Honey From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2012-2013, 27633-27635 [2015-11577]
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Federal Register / Vol. 80, No. 93 / Thursday, May 14, 2015 / Notices
Ductile cast iron fittings with
mechanical joint ends (MJ), or push on
ends (PO), or flanged ends and
produced to the American Water Works
Association (‘‘AWWA’’) specifications
AWWA C110 or AWWA C153 are not
included.
Imports of subject merchandise are
currently classifiable in the Harmonized
Tariff Schedule of the United States
(‘‘HTSUS’’) under item numbers
7307.11.00.30, 7307.11.00.60,
7307.19.30.60, 7307.19.30.85,
7326.90.8588. HTSUS subheadings are
provided for convenience and customs
purposes. The written description of the
scope of the order is dispositive.3
Period of Review
The period of review is April 1, 2013,
through March 31, 2014.
Final Results of Review
As noted the Preliminary Results, OIC
has not demonstrated its eligibility for a
separate rate. Thus, for these final
results, the Department continues to
find that OIC is part of the PRC-wide
entity and therefore, subject to the rate
previously established for the PRC-wide
entity (i.e., 75.50 percent).
Assessment
The Department will determine, and
U.S. Customs and Border Protection
(‘‘CBP’’) shall assess, antidumping
duties on all appropriate entries covered
by this review.4 The Department intends
to issue assessment instructions to CBP
15 days after the date of publication of
these final results of review. The
Department intends to instruct CBP to
liquidate entries of subject merchandise
from OIC at the PRC-wide rate of 75.50
percent.
Cash Deposit Requirements
tkelley on DSK3SPTVN1PROD with NOTICES
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 from the PRC
entered, or withdrawn from warehouse,
3 On April 21, 2009, in consultation with CBP, the
Department added the following HTSUS
classification to the AD/CVD module for pipe
fittings: 7326.90.8588. See Memorandum from
Abdelali Elouaradia, Office Director, Import
Administration, Office 4 to Stephen Claeys, Deputy
Assistant Secretary, Import Administration
regarding the Final Scope Ruling on Black Cast Iron
Cast, Green Ductile Flange and Twin Tee,
antidumping duty order on non-malleable iron cast
pipe fittings from China, dated September 19, 2008;
see also Memorandum to the file from Karine
Gziryan, Financial Analyst, Office 4, regarding
Module Update adding Harmonized Tariff Schedule
Number for twin tin fitting included in the scope
of antidumping order on non-malleable iron cast
pipe fittings from China, dated April 22, 2009.
4 See 19 CFR 351.212(b)(1).
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17:59 May 13, 2015
Jkt 235001
for consumption on or after the
publication date, as provided by section
751(a)(2)(C) of the Act: (1) For
previously investigated or reviewed PRC
and non-PRC exporters which are not
under review in this segment of the
proceeding but which have separate
rates, the cash deposit rate will continue
to be the exporter-specific rate
published for the most recent period; (2)
for all PRC exporters of subject
merchandise that have not been found
to be entitled to a separate rate,
including OIC, the cash deposit rate will
be the PRC-wide rate of 75.50 percent;
and (3) 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 nonPRC exporter. These deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers Regarding the
Reimbursement of Duties
This notice serves as a final 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
Department’s presumption that
reimbursement of antidumping duties
has occurred and the subsequent
assessment of doubled antidumping
duties.
Notification to Interested Parties
This notice also serves as a reminder
to parties subject to the administrative
protective order (‘‘APO’’) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
notification of the destruction of APO
materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
We are issuing and publishing these
results and this notice in accordance
with sections 751(a)(1) and 777(i) of the
Act.
Dated: May 7, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2015–11655 Filed 5–13–15; 8:45 am]
BILLING CODE 3510–DS–P
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27633
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–863]
Honey From the People’s Republic of
China: Final Results of Antidumping
Duty Administrative Review; 2012–
2013
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On January 7, 2015, the
Department of Commerce
(‘‘Department’’) published the
preliminary results of the twelfth
administrative review, covering the
period December 1, 2012, through
November 30, 2013, of the antidumping
duty order on honey from the People’s
Republic of China (‘‘PRC’’).1 We gave
interested parties an opportunity to
comment on the Preliminary Results.
After analyzing interested parties’
comments, we made no changes for the
final results of review. The final
antidumping duty margins for this
review are listed in the ‘‘Final Results
of Review’’ section below.
DATES: Effective Date: May 14, 2015.
FOR FURTHER INFORMATION CONTACT:
Irene Gorelik, AD/CVD Operations,
Office V, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–6905.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On January 7, 2015, the Department
published the Preliminary Results of
this administrative review and invited
interested parties to submit comments
on our findings. On February 5, 2015,
the mandatory respondent, Kunshan
Xinlong Food Co., Ltd. (‘‘Kunshan
Xinlong’’), filed a case brief.2 On
February 13, 2015, Petitioners 3 filed a
rebuttal brief. The Department did not
hold a public hearing pursuant to 19
CFR 351.310(d), as interested parties did
not request one. We conducted this
administrative review in accordance
with section 751 of the Tariff Act of
1930, as amended (the ‘‘Act’’).
1 See Honey From the People’s Republic of China:
Preliminary Results of Antidumping Duty
Administrative Review; 2012–2013, 80 FR 862
(January 7, 2015) (‘‘Preliminary Results’’).
2 We note that the case brief was timely filed on
February 5, 2015, despite the erroneous date noted
on the cover letter of the case brief.
3 Petitioners are: American Honey Producers
Association and Sioux Honey Association.
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27634
Federal Register / Vol. 80, No. 93 / Thursday, May 14, 2015 / Notices
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs submitted by parties to
this review are addressed in the
‘‘Administrative Review of Honey from
the People’s Republic of China: Issues
and Decision Memorandum for the
Final Results’’ (‘‘Decision
Memorandum’’), dated concurrently
with and hereby adopted by, this notice.
A list of the issues which parties raised
and to which we respond in the
Decision Memorandum is attached to
this notice as an Appendix. The
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’’). 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
Decision Memorandum on the Internet
at https://trade.gov/enforcement/frn/
index.html. The signed Decision
Memorandum and the electronic
versions of the Decision Memorandum
are identical in content.
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.4 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 is dispositive.5
tkelley on DSK3SPTVN1PROD with NOTICES
PRC-Wide Entity
In the Preliminary Results, the
Department indicated its intention to
make a determination at the final results
with respect to two companies for
which the review was timely
withdrawn: Fuzhou Shenglinmark
Trade Co., Ltd., and Dongtai Peak Honey
Industry Co., Ltd.6 In the Preliminary
4 See Decision Memorandum for a complete
description of the Scope of the Order.
5 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).
6 See Preliminary Results, 80 FR at 862 and
accompanying Preliminary Decision Memorandum
at pages 1–2 and 3–4. See also Letter from
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17:59 May 13, 2015
Jkt 235001
Results, we stated that ‘‘because Fuzhou
Shenglinmark Trade Co., Ltd. and
Dongtai Peak were not eligible for
separate-rate status at the initiation of
the review, the Department’s practice is
to refrain from rescinding the review
with respect to these two companies at
this time . . . ’’ because ‘‘while the
request for review of these companies
was timely withdrawn, we preliminarily
determine that the companies remain
part of the PRC-wide entity, which is
under review for these preliminary
results.’’ 7 We further stated that we
‘‘will make a determination with respect
to the PRC-wide entity at the conclusion
of this review.’’ 8 Because there are no
changes to the facts regarding these two
companies since the Preliminary
Results, we continue to find that Fuzhou
Shenglinmark Trade Co., Ltd., and
Dongtai Peak Honey Industry Co., Ltd.
are part of the PRC-wide entity, which
is under review.
As discussed in the Preliminary
Results, the Department relied on facts
available in making its preliminary
determination with respect to Kunshan
Xinlong, and treated it as part of the
PRC-wide entity. We preliminarily drew
an adverse inference in selecting from
among the facts otherwise available.
Because Kunshan Xinlong, as part of the
PRC-wide entity, withheld requested
information, failed to provide
information in a timely manner and in
the form requested, and significantly
impeded this proceeding, we continue
to find that the PRC-wide entity failed
to cooperate to the best of its ability and,
accordingly, find it appropriate to assign
it a margin based on adverse facts
available (‘‘AFA’’). The Department’s
determination is in accordance with
sections 776(a)(2)(A), (B), (C) and 776(b)
of the Act.9 For a detailed discussion
regarding Kunshan Xinlong, see
Decision Memorandum.
Petitioners re: ‘‘Partial Withdrawal of Request for
12th Administrative Review,’’ dated February 28,
2014.
7 See Preliminary Results, 80 FR at 862 and
accompanying Preliminary Decision Memorandum
at pages 3–4.
8 Id.
9 See, e.g., Non-Malleable Cast Iron Pipe Fittings
from the People’s Republic of China: Final Results
of Antidumping Duty Administrative Review, 71 FR
69546 (December 1, 2006) and accompanying Issues
and Decision Memorandum at Comment 1. See also
Certain Frozen Warmwater Shrimp from the
Socialist Republic of Vietnam: Preliminary Results
of the First Administrative Review and New Shipper
Review, 72 FR 10689, 10692 (March 9, 2007)
(decision to apply total AFA to the NME-wide
entity) unchanged in Certain Frozen Warmwater
Shrimp From the Socialist Republic of Vietnam:
Final Results of the First Antidumping Duty
Administrative Review and First New Shipper
Review, 72 FR 52052 (September 12, 2007).
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Final Results of Review
As a result of this administrative
review, the weighted-average dumping
margin for the POR is as follows:
Manufacturer/exporter
Margin
(dollars per
kilogram)
PRC-wide entity 10 ................
2.63
Assessment
Consistent with these final results,
and pursuant to section 751(a)(2)(C) of
the Act and 19 CFR 351.212(b), the
Department will direct U.S. Customs
and Border Protection (‘‘CBP’’) to assess
antidumping duties on all appropriate
entries. Consistent with AR5 Final
Results, we will direct CBP to assess
importer-specific assessments rates
based on the resulting per-unit (i.e., per
kilogram) amount on each entry of the
subject merchandise during the review
period.11 The Department intends to
issue assessment instructions to CBP 15
days after the publication date of the
final results of this review.
For entries that were not reported in
the U.S. sales database submitted by an
exporter individually examined during
this review, the Department will
instruct CBP to liquidate such entries at
the PRC-wide rate. Additionally, if the
Department determines that an exporter
under review had no shipments of the
subject merchandise, any suspended
entries that entered under that
exporter’s case number will be
liquidated at the PRC-wide rate.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of these final results of
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
exporter listed above, the cash deposit
rate will be 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 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
10 The PRC-wide entity includes: Kunshan
Xinlong Food Co., Ltd., Fuzhou Shenglinmark
Trade Co., Ltd., and Dongtai Peak Honey Industry
Co., Ltd.
11 See Honey from the People’s Republic of China:
Final Results and Rescission, In Part, of Aligned
Antidumping Duty Administrative Review and New
Shipper Review, 73 FR 424321 (July 21, 2008)
(‘‘AR5 Final Results’’).
E:\FR\FM\14MYN1.SGM
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Federal Register / Vol. 80, No. 93 / Thursday, May 14, 2015 / Notices
deposit rate will continue to be the
exporter-specific rate published for the
most recent period; (3) for all PRC
exporters of subject merchandise which
have not been found to be entitled to a
separate rate, the cash deposit rate will
be the PRC-wide rate $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 exporters that
supplied that non-PRC exporter. These
deposit requirements, when imposed,
shall remain in effect until further
notice.
Reimbursement of Duties
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR 351.402(f)
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 Department’s presumption
that reimbursement of antidumping
duties has occurred and the subsequent
assessment of doubled antidumping
duties.
Administrative Protective Order
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
administrative review and notice in
accordance with sections 751(a)(1) and
777(i) of the Act.
Dated: May 7, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
tkelley on DSK3SPTVN1PROD with NOTICES
Appendix—List of Topics Discussed in
the Decision Memorandum
I. Summary
II. Background
1. Scope of the Order
2. Case Timeline
III. Discussion of the Issues
Comment 1: Whether the Department’s
Rejection of Kunshan Xinlong’s PostDeadline Extension Requests Was
Appropriate
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17:59 May 13, 2015
Jkt 235001
Comment 2: Whether the Department
Properly Disallowed Kunshan Xinlong to
Submit a Supplemental Section C
Questionnaire Response
Comment 3: Whether the Adverse
Inference Is Appropriate
Comment 4: Whether the AFA Rate Is
Appropriate
IV. Recommendation
[FR Doc. 2015–11577 Filed 5–13–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–025, C–533–862, C–523–811]
Certain Polyethylene Terephthalate
Resin From the People’s Republic of
China, India and the Sultanate of
Oman: Postponement of Preliminary
Determinations in the Countervailing
Duty Investigations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
FOR FURTHER INFORMATION CONTACT:
David Cordell (India) at (202) 482–0408,
Ilissa Shefferman (People’s Republic of
China) at (202) 482–4684, and Thomas
Martin (Sultanate of Oman) at (202)
482–3935, AD/CVD Operations,
Enforcement and Compliance,
International Trade Administration,
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
On March 30, 2015, the Department of
Commerce (the Department) initiated
countervailing duty investigations on
certain polyethylene terephthalate resin
from the People’s Republic of China
(PRC), India, and the Sultanate of Oman
(Oman).1 Currently, the preliminary
determinations are due no later than
June 3, 2015.
Postponement of the Preliminary
Determination
Section 703(b)(1) of the Tariff Act of
1930, as amended (the Act), requires the
Department to issue the preliminary
determination in a countervailing duty
investigation within 65 days after the
date on which the Department initiated
the investigation. However, if the
petitioner makes a timely request for an
extension in accordance with 19 CFR
351.205(e), section 703(c)(1)(A) of the
Act allows the Department to postpone
1 See Certain Polyethylene Terephthalate Resin
from the People’s Republic of China, India, and the
Sultanate of Oman: Initiation of Countervailing
Duty Investigations, 80 FR 18376 (April 6, 2015).
Frm 00008
the preliminary determination until no
later than 130 days after the date on
which the Department initiated the
investigation.
On May 4, 2015, the petitioners 2
submitted a timely request pursuant to
section 703(c)(1)(A) of the Act and 19
CFR 351.205(e) to postpone the
preliminary determinations.3 Therefore,
in accordance with section 703(c)(1)(A)
of the Act, we are fully extending the
due date for the preliminary
determination to not later than 130 days
after the day on which the investigation
was initiated. As a result, the deadline
for completion of the preliminary
determination is now August 7, 2015.
This notice is issued and published
pursuant to section 703(c)(2) of the Act
and 19 CFR 351.205(f)(1).
Dated: May 7, 2015.
Ronald K Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2015–11654 Filed 5–13–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XD773
Takes of Marine Mammals Incidental to
Specified Activities; Marine
Geophysical Survey in the Northwest
Atlantic Ocean Offshore New Jersey,
June to August, 2015
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of an incidental
harassment authorization.
AGENCY:
Background
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27635
Fmt 4703
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In accordance with the
Marine Mammal Protection Act
(MMPA) implementing regulations, we
hereby give notice that we have issued
an Incidental Harassment Authorization
(Authorization) to Lamont-Doherty
Earth Observatory (Lamont-Doherty), a
component of Columbia University, in
collaboration with the National Science
Foundation (NSF), to take marine
mammals, by harassment, incidental to
conducting a marine geophysical
(seismic) survey in the northwest
Atlantic Ocean off the New Jersey coast
June through August, 2015.
SUMMARY:
2 DAK Americas, LLC, M&G Chemicals, and Nan
Ya Plastics Corporation, America, (the petitioners).
3 See Letters from Petitioners, entitled
‘‘Polyethylene Terephthalate Resin From the
People’s Republic of China, India and Sultanate of
Oman: Petitioners’ Request for Extension of the
Preliminary Determination,’’ dated May 4, 2015.
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]]>Agencies
[Federal Register Volume 80, Number 93 (Thursday, May 14, 2015)]
[Notices]
[Pages 27633-27635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-11577]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-863]
Honey From the People's Republic of China: Final Results of
Antidumping Duty Administrative Review; 2012-2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On January 7, 2015, the Department of Commerce
(``Department'') published the preliminary results of the twelfth
administrative review, covering the period December 1, 2012, through
November 30, 2013, of the antidumping duty order on honey from the
People's Republic of China (``PRC'').\1\ We gave interested parties an
opportunity to comment on the Preliminary Results. After analyzing
interested parties' comments, we made no changes for the final results
of review. The final antidumping duty margins for this review are
listed in the ``Final Results of Review'' section below.
---------------------------------------------------------------------------
\1\ See Honey From the People's Republic of China: Preliminary
Results of Antidumping Duty Administrative Review; 2012-2013, 80 FR
862 (January 7, 2015) (``Preliminary Results'').
---------------------------------------------------------------------------
DATES: Effective Date: May 14, 2015.
FOR FURTHER INFORMATION CONTACT: Irene Gorelik, AD/CVD Operations,
Office V, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-6905.
SUPPLEMENTARY INFORMATION:
Background
On January 7, 2015, the Department published the Preliminary
Results of this administrative review and invited interested parties to
submit comments on our findings. On February 5, 2015, the mandatory
respondent, Kunshan Xinlong Food Co., Ltd. (``Kunshan Xinlong''), filed
a case brief.\2\ On February 13, 2015, Petitioners \3\ filed a rebuttal
brief. The Department did not hold a public hearing pursuant to 19 CFR
351.310(d), as interested parties did not request one. We conducted
this administrative review in accordance with section 751 of the Tariff
Act of 1930, as amended (the ``Act'').
---------------------------------------------------------------------------
\2\ We note that the case brief was timely filed on February 5,
2015, despite the erroneous date noted on the cover letter of the
case brief.
\3\ Petitioners are: American Honey Producers Association and
Sioux Honey Association.
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[[Page 27634]]
Analysis of Comments Received
All issues raised in the case and rebuttal briefs submitted by
parties to this review are addressed in the ``Administrative Review of
Honey from the People's Republic of China: Issues and Decision
Memorandum for the Final Results'' (``Decision Memorandum''), dated
concurrently with and hereby adopted by, this notice. A list of the
issues which parties raised and to which we respond in the Decision
Memorandum is attached to this notice as an Appendix. The 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''). 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 Decision Memorandum on the Internet at https://trade.gov/enforcement/frn/. The signed Decision Memorandum and the
electronic versions of the Decision Memorandum are identical in
content.
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.\4\ 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 is dispositive.\5\
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\4\ See Decision Memorandum for a complete description of the
Scope of the Order.
\5\ 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).
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PRC-Wide Entity
In the Preliminary Results, the Department indicated its intention
to make a determination at the final results with respect to two
companies for which the review was timely withdrawn: Fuzhou
Shenglinmark Trade Co., Ltd., and Dongtai Peak Honey Industry Co.,
Ltd.\6\ In the Preliminary Results, we stated that ``because Fuzhou
Shenglinmark Trade Co., Ltd. and Dongtai Peak were not eligible for
separate-rate status at the initiation of the review, the Department's
practice is to refrain from rescinding the review with respect to these
two companies at this time . . . '' because ``while the request for
review of these companies was timely withdrawn, we preliminarily
determine that the companies remain part of the PRC-wide entity, which
is under review for these preliminary results.'' \7\ We further stated
that we ``will make a determination with respect to the PRC-wide entity
at the conclusion of this review.'' \8\ Because there are no changes to
the facts regarding these two companies since the Preliminary Results,
we continue to find that Fuzhou Shenglinmark Trade Co., Ltd., and
Dongtai Peak Honey Industry Co., Ltd. are part of the PRC-wide entity,
which is under review.
---------------------------------------------------------------------------
\6\ See Preliminary Results, 80 FR at 862 and accompanying
Preliminary Decision Memorandum at pages 1-2 and 3-4. See also
Letter from Petitioners re: ``Partial Withdrawal of Request for 12th
Administrative Review,'' dated February 28, 2014.
\7\ See Preliminary Results, 80 FR at 862 and accompanying
Preliminary Decision Memorandum at pages 3-4.
\8\ Id.
---------------------------------------------------------------------------
As discussed in the Preliminary Results, the Department relied on
facts available in making its preliminary determination with respect to
Kunshan Xinlong, and treated it as part of the PRC-wide entity. We
preliminarily drew an adverse inference in selecting from among the
facts otherwise available. Because Kunshan Xinlong, as part of the PRC-
wide entity, withheld requested information, failed to provide
information in a timely manner and in the form requested, and
significantly impeded this proceeding, we continue to find that the
PRC-wide entity failed to cooperate to the best of its ability and,
accordingly, find it appropriate to assign it a margin based on adverse
facts available (``AFA''). The Department's determination is in
accordance with sections 776(a)(2)(A), (B), (C) and 776(b) of the
Act.\9\ For a detailed discussion regarding Kunshan Xinlong, see
Decision Memorandum.
---------------------------------------------------------------------------
\9\ See, e.g., Non-Malleable Cast Iron Pipe Fittings from the
People's Republic of China: Final Results of Antidumping Duty
Administrative Review, 71 FR 69546 (December 1, 2006) and
accompanying Issues and Decision Memorandum at Comment 1. See also
Certain Frozen Warmwater Shrimp from the Socialist Republic of
Vietnam: Preliminary Results of the First Administrative Review and
New Shipper Review, 72 FR 10689, 10692 (March 9, 2007) (decision to
apply total AFA to the NME-wide entity) unchanged in Certain Frozen
Warmwater Shrimp From the Socialist Republic of Vietnam: Final
Results of the First Antidumping Duty Administrative Review and
First New Shipper Review, 72 FR 52052 (September 12, 2007).
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Final Results of Review
As a result of this administrative review, the weighted-average
dumping margin for the POR is as follows:
------------------------------------------------------------------------
Margin
Manufacturer/exporter (dollars per
kilogram)
------------------------------------------------------------------------
PRC-wide entity 10..................................... 2.63
------------------------------------------------------------------------
Assessment
Consistent with these final results, and pursuant to section
751(a)(2)(C) of the Act and 19 CFR 351.212(b), the Department will
direct U.S. Customs and Border Protection (``CBP'') to assess
antidumping duties on all appropriate entries. Consistent with AR5
Final Results, we will direct CBP to assess importer-specific
assessments rates based on the resulting per-unit (i.e., per kilogram)
amount on each entry of the subject merchandise during the review
period.\11\ The Department intends to issue assessment instructions to
CBP 15 days after the publication date of the final results of this
review.
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\10\ The PRC-wide entity includes: Kunshan Xinlong Food Co.,
Ltd., Fuzhou Shenglinmark Trade Co., Ltd., and Dongtai Peak Honey
Industry Co., Ltd.
\11\ See Honey from the People's Republic of China: Final
Results and Rescission, In Part, of Aligned Antidumping Duty
Administrative Review and New Shipper Review, 73 FR 424321 (July 21,
2008) (``AR5 Final Results'').
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For entries that were not reported in the U.S. sales database
submitted by an exporter individually examined during this review, the
Department will instruct CBP to liquidate such entries at the PRC-wide
rate. Additionally, if the Department determines that an exporter under
review had no shipments of the subject merchandise, any suspended
entries that entered under that exporter's case number will be
liquidated at the PRC-wide rate.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of these final results of 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 exporter
listed above, the cash deposit rate will be 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 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
[[Page 27635]]
deposit rate will continue to be the exporter-specific rate published
for the most recent period; (3) for all PRC exporters of subject
merchandise which have not been found to be entitled to a separate
rate, the cash deposit rate will be the PRC-wide rate $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 exporters that supplied that non-PRC
exporter. These deposit requirements, when imposed, shall remain in
effect until further notice.
Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) 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 Department's presumption that
reimbursement of antidumping duties has occurred and the subsequent
assessment of doubled antidumping duties.
Administrative Protective Order
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 administrative review and notice
in accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: May 7, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Decision Memorandum
I. Summary
II. Background
1. Scope of the Order
2. Case Timeline
III. Discussion of the Issues
Comment 1: Whether the Department's Rejection of Kunshan
Xinlong's Post-Deadline Extension Requests Was Appropriate
Comment 2: Whether the Department Properly Disallowed Kunshan
Xinlong to Submit a Supplemental Section C Questionnaire Response
Comment 3: Whether the Adverse Inference Is Appropriate
Comment 4: Whether the AFA Rate Is Appropriate
IV. Recommendation
[FR Doc. 2015-11577 Filed 5-13-15; 8:45 am]
BILLING CODE 3510-DS-P
