Administrative Review of Honey from the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Rescission of Review, In Part, 24880-24883 [2010-10685]
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24880
Federal Register / Vol. 75, No. 87 / Thursday, May 6, 2010 / Notices
FOR FURTHER INFORMATION CONTACT: Dale
Olson, Designated Federal Official, at
(208) 347–0322 or e-mail
dolson07@fs.fed.us.
DEPARTMENT OF COMMERCE
Dated: April 27, 2010.
Suzanne C. Rainville,
Forest Supervisor, Payette National Forest.
The Department of Commerce will
submit to the Office of Management and
Budget (OMB) for clearance the
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
Agency: U.S. Census Bureau.
Title: U.S. Census Age Search.
OMB Control Number: 0607–0117.
Form Number(s): BC–600, BC–
600(SP), BC–649(L), BC–658(L).
Type of Request: Extension of a
currently approved collection.
Burden Hours: 629.
Number of Respondents: 2,642.
Average Hours Per Response: Ten and
a half minutes.
Needs and Uses: The age and
citizenship searching service is a selfsupporting operation of the U.S. Census
Bureau. Expenses incurred in providing
census transcripts are covered by the
fees paid by individuals requesting a
search of the census records. The
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of personal data from historical
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contained in the records except upon
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legal representative.
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households.
Frequency: On occasion.
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obtain or retain benefits.
Legal Authority: Title 13 U.S.C.
Section 8a.
OMB Desk Officer: Brian HarrisKojetin, (202) 395–7314.
Copies of the above information
collection proposal can be obtained by
calling or writing Diana Hynek,
Departmental Paperwork Clearance
Officer, (202) 482–0266, Department of
Commerce, Room 6625, 14th and
Constitution Avenue, NW., Washington,
DC 20230 (or via the Internet at
dhynek@doc.gov).
Written comments and
recommendations for the proposed
[FR Doc. 2010–10379 Filed 5–5–10; 8:45 am]
BILLING CODE 3410–11–M
COMMISSION ON CIVIL RIGHTS
Sunshine Act Notice
United States Commission on
Civil Rights.
ACTION: Notice of meeting.
AGENCY:
DATE AND TIME: Friday, May 14, 2010; 11
a.m. EDT.
PLACE: 624 9th St., NW., Room 540,
Washington, DC 20425.
Meeting Agenda
This meeting is open to the public,
except where noted otherwise.
I. Approval of Agenda
II. Announcements
III. Program Planning
• Approval of Briefing Report on
Health Care Disparities
• Approval of Findings &
Recommendations on Educational
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closed session.
IV. State Advisory Committee Issues
• Colorado SAC
• Ohio SAC
• South Carolina SAC
• Consideration of Additional
Nominee to the New Jersey SAC
V. Staff Director’s Report
VI. Adjourn
mstockstill on DSKH9S0YB1PROD with NOTICES
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INFORMATION: Lenore Ostrowsky,
Acting
Chief, Public Affairs Unit (202) 376–
8591. TDD: (202) 376–8116.
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special services, such as an interpreter
for the hearing impaired, should contact
Pamela Dunston at least seven days
prior to the meeting at 202–376–8105.
TDD: (202) 376–8116.
Dated: May 4, 2010.
David Blackwood,
General Counsel.
[FR Doc. 2010–10891 Filed 5–4–10; 4:15 pm]
BILLING CODE 6335–01–P
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Submission for OMB Review;
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information collection should be sent
within 30 days of publication of this
notice to Brian Harris-Kojetin, OMB
Desk Officer either by fax (202–395–
7245) or e-mail (bharrisk@omb.eop.gov).
Dated: April 30, 2010.
Glenna Mickelson,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. 2010–10609 Filed 5–5–10; 8:45 am]
BILLING CODE 3510–07–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–863]
Administrative Review of Honey from
the People’s Republic of China: Final
Results of Antidumping Duty
Administrative Review and Rescission
of Review, In Part
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On December 23, 2009, the
Department of Commerce
(‘‘Department’’) published in the Federal
Register the preliminary results of the
seventh administrative review, covering
the period December 1, 2007, through
November 30, 2008, of the antidumping
duty order on honey from the People’s
Republic of China (‘‘PRC’’).1 We gave
interested parties an opportunity to
comment on the Preliminary Results.
After reviewing interested parties’
comments, we made no changes for the
final results of review. The final
antidumping duty margins for this
review are listed in the ‘‘Final Results of
Review’’ section below.
DATES: Effective Date: May 6, 2010.
FOR FURTHER INFORMATION CONTACT:
Katie Marksberry or Josh Startup, 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) 482–7906 or (202) 482–
5260, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 2, 2009, the Department
initiated this review with respect to
thirty–eight companies upon which an
administrative review was requested.2
1 See Seventh Administrative Review of Honey
from the People’s Republic of China: Preliminary
Results of Antidumping Duty Administrative
Review and Intent to Rescind, In Part, 74 FR 68249
(December 23, 2009) (‘‘Preliminary Results’’).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
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Federal Register / Vol. 75, No. 87 / Thursday, May 6, 2010 / Notices
Subsequently, pursuant to section
351.213(d)(1) of the Department’s
regulations, the Department rescinded
the administrative review with respect
to thirty–three companies, based upon
Petitioners’3 timely withdrawal of
review requests.4 Thus, five companies
remain subject to this review.
As noted above, on December 23,
2009, the Department published the
Preliminary Results of this
administrative review. In the
Preliminary Results Federal Register
notice, we set the deadline for interested
parties to submit case briefs and rebuttal
briefs to January 22, 2010, and January
29, 2010, respectively. On January 26,
2010, we extended the deadline for
parties to submit rebuttal briefs to
February 3, 2010. On January 21, 2010,
Dongtai Peak Honey Industry Co., Ltd.
(‘‘Dongtai Peak’’) filed a case brief. On
February 4, 2010, the Petitioners filed a
rebuttal brief. On February 17, 2010, the
Department sent Dongtai Peak a letter
requiring it to remove new factual
information from its brief, pursuant to
section 351.301(b)(2) of the
Department’s regulations. Subsequently,
Dongtai Peak resubmitted its case brief
on February 24, 2010. On March 30,
2010, the Department sent Dongtai Peak
another letter, rejecting Dongtai Peak’s
resubmitted case brief which continued
to contain new information. On April 2,
2010, Dongtai Peak resubmitted its case
brief. The Department did not hold a
public hearing pursuant to 19 CFR
351.310(d), as there were no hearing
requests made by interested parties.
As explained in the memorandum
from the Deputy Assistant Secretary for
Import Administration, the Department
has exercised its discretion to toll
deadlines for the duration of the closure
of the Federal Government from
February 5, through February 12, 2010.5
Thus, all deadlines in this segment of
the proceeding were extended by seven
days, and the revised deadline for the
final results of this review became April
29, 2010.
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Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to these
Request for Revocation in Part, 74 FR 5821
(February 2, 2009) (‘‘Initiation Notice’’).
3 The petitioners are the members of the
American Honey Producers Association and the
Sioux Honey Association (hereinafter referred to as
‘‘Petitioners’’).
4 See Honey from the People’s Republic of China:
Partial Rescission of the Seventh Antidumping
Administrative Review, 74 FR 11087 (March 16,
2009).
5 See Memorandum to the Record regarding
‘‘Tolling of Administrative Deadlines As a Result of
the Government Closure During the Recent
Snowstorm,’’ dated February 12, 2010.
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reviews are addressed in the
‘‘Administrative Review of Honey from
the People’s Republic of China: Issue
and Decision Memorandum for the
Final Results,’’ (‘‘Issues and Decision
Memorandum’’) which is dated
concurrently with this notice, and
which is hereby adopted by this notice.
A list of the issues which parties raised
and to which we respond in the Issues
and Decision Memorandum is attached
to this notice as an Appendix. The
Issues and Decision Memorandum is a
public document and is on file in the
Central Records Unit (‘‘CRU’’), Main
Commerce Building, Room 1117, and is
accessible on the Department’s website
at https://www.trade.gov/ia. The paper
copy and electronic version of the
memorandum are identical in content.
Scope of the 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.
Final Partial Rescission of
Administrative Review
In the Preliminary Results, the
Department preliminarily rescinded the
administrative review of Dongtai Peak,
whose POR sales the Department found
to be non–bona fide. See Preliminary
Result; see also Memorandum to James
C. Doyle, Director, Office 9; through
Catherine Bertrand, Program Manager;
from Blaine Wiltse, International Trade
Compliance Analyst; regarding
Antidumping Duty Administrative
Review of Honey from the People’s
Republic of China: Bona fide Analysis of
the Sales Under Review for Dongtai
Peak Honey Industry Co., Ltd. (dated
December 16, 2009). The Department
received comments with respect to our
preliminary decision to rescind the
review. The Department continues to
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find the sales by Dongtai Peak to be
non–bona fide.6
Facts Available
For the reasons stated below, we are
applying adverse facts available (‘‘AFA’’)
to the PRC–wide entity which includes
Anhui Native Produce Import and
Export Corp. (‘‘Anhui Native’’). Section
776(a)(2) of the Act provides that if an
interested party: (A) withholds
information that has been requested by
the Department; (B) fails to provide such
information in a timely manner or in the
form or manner requested, subject to
subsections 782(c)(1) and (e) of the Act;
(C) significantly impedes a
determination under the antidumping
statute; or (D) provides such information
but the information cannot be verified,
the Department shall, subject to
subsection 782(d) of the Act, use facts
otherwise available in reaching the
applicable determination.
Furthermore, section 776(b) of the Act
provides that, if the Department finds
that an interested party ‘‘has failed to
cooperate by not acting to the best of its
ability to comply with a request for
information,’’ the Department may use
information that is adverse to the
interests of that party as facts otherwise
available. Adverse inferences are
appropriate ‘‘to ensure that the party
does not obtain a more favorable result
by failing to cooperate than if it had
cooperated fully.’’ See Statement of
Administrative Action (‘‘SAA’’)
accompanying the URAA, H.R. Doc. No.
316, 103d Cong., 2d Session at 870
(1994). An adverse inference may
include reliance on information derived
from the petition, the final
determination in the investigation, any
previous review, or any other
information placed on the record. See
section 776(b) of the Act.
In the Preliminary Results, the
Department determined that in
accordance with section 776(a)(2)(B) of
the Act and 782(c)(1) of the Act, the use
of facts available is appropriate for the
PRC–wide entity, which the Department
determined includes Anhui Native. As
discussed in the Preliminary Results,
Anhui Native was selected as a
mandatory respondent in the current
review but did not submit a response to
the antidumping duty questionnaires
issued by the Department on March 9,
2009. On April 15, 2009, Anhui Native
submitted a letter informing the
Department that it would not participate
in the current review. As Anhui Native
was selected as a mandatory respondent
but did not submit its response to the
6 See Issues and Decision Memorandum at
Comment 1.
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Federal Register / Vol. 75, No. 87 / Thursday, May 6, 2010 / Notices
questionnaire, Anhui Native did not
demonstrate its eligibility for a separate
rate and thus was determined to be part
of the PRC–wide entity for purposes of
this review. Because Anhui Native, as
part of the PRC–wide entity, failed to
respond to the Department’s requests for
information, the Department finds that
the PRC–wide entity did not cooperate
to the best of its ability, and its non–
responsiveness necessitates the use of
facts available, pursuant to sections
776(a)(2)(A), (B) and (C) of the Act.
Because the PRC–wide entity, now
including Anhui Native, withheld
requested information, failed to provide
information in a timely manner and in
the form requested, and significantly
impeded this proceeding, we continue
to find that the PRC–wide entity, failed
to cooperate to the best of its ability,
and, accordingly, find it appropriate to
apply to it a margin based on AFA.. The
Department’s determination is in
accordance with sections 776(a)(2)(A),
(B), (C) and 776(b) of the Act.7 As no
interested party commented on this
determination regarding Anhui Native
or the PRC–wide entity, we have made
no changes from our Preliminary Results
with respect to this issue.
Separate Rate Status
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In the Preliminary Results, the
Department noted that it was unable to
deliver the antidumping duty
questionnaire to Qinhuangdao
Municipal Dafeng Industrial Co., Ltd.
(‘‘QMD’’) after it was selected for
individual examination in this review.
Also, in the Preliminary Results, we
stated that because QMD did not submit
a separate rate certification or
application, as instructed in the
Initiation Notice, we found that QMD
did not demonstrate its eligibility for a
separate rate and thus is properly
considered part of the PRC–wide entity.
Consequently, as no interested party
commented on this issue, we are
continuing to find that QMD is not
eligible for a separate rate in this review
and will be considered part of the PRC–
Wide entity.
7 See e.g., Non–Malleable Cast Iron Pipe Fittings
from the People’s Republic of China: Final Results
of Antidumping Duty Administrative Review, 71 FR
69546 (December 1, 2006) and accompanying Issues
and Decision Memorandum at Comment 1. See also
Certain Frozen Warmwater Shrimp from the
Socialist Republic of Vietnam: Preliminary Results
of the First Administrative Review and New Shipper
Review, 72 FR 10689, 10692 (March 9, 2007)
(decision to apply total AFA to the NME–wide
entity) unchanged in Certain Frozen Warmwater
Shrimp From the Socialist Republic of Vietnam:
Final Results of the First Antidumping Duty
Administrative Review and First New Shipper
Review, 72 FR 52052 (September 12, 2007)
(‘‘Vietnam Shrimp AR1’’).
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In the Initiation Notice, we required
that all companies listed therein
wishing to qualify for separate rate
status in this administrative review to
submit, as appropriate, either a separate
rate application or certification.8 As
noted above, the Department initiated
this administrative review with respect
to thirty–eight companies, and
rescinded the review on thirty–three of
those thirty–eight companies. Thus, in
addition to Dongtai Peak, Anhui Native,
and QMD, two companies remain
subject to this review. We note that
neither of the two remaining companies,
Inner Mongolia Youth Trade
Development Co., Ltd. and Wuhu
Qinshgi Tangye, demonstrated
eligibility for separate rate status in this
administrative review. In the
Preliminary Results, the Department
determined that those companies which
did not demonstrate eligibility for a
separate rate are properly considered
part of the PRC–Wide entity.9 Since the
Preliminary Results, no interested
parties submitted comments regarding
these findings. Therefore, we continue
to treat these two entities as part of the
PRC–Wide entity.
date, as provided for by section
751(a)(2)(C) of the Act: (1) for the
exporters listed above, the cash deposit
rate will be established in the final
results of this review (except, if the rate
is zero or de minimis, i.e., less than 0.5
percent, no cash deposit will be
required for that company); (2) for
previously investigated or reviewed PRC
and non–PRC exporters not listed above
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 $2.68 per
kilogram; 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 further
notice.
Final Results of Review
The weighted–average dumping
margins for the POR are as follows:
This notice also serves as a 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 POR. Failure to
comply with this requirement could
result in the Department’s presumption
that reimbursement of antidumping
duties has occurred and the subsequent
assessment of doubled antidumping
duties.
HONEY FROM THE PEOPLE’S REPUBLIC
OF CHINA
Manufacturer/Exporter
Margin (per kilogram)
PRC–Wide Rate10 ........
$2.63
Assessment
Upon issuance of these final results,
the Department will determine, and
Customs and Border Protection (‘‘CBP’’)
shall assess, antidumping duties on all
appropriate entries covered by these
reviews. The Department intends to
issue assessment instructions to CBP 15
days after the publication date of the
final results of this review.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of these final results of
administrative review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
8 See
Initiation Notice.
Preliminary Results.
10 The PRC–wide entity includes: Anhui Native
Produce Import and Export Corp., Inner Mongolia
Youth Trade Development Co., Ltd., Qinhuangdao
Municipal Dafeng Industrial Co., Ltd., and Wuhu
Qinshgi Tangye.
9 See
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Reimbursement of Duties
Administrative Protective Orders
This notice also serves as a reminder
to parties subject to administrative
protective orders (‘‘APO’’) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
proceeding. Timely written notification
of the return/destruction of APO
materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
We are issuing and publishing this
administrative review and notice in
accordance with sections 751(a)(1) and
777(i) of the Act.
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Dated: April 29, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
Appendix I – Decision Memorandum
Company Specific Issues
Comment 1: Whether Dongtai Peak’ Sales
Were Not Bona Fide
a. Timing of POR Sales
b. Prices of Sales
c. Quantity of Sales
d. Business Practices of U.S. Customers
[FR Doc. 2010–10685 Filed 5–5–10; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–802]
Certain Frozen Warmwater Shrimp
from the Socialist Republic of Vietnam:
Extension of Time Limits for
Preliminary and Final Results of Full
Five-year ( ‘‘Sunset’’) Review of
Antidumping Duty Order
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AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: May 6, 2010.
FOR FURTHER INFORMATION CONTACT: Jerry
Huang, AD/CVD Operations, Office 9,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue, N.W.,
Washington, DC 20230; telephone: (202)
482–4047.
SUPPLEMENTARY INFORMATION:
Background
On January 4, 2010, the Department of
Commerce (‘‘the Department’’) published
in the Federal Register the notice of
initiation of its sunset reviews of the
antidumping duty orders on certain
frozen warmwater shrimp from Brazil,
the People’s Republic of China, India,
Thailand, and the Socialist Republic of
Vietnam (‘‘Vietnam’’). See Initiation of
Five-year (‘‘Sunset’’) Review, 75 FR 103
(January 4, 2010). On January 19, 2010,
domestic interested parties, the Ad Hoc
Shrimp Trade Action Committee, and
the American Shrimp Processors
Association, submitted letters indicating
their intent to participate in the sunset
review on certain frozen warmwater
shrimp from Vietnam. On February 3,
2010, domestic interested parties and 34
respondent interested parties provided
substantive responses as required under
section 351.218(d)(3) of the
Department’s regulations. Domestic and
respondent interested parties included,
in their substantive responses,
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arguments regarding whether dumping
is likely to continue or recur. Domestic
and respondent interested parties filed
rebuttal comments on February 12,
2010.
On March 2, 2010, the Department
determined that the substantive
responses filed by the domestic and
respondent interested parties were
adequate, and that it was appropriate to
conduct a full sunset review. See
Memorandum to James C. Doyle:
Adequacy Determination in
Antidumping Duty Sunset Review of
Certain Frozen Warmwater Shrimp from
the Socialist Republic of Vietnam, dated
March 2, 2010, and on file in the Central
Records Unit, Room B 099 of the
Department of Commerce building. On
February 16, 2010, the Department
issued a memorandum that tolled the
deadlines for all Import Administration
cases by seven calendar days due to the
recent Federal Government closure. See
Memorandum for the Record from
Ronald Lorentzen, DAS for Import
Administration, Tolling of
Administrative Deadlines as a Result of
the Government Closure During the
Recent Snowstorm, dated February 12,
2010. The Department’s preliminary and
final results of the sunset review of the
antidumping duty order on certain
frozen warmwater shrimp are currently
scheduled for May 1, 2010 and
September 1, 2010, respectively.
Extension of Time Limits for
Preliminary and Final Results of
Reviews
The Tariff Act of 1930, as amended
(the ‘‘Act’’) provides for the completion
of a full sunset review within 240 days
of the publication of the initiation
notice. See section 751(c)(5)(A) of the
Act. In accordance with section
751(c)(5)(B) of the Act, the Department
may extend the period of time for
making its determination by not more
than 90 days, if it determines that the
review is extraordinarily complicated.
We determine that this review is
extraordinarily complicated, pursuant to
section 751(c)(5)(C)(i), (ii) and (iii) of the
Act, because there are a large number of
issues, a large number of companies
involved in this sunset review and
because the Department must consider a
number of complex issues such as the
trends of pre–order and post–order
shipment volume. Therefore, the
Department requires additional time to
complete its analysis. Accordingly, the
Department is extending the deadline in
this proceeding for 90 days. As a result,
the Department intends to issue the
preliminary results of the full sunset
review by July 30, 2010, and the final
results by November 30, 2010.
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This notice is issued in accordance
with sections 751(c)(5)(B) and (C) of the
Act.
Dated: April 30, 2010.
Edward C. Yang,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. 2010–10718 Filed 5–5–10; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN: 0648–XW31
Fisheries of the South Atlantic;
Southeast Data, Assessment, and
Review (SEDAR); Public Meeting
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of SEDAR 24 Data
Workshop for South Atlantic red
snapper.
SUMMARY: The SEDAR assessment of the
South Atlantic stock of red snapper will
consist of a series of workshops and
webinars: a Data Workshop, a series of
Assessment webinars, and a Review
Workshop. This is the twenty-fourth
SEDAR. This is notice of the Data
Workshop component of SEDAR 24.
Notice of the Assessment Process and
the Review Workshop will be made at
a later date. See SUPPLEMENTARY
INFORMATION.
DATES: The Data Workshop will take
place May 24 -28, 2010. See
SUPPLEMENTARY INFORMATION.
ADDRESSES: The Data Workshop will be
held at the Francis Marion Hotel, 387
King Street, Charleston, SC 29403;
telephone: (843) 722–0600 or (877) 756–
2121.
FOR FURTHER INFORMATION CONTACT: Dale
Theiling, SEDAR Coordinator, 4055
Faber Place Drive, Suite 201, North
Charleston, SC 29405; telephone: (843)
571–4366.
SUPPLEMENTARY INFORMATION: The Gulf
of Mexico, South Atlantic, and
Caribbean Fishery Management
Councils, in conjunction with NOAA
Fisheries and the Atlantic and Gulf
States Marine Fisheries Commissions
have implemented the Southeast Data,
Assessment and Review (SEDAR)
process, a multi-step method for
determining the status of fish stocks in
the Southeast Region. SEDAR includes
a Data Workshop, a Stock Assessment
Process and a Review Workshop. The
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06MYN1
]]>Agencies
[Federal Register Volume 75, Number 87 (Thursday, May 6, 2010)]
[Notices]
[Pages 24880-24883]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-10685]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-863]
Administrative Review of Honey from the People's Republic of
China: Final Results of Antidumping Duty Administrative Review and
Rescission of Review, In Part
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On December 23, 2009, the Department of Commerce
(``Department'') published in the Federal Register the preliminary
results of the seventh administrative review, covering the period
December 1, 2007, through November 30, 2008, of the antidumping duty
order on honey from the People's Republic of China (``PRC'').\1\ We
gave interested parties an opportunity to comment on the Preliminary
Results. After reviewing interested parties' comments, we made no
changes for the final results of review. The final antidumping duty
margins for this review are listed in the ``Final Results of Review''
section below.
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\1\ See Seventh Administrative Review of Honey from the People's
Republic of China: Preliminary Results of Antidumping Duty
Administrative Review and Intent to Rescind, In Part, 74 FR 68249
(December 23, 2009) (``Preliminary Results'').
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DATES: Effective Date: May 6, 2010.
FOR FURTHER INFORMATION CONTACT: Katie Marksberry or Josh Startup, 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-
7906 or (202) 482-5260, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 2, 2009, the Department initiated this review with
respect to thirty-eight companies upon which an administrative review
was requested.\2\
[[Page 24881]]
Subsequently, pursuant to section 351.213(d)(1) of the Department's
regulations, the Department rescinded the administrative review with
respect to thirty-three companies, based upon Petitioners'\3\ timely
withdrawal of review requests.\4\ Thus, five companies remain subject
to this review.
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\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 74 FR
5821 (February 2, 2009) (``Initiation Notice'').
\3\ The petitioners are the members of the American Honey
Producers Association and the Sioux Honey Association (hereinafter
referred to as ``Petitioners'').
\4\ See Honey from the People's Republic of China: Partial
Rescission of the Seventh Antidumping Administrative Review, 74 FR
11087 (March 16, 2009).
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As noted above, on December 23, 2009, the Department published the
Preliminary Results of this administrative review. In the Preliminary
Results Federal Register notice, we set the deadline for interested
parties to submit case briefs and rebuttal briefs to January 22, 2010,
and January 29, 2010, respectively. On January 26, 2010, we extended
the deadline for parties to submit rebuttal briefs to February 3, 2010.
On January 21, 2010, Dongtai Peak Honey Industry Co., Ltd. (``Dongtai
Peak'') filed a case brief. On February 4, 2010, the Petitioners filed
a rebuttal brief. On February 17, 2010, the Department sent Dongtai
Peak a letter requiring it to remove new factual information from its
brief, pursuant to section 351.301(b)(2) of the Department's
regulations. Subsequently, Dongtai Peak resubmitted its case brief on
February 24, 2010. On March 30, 2010, the Department sent Dongtai Peak
another letter, rejecting Dongtai Peak's resubmitted case brief which
continued to contain new information. On April 2, 2010, Dongtai Peak
resubmitted its case brief. The Department did not hold a public
hearing pursuant to 19 CFR 351.310(d), as there were no hearing
requests made by interested parties.
As explained in the memorandum from the Deputy Assistant Secretary
for Import Administration, the Department has exercised its discretion
to toll deadlines for the duration of the closure of the Federal
Government from February 5, through February 12, 2010.\5\ Thus, all
deadlines in this segment of the proceeding were extended by seven
days, and the revised deadline for the final results of this review
became April 29, 2010.
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\5\ See Memorandum to the Record regarding ``Tolling of
Administrative Deadlines As a Result of the Government Closure
During the Recent Snowstorm,'' dated February 12, 2010.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
these reviews are addressed in the ``Administrative Review of Honey
from the People's Republic of China: Issue and Decision Memorandum for
the Final Results,'' (``Issues and Decision Memorandum'') which is
dated concurrently with this notice, and which is hereby adopted by
this notice. A list of the issues which parties raised and to which we
respond in the Issues and Decision Memorandum is attached to this
notice as an Appendix. The Issues and Decision Memorandum is a public
document and is on file in the Central Records Unit (``CRU''), Main
Commerce Building, Room 1117, and is accessible on the Department's
website at https://www.trade.gov/ia. The paper copy and electronic
version of the memorandum are identical in content.
Scope of the 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.
Final Partial Rescission of Administrative Review
In the Preliminary Results, the Department preliminarily rescinded
the administrative review of Dongtai Peak, whose POR sales the
Department found to be non-bona fide. See Preliminary Result; see also
Memorandum to James C. Doyle, Director, Office 9; through Catherine
Bertrand, Program Manager; from Blaine Wiltse, International Trade
Compliance Analyst; regarding Antidumping Duty Administrative Review of
Honey from the People's Republic of China: Bona fide Analysis of the
Sales Under Review for Dongtai Peak Honey Industry Co., Ltd. (dated
December 16, 2009). The Department received comments with respect to
our preliminary decision to rescind the review. The Department
continues to find the sales by Dongtai Peak to be non-bona fide.\6\
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\6\ See Issues and Decision Memorandum at Comment 1.
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Facts Available
For the reasons stated below, we are applying adverse facts
available (``AFA'') to the PRC-wide entity which includes Anhui Native
Produce Import and Export Corp. (``Anhui Native''). Section 776(a)(2)
of the Act provides that if an interested party: (A) withholds
information that has been requested by the Department; (B) fails to
provide such information in a timely manner or in the form or manner
requested, subject to subsections 782(c)(1) and (e) of the Act; (C)
significantly impedes a determination under the antidumping statute; or
(D) provides such information but the information cannot be verified,
the Department shall, subject to subsection 782(d) of the Act, use
facts otherwise available in reaching the applicable determination.
Furthermore, section 776(b) of the Act provides that, if the
Department finds that an interested party ``has failed to cooperate by
not acting to the best of its ability to comply with a request for
information,'' the Department may use information that is adverse to
the interests of that party as facts otherwise available. Adverse
inferences are appropriate ``to ensure that the party does not obtain a
more favorable result by failing to cooperate than if it had cooperated
fully.'' See Statement of Administrative Action (``SAA'') accompanying
the URAA, H.R. Doc. No. 316, 103d Cong., 2d Session at 870 (1994). An
adverse inference may include reliance on information derived from the
petition, the final determination in the investigation, any previous
review, or any other information placed on the record. See section
776(b) of the Act.
In the Preliminary Results, the Department determined that in
accordance with section 776(a)(2)(B) of the Act and 782(c)(1) of the
Act, the use of facts available is appropriate for the PRC-wide entity,
which the Department determined includes Anhui Native. As discussed in
the Preliminary Results, Anhui Native was selected as a mandatory
respondent in the current review but did not submit a response to the
antidumping duty questionnaires issued by the Department on March 9,
2009. On April 15, 2009, Anhui Native submitted a letter informing the
Department that it would not participate in the current review. As
Anhui Native was selected as a mandatory respondent but did not submit
its response to the
[[Page 24882]]
questionnaire, Anhui Native did not demonstrate its eligibility for a
separate rate and thus was determined to be part of the PRC-wide entity
for purposes of this review. Because Anhui Native, as part of the PRC-
wide entity, failed to respond to the Department's requests for
information, the Department finds that the PRC-wide entity did not
cooperate to the best of its ability, and its non-responsiveness
necessitates the use of facts available, pursuant to sections
776(a)(2)(A), (B) and (C) of the Act. Because the PRC-wide entity, now
including Anhui Native, withheld requested information, failed to
provide information in a timely manner and in the form requested, and
significantly impeded this proceeding, we continue to find that the
PRC-wide entity, failed to cooperate to the best of its ability, and,
accordingly, find it appropriate to apply to it a margin based on AFA..
The Department's determination is in accordance with sections
776(a)(2)(A), (B), (C) and 776(b) of the Act.\7\ As no interested party
commented on this determination regarding Anhui Native or the PRC-wide
entity, we have made no changes from our Preliminary Results with
respect to this issue.
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\7\ See e.g., Non-Malleable Cast Iron Pipe Fittings from the
People's Republic of China: Final Results of Antidumping Duty
Administrative Review, 71 FR 69546 (December 1, 2006) and
accompanying Issues and Decision Memorandum at Comment 1. See also
Certain Frozen Warmwater Shrimp from the Socialist Republic of
Vietnam: Preliminary Results of the First Administrative Review and
New Shipper Review, 72 FR 10689, 10692 (March 9, 2007) (decision to
apply total AFA to the NME-wide entity) unchanged in Certain Frozen
Warmwater Shrimp From the Socialist Republic of Vietnam: Final
Results of the First Antidumping Duty Administrative Review and
First New Shipper Review, 72 FR 52052 (September 12, 2007)
(``Vietnam Shrimp AR1'').
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Separate Rate Status
In the Preliminary Results, the Department noted that it was unable
to deliver the antidumping duty questionnaire to Qinhuangdao Municipal
Dafeng Industrial Co., Ltd. (``QMD'') after it was selected for
individual examination in this review. Also, in the Preliminary
Results, we stated that because QMD did not submit a separate rate
certification or application, as instructed in the Initiation Notice,
we found that QMD did not demonstrate its eligibility for a separate
rate and thus is properly considered part of the PRC-wide entity.
Consequently, as no interested party commented on this issue, we are
continuing to find that QMD is not eligible for a separate rate in this
review and will be considered part of the PRC-Wide entity.
In the Initiation Notice, we required that all companies listed
therein wishing to qualify for separate rate status in this
administrative review to submit, as appropriate, either a separate rate
application or certification.\8\ As noted above, the Department
initiated this administrative review with respect to thirty-eight
companies, and rescinded the review on thirty-three of those thirty-
eight companies. Thus, in addition to Dongtai Peak, Anhui Native, and
QMD, two companies remain subject to this review. We note that neither
of the two remaining companies, Inner Mongolia Youth Trade Development
Co., Ltd. and Wuhu Qinshgi Tangye, demonstrated eligibility for
separate rate status in this administrative review. In the Preliminary
Results, the Department determined that those companies which did not
demonstrate eligibility for a separate rate are properly considered
part of the PRC-Wide entity.\9\ Since the Preliminary Results, no
interested parties submitted comments regarding these findings.
Therefore, we continue to treat these two entities as part of the PRC-
Wide entity.
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\8\ See Initiation Notice.
\9\ See Preliminary Results.
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Final Results of Review
The weighted-average dumping margins for the POR are as follows:
Honey from the People's Republic of China
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Margin (per
Manufacturer/Exporter kilogram)
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PRC-Wide Rate\10\................................... $2.63
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Assessment
Upon issuance of these final results, the Department will
determine, and Customs and Border Protection (``CBP'') shall assess,
antidumping duties on all appropriate entries covered by these reviews.
The Department intends to issue assessment instructions to CBP 15 days
after the publication date of the final results of this review.
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\10\ The PRC-wide entity includes: Anhui Native Produce Import
and Export Corp., Inner Mongolia Youth Trade Development Co., Ltd.,
Qinhuangdao Municipal Dafeng Industrial Co., Ltd., and Wuhu Qinshgi
Tangye.
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of these final results of administrative 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 the exporters
listed above, the cash deposit rate will be established in the final
results of this review (except, if the rate is zero or de minimis,
i.e., less than 0.5 percent, no cash deposit will be required for that
company); (2) for previously investigated or reviewed PRC and non-PRC
exporters not listed above 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 $2.68 per kilogram; 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 further
notice.
Reimbursement of Duties
This notice also serves as a 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 POR. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties has occurred and the subsequent
assessment of doubled antidumping duties.
Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective orders (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, which continues
to govern business proprietary information in this segment of the
proceeding. Timely written notification of the return/destruction of
APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation which is subject to sanction.
We are issuing and publishing this administrative review and notice
in accordance with sections 751(a)(1) and 777(i) of the Act.
[[Page 24883]]
Dated: April 29, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix I - Decision Memorandum
Company Specific Issues
Comment 1: Whether Dongtai Peak' Sales Were Not Bona Fide
a. Timing of POR Sales
b. Prices of Sales
c. Quantity of Sales
d. Business Practices of U.S. Customers
[FR Doc. 2010-10685 Filed 5-5-10; 8:45 am]
BILLING CODE 3510-DS-S
