Honey From the People's Republic of China: Final Rescission of the New Shipper Review of Shanghai Sunbeauty Trading Co., Ltd., 15697-15698 [2017-06286]

Download as PDF Federal Register / Vol. 82, No. 60 / Thursday, March 30, 2017 / Notices scope if application of either the nominal or actual measurement would place it within the scope based on the definitions set forth above. The products under investigation are currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheadings 7607.11.3000, 7607.11.6000, 7607.11.9030, 7607.11.9060, 7607.11.9090, and 7607.19.6000. Further, merchandise that falls within the scope of this proceeding may also be entered into the United States under HTSUS subheadings 7606.11.3060, 7606.11.6000, 7606.12.3045, 7606.12.3055, 7606.12.3090, 7606.12.6000, 7606.91.3090, 7606.91.6080, 7606.92.3090, and 7606.92.6080. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this proceeding is dispositive. [FR Doc. 2017–06389 Filed 3–29–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Background For a complete description of the events that followed the publication of the Preliminary Rescission,1 see the Issues and Decision Memorandum.2 A list of topics included in the Issues and Decision Memorandum is included as an Appendix to this notice. The Issues and 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 http:// access.trade.gov, and to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic version of the Issues and Decision Memorandum are identical in content. [A–570–863] Scope of the Order Honey From the People’s Republic of China: Final Rescission of the New Shipper Review of Shanghai Sunbeauty Trading Co., Ltd. The products covered by this 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 subject merchandise includes all grades and colors of honey whether in liquid, creamed, comb, cut comb, or chunk form, and whether packaged for retail or in bulk form. The merchandise subject to this 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 under order is dispositive. Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On December 6, 2016, the Department of Commerce (the Department) published its Preliminary Rescission for the new shipper review (NSR) of the antidumping duty order on honey from the People’s Republic of China (PRC). The period of review is December 1, 2014, through November 30, 2015. As discussed below, we preliminarily determined to rescind this review because we found the new shipper sales of Shanghai Sunbeauty Trading Co., Ltd. (Sunbeauty) to be nonbona fide. Based on our analysis of the comments received, we make no changes to the Preliminary Rescission. Accordingly, we have determined to rescind this NSR with respect to Sunbeauty. AGENCY: Analysis of Comments Received All issues raised in the case briefs by parties are addressed in the Issues and Decision Memorandum.3 A list of the 1 See DATES: Effective March 30, 2017. asabaliauskas on DSK3SPTVN1PROD with NOTICES FOR FURTHER INFORMATION CONTACT: Kabir Archuletta or Carrie Bethea, AD/ CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–2593 or (202) 482–1491, respectively. SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 19:09 Mar 29, 2017 Jkt 241001 Honey from the People’s Republic of China: Preliminary Intent to Rescind New Shipper Review, 81 FR 87906, (December 6, 2016) (Preliminary Rescission). 2 See Memorandum to Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, from James Doyle, Director, Office V, Antidumping and Countervailing Duty Operations, entitled, ‘‘Issues and Decision Memorandum for the Final Rescission of the Antidumping Duty New Shipper Review of Honey from the People’s Republic of China: Shanghai Sunbeauty Trading Co. Ltd.,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 3 See Issues and Decision Memorandum. PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 15697 issues which parties raised is attached to this notice as an Appendix. Final Rescission of Sunbeauty’s New Shipper Review In the Preliminary Rescission, we announced our preliminary intent to rescind this review, because we found that Sunbeauty’s sales are non-bona fide and could not be relied upon to calculate a dumping margin. Based on the Department’s complete analysis of all the information and comments on the record of this review, we make no changes to the Preliminary Rescission. Accordingly, we have determined to rescind this NSR with respect to Sunbeauty. For a complete discussion, see the Preliminary Bona Fides Memo,4 the Final Business Proprietary Memo,5 and the Issues and Decision Memorandum. Assessment As the Department is rescinding this NSR, we have not calculated a company-specific dumping margin for Sunbeauty. Sunbeauty’s entries covered by this NSR will be assessed at the cash deposit rate required at the time of entry, which is the PRC-wide rate (i.e., $2.63 per kilogram). Cash Deposit Requirements Effective upon publication of this notice of the final rescission of the NSR of Sunbeauty, the Department will instruct U.S. Customs and Border Protection to discontinue the option of posting a bond or security in lieu of a cash deposit for entries of subject merchandise from Sunbeauty. The following cash deposit requirements will be effective upon publication of these final results for all shipments of subject merchandise from Sunbeauty entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided for by section 751(a)(2)(C) of Tariff Act of 1930, as amended (the Act): (1) For subject merchandise produced and exported by Sunbeauty, the cash deposit rate will continue to be the PRC-wide 4 See Memorandum to James C. Doyle, Director, Office V from Carrie Bethea, International Trade Compliance Analyst, Office V, entitled, ‘‘Bona Fides Analysis of Honey from the People’s Republic of China for Shanghai Sunbeauty Trading Co., Ltd.,’’ dated November 30, 2016 (Preliminary Bona Fides Memo). 5 Memorandum to the File, entitled, ‘‘Business Proprietary Information Memo for Shanghai Sunbeauty Trading Co., Ltd.,’’ dated concurrently with the Memorandum to Ronald K. Lorentzen from Gary Taverman, entitled, ‘‘Issues and Decision Memorandum for the Final Rescission of the Antidumping Duty New Shipper Review of Honey from the People’s Republic of China: Shanghai Sunbeauty Trading Co., Ltd.’’ (Final Business Proprietary Information Memo). E:\FR\FM\30MRN1.SGM 30MRN1 15698 Federal Register / Vol. 82, No. 60 / Thursday, March 30, 2017 / Notices rate (i.e., $2.63 per kilogram); (2) for subject merchandise exported by Sunbeauty but not manufactured by Sunbeauty, the cash deposit rate will continue to be the PRC-wide rate (i.e., $2.63 per kilogram); and (3) for subject merchandise manufactured by Sunbeauty, 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. Notifications to Importers 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 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. Administrative Protective Orders This notice also serves as a reminder to parties subject to administrative protective orders (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. The Department is issuing and publishing these results in accordance with sections 751(a)(2)(B) and 777(i) of the Act and 19 CFR 351.214 and 19 CFR 351.221(b)(5). Dated: March 24, 2017. Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. asabaliauskas on DSK3SPTVN1PROD with NOTICES Appendix—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Issues Issue: Bona Fide Nature of Sunbeauty’s Sales V. Recommendation [FR Doc. 2017–06286 Filed 3–29–17; 8:45 a.m.] BILLING CODE 3510–DS–P VerDate Sep<11>2014 19:09 Mar 29, 2017 Jkt 241001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XF323 New England Fishery Management Council; Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a public meeting. AGENCY: The New England Fishery Management Council (Council, NEFMC) will hold a three-day meeting to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). DATES: The meeting will be held on Tuesday, Wednesday, and Thursday, April 18, 19, and 20, 2017, beginning at 9 a.m. on April 18, 8:30 a.m. on April 19, and 8:30 a.m. on April 20. ADDRESSES: The meeting will be held at the Hilton Mystic, 20 Coogan Blvd., Mystic, CT 06355; telephone: (860) 572– 0731; online at http://www3.hilton.com/ en/hotels/connecticut/hilton-mysticMYSMHHF/index.html. Council address: New England Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950; telephone: (978) 465–0492; www.nefmc.org. SUMMARY: FOR FURTHER INFORMATION CONTACT: Thomas A. Nies, Executive Director, New England Fishery Management Council; telephone: (978) 465–0492, ext. 113. SUPPLEMENTARY INFORMATION: Agenda Tuesday, April 18, 2017 After introductions and brief announcements, the meeting will begin with reports from the Council Chairman and Executive Director, NMFS’s Regional Administrator for the Greater Atlantic Regional Fisheries Office (GARFO), liaisons from the Northeast Fisheries Science Center (NEFSC) and Mid-Atlantic Fishery Management Council, representatives from NOAA General Counsel and the Office of Law Enforcement, and staff from the Atlantic States Marine Fisheries Commission (ASMFC) and the U.S. Coast Guard. Following these reports, the Council will hear from its Scallop Committee, which will provide a progress report on 2017 work priorities. The Council also potentially may initiate a framework adjustment to the Atlantic Sea Scallop Fishery Management Plan to address PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 Northern Gulf of Maine Management Area issues. After a lunch break, the Council will hear from its Skate Committee, which will provide a summary of comments received during recent scoping hearings for Amendment 5 to the Northeast Skate Complex Fishery Management Plan. The Council also will review and may consider revising the existing control dates for the skate bait and skate nonbait (wing) fisheries. The Council will close out the day with a report from its Habitat Committee, which first will present an overview of input received during two mid-March coral workshops. These workshops were held in New Bedford, MA and Portsmouth, NH with active fishermen to help refine the alternatives in the Council’s Draft Omnibus Deep-Sea Coral Amendment. The Council then will identify preferred alternatives in the amendment to send to public hearing. Finally, the Council will receive a progress report on the Clam Dredge Exemption Area Framework Adjustment, which is under development. Wednesday, April 19, 2017 The second day of the meeting will begin with an Ecosystem Status Report by NEFSC staff to update the Council on the state of the Northeast Continental Shelf ecosystem. This report will be followed by an update from the Council’s Ecosystem-Based Fishery Management Committee on developing a worked example of harvest control rules for ecosystem management. Next, the Northeast Fisheries Science Center will provide a presentation on the Standardized Bycatch Reporting Methodology and outline steps for improvement. GARFO staff will summarize the peer review that was conducted regarding in-season discard estimation methods, known as the Discard Methodology Review. Members of the public then will be able to speak during an open comment period on issues that relate to Council business but are not included on the published agenda for this meeting. The Council asks the public to limit remarks to 3–5 minutes. After a lunch break, the Whiting Committee will be up first. The Council will review and is expected to approve the range of limited access, permitting, and possession limit alternatives for the Draft Environmental Impact Statement for Amendment 22 to the Northeast Multispecies Fishery Management Plan. Amendment 22, referred to as ‘‘the whiting amendment,’’ is focused on small-mesh multispecies. After that, the Council will spend the remainder of the afternoon on research-related issues. E:\FR\FM\30MRN1.SGM 30MRN1

Agencies

[Federal Register Volume 82, Number 60 (Thursday, March 30, 2017)]
[Notices]
[Pages 15697-15698]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06286]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-863]


Honey From the People's Republic of China: Final Rescission of 
the New Shipper Review of Shanghai Sunbeauty Trading Co., Ltd.

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On December 6, 2016, the Department of Commerce (the 
Department) published its Preliminary Rescission for the new shipper 
review (NSR) of the antidumping duty order on honey from the People's 
Republic of China (PRC). The period of review is December 1, 2014, 
through November 30, 2015. As discussed below, we preliminarily 
determined to rescind this review because we found the new shipper 
sales of Shanghai Sunbeauty Trading Co., Ltd. (Sunbeauty) to be non-
bona fide. Based on our analysis of the comments received, we make no 
changes to the Preliminary Rescission. Accordingly, we have determined 
to rescind this NSR with respect to Sunbeauty.

DATES: Effective March 30, 2017.

FOR FURTHER INFORMATION CONTACT: Kabir Archuletta or Carrie Bethea, AD/
CVD Operations, Office V, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-2593 or (202) 
482-1491, respectively.

SUPPLEMENTARY INFORMATION:

Background

    For a complete description of the events that followed the 
publication of the Preliminary Rescission,\1\ see the Issues and 
Decision Memorandum.\2\ A list of topics included in the Issues and 
Decision Memorandum is included as an Appendix to this notice. The 
Issues and 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 http://access.trade.gov, and 
to all parties in the Central Records Unit, Room B8024 of the main 
Department of Commerce building. In addition, a complete version of the 
Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic version of the 
Issues and Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \1\ See Honey from the People's Republic of China: Preliminary 
Intent to Rescind New Shipper Review, 81 FR 87906, (December 6, 
2016) (Preliminary Rescission).
    \2\ See Memorandum to Gary Taverman, Associate Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, from 
James Doyle, Director, Office V, Antidumping and Countervailing Duty 
Operations, entitled, ``Issues and Decision Memorandum for the Final 
Rescission of the Antidumping Duty New Shipper Review of Honey from 
the People's Republic of China: Shanghai Sunbeauty Trading Co. 
Ltd.,'' dated concurrently with, and hereby adopted by, this notice 
(Issues and Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order

    The products covered by this 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 subject merchandise includes 
all grades and colors of honey whether in liquid, creamed, comb, cut 
comb, or chunk form, and whether packaged for retail or in bulk form.
    The merchandise subject to this 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 under order is 
dispositive.

Analysis of Comments Received

    All issues raised in the case briefs by parties are addressed in 
the Issues and Decision Memorandum.\3\ A list of the issues which 
parties raised is attached to this notice as an Appendix.
---------------------------------------------------------------------------

    \3\ See Issues and Decision Memorandum.
---------------------------------------------------------------------------

Final Rescission of Sunbeauty's New Shipper Review

    In the Preliminary Rescission, we announced our preliminary intent 
to rescind this review, because we found that Sunbeauty's sales are 
non-bona fide and could not be relied upon to calculate a dumping 
margin. Based on the Department's complete analysis of all the 
information and comments on the record of this review, we make no 
changes to the Preliminary Rescission. Accordingly, we have determined 
to rescind this NSR with respect to Sunbeauty. For a complete 
discussion, see the Preliminary Bona Fides Memo,\4\ the Final Business 
Proprietary Memo,\5\ and the Issues and Decision Memorandum.
---------------------------------------------------------------------------

    \4\ See Memorandum to James C. Doyle, Director, Office V from 
Carrie Bethea, International Trade Compliance Analyst, Office V, 
entitled, ``Bona Fides Analysis of Honey from the People's Republic 
of China for Shanghai Sunbeauty Trading Co., Ltd.,'' dated November 
30, 2016 (Preliminary Bona Fides Memo).
    \5\ Memorandum to the File, entitled, ``Business Proprietary 
Information Memo for Shanghai Sunbeauty Trading Co., Ltd.,'' dated 
concurrently with the Memorandum to Ronald K. Lorentzen from Gary 
Taverman, entitled, ``Issues and Decision Memorandum for the Final 
Rescission of the Antidumping Duty New Shipper Review of Honey from 
the People's Republic of China: Shanghai Sunbeauty Trading Co., 
Ltd.'' (Final Business Proprietary Information Memo).
---------------------------------------------------------------------------

Assessment

    As the Department is rescinding this NSR, we have not calculated a 
company-specific dumping margin for Sunbeauty. Sunbeauty's entries 
covered by this NSR will be assessed at the cash deposit rate required 
at the time of entry, which is the PRC-wide rate (i.e., $2.63 per 
kilogram).

Cash Deposit Requirements

    Effective upon publication of this notice of the final rescission 
of the NSR of Sunbeauty, the Department will instruct U.S. Customs and 
Border Protection to discontinue the option of posting a bond or 
security in lieu of a cash deposit for entries of subject merchandise 
from Sunbeauty. The following cash deposit requirements will be 
effective upon publication of these final results for all shipments of 
subject merchandise from Sunbeauty entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of Tariff Act of 1930, as amended 
(the Act): (1) For subject merchandise produced and exported by 
Sunbeauty, the cash deposit rate will continue to be the PRC-wide

[[Page 15698]]

rate (i.e., $2.63 per kilogram); (2) for subject merchandise exported 
by Sunbeauty but not manufactured by Sunbeauty, the cash deposit rate 
will continue to be the PRC-wide rate (i.e., $2.63 per kilogram); and 
(3) for subject merchandise manufactured by Sunbeauty, 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.

Notifications to Importers

    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 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.

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective orders (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.
    The Department is issuing and publishing these results in 
accordance with sections 751(a)(2)(B) and 777(i) of the Act and 19 CFR 
351.214 and 19 CFR 351.221(b)(5).

    Dated: March 24, 2017.
Gary Taverman,
Associate Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.

Appendix--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
    Issue: Bona Fide Nature of Sunbeauty's Sales
V. Recommendation

[FR Doc. 2017-06286 Filed 3-29-17; 8:45 a.m.]
BILLING CODE 3510-DS-P