Honey From the People's Republic of China: Initiation of Antidumping Duty New Shipper Review; 2014-2015, 5710-5711 [2016-02004]

Download as PDF 5710 Federal Register / Vol. 81, No. 22 / Wednesday, February 3, 2016 / Notices results of review.7 Rebuttal briefs and rebuttals to written comments, limited to issues raised in such briefs or comments, may be filed no later than five days after the time limit for filing the case briefs.8 Any interested party may request a hearing within 30 days of publication of these preliminary results.9 Hearing requests should contain the following information: (1) The party’s name, address, and telephone number; (2) the number of participants; and (3) a list of the issues to be discussed. Oral presentations will be limited to issues raised in the briefs. If a request for a hearing is made, parties will be notified of the time and date for the hearing to be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.10 The Department intends to issue the final results of these new shipper reviews, which will include the results of its analysis of issues raised in all comments and at any hearing, within 90 days of publication of these preliminary results, pursuant to section 751(a)(2)(B)(iv) of the Act. mstockstill on DSK4VPTVN1PROD with NOTICES Assessment Rates Upon completion of the final results, pursuant to 19 CFR 351.212(b), the Department will determine, and U.S. Customs Border and Protection (‘‘CBP’’) shall assess, antidumping duties on all appropriate entries on a per-unit basis for HHFISH. The Department intends to issue assessment instructions to CBP 15 days after the date of publication of the final results of review. Pursuant to 19 CFR 351.212(b)(1), we will calculate importer-specific (or customer) per-unit duty assessment rates. We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review if any importer-specific assessment rate calculated in the final results of this review is above de minimis. The final results of these reviews shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of these reviews and for future deposits of estimated duties, where applicable. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this new shipper review for all shipments of subject merchandise from HHFISH entered, or withdrawn from warehouse, 7 See 19 CFR 351.309(c)(1)(ii). 19 CFR 351.309(d)(1)–(2). 9 See 19 CFR 351.310(c). 10 See 19 CFR 351.310(d). 8 See VerDate Sep<11>2014 19:14 Feb 02, 2016 for consumption on or after the publication date, as provided for by section 751(a)(2)(C) of the Act: (1) For subject merchandise produced and exported by HHFISH, the cash deposit rate will be the rate established in the final results of this review (except, if a rate is zero or de minimis, no cash deposit will be required); (2) for subject merchandise exported by HHFISH but not manufactured by HHFISH, the cash deposit rate will continue to be the Vietnam-wide rate (i.e., $2.39 per kilogram); and (3) for subject merchandise manufactured by the HHFISH, but exported by any other party, the cash deposit rate will be the rate applicable to the exporter. These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Interested Parties This notice 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 POR. 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. We are issuing and publishing these results in accordance with sections 751(a)(2)(B) and 777(i)(1) of the Act. Dated: January 21, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. List of Topics Discussed in the Preliminary Decision Memorandum 1. Summary 2. Background 3. Scope of the Order 4. Discussion of the Methodology 5. Bona Fides Analysis 6. Non-Market Economy Country 7. Separate Rates 8. Surrogate Country 9. Economic Comparability 10. Significant Producers of Identical or Comparable Merchandise 11. Data Availability 12. Determination of a Comparison Method 13. Fair Value Comparisons 14. U.S. Price 15. Normal Value 16. Factor Valuations 17. Currency Conversion 18. Conclusion and Recommendation [FR Doc. 2016–02005 Filed 2–2–16; 8:45 am] BILLING CODE 3510–DS–P Jkt 238001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration [A–570–863] Honey From the People’s Republic of China: Initiation of Antidumping Duty New Shipper Review; 2014–2015 Enforcement and Compliance, International Trade Administration, Department of Commerce. ACTION: Notice. AGENCY: The Department of Commerce (‘‘the Department’’) is initiating a new shipper review (‘‘NSR’’) of the antidumping duty (‘‘AD’’) order on honey from the People’s Republic of China (‘‘PRC’’) with respect to Shanghai Sunbeauty Trading Co., Ltd. (‘‘Shanghai Sunbeauty’’). The period of review (‘‘POR’’) for this NSR is December 01, 2014, through November 30, 2015. DATES: Effective Date: February 3, 2016. FOR FURTHER INFORMATION CONTACT: Jessica Weeks, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: 202– 482–4877. SUPPLEMENTARY INFORMATION: SUMMARY: Background The AD order on honey was published in the Federal Register on December 10, 2001.1 On December 17, 2015, pursuant to section 751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (‘‘the Act’’), and 19 CFR 351.214(b), the Department received a NSR request from Shanghai Sunbeauty.2 Shanghai Sunbeauty certified that it is the exporter of the subject merchandise upon which the request is based and that its affiliate, Xiping Haina Trade Co., Ltd., is the producer of the subject merchandise.3 Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(b)(2)(ii), Shanghai Sunbeauty certified that it did not export subject merchandise to the United States during the period of investigation (‘‘POI’’).4 Further, Xiping Haina Trade Co., Ltd. certified that it is the producer of the subject merchandise upon which the request is based. In 1 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’’). 2 See Letter from Shanghai Sunbeauty, ‘‘Honey from the People’s Republic of China: Request for New Shipper Review,’’ dated December 17, 2015 (‘‘NSR Request’’). 3 Id., at 1–2 and Exhibit 1. 4 Id. E:\FR\FM\03FEN1.SGM 03FEN1 Federal Register / Vol. 81, No. 22 / Wednesday, February 3, 2016 / Notices addition, pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), Shanghai Sunbeauty certified that, since the initiation of the investigation, it has never been affiliated with any PRC exporter or producer who exported subject merchandise to the United States during the POI, including those respondents not individually examined during the investigation.5 As required by 19 CFR 351.214(b)(2)(iii)(B), Shanghai Sunbeauty also certified that its export activities were not controlled by the government of the PRC.6 In addition to the certifications described above, pursuant to 19 CFR 351.214(b)(2)(iv), Shanghai Sunbeauty submitted documentation establishing the following: (1) The date on which it first shipped subject merchandise for export to the United States; (2) the volume of its first shipment and subsequent shipments; and (3) the date of its first sale to an unaffiliated customer in the United States.7 Finally, the Department conducted a U.S. Customs and Border Protection (‘‘CBP’’) database query and confirmed the price and quantity reported by Shanghai Sunbeauty.8 Initiation of New Shipper Review Pursuant to section 751(a)(2)(B) of the Act, 19 CFR 351.214(b), and 19 CFR 351.214(d)(1), and based on the evidence provided by Shanghai Sunbeauty, we find that its request meets the threshold requirements for initiation of the NSR for shipments of honey from the PRC produced by Xiping Haina Trade Co., Ltd. and exported by Shanghai Sunbeauty.9 The POR is December 01, 2014, through November 30, 2015.10 If the information supplied by Shanghai Sunbeauty is found to be incorrect or insufficient during the course of this proceeding, the Department may rescind the review for Shanghai Sunbeauty or apply facts available pursuant to section 776 of the Act, depending on the facts on the record. Absent a determination that the new shipper review is extraordinarily complicated, the Department intends to 5 Id. 6 Id. 7 Id., at 4 and Exhibit 2. Memorandum to the File from Catherine Bertrand, Program Manager, AD/CVD Operations, Office V regarding ‘‘U.S. Customs and Border Protection Query Results for Shanghai Sunbeauty Co., Ltd.’’ dated concurrently with this notice. 9 See Memorandum to the File, from Jessica Weeks, International Trade Compliance Analyst, ‘‘Honey from the People’s Republic of China: New Shipper Initiation Checklist,’’ dated concurrently with this notice. 10 See 19 CFR 351.214(g)(1)(ii)(B). mstockstill on DSK4VPTVN1PROD with NOTICES 8 See VerDate Sep<11>2014 19:14 Feb 02, 2016 Jkt 238001 issue the preliminary results of this NSR within 180 days from the date of initiation and the final results within 90 days after the date on which the preliminary results are issued.11 It is the Department’s usual practice, in cases involving non-market economies (‘‘NMEs’’), to require that a company seeking to establish eligibility for an antidumping duty rate separate from the NME entity-wide rate provide evidence of de jure and de facto absence of government control over the company’s export activities. Accordingly, we will issue questionnaires to Shanghai Sunbeauty that will include a section requesting information concerning its eligibility for a separate rate. The NSR will proceed if the responses provide sufficient indication that Shanghai Sunbeauty is not subject to either de jure or de facto government control with respect to its exports of subject merchandise. We will instruct CBP to allow, at the option of the importer, the posting, until the completion of this review, of a bond or security in lieu of a cash deposit for each entry of the subject merchandise from the requesting companies in accordance with section 751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because Shanghai Sunbeauty certified that its affiliate Xiping Haina Trade Co., Ltd. produced the subject merchandise which Shanghai Sunbeauty exported, the sales of which are the basis for the NSR request, we will instruct CBP to permit the use of a bond only for subject merchandise which Xiping Haina Trade Co., Ltd produced and Shanghai Sunbeauty exported. Interested parties requiring access to proprietary information in this NSR should submit applications for disclosure under administrative protective order, in accordance with 19 CFR 351.305 and 19 CFR 351.306. This initiation and notice are in accordance with section 751(a)(2)(B) of the Act, 19 CFR 351.214, and 19 CFR 351.221(c)(1)(i). Dated: January 27, 2016. Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2016–02004 Filed 2–2–16; 8:45 am] BILLING CODE 3510–DS–P 11 See section 751(a)(2)(B)(iv) of the Act and 19 CFR 351.214(i). PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 5711 DEPARTMENT OF COMMERCE International Trade Administration [A–570–979] Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People’s Republic of China: Initiation of Antidumping Duty New Shipper Review Enforcement and Compliance, International Trade Administration, Department of Commerce. ACTION: Notice. AGENCY: The request described below for a new shipper review of the antidumping duty (AD) order on crystalline silicon photovoltaic cells, whether or not assembled into modules, (‘‘solar cells’’) from the People’s Republic of China (‘‘PRC’’) meets the statutory and regulatory requirements for initiation. The period of review (‘‘POR’’) for the new shipper review is December 1, 2014 through November 30, 2015. DATES: Effective Date: February 3, 2016. FOR FURTHER INFORMATION CONTACT: Erin Kearney, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–0167. SUPPLEMENTARY INFORMATION: SUMMARY: Background On December 7, 2012, the Department of Commerce (‘‘Department’’) published the AD order on solar cells from the PRC.1 On December 30, 2015, pursuant to section 751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (the ‘‘Act’’), and 19 CFR 351.214(c), the Department received a timely request for a new shipper review from Anji DaSol Solar Energy Science & Technology Co., Ltd. (‘‘Anji DaSol’’).2 On January 19, 2016, the Department received entry data from U.S. Customs and Border Protection (‘‘CBP’’) related to Anji DaSol’s request for a new shipper review, and on January 21, 2016, we requested comments on the entry data from 1 See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People’s Republic of China: Amended Final Determination of Sales at Less Than Fair Value, and Antidumping Duty Order, 77 FR 73018 (December 7, 2012). 2 See Letter from Anji DaSol to the Secretary of Commerce ‘‘Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People’s Republic of China: Request for New Shipper Review,’’ dated December 30, 2015 (‘‘NSR Request’’). E:\FR\FM\03FEN1.SGM 03FEN1

Agencies

[Federal Register Volume 81, Number 22 (Wednesday, February 3, 2016)]
[Notices]
[Pages 5710-5711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02004]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-863]


Honey From the People's Republic of China: Initiation of 
Antidumping Duty New Shipper Review; 2014-2015

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

ACTION: Notice.

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

SUMMARY: The Department of Commerce (``the Department'') is initiating 
a new shipper review (``NSR'') of the antidumping duty (``AD'') order 
on honey from the People's Republic of China (``PRC'') with respect to 
Shanghai Sunbeauty Trading Co., Ltd. (``Shanghai Sunbeauty''). The 
period of review (``POR'') for this NSR is December 01, 2014, through 
November 30, 2015.

DATES: Effective Date: February 3, 2016.

FOR FURTHER INFORMATION CONTACT: Jessica Weeks, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: 202-482-4877.

SUPPLEMENTARY INFORMATION:

Background

    The AD order on honey was published in the Federal Register on 
December 10, 2001.\1\ On December 17, 2015, pursuant to section 
751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (``the Act''), 
and 19 CFR 351.214(b), the Department received a NSR request from 
Shanghai Sunbeauty.\2\ Shanghai Sunbeauty certified that it is the 
exporter of the subject merchandise upon which the request is based and 
that its affiliate, Xiping Haina Trade Co., Ltd., is the producer of 
the subject merchandise.\3\
---------------------------------------------------------------------------

    \1\ 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'').
    \2\ See Letter from Shanghai Sunbeauty, ``Honey from the 
People's Republic of China: Request for New Shipper Review,'' dated 
December 17, 2015 (``NSR Request'').
    \3\ Id., at 1-2 and Exhibit 1.
---------------------------------------------------------------------------

    Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 
351.214(b)(2)(ii), Shanghai Sunbeauty certified that it did not export 
subject merchandise to the United States during the period of 
investigation (``POI'').\4\ Further, Xiping Haina Trade Co., Ltd. 
certified that it is the producer of the subject merchandise upon which 
the request is based. In

[[Page 5711]]

addition, pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 
351.214(b)(2)(iii)(A), Shanghai Sunbeauty certified that, since the 
initiation of the investigation, it has never been affiliated with any 
PRC exporter or producer who exported subject merchandise to the United 
States during the POI, including those respondents not individually 
examined during the investigation.\5\ As required by 19 CFR 
351.214(b)(2)(iii)(B), Shanghai Sunbeauty also certified that its 
export activities were not controlled by the government of the PRC.\6\
---------------------------------------------------------------------------

    \4\ Id.
    \5\ Id.
    \6\ Id.
---------------------------------------------------------------------------

    In addition to the certifications described above, pursuant to 19 
CFR 351.214(b)(2)(iv), Shanghai Sunbeauty submitted documentation 
establishing the following: (1) The date on which it first shipped 
subject merchandise for export to the United States; (2) the volume of 
its first shipment and subsequent shipments; and (3) the date of its 
first sale to an unaffiliated customer in the United States.\7\
---------------------------------------------------------------------------

    \7\ Id., at 4 and Exhibit 2.
---------------------------------------------------------------------------

    Finally, the Department conducted a U.S. Customs and Border 
Protection (``CBP'') database query and confirmed the price and 
quantity reported by Shanghai Sunbeauty.\8\
---------------------------------------------------------------------------

    \8\ See Memorandum to the File from Catherine Bertrand, Program 
Manager, AD/CVD Operations, Office V regarding ``U.S. Customs and 
Border Protection Query Results for Shanghai Sunbeauty Co., Ltd.'' 
dated concurrently with this notice.
---------------------------------------------------------------------------

Initiation of New Shipper Review

    Pursuant to section 751(a)(2)(B) of the Act, 19 CFR 351.214(b), and 
19 CFR 351.214(d)(1), and based on the evidence provided by Shanghai 
Sunbeauty, we find that its request meets the threshold requirements 
for initiation of the NSR for shipments of honey from the PRC produced 
by Xiping Haina Trade Co., Ltd. and exported by Shanghai Sunbeauty.\9\ 
The POR is December 01, 2014, through November 30, 2015.\10\ If the 
information supplied by Shanghai Sunbeauty is found to be incorrect or 
insufficient during the course of this proceeding, the Department may 
rescind the review for Shanghai Sunbeauty or apply facts available 
pursuant to section 776 of the Act, depending on the facts on the 
record.
---------------------------------------------------------------------------

    \9\ See Memorandum to the File, from Jessica Weeks, 
International Trade Compliance Analyst, ``Honey from the People's 
Republic of China: New Shipper Initiation Checklist,'' dated 
concurrently with this notice.
    \10\ See 19 CFR 351.214(g)(1)(ii)(B).
---------------------------------------------------------------------------

    Absent a determination that the new shipper review is 
extraordinarily complicated, the Department intends to issue the 
preliminary results of this NSR within 180 days from the date of 
initiation and the final results within 90 days after the date on which 
the preliminary results are issued.\11\
---------------------------------------------------------------------------

    \11\ See section 751(a)(2)(B)(iv) of the Act and 19 CFR 
351.214(i).
---------------------------------------------------------------------------

    It is the Department's usual practice, in cases involving non-
market economies (``NMEs''), to require that a company seeking to 
establish eligibility for an antidumping duty rate separate from the 
NME entity-wide rate provide evidence of de jure and de facto absence 
of government control over the company's export activities. 
Accordingly, we will issue questionnaires to Shanghai Sunbeauty that 
will include a section requesting information concerning its 
eligibility for a separate rate. The NSR will proceed if the responses 
provide sufficient indication that Shanghai Sunbeauty is not subject to 
either de jure or de facto government control with respect to its 
exports of subject merchandise.
    We will instruct CBP to allow, at the option of the importer, the 
posting, until the completion of this review, of a bond or security in 
lieu of a cash deposit for each entry of the subject merchandise from 
the requesting companies in accordance with section 751(a)(2)(B)(iii) 
of the Act and 19 CFR 351.214(e). Because Shanghai Sunbeauty certified 
that its affiliate Xiping Haina Trade Co., Ltd. produced the subject 
merchandise which Shanghai Sunbeauty exported, the sales of which are 
the basis for the NSR request, we will instruct CBP to permit the use 
of a bond only for subject merchandise which Xiping Haina Trade Co., 
Ltd produced and Shanghai Sunbeauty exported.
    Interested parties requiring access to proprietary information in 
this NSR should submit applications for disclosure under administrative 
protective order, in accordance with 19 CFR 351.305 and 19 CFR 351.306.
    This initiation and notice are in accordance with section 
751(a)(2)(B) of the Act, 19 CFR 351.214, and 19 CFR 351.221(c)(1)(i).

    Dated: January 27, 2016.
Gary Taverman,
Associate Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2016-02004 Filed 2-2-16; 8:45 am]
 BILLING CODE 3510-DS-P