Honey From the People's Republic of China: Affirmative Final Determination of Circumvention of the Antidumping Duty Order, 50464-50465 [2012-20548]

Download as PDF 50464 Federal Register / Vol. 77, No. 162 / Tuesday, August 21, 2012 / Notices 2. Status reports by working group chairs. 3. Public comments and Proposals. ACTION: Notice of Affirmative Final Determination of Circumvention of Antidumping Duty Order. Closed Session On June 21, 2012, the Department of Commerce (‘‘Department’’) published in the Federal Register the affirmative Preliminary Determination 1 of this anticircumvention inquiry, and determined that blends of honey and rice syrup are subject to the antidumping duty Order on honey from the People’s Republic of China (‘‘PRC’’).2 We gave interested parties an opportunity to comment on the Preliminary Determination. None were submitted. As a result, we are making no changes from the Preliminary Determination for this final determination. DATES: Effective Date: August 21, 2012. FOR FURTHER INFORMATION CONTACT: Catherine Bertrand, telephone: (202) 482–3207, or Josh Startup, telephone: (202) 482–5260; AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: SUMMARY: 4. Discussion of matters determined to be exempt from the provisions relating to public meetings found in 5 U.S.C. app. 2 §§ 10(a)(1) and 10(a)(3). The open session will be accessible via teleconference to 20 participants on a first come, first serve basis. To join the conference, submit inquiries to Ms. Yvette Springer at Yvette.Springer@bis.doc.gov no later than September 6, 2012. A limited number of seats will be available during the public session of the meeting. Reservations are not accepted. To the extent time permits, members of the public may present oral statements to the Committee. The public may submit written statements at any time before or after the meeting. However, to facilitate distribution of public presentation materials to Committee members, the Committee suggests that presenters forward the public presentation materials prior to the meeting to Ms. Springer via email. The Assistant Secretary for Administration, with the concurrence of the delegate of the General Counsel, formally determined on October 21, 2011, pursuant to Section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. app. 2 § (10)(d)), that the portion of the meeting dealing with pre-decisional changes to the Commerce Control List and U.S. export control policies shall be exempt from the provisions relating to public meetings found in 5 U.S.C. app. 2 §§ 10(a)(1) and 10(a)(3). The remaining portions of the meeting will be open to the public. For more information, call Yvette Springer at (202) 482–2813. Dated: August 15, 2012. Yvette Springer, Committee Liaison Officer. [FR Doc. 2012–20528 Filed 8–20–12; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE International Trade Administration pmangrum on DSK3VPTVN1PROD with NOTICES [A–570–863] Honey From the People’s Republic of China: Affirmative Final Determination of Circumvention of the Antidumping Duty Order Import Administration, International Trade Administration, Department of Commerce. AGENCY: VerDate Mar<15>2010 15:31 Aug 20, 2012 Jkt 226001 Background On June 21, 2012, the Department published the affirmative Preliminary Determination of circumvention of the antidumping Order on honey from the PRC. The Department did not receive any comments from interested parties on this determination. Changes Since the Preliminary Determination We have not made any changes to the Preliminary Determination. 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. The merchandise subject to the order is currently classifiable under 1 See Honey from the People’s Republic of China: Affirmative Preliminary Determination of Circumvention of the Antidumping Duty Order, 77 FR 37378 (June 21, 2012) (‘‘Preliminary Determination’’). 2 See Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order; Honey From the People’s Republic of China, 66 FR 63670 (December 10, 2001) (‘‘Order’’). PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 subheadings 0409.00.00, 1702.90.90, 2106.90.99, 0409.00.0010, 0409.00.0035, 0409.00.0005, 0409.00.0045, 0409.00.0056, and 0409.00.0065 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. Merchandise Subject to the Anticircumvention Inquiry The merchandise subject to the anticircumvention inquiry are blends of honey and rice syrup, regardless of the percentage of honey they contain, from the PRC. International Trade Commission Notification In accordance with section 781(d) of the Tariff Act of 1930, as amended (‘‘the Act’’), we notified the International Trade Commission (‘‘ITC’’) of the proposed inclusion of blends of honey and rice syrup in the antidumping duty order on honey from the PRC.3 The ITC determined that consultations were not necessary.4 Final Affirmative Determination of Circumvention As there is no basis for the Department to reconsider its decision, we continue to find that blends of honey and rice syrup are later-developed merchandise. As explained in the Preliminary Determination, the evidence on the record demonstrates that blends of honey and rice syrup were not commercially available at the time that the investigation was initiated and these blends are materially different from the merchandise under consideration at the time of the investigation and, in particular, different from the honey blends specifically excluded under the Order. Additionally, all honey rice syrup blends, regardless of the percentage of honey they contain, meet the criteria under sections 781(d)(1)(A–E) of the Act. Therefore, the Department determines that blends of honey and rice syrup, regardless of the percentage of honey they contain, from the PRC are later-developed merchandise within the meaning of section 781(d) of the Act, and are within the scope of the Order. 3 See the Department’s letter to the ITC dated May 14, 2012, Re: Anticircumvention Inquiry of the Antidumping Duty Order on Honey from the People’s Republic of China. 4 See Memorandum To: The File, From: Josh Startup Trade Compliance Analyst, Office 9 Import Administration Re: Letter from the International Trade Commission (‘‘ITC’’) Regarding the Anticircumvention Inquiry, dated July 17, 2012, at Attachment 1. E:\FR\FM\21AUN1.SGM 21AUN1 Federal Register / Vol. 77, No. 162 / Tuesday, August 21, 2012 / Notices Continuation of Suspension of Liquidation In accordance with 19 CFR 351.225(l)(2) and (3), we will instruct U.S. Customs and Border Protection to continue to suspend liquidation of all entries of blends of honey and rice syrup, from the PRC that were entered, or withdrawn from warehouse, for consumption on or after December 7, 2011, the date of initiation of this anticircumvention inquiry. Administrative Protective Order In accordance with 19 CFR 351.305(a)(3), 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 the APO, 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 subject to sanction. This determination is issued and published in accordance with section 781(d) of the Act and 19 CFR 351.225(j). Dated: August 14, 2012. Paul Piquado, Assistant Secretary for Import Administration. [FR Doc. 2012–20548 Filed 8–20–12; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–485–805] Certain Small Diameter Carbon and Alloy Seamless Standard, Line and Pressure Pipe From Romania: Preliminary Results of Antidumping Duty Administrative Review pmangrum on DSK3VPTVN1PROD with NOTICES VerDate Mar<15>2010 15:31 Aug 20, 2012 Jkt 226001 Background On August 10, 2000, the Department published the antidumping duty order on certain small diameter carbon and alloy seamless standard, line and pressure pipe (small diameter seamless pipe) from Romania.1 On August 31, 2011, pursuant to section 751(a)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.213(b), AMTP, a Romanian producer and exporter of the subject merchandise, requested an administrative review of itself. On October 3, 2011, in accordance with 19 CFR 351.221(c)(1)(i), we published a notice of initiation of administrative review of the order.2 We are conducting the administrative review of the order in accordance with section 751(a) of the Act. On January 30, 2012, the petitioner, United States Steel Corporation (the petitioner) alleged that AMTP made sales of small diameter seamless pipe from Romania at prices below the cost of production (COP) in its home market during the POR.3 The Department determined that this allegation was timely filed in accordance with 19 CFR 351.301(d)(2)(ii). On February 24, 2012, we initiated a sales-below-cost investigation with respect to AMTP.4 Scope of the Order Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on certain small diameter carbon and alloy seamless standard, line and pressure pipe from Romania. The review covers one producer/exporter of the subject merchandise, ArcelorMittal Tubular Products Roman S.A. (AMTP). The period of review (POR) is August 1, 2010, through July 31, 2011. We preliminarily determine that AMTP did AGENCY: not sell the subject merchandise at less than normal value during the POR. We invite interested parties to comment on these preliminary results. DATES: Effective Date: August 21, 2012. FOR FURTHER INFORMATION CONTACT: Thomas Schauer or Minoo Hatten, AD/ CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–0410 or (202) 482– 1690, respectively. SUPPLEMENTARY INFORMATION: For purposes of this review, the products covered include small diameter seamless carbon and alloy (other than stainless) steel standard, line, and pressure pipes and redraw 1 See Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Small Diameter Carbon and Alloy Seamless Standard, Line and Pressure Pipe From Romania, 65 FR 48963 (August 10, 2000). 2 See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part, 76 FR 61076 (October 3, 2011). 3 See letter from the petitioner dated January 30, 2012. 4 See Memorandum to Susan Kuhbach dated February 24, 2012. PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 50465 hollows produced, or equivalent, to the American Society for Testing and Materials (ASTM) A–53, ASTM A–106, ASTM A–333, ASTM A–334, ASTM A– 335, ASTM A–589, ASTM A–795, and the American Petroleum Institute (API) 5L specifications and meeting the physical parameters described below, regardless of application. The scope of this review also include all products used in standard, line, or pressure pipe applications and meeting the physical parameters described below, regardless of specification. Specifically included within the scope of this review are seamless pipes and redraw hollows, less than or equal to 4.5 inches (114.3 mm) in outside diameter, regardless of wallthickness, manufacturing process (hot finished or cold-drawn), end finish (plain end, beveled end, upset end, threaded, or threaded and coupled), or surface finish. The merchandise subject to this review is typically classified in the HTSUS at subheadings: 7304.10.10.20, 7304.10.50.20, 7304.19.10.20, 7304.19.50.20, 7304.31.30.00, 7304.31.60.50, 7304.39.00.16, 7304.39.00.20, 7304.39.00.24, 7304.39.00.28, 7304.39.00.32, 7304.51.50.05, 7304.51.50.60, 7304.59.60.00, 7304.59.80.10, 7304.59.80.15, 7304.59.80.20, and 7304.59.80.25. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise under review is dispositive. Specifications, Characteristics, and Uses: Seamless pressure pipes are intended for the conveyance of water, steam, petrochemicals, chemicals, oil products, natural gas and other liquids and gasses in industrial piping systems. They may carry these substances at elevated pressures and temperatures and may be subject to the application of external heat. Seamless carbon steel pressure pipe meeting the ASTM A–106 standard may be used in temperatures of up to 1000 degrees Fahrenheit, at various American Society of Mechanical Engineers (ASME) code stress levels. Alloy pipes made to ASTM A–335 standard must be used if temperatures and stress levels exceed those allowed for ASTM A–106. Seamless pressure pipes sold in the United States are commonly produced to the ASTM A– 106 standard. Seamless standard pipes are most commonly produced to the ASTM A–53 specification and generally are not intended for high temperature service. They are intended for the low temperature and pressure conveyance of water, steam, natural gas, air and other E:\FR\FM\21AUN1.SGM 21AUN1

Agencies

[Federal Register Volume 77, Number 162 (Tuesday, August 21, 2012)]
[Notices]
[Pages 50464-50465]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-20548]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-863]


Honey From the People's Republic of China: Affirmative Final 
Determination of Circumvention of the Antidumping Duty Order

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

ACTION: Notice of Affirmative Final Determination of Circumvention of 
Antidumping Duty Order.

-----------------------------------------------------------------------

SUMMARY: On June 21, 2012, the Department of Commerce (``Department'') 
published in the Federal Register the affirmative Preliminary 
Determination \1\ of this anticircumvention inquiry, and determined 
that blends of honey and rice syrup are subject to the antidumping duty 
Order on honey from the People's Republic of China (``PRC'').\2\ We 
gave interested parties an opportunity to comment on the Preliminary 
Determination. None were submitted. As a result, we are making no 
changes from the Preliminary Determination for this final 
determination.
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    \1\ See Honey from the People's Republic of China: Affirmative 
Preliminary Determination of Circumvention of the Antidumping Duty 
Order, 77 FR 37378 (June 21, 2012) (``Preliminary Determination'').
    \2\ See Notice of Amended Final Determination of Sales at Less 
Than Fair Value and Antidumping Duty Order; Honey From the People's 
Republic of China, 66 FR 63670 (December 10, 2001) (``Order'').

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DATES: Effective Date: August 21, 2012.

FOR FURTHER INFORMATION CONTACT: Catherine Bertrand, telephone: (202) 
482-3207, or Josh Startup, telephone: (202) 482-5260; AD/CVD 
Operations, Office 9, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On June 21, 2012, the Department published the affirmative 
Preliminary Determination of circumvention of the antidumping Order on 
honey from the PRC. The Department did not receive any comments from 
interested parties on this determination.

Changes Since the Preliminary Determination

    We have not made any changes to the Preliminary Determination.

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.
    The merchandise subject to the order is currently classifiable 
under subheadings 0409.00.00, 1702.90.90, 2106.90.99, 0409.00.0010, 
0409.00.0035, 0409.00.0005, 0409.00.0045, 0409.00.0056, and 
0409.00.0065 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.

Merchandise Subject to the Anticircumvention Inquiry

    The merchandise subject to the anticircumvention inquiry are blends 
of honey and rice syrup, regardless of the percentage of honey they 
contain, from the PRC.

International Trade Commission Notification

    In accordance with section 781(d) of the Tariff Act of 1930, as 
amended (``the Act''), we notified the International Trade Commission 
(``ITC'') of the proposed inclusion of blends of honey and rice syrup 
in the antidumping duty order on honey from the PRC.\3\ The ITC 
determined that consultations were not necessary.\4\
---------------------------------------------------------------------------

    \3\ See the Department's letter to the ITC dated May 14, 2012, 
Re: Anticircumvention Inquiry of the Antidumping Duty Order on Honey 
from the People's Republic of China.
    \4\ See Memorandum To: The File, From: Josh Startup Trade 
Compliance Analyst, Office 9 Import Administration Re: Letter from 
the International Trade Commission (``ITC'') Regarding the Anti-
circumvention Inquiry, dated July 17, 2012, at Attachment 1.
---------------------------------------------------------------------------

Final Affirmative Determination of Circumvention

    As there is no basis for the Department to reconsider its decision, 
we continue to find that blends of honey and rice syrup are later-
developed merchandise. As explained in the Preliminary Determination, 
the evidence on the record demonstrates that blends of honey and rice 
syrup were not commercially available at the time that the 
investigation was initiated and these blends are materially different 
from the merchandise under consideration at the time of the 
investigation and, in particular, different from the honey blends 
specifically excluded under the Order. Additionally, all honey rice 
syrup blends, regardless of the percentage of honey they contain, meet 
the criteria under sections 781(d)(1)(A-E) of the Act. Therefore, the 
Department determines that blends of honey and rice syrup, regardless 
of the percentage of honey they contain, from the PRC are later-
developed merchandise within the meaning of section 781(d) of the Act, 
and are within the scope of the Order.

[[Page 50465]]

Continuation of Suspension of Liquidation

    In accordance with 19 CFR 351.225(l)(2) and (3), we will instruct 
U.S. Customs and Border Protection to continue to suspend liquidation 
of all entries of blends of honey and rice syrup, from the PRC that 
were entered, or withdrawn from warehouse, for consumption on or after 
December 7, 2011, the date of initiation of this anticircumvention 
inquiry.

Administrative Protective Order

    In accordance with 19 CFR 351.305(a)(3), 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 the APO, 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 subject to sanction.
    This determination is issued and published in accordance with 
section 781(d) of the Act and 19 CFR 351.225(j).

    Dated: August 14, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-20548 Filed 8-20-12; 8:45 am]
BILLING CODE 3510-DS-P