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