Honey From the People's Republic of China: Preliminary Rescission of the New Shipper Review and Preliminary Results of the Administrative Review; 2015-2016, 31557-31559 [2017-14277]
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Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Notices
final results of this review; (2) for
merchandise exported by producers or
exporters not covered in this review but
covered in a prior segment of this
proceeding, the cash deposit rate will
continue to be the company-specific rate
published for the most recently
completed segment in which the
company was reviewed; (3) if the
exporter is not a firm covered in this
review or the original less-than-fairvalue (LTFV) investigation, but the
producer is, the cash deposit rate will be
the rate established for the most recently
completed segment of this proceeding
for the producer of the subject
merchandise; and (4) the cash deposit
rate for all other producers or exporters
will continue to be 19.50 percent,14 the
all-others rate established in the LTFV
investigation. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
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
occurred and the subsequent assessment
of double antidumping duties.
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Notification to Interested Parties
Regarding Administrative Protective
Order
This notice also serves as the only
reminder to parties subject to
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), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or 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 this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213(h).
14 See Certain Crystalline Silicon Photovoltaic
Products: Final Determination of Sales at Less Than
Fair Value, 79 FR 76966 (December 23, 2014).
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20:56 Jul 06, 2017
Jkt 241001
Dated: June 29, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. List of Issues
A. SAS-Solartech-Specific Issues
Comment 1: Whether Products Shipped to
the United States are Third-Country
Sales
Comment 2: Whether To Exclude Priced
Sample Sales
Comment 3: Whether To Assign SASSolartech’s Rate to Sunrise Global Solar
Energy
Comment 4: Whether To Revise the MFRH/
U Fields To Reflect the Collapsed Entity
Comment 5: Whether To Revise the Draft
Cash Deposit and Assessment
Instructions
Comment 6: Differential Pricing
Comment 7: Cost of Manufacturing for
Grade 4 Non-Prime Products
Comment 8: Scrap Offset for Two Resold
CONNUMs
Comment 9: Year-End Adjustment for
Items Relating to Profit
Comment 10: Loss in Inventory
Devaluation
Comment 11: Other CPA Adjustment
Comment 12: Scrap Offset
Comment 13: Rental Expenses
Comment 14: Fixed Overhead Costs
Comment 15: G&A and Financial Expenses
B. Motech-Specific Issues
Comment 16: Whether To Apply Partial
AFA to Motech’s Reported Per-Unit
Costs
Comment 17: Whether To Deny Motech’s
Offset for Silver Paste Scrap
Comment 18: Whether To Include Fire
Losses in Motech’s General and
Administrative (‘‘G&A’’) Expenses
Comment 19: Whether To Exclude
Motech’s Reported ‘‘Indirect’’ U.S. Sales
for One Customer
III. Background
IV. Scope of the Order
V. Margin Calculations
VI. Discussion of the Issues
VII. Recommendation
[FR Doc. 2017–14281 Filed 7–6–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–863]
Honey From the People’s Republic of
China: Preliminary Rescission of the
New Shipper Review and Preliminary
Results of the Administrative Review;
2015–2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
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31557
The Department of Commerce
(the Department) aligned the 2015–2016
new shipper review of the antidumping
duty order on honey from the People’s
Republic of China (PRC) with the 2015–
2016 administrative review of the same
order covering the same period of
review (POR), and is therefore
conducting the reviews concurrently.
The POR for the administrative review
and the new shipper review is
December 1, 2015, through November
30, 2016. As discussed below, the
Department is preliminarily rescinding
the new shipper with respect to Jiangsu
Runchen Agricultural/Sideline
Foodstuff Co., Ltd. (Jiangsu Runchen)
and has preliminarily found that
Shanghai Sunbeauty Trading Co., Ltd.
(Sunbeauty) is not eligible to receive a
separate rate.
DATES: Effective July 7, 2017.
FOR FURTHER INFORMATION CONTACT:
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) 482–1491.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
On December 1, 2016, the Department
published a notice of opportunity to
request an AR of the antidumping duty
order on honey from the PRC for the
POR.1 On December 28, 2016,
Sunbeauty requested that the
Department conduct an administrative
review of the sales of subject
merchandise exported by Sunbeauty
during the POR.2 On January 3, 2017,
the American Honey Producers
Association and Sioux Honey Producers
Association (collectively, the
petitioners) requested that the
Department conduct an administrative
review.3 On February 13, 2017, based on
the timely requests for administrative
review, the Department initiated an
administrative review of two exporters/
producers, Shayang Xianghe and
Sunbeauty.4 On February 28, 2017, the
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 81 FR 86694
(December 1, 2016).
2 See Letter to the Secretary from Sunbeauty re:
Request for Administrative Review; 2015–2016,
dated December 28, 2016.
3 See Letter to the Secretary from Petitioners re:
Request for Administrative Review; 2015–2016,
dated January 3, 2017.
4 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 82 FR
10457, 10460 (February 13, 2017) (AR Initiation
Notice); see also Letter to the Secretary from
Petitioners re: Petitioners’ Withdrawal of Request
for Administrative Review of Jiangsu Runchen
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Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Notices
petitioners withdrew their request for
Shayang Xianghe.5 As a result, the
Department rescinded the review with
respect to Shayang Xianghe.6
On February 3, 2017, in response to
a request from Jiangsu Runchen, the
Department published notice of
initiation of a new shipper review of
honey for the period December 1, 2015,
to November 30, 2016.7 On February 15,
2017, the Department aligned the new
shipper review of honey from the PRC
with the concurrent administrative
review of honey from the PRC.8
The Department sent the new shipper
review antidumping duty questionnaire
to Jiangsu Runchen on February 3,
2017.9 The Department issued the
administrative review antidumping duty
questionnaire to Sunbeauty on February
13, 2017.10
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Scope of the Order
The products covered by the order are
natural honey, artificial honey
containing more than 50 percent natural
honey by weight, preparations of natural
honey containing more than 50 percent
natural honey by weight and flavored
honey. The 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 the order
is currently classifiable under
subheadings 0409.00.00, 1702.90.90,
2106.90.99, 0409.00.0010, 0409.00.0035,
0409.00.0005, 0409.00.0045,
0409.00.0056, and 0409.00.0065 of the
Harmonized Tariff Schedule of the
United States (HTSUS). Although the
HTSUS subheadings are provided for
convenience and customs purposes, the
Department’s written description of the
merchandise under the order is
dispositive.
Agricultural/Sideline Foodstuff Co., Ltd., dated
January 26, 2017.
5 See Letter to the Secretary from Petitioners, re:
Petitioners’ Withdrawal of Request for 2015/2016
Administrative Review, in Part, dated February 28,
2017.
6 See Honey from the People’s Republic of China:
Notice of Partial Rescission of Antidumping Duty
Administrative Review; 2015–2016, 82 FR 14503
(March 21, 2017).
7 See Honey from the People’s Republic of China:
Initiation of Antidumping Duty New Shipper
Review; 2015–2016, 82 FR 9192 (February 3, 2017)
(NSR Initiation Notice); see also Letter to the
Secretary from Jiangsu Runchen re: Request for
New-Shipper Review, dated December 23, 2017.
8 See Memorandum regarding: Alignment of the
New Shipper Review of Jiangsu Runchen, dated
February 15, 2017.
9 See Department Letter re: Antidumping Duty
New Shipper Review Questionnaire, dated February
3, 2017.
10 See Department Letter re: Antidumping Duty
Administrative Review Questionnaire, dated
February 13, 2017.
VerDate Sep<11>2014
20:56 Jul 06, 2017
Jkt 241001
Also, included in the scope are blends
of honey and rice syrup, regardless of
the percentage of honey contained in
the blend.
Scope Rulings made between July 1,
2012, and September 30, 2012;
Requestor: The American Honey
Producers Association and the Sioux
Honey Association; blends of honey and
rice syrup, regardless of the percentage
of honey they contain, are laterdeveloped merchandise that are within
the scope of the antidumping duty
order; August 21, 2012.
Methodology
The Department is conducting these
reviews in accordance with sections
751(a)(1), 751(a)(2)(B)(iv), 751(a)(3),
771(i)(1) of the Act, and 19 CFR 351.213
and 351.214. For a full description of
the methodology underlying our
conclusions, see the Preliminary
Decision Memorandum.
The Preliminary Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov and in the
Department’s Central Records Unit,
room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly on the Internet at https://
enforcement.trade.gov/frn/. The signed
Preliminary Decision Memorandum and
the electronic versions of the
Preliminary Decision Memorandum are
identical in content.
Preliminary Rescission of New Shipper
Review
For the reasons detailed in the
Preliminary Decision Memorandum, the
Department preliminarily finds that we
cannot determine whether Jiangsu
Runchen made bona fide sale(s) to the
United States. Consequently, the
Department is preliminarily rescinding
the new shipper review of Jiangsu
Runchen for the period December 1,
2015, through November 30, 2016.
Preliminary Results of Administrative
Review
In making our findings, because
Sunbeauty was unable to provide
evidence of a suspended entry of subject
merchandise into the United States
during the POR and is, thus, ineligible
to receive a separate rate, we are
preliminarily treating Sunbeauty as part
of the PRC-wide entity. For a full
description of the methodology
underlying our preliminary conclusions,
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see the Preliminary Decision
Memorandum.
We preliminarily determine that the
following antidumping duty margin
exists:
Manufacturer/exporter
PRC-wide entity (including
Shanghai Sunbeauty Trading Co., Ltd.) .....................
Margin (dollars
per kilogram)
2.63
Public Comment
Interested parties may submit written
comments by no later than 30 days after
the date of publication of this
preliminary rescission of the new
shipper review and these preliminary
results of the administrative review.11
Rebuttals, limited to issues raised in the
written comments, may be filed by no
later than five days after the written
comments are due.12
Any interested party may request a
hearing within 30 days of publication of
this notice.13 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 20230.14
The Department intends to issue the
final results of these reviews, which will
include the results of its analysis of
issues raised in any such comments,
within 120 days of publication of these
preliminary results, pursuant to section
751(a)(2)(B)(iv) of the Act.
Assessment Rates
Upon completion of the final results
of this new shipper review, pursuant to
19 CFR 351.212(b), the Department will
determine, and the U.S. Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
entries. If we proceed to a final
rescission of the new shipper review,
Jiangsu Runchen’s entries will be
assessed at the rate entered.15 If we do
not proceed to a final rescission of the
new shipper review, pursuant to 19 CFR
351.212(b)(1), we will calculate
importer-specific assessment rates. We
will instruct CBP to assess antidumping
duties on all appropriate entries covered
11 See
19 CFR 351.309(c).
19 CFR 351.309(d).
13 See 19 CFR 351.310(c).
14 See 19 CFR 351.310(d).
15 See 19 CFR 351.106(c)(2).
12 See
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Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Notices
by this review if any importer-specific
assessment rate calculated in the final
results of this review is above de
minimis.16 The Department intends to
issue assessment instructions to CBP 15
days after the publication of the final
results of this new shipper review.
Upon issuance of the final results of
this administrative review, the
Department will determine, and CBP
shall assess antidumping duties on all
appropriate entries. We will instruct
CBP to liquidate entries containing
merchandise from the PRC-wide entity
at the PRC-wide rate we determine in
the final results of the review. If we do
not continue to treat Sunbeauty as part
of the PRC-wide entity, pursuant to 19
CFR 351.212(b)(1), we will calculate
importer-specific 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.17 The Department intends to
issue assessment instructions to CBP 15
days after the publication of the final
results or rescission of this new shipper
review and the final results of this
administrative review.
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided for by section
751(a)(2)(C) of the Act: (1) For the
exporters listed above, the cash deposit
rate will be the rate established in the
final results of this review (except, if the
rate is zero or de minimis, i.e., less than
0.5 percent, no cash deposit rate will be
required for that company); (2) for
previously investigated or reviewed PRC
and non-PRC exporters not listed above
that have separate rates, the cash
deposit rate will continue to be the
exporter-specific rate published for the
most recently completed period; (3) for
all PRC exporters of subject
merchandise that have not been found
to be entitled to a separate rate, the cash
deposit rate will be the PRC-wide rate
of $2.63 per kilogram; and, (4) for all
non-PRC exporters of subject
merchandise which have not received
their own rate, the cash deposit rate will
be the rate applicable to the PRC
exporter(s) that supplied that non-PRC
exporter. These deposit requirements,
16 Id.
17 Id.
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20:56 Jul 06, 2017
Jkt 241001
when imposed, shall remain in effect
until further notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Department’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
This notice also serves as a final
reminder to parties subject to
administrative protective order (APO) in
this administrative review of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or 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)(l)
of the Act, and 19 CFR 351.214 and 19
CFR 351.221(b)(4).
Dated: June 29, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2017–14277 Filed 7–6–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–821–809]
Certain Hot-Rolled Flat-Rolled CarbonQuality Steel Products From the
Russian Federation: Final Results of
Antidumping Duty Administrative
Review; 2014–2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On January 5, 2017, the
Department of Commerce (the
Department) published in the Federal
Register the preliminary results of the
administrative review of the
antidumping duty order on certain hotrolled flat-rolled carbon-quality steel
AGENCY:
PO 00000
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31559
products from the Russian Federation
(Russia). The review covers one
producer/exporter of the subject
merchandise, Severstal PAO and
Severstal Export (collectively,
Severstal). The period of review (POR)
is December 19, 2014, through
November 30, 2015. After our analysis
of the comments and information
received, these final results do not
change from the preliminary results of
review. For the final weighted-average
dumping margins, see the ‘‘Final Results
of Review’’ section below.
DATES: Effective July 7, 2017.
FOR FURTHER INFORMATION CONTACT: John
Drury or Madeline Heeren, AD/CVD
Operations, Office VI, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–5041 or (202) 482–0195,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 5, 2017, the Department
published the Preliminary Results.1 A
summary of the events that occurred
since the Department published these
results, as well as a full discussion of
the issues raised by parties for these
final results, may be found in the Issues
and Decision Memorandum, which is
hereby adopted by this notice.2 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 https://access.trade.gov and it is
available to all parties in the Central
Records Unit, Room B8024 of the main
Department of Commerce building. In
1 The Initiation Notice and Preliminary Results
inadvertently referenced the incorrect order title.
This Federal Register notice and the decision
memorandum accompanying these final results use
the original and correct order title, as reflected in
the 2014 order. See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 81 FR
6832 (February 9, 2016) (Initiation Notice); see also
Certain Hot-Rolled Carbon Steel Flat Products from
the Russian Federation: Preliminary Results of
Antidumping Duty Administrative Review; 2014–
2015, 82 FR 1318 (January 5, 2017) (Preliminary
Results); see also, Termination of the Suspension
Agreement on Hot-Rolled Flat-Rolled CarbonQuality Steel Products from the Russian Federation,
Rescission of 2013–2014 Administrative Review,
and Issuance of Antidumping Duty Order, 79 FR
77455 (December 24, 2014) (AD Order).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the
Administrative Review of the Antidumping Duty
Order on Certain Hot-Rolled Flat-Rolled CarbonQuality Steel Products from the Russian Federation;
2014–2015,’’ dated concurrently with this notice
(Issues and Decision Memorandum).
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]]>Agencies
[Federal Register Volume 82, Number 129 (Friday, July 7, 2017)]
[Notices]
[Pages 31557-31559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14277]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-863]
Honey From the People's Republic of China: Preliminary Rescission
of the New Shipper Review and Preliminary Results of the Administrative
Review; 2015-2016
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) aligned the 2015-
2016 new shipper review of the antidumping duty order on honey from the
People's Republic of China (PRC) with the 2015-2016 administrative
review of the same order covering the same period of review (POR), and
is therefore conducting the reviews concurrently. The POR for the
administrative review and the new shipper review is December 1, 2015,
through November 30, 2016. As discussed below, the Department is
preliminarily rescinding the new shipper with respect to Jiangsu
Runchen Agricultural/Sideline Foodstuff Co., Ltd. (Jiangsu Runchen) and
has preliminarily found that Shanghai Sunbeauty Trading Co., Ltd.
(Sunbeauty) is not eligible to receive a separate rate.
DATES: Effective July 7, 2017.
FOR FURTHER INFORMATION CONTACT: 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) 482-1491.
SUPPLEMENTARY INFORMATION:
Background
On December 1, 2016, the Department published a notice of
opportunity to request an AR of the antidumping duty order on honey
from the PRC for the POR.\1\ On December 28, 2016, Sunbeauty requested
that the Department conduct an administrative review of the sales of
subject merchandise exported by Sunbeauty during the POR.\2\ On January
3, 2017, the American Honey Producers Association and Sioux Honey
Producers Association (collectively, the petitioners) requested that
the Department conduct an administrative review.\3\ On February 13,
2017, based on the timely requests for administrative review, the
Department initiated an administrative review of two exporters/
producers, Shayang Xianghe and Sunbeauty.\4\ On February 28, 2017, the
[[Page 31558]]
petitioners withdrew their request for Shayang Xianghe.\5\ As a result,
the Department rescinded the review with respect to Shayang Xianghe.\6\
---------------------------------------------------------------------------
\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 81 FR 86694 (December 1, 2016).
\2\ See Letter to the Secretary from Sunbeauty re: Request for
Administrative Review; 2015-2016, dated December 28, 2016.
\3\ See Letter to the Secretary from Petitioners re: Request for
Administrative Review; 2015-2016, dated January 3, 2017.
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 82 FR 10457, 10460 (February 13, 2017) (AR
Initiation Notice); see also Letter to the Secretary from
Petitioners re: Petitioners' Withdrawal of Request for
Administrative Review of Jiangsu Runchen Agricultural/Sideline
Foodstuff Co., Ltd., dated January 26, 2017.
\5\ See Letter to the Secretary from Petitioners, re:
Petitioners' Withdrawal of Request for 2015/2016 Administrative
Review, in Part, dated February 28, 2017.
\6\ See Honey from the People's Republic of China: Notice of
Partial Rescission of Antidumping Duty Administrative Review; 2015-
2016, 82 FR 14503 (March 21, 2017).
---------------------------------------------------------------------------
On February 3, 2017, in response to a request from Jiangsu Runchen,
the Department published notice of initiation of a new shipper review
of honey for the period December 1, 2015, to November 30, 2016.\7\ On
February 15, 2017, the Department aligned the new shipper review of
honey from the PRC with the concurrent administrative review of honey
from the PRC.\8\
---------------------------------------------------------------------------
\7\ See Honey from the People's Republic of China: Initiation of
Antidumping Duty New Shipper Review; 2015-2016, 82 FR 9192 (February
3, 2017) (NSR Initiation Notice); see also Letter to the Secretary
from Jiangsu Runchen re: Request for New-Shipper Review, dated
December 23, 2017.
\8\ See Memorandum regarding: Alignment of the New Shipper
Review of Jiangsu Runchen, dated February 15, 2017.
---------------------------------------------------------------------------
The Department sent the new shipper review antidumping duty
questionnaire to Jiangsu Runchen on February 3, 2017.\9\ The Department
issued the administrative review antidumping duty questionnaire to
Sunbeauty on February 13, 2017.\10\
---------------------------------------------------------------------------
\9\ See Department Letter re: Antidumping Duty New Shipper
Review Questionnaire, dated February 3, 2017.
\10\ See Department Letter re: Antidumping Duty Administrative
Review Questionnaire, dated February 13, 2017.
---------------------------------------------------------------------------
Scope of the Order
The products covered by the order are natural honey, artificial
honey containing more than 50 percent natural honey by weight,
preparations of natural honey containing more than 50 percent natural
honey by weight and flavored honey. The 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 the order is currently classifiable
under subheadings 0409.00.00, 1702.90.90, 2106.90.99, 0409.00.0010,
0409.00.0035, 0409.00.0005, 0409.00.0045, 0409.00.0056, and
0409.00.0065 of the Harmonized Tariff Schedule of the United States
(HTSUS). Although the HTSUS subheadings are provided for convenience
and customs purposes, the Department's written description of the
merchandise under the order is dispositive.
Also, included in the scope are blends of honey and rice syrup,
regardless of the percentage of honey contained in the blend.
Scope Rulings made between July 1, 2012, and September 30, 2012;
Requestor: The American Honey Producers Association and the Sioux Honey
Association; blends of honey and rice syrup, regardless of the
percentage of honey they contain, are later-developed merchandise that
are within the scope of the antidumping duty order; August 21, 2012.
Methodology
The Department is conducting these reviews in accordance with
sections 751(a)(1), 751(a)(2)(B)(iv), 751(a)(3), 771(i)(1) of the Act,
and 19 CFR 351.213 and 351.214. For a full description of the
methodology underlying our conclusions, see the Preliminary Decision
Memorandum.
The Preliminary Decision Memorandum is a public document and is on
file electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov and
in the Department's Central Records Unit, room B8024 of the main
Department of Commerce building. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly on the
Internet at https://enforcement.trade.gov/frn/. The signed Preliminary
Decision Memorandum and the electronic versions of the Preliminary
Decision Memorandum are identical in content.
Preliminary Rescission of New Shipper Review
For the reasons detailed in the Preliminary Decision Memorandum,
the Department preliminarily finds that we cannot determine whether
Jiangsu Runchen made bona fide sale(s) to the United States.
Consequently, the Department is preliminarily rescinding the new
shipper review of Jiangsu Runchen for the period December 1, 2015,
through November 30, 2016.
Preliminary Results of Administrative Review
In making our findings, because Sunbeauty was unable to provide
evidence of a suspended entry of subject merchandise into the United
States during the POR and is, thus, ineligible to receive a separate
rate, we are preliminarily treating Sunbeauty as part of the PRC-wide
entity. For a full description of the methodology underlying our
preliminary conclusions, see the Preliminary Decision Memorandum.
We preliminarily determine that the following antidumping duty
margin exists:
------------------------------------------------------------------------
Margin
Manufacturer/exporter (dollars per
kilogram)
------------------------------------------------------------------------
PRC-wide entity (including Shanghai Sunbeauty Trading 2.63
Co., Ltd.).............................................
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Public Comment
Interested parties may submit written comments by no later than 30
days after the date of publication of this preliminary rescission of
the new shipper review and these preliminary results of the
administrative review.\11\ Rebuttals, limited to issues raised in the
written comments, may be filed by no later than five days after the
written comments are due.\12\
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\11\ See 19 CFR 351.309(c).
\12\ See 19 CFR 351.309(d).
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Any interested party may request a hearing within 30 days of
publication of this notice.\13\ 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.\14\
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\13\ See 19 CFR 351.310(c).
\14\ See 19 CFR 351.310(d).
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The Department intends to issue the final results of these reviews,
which will include the results of its analysis of issues raised in any
such comments, within 120 days of publication of these preliminary
results, pursuant to section 751(a)(2)(B)(iv) of the Act.
Assessment Rates
Upon completion of the final results of this new shipper review,
pursuant to 19 CFR 351.212(b), the Department will determine, and the
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries. If we proceed to a final rescission
of the new shipper review, Jiangsu Runchen's entries will be assessed
at the rate entered.\15\ If we do not proceed to a final rescission of
the new shipper review, pursuant to 19 CFR 351.212(b)(1), we will
calculate importer-specific assessment rates. We will instruct CBP to
assess antidumping duties on all appropriate entries covered
[[Page 31559]]
by this review if any importer-specific assessment rate calculated in
the final results of this review is above de minimis.\16\ The
Department intends to issue assessment instructions to CBP 15 days
after the publication of the final results of this new shipper review.
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\15\ See 19 CFR 351.106(c)(2).
\16\ Id.
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Upon issuance of the final results of this administrative review,
the Department will determine, and CBP shall assess antidumping duties
on all appropriate entries. We will instruct CBP to liquidate entries
containing merchandise from the PRC-wide entity at the PRC-wide rate we
determine in the final results of the review. If we do not continue to
treat Sunbeauty as part of the PRC-wide entity, pursuant to 19 CFR
351.212(b)(1), we will calculate importer-specific 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.\17\
The Department intends to issue assessment instructions to CBP 15 days
after the publication of the final results or rescission of this new
shipper review and the final results of this administrative review.
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\17\ Id.
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) For the exporters
listed above, the cash deposit rate will be the rate established in the
final results of this review (except, if the rate is zero or de
minimis, i.e., less than 0.5 percent, no cash deposit rate will be
required for that company); (2) for previously investigated or reviewed
PRC and non-PRC exporters not listed above that have separate rates,
the cash deposit rate will continue to be the exporter-specific rate
published for the most recently completed period; (3) for all PRC
exporters of subject merchandise that have not been found to be
entitled to a separate rate, the cash deposit rate will be the PRC-wide
rate of $2.63 per kilogram; and, (4) for all non-PRC exporters of
subject merchandise which have not received their own rate, the cash
deposit rate will be the rate applicable to the PRC exporter(s) that
supplied that non-PRC exporter. These deposit requirements, when
imposed, shall remain in effect until further notice.
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
This notice also serves as a final reminder to parties subject to
administrative protective order (APO) in this administrative review of
their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3), which continues to govern business proprietary
information in this segment of the proceeding. Timely written
notification of the return or 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)(l) of the Act, and 19
CFR 351.214 and 19 CFR 351.221(b)(4).
Dated: June 29, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-14277 Filed 7-6-17; 8:45 am]
BILLING CODE 3510-DS-P
