Honey From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2012-2013, 862-863 [2014-30852]

Download as PDF 862 Federal Register / Vol. 80, No. 4 / Wednesday, January 7, 2015 / Notices and U.S. Customs and Border Protection (CBP) shall assess, countervailing duties on all appropriate entries covered by this review. We intend to issue instructions to CBP 15 days after publication of the final results of this review. Cash Deposit Requirements Also in accordance with section 751(a)(1) of the Act, the Department intends to instruct CBP to collect cash deposits of estimated countervailing duties in the amounts shown above for each of the respective companies listed above. For all non-reviewed firms, we will instruct CBP to continue to collect cash deposits at the most recent company specific or all-others rate applicable to the company. These cash deposit requirements, when imposed, shall remain in effect until further notice. This administrative review and notice are in accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213. Dated: December 30, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Preliminary Decision Memorandum: 1. Summary 2. Background 3. Scope of the Order 4. Intent to Partially Rescind Administrative Review 5. Subsidies Valuation Information 6. Analysis of Programs 7. Recommendation [FR Doc. 2015–00037 Filed 1–6–15; 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: Preliminary Results of Antidumping Duty Administrative Review; 2012–2013 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: In response to requests from interested parties, the Department of Commerce (‘‘Department’’) is conducting an administrative review of the antidumping duty order on honey from the People’s Republic of China (‘‘PRC’’). The period of review (‘‘POR’’) is December 1, 2012, through November 30, 2013. As discussed below, during rljohnson on DSK3VPTVN1PROD with NOTICES AGENCY: VerDate Sep<11>2014 15:01 Jan 06, 2015 Jkt 235001 the review, because the single mandatory respondent, Kunshan Xinlong Food Co., Ltd. (‘‘Kunshan Xinlong’’), did not cooperate, the Department preliminarily determines to treat this company as part of the PRCwide entity. If these preliminary results are adopted in the final results of review, the Department will instruct U.S. Customs and Border Protection (‘‘CBP’’) to assess antidumping duties on entries of subject merchandise during the POR. DATES: Effective Date: January 7, 2015. FOR FURTHER INFORMATION CONTACT: Irene Gorelik, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–6905. SUPPLEMENTARY INFORMATION: Background On February 3, 2014, the Department initiated an administrative review of the antidumping duty Order 1 on honey from the PRC.2 On February 28, 2014, Petitioners 3 withdrew their request for an administrative review for all companies under review except Kunshan Xinlong.4 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 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 the order is dispositive.5 1 See Notice Of Antidumping Duty Order and Amendment to Final Determination: Honey from the People’s Republic of China, 66 FR 59026 (December 10, 2001) (‘‘Order’’). 2 See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 79 FR 6147 (February 3, 2014) (‘‘Initiation’’). 3 Petitioners are: American Honey Producers Association and Sioux Honey Association. 4 See Letter from Petitioners re: ‘‘Petitioners’ Partial Withdrawal of Request for 12th Administrative Review,’’ dated February 28, 2014. 5 For the complete description of the scope of the Order, see ‘‘Decision Memorandum for the PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 Methodology The Department conducted this review in accordance with section 751(a)(2) of the Tariff Act of 1930, as amended (‘‘the Act’’). In making our findings, we have relied on facts available, and because the single mandatory respondent, Kunshan Xinlong, which we preliminarily are treating as part of the PRC-wide entity, did not act to the best of its ability to respond to the Department’s requests for information, we have drawn an adverse inference in selecting from among the facts otherwise available.6 For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum, dated concurrently with these results and hereby adopted by this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (‘‘ACCESS’’).7 ACCESS is available to registered users at http://access.trade.gov and to all parties in the Central Records Unit (‘‘CRU’’), Room 7046 of the main Department of Commerce building. In addition, parties can obtain a complete version of the Preliminary Decision Memorandum on the Internet at http:// trade.gov/enforcement/frn/index.html. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content. Preliminary Results of Review We preliminarily determine that the following antidumping duty margin exists: Preliminary Results of the 2012–2013 Administrative Review: Honey from the People’s Republic of China,’’ from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Import Administration, (‘‘Preliminary Decision Memorandum’’), dated concurrently with this notice. 6 See sections 776(a) and (b) of the Act. 7 On November 24, 2014, Enforcement and Compliance changed the name of Enforcement and Compliance’s AD and CVD Centralized Electronic Service System (‘‘IA ACCESS’’) to AD and CVD Centralized Electronic Service System (‘‘ACCESS’’). The Web site location was changed from http:// iaaccess.trade.gov to http://access.trade.gov. The Final Rule changing the references to the Regulations can be found at 79 FR 69046 (November 20, 2014). E:\FR\FM\07JAN1.SGM 07JAN1 Federal Register / Vol. 80, No. 4 / Wednesday, January 7, 2015 / Notices Manufacturer/exporter Margin (dollars per kilogram) rljohnson on DSK3VPTVN1PROD with NOTICES PRC-wide entity (including Kunshan Xinlong Food Co., Ltd.) ........................... 2.63 Disclosure and Public Comment Normally, the Department discloses to interested parties the calculations performed in connection with a preliminary results within five days of the date of publication of the notice of preliminary results in the Federal Register, in accordance with 19 CFR 351.224(b). However, because the Department preliminarily applied adverse facts available to the PRC-wide entity, including Kunshan Xinlong, pursuant to section 776 of the Act, there are no calculations to disclose, the determination for which is fully discussed in the Preliminary Decision Memorandum. Interested parties are invited to comment on the preliminary results and may submit case briefs and/or written comments no later than 30 days after the date of publication of these preliminary results.8 A table of contents, list of authorities used, and an executive summary of issues should accompany any briefs submitted to the Department.9 Rebuttal briefs, limited to issues raised in the case briefs, will be due five days later.10 Interested parties who wish to request a hearing, or to participate if one is requested, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, filed electronically in ACCESS. An electronically filed document must be received successfully in its entirety in ACCESS, by 5:00 p.m. Eastern Standard Time, within 30 days after the date of publication of this notice.11 Hearing requests should contain the party’s name, address, and telephone number, the number of participants, and a list of the issues you intend to present at the hearing. If a request for a hearing is made, the Department intends to hold the hearing at the U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, at a time and location to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. The Department intends to issue the final results of this administrative 8 See 19 CFR 351.309(c)(1)(ii). 19 CFR 351.309(c)(2). 10 See 19 CFR 351.309(d). 11 See 19 CFR 351.310(c). 9 See VerDate Sep<11>2014 15:01 Jan 06, 2015 Jkt 235001 review, including the results of our analysis of issues raised in the written comments, within 120 days of publication of these preliminary results in the Federal Register. Assessment Rates Upon issuance of the final results, the Department will determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review. 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 the final results of this 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 the rate 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 rate 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 recently completed period; (3) for all PRC exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be the PRC-wide rate of $2.63 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 exporter(s) that supplied that non-PRC exporter. These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also 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 review period. 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. This notice is published in accordance with sections 751(a)(1) and PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 863 777(i)(1) of the Act and 19 CFR 351.221(b)(4). Dated: December 29, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background 1. Initiation 2. Period of Review 3. Scope of the Order III. Discussion of the Methodology 1. Non-Market Economy Country 2. Separate Rates 3. Withdrawal of Requests for Review 4. Use of Facts Available and AFA A. Background and Basis for Use of Facts Available B. Application of Facts Available and Selection Based Upon Adverse Inferences for the PRC-Wide Entity 5. Corroboration of AFA Rate IV. Conclusion [FR Doc. 2014–30852 Filed 1–6–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–489–805] Certain Pasta From Turkey: Preliminary Results of Antidumping Duty New Shipper Review; 2013–2014 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: In response to a request from respondent Bessan Makarna Gida San. ¸ Ve Tic. A.S. (Bessan), the Department of ¸ Commerce (the Department) is conducting a new shipper review of the antidumping duty order on certain pasta (pasta) from Turkey. The period of review (POR) is July 1, 2013, through January 31, 2014. We preliminarily find that Bessan did not sell subject ¸ merchandise at prices below normal value (NV) during the POR. If these preliminary results are adopted in our final results of this review, we will instruct U.S. Customs and Border Protection (CBP) to liquidate entries of merchandise produced by Bessan ¸ without regard to antidumping duties. We invite interested parties to comment on these preliminary results. DATES: Effective Date: January 7, 2015. FOR FURTHER INFORMATION CONTACT: Tyler Weinhold or Robert James, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., AGENCY: E:\FR\FM\07JAN1.SGM 07JAN1

Agencies

[Federal Register Volume 80, Number 4 (Wednesday, January 7, 2015)]
[Notices]
[Pages 862-863]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-30852]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-863]


Honey From the People's Republic of China: Preliminary Results of 
Antidumping Duty Administrative Review; 2012-2013

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: In response to requests from interested parties, the 
Department of Commerce (``Department'') is conducting an administrative 
review of the antidumping duty order on honey from the People's 
Republic of China (``PRC''). The period of review (``POR'') is December 
1, 2012, through November 30, 2013. As discussed below, during the 
review, because the single mandatory respondent, Kunshan Xinlong Food 
Co., Ltd. (``Kunshan Xinlong''), did not cooperate, the Department 
preliminarily determines to treat this company as part of the PRC-wide 
entity. If these preliminary results are adopted in the final results 
of review, the Department will instruct U.S. Customs and Border 
Protection (``CBP'') to assess antidumping duties on entries of subject 
merchandise during the POR.

DATES: Effective Date: January 7, 2015.

FOR FURTHER INFORMATION CONTACT: Irene Gorelik, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 14th Street and Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-6905.

SUPPLEMENTARY INFORMATION:

Background

    On February 3, 2014, the Department initiated an administrative 
review of the antidumping duty Order \1\ on honey from the PRC.\2\ On 
February 28, 2014, Petitioners \3\ withdrew their request for an 
administrative review for all companies under review except Kunshan 
Xinlong.\4\
---------------------------------------------------------------------------

    \1\ See Notice Of Antidumping Duty Order and Amendment to Final 
Determination: Honey from the People's Republic of China, 66 FR 
59026 (December 10, 2001) (``Order'').
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 79 FR 
6147 (February 3, 2014) (``Initiation'').
    \3\ Petitioners are: American Honey Producers Association and 
Sioux Honey Association.
    \4\ See Letter from Petitioners re: ``Petitioners' Partial 
Withdrawal of Request for 12th Administrative Review,'' dated 
February 28, 2014.
---------------------------------------------------------------------------

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 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 the order is dispositive.\5\
---------------------------------------------------------------------------

    \5\ For the complete description of the scope of the Order, see 
``Decision Memorandum for the Preliminary Results of the 2012-2013 
Administrative Review: Honey from the People's Republic of China,'' 
from Christian Marsh, Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations, to Paul Piquado, Assistant Secretary 
for Import Administration, (``Preliminary Decision Memorandum''), 
dated concurrently with this notice.
---------------------------------------------------------------------------

Methodology

    The Department conducted this review in accordance with section 
751(a)(2) of the Tariff Act of 1930, as amended (``the Act''). In 
making our findings, we have relied on facts available, and because the 
single mandatory respondent, Kunshan Xinlong, which we preliminarily 
are treating as part of the PRC-wide entity, did not act to the best of 
its ability to respond to the Department's requests for information, we 
have drawn an adverse inference in selecting from among the facts 
otherwise available.\6\
---------------------------------------------------------------------------

    \6\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------

    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum, dated 
concurrently with these results and hereby adopted by this notice. The 
Preliminary Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System 
(``ACCESS'').\7\ ACCESS is available to registered users at http://access.trade.gov and to all parties in the Central Records Unit 
(``CRU''), Room 7046 of the main Department of Commerce building. In 
addition, parties can obtain a complete version of the Preliminary 
Decision Memorandum on the Internet at http://trade.gov/enforcement/frn/index.html. The signed Preliminary Decision Memorandum and the 
electronic versions of the Preliminary Decision Memorandum are 
identical in content.
---------------------------------------------------------------------------

    \7\ On November 24, 2014, Enforcement and Compliance changed the 
name of Enforcement and Compliance's AD and CVD Centralized 
Electronic Service System (``IA ACCESS'') to AD and CVD Centralized 
Electronic Service System (``ACCESS''). The Web site location was 
changed from http://iaaccess.trade.gov to http://access.trade.gov. 
The Final Rule changing the references to the Regulations can be 
found at 79 FR 69046 (November 20, 2014).
---------------------------------------------------------------------------

Preliminary Results of Review

    We preliminarily determine that the following antidumping duty 
margin exists:

[[Page 863]]



------------------------------------------------------------------------
                                                              Margin
                  Manufacturer/exporter                    (dollars per
                                                             kilogram)
------------------------------------------------------------------------
PRC-wide entity (including Kunshan Xinlong Food Co.,                2.63
 Ltd.)..................................................
------------------------------------------------------------------------

Disclosure and Public Comment

    Normally, the Department discloses to interested parties the 
calculations performed in connection with a preliminary results within 
five days of the date of publication of the notice of preliminary 
results in the Federal Register, in accordance with 19 CFR 351.224(b). 
However, because the Department preliminarily applied adverse facts 
available to the PRC-wide entity, including Kunshan Xinlong, pursuant 
to section 776 of the Act, there are no calculations to disclose, the 
determination for which is fully discussed in the Preliminary Decision 
Memorandum.
    Interested parties are invited to comment on the preliminary 
results and may submit case briefs and/or written comments no later 
than 30 days after the date of publication of these preliminary 
results.\8\ A table of contents, list of authorities used, and an 
executive summary of issues should accompany any briefs submitted to 
the Department.\9\ Rebuttal briefs, limited to issues raised in the 
case briefs, will be due five days later.\10\
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.309(c)(1)(ii).
    \9\ See 19 CFR 351.309(c)(2).
    \10\ See 19 CFR 351.309(d).
---------------------------------------------------------------------------

    Interested parties who wish to request a hearing, or to participate 
if one is requested, must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, U.S. Department of Commerce, 
filed electronically in ACCESS. An electronically filed document must 
be received successfully in its entirety in ACCESS, by 5:00 p.m. 
Eastern Standard Time, within 30 days after the date of publication of 
this notice.\11\ Hearing requests should contain the party's name, 
address, and telephone number, the number of participants, and a list 
of the issues you intend to present at the hearing. If a request for a 
hearing is made, the Department intends to hold the hearing at the U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230, at a time and location to be determined. Parties 
should confirm by telephone the date, time, and location of the hearing 
two days before the scheduled date.
---------------------------------------------------------------------------

    \11\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

    The Department intends to issue the final results of this 
administrative review, including the results of our analysis of issues 
raised in the written comments, within 120 days of publication of these 
preliminary results in the Federal Register.

Assessment Rates

    Upon issuance of the final results, the Department will determine, 
and CBP shall assess, antidumping duties on all appropriate entries 
covered by this review. 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 the final results of this 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 the rate 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 rate 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 recently completed period; (3) for all PRC 
exporters of subject merchandise that have not been found to be 
entitled to a separate rate, the cash deposit rate will be the PRC-wide 
rate of $2.63 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 exporter(s) that 
supplied that non-PRC exporter. These deposit requirements, when 
imposed, shall remain in effect until further notice.

Notification to Importers

    This notice also 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 review period. 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.
    This notice is published in accordance with sections 751(a)(1) and 
777(i)(1) of the Act and 19 CFR 351.221(b)(4).

    Dated: December 29, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
    1. Initiation
    2. Period of Review
    3. Scope of the Order
III. Discussion of the Methodology
    1. Non-Market Economy Country
    2. Separate Rates
    3. Withdrawal of Requests for Review
    4. Use of Facts Available and AFA
    A. Background and Basis for Use of Facts Available
    B. Application of Facts Available and Selection Based Upon 
Adverse Inferences for the PRC-Wide Entity
    5. Corroboration of AFA Rate
IV. Conclusion

[FR Doc. 2014-30852 Filed 1-6-15; 8:45 am]
BILLING CODE 3510-DS-P