Honey From the People's Republic of China: Preliminary Intent To Rescind New Shipper Reviews, 55307-55309 [2010-22650]
Download as PDF
<![CDATA[
Federal Register / Vol. 75, No. 175 / Friday, September 10, 2010 / Notices
of alternatives to minimize the impacts
of fishing on EFH; begin development of
alternatives to identify and protect
deep-sea coral zones; review EFH
designation updates recommended by
the Plan Development Team; review
SSC comments from 8/25/10 on
applications of the Swept Area Seabed
Impact model and review Advisory
Panel feedback from 8/12 meeting.
Other topics may be discussed at the
Chair(s discretion.
Although non-emergency issues not
contained in this agenda may come
before this group for discussion, those
issues may not be the subject of formal
action during this meeting. Action will
be restricted to those issues specifically
listed in this notice and any issues
arising after publication of this notice
that require emergency action under
section 305(c) of the Magnuson-Stevens
Act, provided the public has been
notified of the Council’s intent to take
final action to address the emergency.
Special Accommodations
This meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to Paul
J. Howard, Executive Director, at (978)
465–0492, at least 5 days prior to the
meeting date.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 3, 2010.
Tracey L. Thompson,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
Permits, Conservation and Education
Division, Office of Protected Resources,
NMFS, 1315 East-West Highway, Room
13705, Silver Spring, MD 20910; phone
(301)713–2289; fax (301)713–0376; and
Southwest Region, NMFS, 501 West
Ocean Blvd., Suite 4200, Long Beach,
CA 90802–4213; phone (562)980–4001;
fax (562)980–4018.
FOR FURTHER INFORMATION CONTACT:
Jennifer Skidmore or Laura Morse,
(301)713–2289.
SUPPLEMENTARY INFORMATION: On
December 2, 2009, notice was published
in the Federal Register (74 FR 63119)
that a request for a public display
permit to import one male pilot whale,
from the Kamogawa SeaWorld, Chiba,
Japan to Sea World of California, had
been submitted by the above-named
organization. The requested permit has
been issued under the authority of the
Marine Mammal Protection Act of 1972,
as amended (16 U.S.C. 1361 et seq.) and
the regulations governing the taking and
importing of marine mammals (50 CFR
part 216).
In compliance with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), a final
determination has been made that the
activity proposed is categorically
excluded from the requirement to
prepare an environmental assessment or
environmental impact statement.
[FR Doc. 2010–22543 Filed 9–9–10; 8:45 am]
Dated: September 1, 2010.
P. Michael Payne,
Chief, Permits, Conservation and Education
Division, Office of Protected Resources,
National Marine Fisheries Service.
BILLING CODE 3510–22–S
[FR Doc. 2010–22518 Filed 9–9–10; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
International Trade Administration
RIN 0648–XY41
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of permit.
AGENCY:
Notice is hereby given that
Sea World, LLC, 9205 South Park Center
Loop, Suite 400, Orlando, FL 32819
[Brad Andrews, Responsible Party] has
been issued a permit to import one pilot
whale (Globicephala macrorhynchus)
for public display.
ADDRESSES: The permit and related
documents are available for review
upon written request or by appointment
in the following office(s):
SUMMARY:
srobinson on DSKHWCL6B1PROD with NOTICES
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:
General Background
On December 12, 2009, and December
14, 2009, respectively, pursuant to
section 751(a)(2)(B)(i) of the Tariff Act
of 1930, as amended (‘‘the Act’’), and 19
CFR 351.214(c), the Department
received NSR requests from Suzhou and
Fenglian. On February 4, 2010, the
Department published in the Federal
Register its initiation of these NSRs.1
On February 4, 2010, the Department
issued antidumping duty new shipper
questionnaires to Fenglian and Suzhou.
Between March 2010 and July 2010, the
Department received timely filed
original and supplemental questionnaire
responses from Suzhou and Fenglian,
respectively.
On February 12, 2010, the Department
exercised its discretion to toll the
deadlines for all Import Administration
cases by seven calendar days due to the
February 5, through February 12, 2010,
Federal Government closure. See
Memorandum to the Record from
Ronald Lorentzen, DAS for Import
Administration, regarding ‘‘Tolling of
Administrative Deadlines as a Result of
the Government Closure During the
Recent Snowstorm,’’ dated February 12,
2010.
Extension of Time Limits
On July 7, 2010, the Department
extended the time limits for these
preliminary results by 90 days to
November 2, 2010.2
[A–570–863]
Marine Mammals; File No. 15014
VerDate Mar<15>2010
16:29 Sep 09, 2010
Jkt 220001
55307
Expansion of the POR
When the sale of the subject
Honey From the People’s Republic of
merchandise occurs within the POR
China: Preliminary Intent To Rescind
specified by the Department’s
New Shipper Reviews
regulations but the entry occurs after the
AGENCY: Import Administration,
POR, the specified POR may be
International Trade Administration,
extended unless it would be likely to
Department of Commerce.
prevent the completion of the review
SUMMARY: The Department is conducting within the time limits set by the
two new shipper reviews (‘‘NSRs’’)
Department’s regulations.3 Additionally,
covering the period of review (‘‘POR’’) of the preamble to the Department’s
December 1, 2008, through November
regulations states that both the entry
30, 2009. Because the sales made by
and the sale should occur during the
Suzhou Shanding Honey Product Co.,
1 See Honey from the People’s Republic of China:
Ltd. (‘‘Suzhou’’) and Wuhu Fenglian Co.,
Initiation of New Shipper Antidumping Duty
Ltd. (‘‘Fenglian’’) are not bona fide, we
Reviews, 75 FR 5764 (February 4, 2010).
have preliminarily determined to
2 See Honey From the People’s Republic of China:
rescind these NSRs.
Extension of Time Limit for the Preliminary Results
DATES: Effective Date: September 10,
for New Shipper Review, 75 FR 38980 (July 7, 2010).
3 See 19 CFR 351.214(f)(2)(ii).
2010.
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
E:\FR\FM\10SEN1.SGM
10SEN1
55308
Federal Register / Vol. 75, No. 175 / Friday, September 10, 2010 / Notices
POR, and that under ‘‘appropriate’’
circumstances the Department has the
flexibility to extend the POR.4 In this
instance, both Suzhou and Fenglian’s
sales of subject merchandise were made
during the POR specified by the
Department’s regulations but the
shipment entered within thirty days
after the end of that POR. The
Department finds that extending the
POR to capture these entry would not
prevent the completion of the review
within the time limits set by the
Department’s regulations. Therefore, the
Department is expanding the POR for
the new shipper review of Suzhou and
Fenglian by thirty days.5
Surrogate Country and Surrogate
Values
On May 27, 2010, Suzhou and
Fenglian (collectively ‘‘respondents’’)
submitted market economy (‘‘ME’’)
surrogate value (‘‘SV’’) information. On
June 7, 2010, Petitioners 6 submitted
rebuttal surrogate value comments. No
other party submitted surrogate country
or SV data.
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.
Preliminary Intent To Rescind
Consistent with the Department’s
practice, we investigated the bona fide
nature of the sales made by Suzhou and
Fenglian for this NSR. In evaluating
srobinson on DSKHWCL6B1PROD with NOTICES
4 See
Antidumping Duties; Countervailing Duties;
Final Rule, 62 FR 27296, 27319–27320 (May 19,
1997).
5 See Memorandum to The File, from Blaine
Wiltse, International Trade Compliance Analyst,
Office 9, regarding ‘‘Placing CBP Data on the Record
of New Shipper Reviews of Honey from the
People’s Republic of China,’’ dated January 8, 2010
(‘‘CBP Entry Package Memo’’).
6 The Petitioners are the members of the
American Honey Producers Association and the
Sioux Honey Association (hereinafter referred to as
‘‘Petitioners’’).
VerDate Mar<15>2010
16:29 Sep 09, 2010
Jkt 220001
whether or not a sale in a NSR is
commercially reasonable, and therefore
bona fide, the Department considers,
inter alia, such factors as: (1) The timing
of the sale; (2) the price and quantity; (3)
the expenses arising from the
transaction; (4) whether the goods were
resold at a profit; and (5) whether the
transaction was made on an arm’slength basis.7 Accordingly, the
Department considers a number of
factors in its bona fides analysis, ‘‘all of
which may speak to the commercial
realities surrounding an alleged sale of
the subject merchandise.’’ 8 An
additional factor may be the business
practices of U.S. customers.9 In TTPC,
the court affirmed the Department’s
practice of considering that ‘‘any factor
which indicates that the sale under
consideration is not likely to be typical
of those which the producer will make
in the future is relevant,’’ 10 and found
that ‘‘the weight given to each factor
investigated will depend on the
circumstances surrounding the sale.’’ 11
Finally, in New Donghua, the CIT
affirmed the Department’s practice of
evaluating the circumstances
surrounding a NSR sale so that a
respondent does not unfairly benefit
from an atypical sale, and obtain a lower
dumping margin than the producer’s
usual commercial practice would
dictate.12 Where a review is based on a
single sale, exclusion of that sale as nonbona fide necessarily must end the
review.13
Suzhou
In analyzing Suzhou’s single POR sale
to the United States, the Department
preliminarily determines that this sale is
not bona fide, as it is not typical of
Suzhou’s usual commercial practices
nor is it commercially reasonable. The
Department reached this conclusion
based on the totality of the
circumstances, including the atypical
nature of Suzhou’s POR pricing, and the
unusual business practices of Suzhou’s
U.S. customer. Because much of our
analysis regarding the evidence of the
7 See Tianjin Tiancheng Pharmaceutical Co., Ltd.
v. United States, 366 F. Supp. 2d 1246, 1250 (CIT
2005) (‘‘TTPC’’).
8 See Hebei New Donghua Amino Acid Co., Ltd.
v. United States, 374 F. Supp. 2d 1333, 1342 (CIT
2005) (‘‘New Donghua’’) (citing Fresh Garlic From
the People’s Republic of China: Final Results of
Antidumping Administrative Review and Rescission
of New Shipper Review, 67 FR 11283 (March 13,
2002), and accompanying Issues and Decision
Memorandum: New Shipper Review of Clipper
Manufacturing Ltd.).
9 See New Donghua, 374 F. Supp. 2d at 1343–44.
10 See TTPC, 366 F. Supp. 2d at 1250.
11 See id. at 1263.
12 See New Donghua, 374 F. Supp. 2d at 1338.
13 See TTPC, 366 F. Supp. 2d at 1249.
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
bona fides of the transaction involves
business proprietary information, a full
discussion of the bases for our decision
to find Suzhou’s single POR sale not
bona fide is set forth in the
Memorandum to the File from Katie
Marksberry, International Trade
Specialist, through Catherine Bertrand,
Program Manager, regarding
‘‘Antidumping Duty New Shipper
Review of Honey from the People’s
Republic of China: Bona Fide Analysis
of the Sale Under Review for Suzhou
Shanding Honey Product Co., Ltd.,’’
dated September 2, 2010.
Fenglian
In analyzing Fenglian’s single POR
sale to the United States, the
Department preliminarily determines
that this sale is not bona fide, as it is
not typical of Fenglian’s usual
commercial practices nor is it
commercially reasonable. The
Department reached this conclusion
based on the totality of the
circumstances, including the atypical
nature of Fenglian’s POR pricing, and
other proprietary circumstances
concerning the nature of Fenglian’s sale.
Because much of our analysis regarding
the evidence of the bona fides of the
transaction involves business
proprietary information, a full
discussion of the bases for our decision
to find Fenglian’s single POR sale not
bona fide is set forth in the
Memorandum to the File from Josh
Startup, International Trade Specialist,
through Catherine Bertrand, Program
Manager, regarding ‘‘Antidumping Duty
New Shipper Review of Honey from the
People’s Republic of China: Bona Fide
Analysis of the Sale Under Review for
Wuhu Fenglian Co., Ltd.,’’ dated
September 2, 2010.
Therefore, the Department is
preliminarily rescinding the NSR for
Suzhou and Fenglian, as we have
preliminarily determined that each
company’s single sale during the POR is
not bona fide and, consequently, not
subject to review.
Comments
In accordance with 19 CFR
351.301(c)(1), for the final results of
these NSRs, interested parties may
submit factual information to rebut,
clarify, or correct factual information
submitted by an interested party less
than ten days before, on, or after, the
applicable deadline for submission of
such factual information. However, the
Department notes that 19 CFR
351.301(c)(1) permits new information
only insofar as it rebuts, clarifies, or
E:\FR\FM\10SEN1.SGM
10SEN1
Federal Register / Vol. 75, No. 175 / Friday, September 10, 2010 / Notices
srobinson on DSKHWCL6B1PROD with NOTICES
corrects information recently placed on
the record.14
Interested parties may submit case
briefs and/or written comments no later
than 45 days after the date of
publication of these preliminary results
of this NSR. See 19 CFR 351.309(c)(ii).
Rebuttal briefs and rebuttals to written
comments, limited to issues raised in
such briefs or comments, may be filed
no later than 5 days after the deadline
for submitting the case briefs. See 19
CFR 351.309(d). The Department
requests that interested parties provide
an executive summary of each argument
contained within the case briefs and
rebuttal briefs.
Any interested party may request a
hearing within 30 days of publication of
these preliminary results. See 19 CFR
351.310(c). Requests should contain the
following information: (1) The party’s
name, address, and telephone number;
(2) the number of participants; and (3)
a list of the issues to be discussed. Oral
presentations will be limited to issues
raised in the briefs. If we receive a
request for a hearing, we plan to hold
the hearing seven days after the
deadline for submission of the rebuttal
briefs at the U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230.
The Department intends to issue the
final results of this NSR, which will
include the results of its analysis raised
in any such comments, within 90 days
of publication of these preliminary
results, pursuant to section
751(a)(2)(B)(iv) of the Act.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
NSR for all shipments of subject
merchandise from Suzhou or Fenglian
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 produced and
exported by Suzhou or Fenglian, the
cash deposit rate will continue to be the
PRC-wide rate (i.e., $2.63 per kilogram);
(2) for subject merchandise exported by
Suzhou or Fenglian but not
manufactured by Suzhou or Fenglian,
the cash deposit rate will continue to be
the PRC-wide rate (i.e., $2.63 per
kilogram); and (3) for subject
merchandise manufactured by Suzhou
or Fenglian, but exported by any other
party, the cash deposit rate will be the
14 See Glycine from the People’s Republic of
China: Final Results of Antidumping Duty
Administrative Review and Final Rescission in Part,
72 FR 58809 (October 17, 2007), and accompanying
Issues and Decision Memorandum at Comment 2.
VerDate Mar<15>2010
16:29 Sep 09, 2010
Jkt 220001
rate applicable to the exporter. These
cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice serves as a preliminary
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 POR.
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.
We are issuing and publishing this
determination in accordance with
sections 751(a)(2)(B) and 777(i) of the
Act, and 19 CFR 351.214(h) and
351.221(b)(4).
Dated: September 2, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. 2010–22650 Filed 9–9–10; 8:45 am]
BILLING CODE 3510–DS–P
55309
pursuant to the FTZ Act and the Board’s
regulations; and
Whereas, the Board adopts the
findings and recommendations of the
examiner’s report, and finds that the
requirements of the FTZ Act and
Board’s regulations are satisfied, and
that the proposal is in the public
interest;
Now, therefore, the Board hereby
orders:
The application to reorganize FTZ 170
under the alternative site framework is
approved, subject to the FTZ Act and
the Board’s regulations, including
Section 400.28, to the Board’s standard
2,000-acre activation limit for the
overall general-purpose zone project,
and to a five-year ASF sunset provision
for magnet sites that would terminate
authority for Sites 2 and 3 if not
activated by August 31, 2015.
Signed at Washington, DC, September 3,
2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration, Alternate Chairman, ForeignTrade Zones Board.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2010–22668 Filed 9–9–10; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 1704]
COMMITTEE FOR PURCHASE FROM
PEOPLE WHO ARE BLIND OR
SEVERELY DISABLED
Reorganization of Foreign-Trade Zone
170 Under Alternative Site Framework;
Jeffersonville, IN
Procurement List Proposed Additions
Pursuant to its authority under the ForeignTrade Zones Act of June 18, 1934, as
amended (19 U.S.C. 81a–81u), the ForeignTrade Zones Board (the Board) adopts the
following Order:
Whereas, the Board adopted the
alternative site framework (ASF) in
December 2008 (74 FR 1170, 01/12/09;
correction 74 FR 3987, 01/22/09) as an
option for the establishment or
reorganization of general-purpose zones;
Whereas, the Ports of Indiana, grantee
of Foreign-Trade Zone 170, submitted
an application to the Board (FTZ Docket
12–2010, filed 2/22/2010) for authority
to reorganize under the ASF with a
service area that includes Jackson,
Washington, Harrison, Floyd, Clark and
Scott Counties, Indiana, within and
adjacent to the Louisville Customs and
Border Protection port of entry, and FTZ
170’s existing sites would be categorized
as magnet sites;
Whereas, notice inviting public
comment was given in the Federal
Register (75 FR 11514, 3/11/10) and the
application has been processed
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
Committee for Purchase From
People Who Are Blind or Severely
Disabled.
ACTION: Proposed Additions to the
Procurement List.
AGENCY:
The Committee is proposing
to add products and services to the
Procurement List that will be furnished
by nonprofit agencies employing
persons who are blind or have other
severe disabilities.
Comments must be received on or
before: 10/11/2010.
ADDRESSES: Committee for Purchase
From People Who Are Blind or Severely
Disabled, Jefferson Plaza 2, Suite 10800,
1421 Jefferson Davis Highway,
Arlington, Virginia 22202–3259.
For Further Information or to Submit
Comments Contact: Barry S. Lineback,
Telephone: (703) 603–7740, Fax: (703)
603–0655, or e-mail
CMTEFedReg@AbilityOne.gov.
SUMMARY:
SUPPLEMENTARY INFORMATION:
This notice is published pursuant to
41 U.S.C 47(a)(2) and 41 CFR 51–2.3. Its
purpose is to provide interested persons
E:\FR\FM\10SEN1.SGM
10SEN1
]]>Agencies
[Federal Register Volume 75, Number 175 (Friday, September 10, 2010)]
[Notices]
[Pages 55307-55309]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-22650]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-863]
Honey From the People's Republic of China: Preliminary Intent To
Rescind New Shipper Reviews
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department is conducting two new shipper reviews
(``NSRs'') covering the period of review (``POR'') of December 1, 2008,
through November 30, 2009. Because the sales made by Suzhou Shanding
Honey Product Co., Ltd. (``Suzhou'') and Wuhu Fenglian Co., Ltd.
(``Fenglian'') are not bona fide, we have preliminarily determined to
rescind these NSRs.
DATES: Effective Date: September 10, 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:
General Background
On December 12, 2009, and December 14, 2009, respectively, pursuant
to section 751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (``the
Act''), and 19 CFR 351.214(c), the Department received NSR requests
from Suzhou and Fenglian. On February 4, 2010, the Department published
in the Federal Register its initiation of these NSRs.\1\
---------------------------------------------------------------------------
\1\ See Honey from the People's Republic of China: Initiation of
New Shipper Antidumping Duty Reviews, 75 FR 5764 (February 4, 2010).
---------------------------------------------------------------------------
On February 4, 2010, the Department issued antidumping duty new
shipper questionnaires to Fenglian and Suzhou. Between March 2010 and
July 2010, the Department received timely filed original and
supplemental questionnaire responses from Suzhou and Fenglian,
respectively.
On February 12, 2010, the Department exercised its discretion to
toll the deadlines for all Import Administration cases by seven
calendar days due to the February 5, through February 12, 2010, Federal
Government closure. See Memorandum to the Record from Ronald Lorentzen,
DAS for Import Administration, regarding ``Tolling of Administrative
Deadlines as a Result of the Government Closure During the Recent
Snowstorm,'' dated February 12, 2010.
Extension of Time Limits
On July 7, 2010, the Department extended the time limits for these
preliminary results by 90 days to November 2, 2010.\2\
---------------------------------------------------------------------------
\2\ See Honey From the People's Republic of China: Extension of
Time Limit for the Preliminary Results for New Shipper Review, 75 FR
38980 (July 7, 2010).
---------------------------------------------------------------------------
Expansion of the POR
When the sale of the subject merchandise occurs within the POR
specified by the Department's regulations but the entry occurs after
the POR, the specified POR may be extended unless it would be likely to
prevent the completion of the review within the time limits set by the
Department's regulations.\3\ Additionally, the preamble to the
Department's regulations states that both the entry and the sale should
occur during the
[[Page 55308]]
POR, and that under ``appropriate'' circumstances the Department has
the flexibility to extend the POR.\4\ In this instance, both Suzhou and
Fenglian's sales of subject merchandise were made during the POR
specified by the Department's regulations but the shipment entered
within thirty days after the end of that POR. The Department finds that
extending the POR to capture these entry would not prevent the
completion of the review within the time limits set by the Department's
regulations. Therefore, the Department is expanding the POR for the new
shipper review of Suzhou and Fenglian by thirty days.\5\
---------------------------------------------------------------------------
\3\ See 19 CFR 351.214(f)(2)(ii).
\4\ See Antidumping Duties; Countervailing Duties; Final Rule,
62 FR 27296, 27319-27320 (May 19, 1997).
\5\ See Memorandum to The File, from Blaine Wiltse,
International Trade Compliance Analyst, Office 9, regarding
``Placing CBP Data on the Record of New Shipper Reviews of Honey
from the People's Republic of China,'' dated January 8, 2010 (``CBP
Entry Package Memo'').
---------------------------------------------------------------------------
Surrogate Country and Surrogate Values
On May 27, 2010, Suzhou and Fenglian (collectively ``respondents'')
submitted market economy (``ME'') surrogate value (``SV'') information.
On June 7, 2010, Petitioners \6\ submitted rebuttal surrogate value
comments. No other party submitted surrogate country or SV data.
---------------------------------------------------------------------------
\6\ The Petitioners are the members of the American Honey
Producers Association and the Sioux Honey Association (hereinafter
referred to as ``Petitioners'').
---------------------------------------------------------------------------
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.
Preliminary Intent To Rescind
Consistent with the Department's practice, we investigated the bona
fide nature of the sales made by Suzhou and Fenglian for this NSR. In
evaluating whether or not a sale in a NSR is commercially reasonable,
and therefore bona fide, the Department considers, inter alia, such
factors as: (1) The timing of the sale; (2) the price and quantity; (3)
the expenses arising from the transaction; (4) whether the goods were
resold at a profit; and (5) whether the transaction was made on an
arm's-length basis.\7\ Accordingly, the Department considers a number
of factors in its bona fides analysis, ``all of which may speak to the
commercial realities surrounding an alleged sale of the subject
merchandise.'' \8\ An additional factor may be the business practices
of U.S. customers.\9\ In TTPC, the court affirmed the Department's
practice of considering that ``any factor which indicates that the sale
under consideration is not likely to be typical of those which the
producer will make in the future is relevant,'' \10\ and found that
``the weight given to each factor investigated will depend on the
circumstances surrounding the sale.'' \11\ Finally, in New Donghua, the
CIT affirmed the Department's practice of evaluating the circumstances
surrounding a NSR sale so that a respondent does not unfairly benefit
from an atypical sale, and obtain a lower dumping margin than the
producer's usual commercial practice would dictate.\12\ Where a review
is based on a single sale, exclusion of that sale as non-bona fide
necessarily must end the review.\13\
---------------------------------------------------------------------------
\7\ See Tianjin Tiancheng Pharmaceutical Co., Ltd. v. United
States, 366 F. Supp. 2d 1246, 1250 (CIT 2005) (``TTPC'').
\8\ See Hebei New Donghua Amino Acid Co., Ltd. v. United States,
374 F. Supp. 2d 1333, 1342 (CIT 2005) (``New Donghua'') (citing
Fresh Garlic From the People's Republic of China: Final Results of
Antidumping Administrative Review and Rescission of New Shipper
Review, 67 FR 11283 (March 13, 2002), and accompanying Issues and
Decision Memorandum: New Shipper Review of Clipper Manufacturing
Ltd.).
\9\ See New Donghua, 374 F. Supp. 2d at 1343-44.
\10\ See TTPC, 366 F. Supp. 2d at 1250.
\11\ See id. at 1263.
\12\ See New Donghua, 374 F. Supp. 2d at 1338.
\13\ See TTPC, 366 F. Supp. 2d at 1249.
---------------------------------------------------------------------------
Suzhou
In analyzing Suzhou's single POR sale to the United States, the
Department preliminarily determines that this sale is not bona fide, as
it is not typical of Suzhou's usual commercial practices nor is it
commercially reasonable. The Department reached this conclusion based
on the totality of the circumstances, including the atypical nature of
Suzhou's POR pricing, and the unusual business practices of Suzhou's
U.S. customer. Because much of our analysis regarding the evidence of
the bona fides of the transaction involves business proprietary
information, a full discussion of the bases for our decision to find
Suzhou's single POR sale not bona fide is set forth in the Memorandum
to the File from Katie Marksberry, International Trade Specialist,
through Catherine Bertrand, Program Manager, regarding ``Antidumping
Duty New Shipper Review of Honey from the People's Republic of China:
Bona Fide Analysis of the Sale Under Review for Suzhou Shanding Honey
Product Co., Ltd.,'' dated September 2, 2010.
Fenglian
In analyzing Fenglian's single POR sale to the United States, the
Department preliminarily determines that this sale is not bona fide, as
it is not typical of Fenglian's usual commercial practices nor is it
commercially reasonable. The Department reached this conclusion based
on the totality of the circumstances, including the atypical nature of
Fenglian's POR pricing, and other proprietary circumstances concerning
the nature of Fenglian's sale. Because much of our analysis regarding
the evidence of the bona fides of the transaction involves business
proprietary information, a full discussion of the bases for our
decision to find Fenglian's single POR sale not bona fide is set forth
in the Memorandum to the File from Josh Startup, International Trade
Specialist, through Catherine Bertrand, Program Manager, regarding
``Antidumping Duty New Shipper Review of Honey from the People's
Republic of China: Bona Fide Analysis of the Sale Under Review for Wuhu
Fenglian Co., Ltd.,'' dated September 2, 2010.
Therefore, the Department is preliminarily rescinding the NSR for
Suzhou and Fenglian, as we have preliminarily determined that each
company's single sale during the POR is not bona fide and,
consequently, not subject to review.
Comments
In accordance with 19 CFR 351.301(c)(1), for the final results of
these NSRs, interested parties may submit factual information to rebut,
clarify, or correct factual information submitted by an interested
party less than ten days before, on, or after, the applicable deadline
for submission of such factual information. However, the Department
notes that 19 CFR 351.301(c)(1) permits new information only insofar as
it rebuts, clarifies, or
[[Page 55309]]
corrects information recently placed on the record.\14\
---------------------------------------------------------------------------
\14\ See Glycine from the People's Republic of China: Final
Results of Antidumping Duty Administrative Review and Final
Rescission in Part, 72 FR 58809 (October 17, 2007), and accompanying
Issues and Decision Memorandum at Comment 2.
---------------------------------------------------------------------------
Interested parties may submit case briefs and/or written comments
no later than 45 days after the date of publication of these
preliminary results of this NSR. See 19 CFR 351.309(c)(ii). Rebuttal
briefs and rebuttals to written comments, limited to issues raised in
such briefs or comments, may be filed no later than 5 days after the
deadline for submitting the case briefs. See 19 CFR 351.309(d). The
Department requests that interested parties provide an executive
summary of each argument contained within the case briefs and rebuttal
briefs.
Any interested party may request a hearing within 30 days of
publication of these preliminary results. See 19 CFR 351.310(c).
Requests should contain the following information: (1) The party's
name, address, and telephone number; (2) the number of participants;
and (3) a list of the issues to be discussed. Oral presentations will
be limited to issues raised in the briefs. If we receive a request for
a hearing, we plan to hold the hearing seven days after the deadline
for submission of the rebuttal briefs at the U.S. Department of
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC
20230.
The Department intends to issue the final results of this NSR,
which will include the results of its analysis raised in any such
comments, within 90 days of publication of these preliminary results,
pursuant to section 751(a)(2)(B)(iv) of the Act.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this NSR for all shipments of
subject merchandise from Suzhou or Fenglian 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 produced and exported by Suzhou or Fenglian, the cash
deposit rate will continue to be the PRC-wide rate (i.e., $2.63 per
kilogram); (2) for subject merchandise exported by Suzhou or Fenglian
but not manufactured by Suzhou or Fenglian, the cash deposit rate will
continue to be the PRC-wide rate (i.e., $2.63 per kilogram); and (3)
for subject merchandise manufactured by Suzhou or Fenglian, but
exported by any other party, the cash deposit rate will be the rate
applicable to the exporter. These cash deposit requirements, when
imposed, shall remain in effect until further notice.
Notification to Importers
This notice serves as a preliminary 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 POR. 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.
We are issuing and publishing this determination in accordance with
sections 751(a)(2)(B) and 777(i) of the Act, and 19 CFR 351.214(h) and
351.221(b)(4).
Dated: September 2, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-22650 Filed 9-9-10; 8:45 am]
BILLING CODE 3510-DS-P
