 2010 Summary Description: NOAA Sea Grant will make available up to $6,000,000 for a national competition to fund aquaculture research projects for FY 2010 to FY 2011, as part of the overall plan to support the development of environmentally and economically sustainable ocean, coastal or Great Lakes aquaculture. The Federal Funding Opportunity (FFO) announcement for this competition is available on http:// grants.gov under FFO number NOAA– OAR–SG–2010–2002488. Funding Availability: Depending on FY 2011 Congressional appropriations and the quality of proposals, Sea Grant expects to have available up to $6,000,000 for aquaculture research projects for FY 2010 to FY 2011, with individual research projects funded at a total of $50,000 to $400,000 in federal E:\FR\FM\14APN1.SGM 14APN1

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[Federal Register Volume 75, Number 71 (Wednesday, April 14, 2010)]
[Notices]
[Pages 19357-19358]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-8559]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-863]


Honey From the People's Republic of China: Notice of Amended 
Final Results Pursuant to Final Court Decision

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On November 18, 2008, the Court of International Trade 
(``CIT'') affirmed the Department's remand determination and entered 
judgment in Shanghai Eswell Enteprise Co., Ltd., Jinfu Trading Co., 
Ltd., and Zhejiang Native Produce and Animal By-Products Import & 
Export Group Corp. v. United States, Court 2008 Ct. Intl. Trade LEXIS 
123 (November 18, 2008) (``Shanghai Eswell II''), which challenged 
certain aspects of the Department of Commerce's (``the Department'') 
findings in Honey from the People's Republic of China: Final Results 
and Final Rescission, In Part, of Antidumping Duty Administrative 
Review, 70 FR 38873 (July 6, 2005) (``Final Results'') and the 
accompanying Issues and Decision Memorandum. Additionally, on appeal, 
on November 5, 2009, the Court of Appeals for the Federal Circuit 
(``CAFC'') affirmed the CIT's ruling in Eswell II. See Shanghai Eswell 
Enterprise Co., Ltd., Jinfu Trading Co., Ltd., and Zhejiang Native 
Produce and Animal By-Products Import & Export Group Corp. v. United 
States, 2009 U.S. App. LEXIS 24374 (Fed. Cir. Nov. 5, 2009) (``Shanghai 
Eswell III''). As explained below, in accordance with the order 
contained in the CIT's November 18, 2008 judgement, Shanghai Eswell II, 
the Department is amending the Final Results of the review to apply the 
recalculated surrogate financial ratios in the Department's normal 
value calculation.

DATES: Effective Date: April 14, 2010.

FOR FURTHER INFORMATION CONTACT: Julia Hancock or Scot T. Fullerton, 
AD/CVD Operations, Office 9, Import Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW., Room 4003, 
Washington, DC 20230; telephone: (202) 482-1394 or (202) 482-1386, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On July 6, 2005, the Department completed its Final Results of the 
second administrative review of honey from the People's Republic of 
China (``PRC''). On September 13, 2007, the CIT remanded the following 
issues to the Department for further explanation consistent with its 
opinion and Order: (1) The surrogate value for raw honey and the 
evidence indicating a decline in honey prices; (2) the denial of a 
circumstance of sale adjustment for sales commissions; (3) the failure 
to include MHPC's expenses for jars, corks and honey machines in the 
financial ratio calculation; and (4) the finding Jinfu PRC was 
unaffiliated with Jinfu USA. See Shanghai Eswell Enterprise, Co., Ltd., 
et al. v. United States, 31 C.I.T. 1570, (Ct. Int'l Trade 2007). 
Pursuant to the CIT's remand instructions, the Department: (1) 
Addressed record evidence which indicated a decline in export prices 
during the second half of the POR and explained why we have refrained 
from considering these data in calculating a surrogate value for raw 
honey; (2) explained that there was insufficient evidence of an exact 
correlation between respondents' and the surrogate producer's expenses 
and continued to deny circumstances of sale adjustment for sales 
commissions; (3) revised our financial ratio calculations to include 
reported expenses for jars and corks as direct materials used for 
producing finished honey and provided further explanation regarding our 
finding that honey machine purchases do not constitute direct expenses; 
and (4) examined the record evidence and continued to find that Jinfu 
PRC and Jinfu USA were not affiliated prior to October 25, 2003, 
because Jinfu PRC's CEO did not exercise control over Jinfu USA prior 
to this date.
    On February 11, 2008, the Department filed its final results of 
redetermination pursuant to Eswell I with the CIT. See Final Results of 
Redetermination Pursuant to Court Remand: Shanghai Eswell Enterprise 
Co., Ltd. v. United States, Court No. 06-00430 (February 11, 2008) 
(``Eswell I''). As noted above, both the CIT and the Federal Circuit 
affirmed the agency's remand determination. See Shanghai Eswell II, 
Shanghai Eswell III. Because the Department, in its remand 
determination, revised its financial ratio calculations to include 
expenses for jars and corks as direct materials used to produce 
finished honey, we must revise the surrogate financial ratios and 
margin calculations for Eswell Enterprise Co., Ltd., Jinfu and Zhejiang 
Native Produce and Animal By-Products Import & Export Group Corp.

Amendment to the Final Determination

    Because there is now a final and conclusive court decision, 
effective as of the publication date of this notice, we are amending 
the Final Results and revising the weighted average dumping margins for 
the following companies:

                           Honey from the PRC
------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Manufacturer/exporter                       margin
                                                               (percent)
------------------------------------------------------------------------
Shanghai Eswell Enterprise Co., Ltd.........................       27.64
Jinfu Trading Co., Ltd......................................       58.44
Zhejiang Native Produce and Animal By-Products Import &            34.81
 Export Group Corp..........................................
------------------------------------------------------------------------

We have calculated: (1) Shanghai Eswell Enterprise Co., Ltd.'s 
(``Shanghai Eswell'') company-specific antidumping margin as 27.64 
percent; (2) Jinfu Trading Co., Ltd.'s (``Jinfu Trading'') company-
specific antidumping margin as 58.44 percent; and (3) Zhejiang Native 
Produce and Animal By-Products Import & Export Group Corp.'s 
(``Zhejiang Native'') company-specific antidumping margin as 34.81 
percent. See the Memorandum to the File from Michael Quiqley, 
``Analysis Memorandum for the Final Results of the Redetermination of 
the

[[Page 19358]]

Redetermination of the Financial Ratios Remand for Antidumping Duty 
Administrative Review of Honey from the People's Republic of China for 
Shanghai Eswell Enterprise Co., Ltd.,'' dated February 11, 2008 
(``Eswell Final Analysis Memo''); Memorandum to the File from Michael 
Quiqley, ``Analysis Memorandum for the Final Results of the 
Redetermination of the Redetermination of the Financial Ratios Remand 
for Antidumping Duty Administrative Review of Honey from the People's 
Republic of China for Jinfu Trading Co., Ltd.,'' dated February 11, 
2008 (``Jinfu Trading Final Analysis Memo''); the Memorandum to the 
File from Michael Quiqley, ``Analysis Memorandum for the Final Results 
of the Redetermination of the Redetermination of the Financial Ratios 
Remand for Antidumping Duty Administrative Review of Honey from the 
People's Republic of China for Zhejiang Native Produce and Animal By-
Products Import & Export Group Corp.,'' dated February 11, 2008 
(``Zhejiang Native Final Analysis Memo'').
    There have been no other changes to this analysis, except for the 
revised financial ratio calculations to include expenses for jars and 
corks as direct materials used to producing finished honey, for these 
amended final results. In accordance with the Department's practice of 
issuing importer-specific assessment rates, we will instruct the United 
States Customs and Border Protection (``CBP'') to apply the importer 
specific assessment rate for Shanghai Eswell's, Jinfu Trading's, and 
Zhejiang Native's respective exports to the United States. See Eswell 
Final Analysis Memo at Attachment 3; Jinfu Trading Final Analysis Memo 
at Attachment 3; and Zhejiang Native Final Analysis Memo at Attachment 
3. The Department will issue appropriate assessment instructions 
directly to CBP within 15 days of publication of the amended final 
results of this review.
    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended.

    Dated: April 5, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-8559 Filed 4-13-10; 8:45 am]
BILLING CODE 3510-DS-P