Honey From the People's Republic of China: Notice of Amended Final Results Pursuant to Final Court Decision, 19357-19358 [2010-8559]
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Federal Register / Vol. 75, No. 71 / Wednesday, April 14, 2010 / Notices
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[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 https://
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 https://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 https://
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
]]>Agencies
[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]
-----------------------------------------------------------------------
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
