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

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[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\
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    \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.
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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\
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    \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.
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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\
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    \6\ See sections 776(a) and (b) of the Act.
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    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 https://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 https://trade.gov/enforcement/frn/. The signed Preliminary Decision Memorandum and the 
electronic versions of the Preliminary Decision Memorandum are 
identical in content.
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    \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 https://iaaccess.trade.gov to https://access.trade.gov. 
The Final Rule changing the references to the Regulations can be 
found at 79 FR 69046 (November 20, 2014).
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Preliminary Results of Review

    We preliminarily determine that the following antidumping duty 
margin exists:

[[Page 863]]



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                                                              Margin
                  Manufacturer/exporter                    (dollars per
                                                             kilogram)
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PRC-wide entity (including Kunshan Xinlong Food Co.,                2.63
 Ltd.)..................................................
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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\
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    \8\ See 19 CFR 351.309(c)(1)(ii).
    \9\ See 19 CFR 351.309(c)(2).
    \10\ See 19 CFR 351.309(d).
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    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.
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    \11\ See 19 CFR 351.310(c).
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    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