Honey From the People's Republic of China: Final Results and Rescission of Antidumping Duty New Shipper Reviews, 4289-4290 [2011-1388]

Download as PDF Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Notices the last day of the anniversary month of these orders. We intend to issue the final results in this review no later than 120 days after publication of the preliminary results. This notice is issued and published in accordance with sections 751(a)(3)(A) and 777(i)(1) of the Act. Dated: January 13, 2011. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2011–1394 Filed 1–24–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–489–815] Light-Walled Rectangular Pipe and Tube From Turkey: Extension of Time Limit for Preliminary Results of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: January 25, 2011. FOR FURTHER INFORMATION CONTACT: Tyler Weinhold or Robert James, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–1121 and (202) 482–0649, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background At the request of interested parties, the Department of Commerce (the Department) published in the Federal Register a notice of initiation of this antidumping duty administrative review. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part, 75 FR 37759 (June 30, 2010). The review covers the period May 1, 2009, through April 30, 2010. The preliminary results for this administrative review are currently due no later than January 31, 2011. mstockstill on DSKH9S0YB1PROD with NOTICES Extension of Time Limits for Preliminary Results Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), requires the Department to complete the preliminary results of an administrative review within 245 days after the last day of the anniversary month of an order for which a review is requested. However, if it is not practicable to complete the review within this time period, section VerDate Mar<15>2010 18:40 Jan 24, 2011 Jkt 223001 751(a)(3)(A) of the Act allows the Department to extend the 245 day time period for the preliminary results up to 365 days. The Department has determined it is not practicable to complete this review within the statutory time limit because we require additional time to collect and analyze information regarding the terms of sale and certain non-prime merchandise needed for our preliminary results. Accordingly, the Department is extending the time limit for completion of the preliminary results of this administrative review until no later than May 31, 2011, which is 365 days from the last day of the anniversary month of these orders. We intend to issue the final results in this review no later than 120 days after publication of the preliminary results. This notice is issued and published in accordance with sections 751(a)(3)(A) and 777(i)(1) of the Act. Dated: January 13, 2011. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2011–1384 Filed 1–24–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–863] Honey From the People’s Republic of China: Final Results and Rescission of Antidumping Duty New Shipper Reviews Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: January 25, 2011. SUMMARY: On September 10, 2010, the Department of Commerce (the ‘‘Department’’) published the preliminary results of these new shipper reviews (‘‘NSR’’), for the period of review (‘‘POR’’) of December 1, 2008, through November 30, 2009.1 Based on our analysis of the comments received, and after reexamining the bona fides of the sales made by Suzhou Shanding Honey Product Co., Ltd. (‘‘Suzhou’’) and Wuhu Fenglian Co., Ltd. (‘‘Fenglian’’), the Department finds that that sales under review are not bona fide transactions; therefore, for these final results, the Department has rescinded AGENCY: 1 See Honey From the People’s Republic of China: Preliminary Intent To Rescind New Shipper Reviews, 75 FR 55307 (September 10, 2010). Because the sales under review were made during the POR, but entered after the POR, the Department expanded the POR by thirty days. PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 4289 the review with respect to Suzhou and Fenglian. FOR FURTHER INFORMATION CONTACT: Katie Marksberry and Joshua Startup, 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. Background On September 2, 2010, the Department placed U.S. Customs and Border Protection (‘‘CBP’’) data on the record of this review. The Department published its Preliminary Results on September 10, 2010. On September 22, 2010, and September 23, 2010, respectively, Suzhou and Fenglian submitted comments containing untimely factual information. On September 23, 2010, and September 24, 2010, respectively, the Department removed the untimely submissions from the record of this review. On September 29, 2010, the Department received surrogate value comments from the respondents. On October 1, 2010, the respondents collectively filed a letter requesting that the Department issue a second post-preliminary supplemental questionnaire. On October 7, 2010, the Department issued a letter to the respondents stating that it would not issue an additional questionnaire. On November 1, 2010, we received individually filed case briefs from Suzhou and Fenglian. On November 9, 2010, we received a single rebuttal brief from Petitioners.2 We did not receive any case or rebuttal briefs from any other interested parties. Extension of Time Limits On October 6, 2010, the Department extended the time limit for these final results by 90 days to January 31, 2011.3 Scope of the Order The products covered by the 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. 2 The petitioners are the members of the American Honey Producers Association and the Sioux Honey Association (hereinafter referred to as ‘‘Petitioners’’). 3 See Honey From the People’s Republic of China: Extension of Time Limit for the Final Results for New Shipper Review, 75 FR 61697 (October 6, 2010). E:\FR\FM\25JAN1.SGM 25JAN1 4290 Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Notices The merchandise subject to the order is currently classifiable under subheadings 0409.00.00, 1702.90.90 and 2106.90.99 of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’). Although the HTSUS subheadings are provided for convenience and customs purposes, the Department’s written description of the merchandise under order is dispositive. Analysis of Comments Received All issues raised in the briefs by parties to these reviews are addressed in the ‘‘New Shipper Reviews of Honey from the People’s Republic of China: Issues and Decision Memorandum,’’ dated January 31, 2010, which is hereby adopted by this notice (‘‘Issues and Decision Memo’’). A list of the issues which parties raised and to which we respond in the Issues and Decision Memo is attached to this notice as an Appendix. The Issues and Decision Memo is a public document and is on file in the Central Records Unit (‘‘CRU’’), main Commerce building, Room 7046, and is accessible on the Web at http:// www.trade.gov/ia. The paper copy and electronic version of the memorandum are identical in content. Changes Since the Preliminary Results We have made no changes to our preliminary decision to rescind the NSRs of Suzhou and Fenglian. Final Rescission of New Shipper Reviews In the Preliminary Results, the Department preliminarily rescinded the NSRs for Suzhou and Fenglian, whose POR sales the Department found to be non-bona fide.4 The Department received comments with respect to our preliminary decision to rescind the review. For these final results the Department continues to find the sales by Suzhou and Fenglian to be non-bona fide.5 mstockstill on DSKH9S0YB1PROD with NOTICES Cash-Deposit Requirements The following cash deposit requirements will be effective upon 18:40 Jan 24, 2011 Jkt 223001 Administrative Protective Orders This notice also serves as a reminder to parties subject to administrative protective order (‘‘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 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)(5). Dated: January 13, 2011. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. Appendix I 4 See Preliminary Results; see also 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; see also 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. 5 See Issues and Decision Memorandum at Comments 3 and 4. VerDate Mar<15>2010 publication of these final results 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. General Issues Comment 1: Department’s Treatment of Respondents’ Post-Preliminary Request for Additional Supplemental Questionnaires Comment 2: Department’s Rejection of Respondents’ Submission Comment 3: Accuracy of the CBP Data Company Specific Issues Comment 4: Finding that Suzhou’s POR Sale was Non-Bona Fide Comment 5: Finding that Fenglian’s Sale was Non-Bona Fide [FR Doc. 2011–1388 Filed 1–24–11; 8:45 am] BILLING CODE 3510–DS–P PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration [A–570–928] Uncovered Innerspring Units From the People’s Republic of China: Final Results of First Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On November 10, 2010, the Department of Commerce (the ‘‘Department’’) published the Preliminary Results of the first administrative review of the antidumping duty order on uncovered innerspring units (‘‘innersprings’’) from the People’s Republic of China (‘‘PRC’’), covering the period of review (‘‘POR’’) August 6, 2008, through January 31, 2010.1 The Department received no comments on the Preliminary Results. We have made no changes to our margin calculations for the final results of this review. The final weighted-average margins are listed below in the ‘‘Final Results of the Review’’ section of this notice. DATES: Effective Date: January 25, 2011. FOR FURTHER INFORMATION CONTACT: Toni Dach, AD/CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–1655. AGENCY: Case History With the issuance of the Preliminary Results, the Department invited interested parties to comment on the Preliminary Results. No interested party submitted a case brief or comments, or requested a hearing. Therefore, the Department has made no changes from the Preliminary Results for these final results. Scope of Order The merchandise subject to the order is uncovered innerspring units composed of a series of individual metal springs joined together in sizes corresponding to the sizes of adult mattresses (e.g., twin, twin long, full, full long, queen, California king and king) and units used in smaller constructions, such as crib and youth mattresses. All uncovered innerspring units are included in the scope 1 See Uncovered Innerspring Units From the People’s Republic of China: Preliminary Results of First Antidumping Duty Administrative Review, 75 FR 69055 (November 10, 2010) (‘‘Preliminary Results’’). E:\FR\FM\25JAN1.SGM 25JAN1

Agencies

[Federal Register Volume 76, Number 16 (Tuesday, January 25, 2011)]
[Notices]
[Pages 4289-4290]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-1388]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-863]


Honey From the People's Republic of China: Final Results and 
Rescission of Antidumping Duty New Shipper Reviews

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

DATES: Effective Date: January 25, 2011.

SUMMARY: On September 10, 2010, the Department of Commerce (the 
``Department'') published the preliminary results of these new shipper 
reviews (``NSR''), for the period of review (``POR'') of December 1, 
2008, through November 30, 2009.\1\ Based on our analysis of the 
comments received, and after reexamining the bona fides of the sales 
made by Suzhou Shanding Honey Product Co., Ltd. (``Suzhou'') and Wuhu 
Fenglian Co., Ltd. (``Fenglian''), the Department finds that that sales 
under review are not bona fide transactions; therefore, for these final 
results, the Department has rescinded the review with respect to Suzhou 
and Fenglian.
---------------------------------------------------------------------------

    \1\ See Honey From the People's Republic of China: Preliminary 
Intent To Rescind New Shipper Reviews, 75 FR 55307 (September 10, 
2010). Because the sales under review were made during the POR, but 
entered after the POR, the Department expanded the POR by thirty 
days.

FOR FURTHER INFORMATION CONTACT: Katie Marksberry and Joshua Startup, 
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.

Background

    On September 2, 2010, the Department placed U.S. Customs and Border 
Protection (``CBP'') data on the record of this review. The Department 
published its Preliminary Results on September 10, 2010. On September 
22, 2010, and September 23, 2010, respectively, Suzhou and Fenglian 
submitted comments containing untimely factual information. On 
September 23, 2010, and September 24, 2010, respectively, the 
Department removed the untimely submissions from the record of this 
review. On September 29, 2010, the Department received surrogate value 
comments from the respondents. On October 1, 2010, the respondents 
collectively filed a letter requesting that the Department issue a 
second post-preliminary supplemental questionnaire. On October 7, 2010, 
the Department issued a letter to the respondents stating that it would 
not issue an additional questionnaire. On November 1, 2010, we received 
individually filed case briefs from Suzhou and Fenglian. On November 9, 
2010, we received a single rebuttal brief from Petitioners.\2\ We did 
not receive any case or rebuttal briefs from any other interested 
parties.
---------------------------------------------------------------------------

    \2\ The petitioners are the members of the American Honey 
Producers Association and the Sioux Honey Association (hereinafter 
referred to as ``Petitioners'').
---------------------------------------------------------------------------

Extension of Time Limits

    On October 6, 2010, the Department extended the time limit for 
these final results by 90 days to January 31, 2011.\3\
---------------------------------------------------------------------------

    \3\ See Honey From the People's Republic of China: Extension of 
Time Limit for the Final Results for New Shipper Review, 75 FR 61697 
(October 6, 2010).
---------------------------------------------------------------------------

Scope of the Order

    The products covered by the 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.

[[Page 4290]]

    The merchandise subject to the order is currently classifiable 
under subheadings 0409.00.00, 1702.90.90 and 2106.90.99 of the 
Harmonized Tariff Schedule of the United States (``HTSUS''). Although 
the HTSUS subheadings are provided for convenience and customs 
purposes, the Department's written description of the merchandise under 
order is dispositive.

Analysis of Comments Received

    All issues raised in the briefs by parties to these reviews are 
addressed in the ``New Shipper Reviews of Honey from the People's 
Republic of China: Issues and Decision Memorandum,'' dated January 31, 
2010, which is hereby adopted by this notice (``Issues and Decision 
Memo''). A list of the issues which parties raised and to which we 
respond in the Issues and Decision Memo is attached to this notice as 
an Appendix. The Issues and Decision Memo is a public document and is 
on file in the Central Records Unit (``CRU''), main Commerce building, 
Room 7046, and is accessible on the Web at http://www.trade.gov/ia. The 
paper copy and electronic version of the memorandum are identical in 
content.

Changes Since the Preliminary Results

    We have made no changes to our preliminary decision to rescind the 
NSRs of Suzhou and Fenglian.

Final Rescission of New Shipper Reviews

    In the Preliminary Results, the Department preliminarily rescinded 
the NSRs for Suzhou and Fenglian, whose POR sales the Department found 
to be non-bona fide.\4\ The Department received comments with respect 
to our preliminary decision to rescind the review. For these final 
results the Department continues to find the sales by Suzhou and 
Fenglian to be non-bona fide.\5\
---------------------------------------------------------------------------

    \4\ See Preliminary Results; see also 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; see also 
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.
    \5\ See Issues and Decision Memorandum at Comments 3 and 4.
---------------------------------------------------------------------------

Cash-Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of these final results 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.

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective order (``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 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)(5).

    Dated: January 13, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.

Appendix I

General Issues

Comment 1: Department's Treatment of Respondents' Post-Preliminary 
Request for Additional Supplemental Questionnaires
Comment 2: Department's Rejection of Respondents' Submission
Comment 3: Accuracy of the CBP Data

Company Specific Issues

Comment 4: Finding that Suzhou's POR Sale was Non-Bona Fide
Comment 5: Finding that Fenglian's Sale was Non-Bona Fide

[FR Doc. 2011-1388 Filed 1-24-11; 8:45 am]
BILLING CODE 3510-DS-P