Honey From the People's Republic of China: Final Rescission of the New Shipper Review and Final Results of the Administrative Review; 2015-2016, 1015-1016 [2018-00186]

Download as PDF Federal Register / Vol. 83, No. 6 / Tuesday, January 9, 2018 / Notices Dated: January 4, 2018. David Mussatt, Supervisory Chief, Regional Programs Unit. [FR Doc. 2018–00170 Filed 1–8–18; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B–01–2018] sradovich on DSK3GMQ082PROD with NOTICES Foreign-Trade Zone (FTZ) 41— Milwaukee, Wisconsin, Notification of Proposed Production Activity, Quad/ Graphics, Inc.—Chemical Research\Technology, (Offset and Gravure Publication Printing Ink), Hartford and Sussex, Wisconsin The Port of Milwaukee, grantee of FTZ 41, submitted a notification of proposed production activity to the FTZ Board on behalf of Quad/Graphics, Inc.—Chemical Research\Technology (Quad/Graphics—C\RT), located in Hartford and Sussex, Wisconsin. The notification conforming to the requirements of the regulations of the FTZ Board (15 CFR 400.22) was received on December 5, 2017. The applicant indicates that it has submitted a separate application for FTZ designation at the Quad/Graphics— C\RT facility under FTZ 41. The facility is used for the production of offset and gravure publication printing ink. Pursuant to 15 CFR 400.14(b), FTZ activity would be limited to the specific foreign-status materials and components and specific finished product described in the submitted notification (as described below) and subsequently authorized by the FTZ Board. Production under FTZ procedures could exempt Quad/Graphics—C\RT from customs duty payments on the foreign-status materials used in export production. On its domestic sales, for the foreign-status materials noted below, Quad/Graphics—C\RT would be able to choose the duty rate during customs entry procedures that applies to offset and gravure publication printing ink (duty rate—1.8%). Quad/Graphics— C\RT would be able to avoid duty on foreign-status materials which become scrap/waste. Customs duties also could possibly be deferred or reduced on foreign-status production equipment. The materials sourced from abroad include: offset pigments (Yellow 174, Red 57:1 and Blue 15:3); gravure pigments (Yellow 14, Yellow 12, Red 57:1 and Blue 15:4); and, flush pigment preparations for offset heat-set publication printing (Yellow 12, Red 57:1 and Blue 15:3) (duty rate—6.5%). VerDate Sep<11>2014 15:58 Jan 08, 2018 Jkt 244001 Public comment is invited from interested parties. Submissions shall be addressed to the Board’s Executive Secretary at the address below. The closing period for their receipt is February 20, 2018. A copy of the notification will be available for public inspection at the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 21013, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230–0002, and in the ‘‘Reading Room’’ section of the Board’s website, which is accessible via www.trade.gov/ftz. For further information, contact Diane Finver at Diane.Finver@trade.gov or (202) 482–1367. Dated: January 3, 2018. Andrew McGilvray, Executive Secretary. [FR Doc. 2018–00188 Filed 1–8–18; 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: Final Rescission of the New Shipper Review and Final Results of the Administrative Review; 2015–2016 Enforcement and Compliance, International Trade Administration, Department of Commerce SUMMARY: On July 7, 2017, The Department of Commerce (Commerce) published the Preliminary Rescission and Preliminary Results of the aligned 2015–2016 new shipper review and 2015–2016 administrative review of the antidumping duty order on honey from the People’s Republic of China (China), covering the period December 1, 2015, through November 30, 2016. We gave interested parties an opportunity to comment on the Preliminary Rescission and Preliminary Results. After analyzing interested parties’ comments, we made no changes for the final results of these reviews. The final antidumping duty margins for these reviews are listed in the ‘‘Final Results of Reviews’’ section below. DATES: Applicable January 9, 2018. 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: AGENCY: PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 1015 Background On July 7, 2017, Commerce published its Preliminary Rescission and Preliminary Results,1 and gave parties an opportunity to comment. For events subsequent to the Preliminary Rescission and Preliminary Results, see the accompanying Issues and Decision Memorandum. On October 30, 2017,2 in accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as amended (Act), Commerce extended the deadline for issuing the final results by 60 days until January 3, 2017. Scope of the Order The product covered by the order is honey. For a complete description of the scope of this order, see the accompanying Issues and Decision Memorandum.3 Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties to this administrative review and new shipper review are addressed in the Issues and Decision Memorandum.4 In the Appendix to this notice, we have provided a list of the issues raised by parties. 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 in Commerce’s 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 on the internet at http:// enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic versions of the Issues and Decision Memorandum are identical in content. 1 See Honey from the People’s Republic of China: Preliminary Rescission of the New Shipper Review and Preliminary Results of the Administrative Review; 2015–2016, 82 FR 31557 (July 7, 2017) (Preliminary Rescission and Preliminary Results). 2 See Memorandum, ‘‘Extension of Deadline for Final Results of the 2015–2016 Antidumping Duty New Shipper Review and Final Results of the 2015– 2016 Antidumping Duty Administrative Review,’’ dated October 30, 2017. 3 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the 2015– 2016 Antidumping Duty New Shipper Review and Final Results of the 2015–2016 Administrative Review: Honey from the People’s Republic of China,’’ dated concurrently with these results and hereby adopted by this notice. (Issues and Decision Memorandum). 4 See Issues and Decision Memorandum. E:\FR\FM\09JAN1.SGM 09JAN1 1016 Federal Register / Vol. 83, No. 6 / Tuesday, January 9, 2018 / Notices Separate Rates In the Preliminary Rescission and Preliminary Results, Commerce determined that Shanghai Sunbeauty Trading Co., Ltd. (Sunbeauty) did not meet the criteria for separate rate status.5 After the Preliminary Results, Sunbeauty provided a submission of new factual information, which included U.S. Customs and Border Protection (CBP) entry documentation.6 However, Commerce has determined that Sunbeauty still failed to demonstrate its eligibility for a separate rate.7 Accordingly, Sunbeauty continues to be considered as part of the Chinawide entity. Final Results of New Shipper Review and 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 treating Sunbeauty as part of the China-wide entity, the rate for which is $2.63 per kilogram. Furthermore, because Commerce rescinded the review with respect to Jiangsu Runchen, the company remains a part of the Chinawide entity. For a full description of the methodology underlying our final conclusions, see the accompanying Issues and Decision Memorandum. sradovich on DSK3GMQ082PROD with NOTICES New Shipper Review Duty Assessment Rates In the Preliminary Rescission and Preliminary Results, Commerce determined that Jiangsu Runchen Agricultural/Sideline Foodstuff Co., Ltd. (Jiangsu Runchen) failed to provide documents needed to determine whether its sales during the POR were bona fide sales; accordingly, Commerce preliminarily rescinded the NSR. As explained in the Preliminary Rescission and Preliminary Results, section 751(a)(2)(B)(iv) of the Act requires that any weighted average dumping margin determined in a NSR must be based on bona fide sales. Jiangsu Runchen did not provide a timely response to Commerce’s C/D questionnaire for Commerce to examine if it had bona fide sales during the POR and requested an untimely extension to submit its C/D questionnaire response. However, we denied the request as it failed to meet the ‘‘extraordinary circumstances’’ standard. Having found that it could not conduct the required bona fide analysis and, thus, could not rely on Jiangsu Runchen’s sales to calculate a dumping margin, Commerce preliminarily rescinded the NSR. Jiangsu Runchen did not comment on the Preliminary Rescission and Preliminary Results. With no new information on the record, Commerce continues to find that it cannot conduct the required bona fide analysis and, therefore, cannot rely on Jiangsu Runchen’s sales to calculate a dumping margin. Accordingly, Commerce is rescinding the new shipper with respect to Jiangsu Runchen. Pursuant to 19 CFR 351.212(b), Commerce will determine, and the U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries. Commerce intends to issue assessment instructions to CBP 15 days after the publication of the final results of this new shipper review and administrative review. We will instruct CBP to liquidate entries of subject merchandise from the China-wide entity at the China-wide rate. 5 See Preliminary Rescission, and accompanying Preliminary Decision Memorandum at 10–11. 6 See Sunbeauty New Factual Submission at 2–4. 7 See accompanying Issues and Decision Memorandum. VerDate Sep<11>2014 15:58 Jan 08, 2018 Jkt 244001 Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the notice of the final results of this administrative review and new shipper 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 subject merchandise exported by Jiangsu Runchen and Sunbeauty, the cash deposit rate will continue to be the China-wide rate (i.e., $2.63 per kilogram); (2) for previously investigated or reviewed China and nonChina 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 China exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be the China-wide rate of $2.63 per kilogram; and, (4) for all non-China exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the China exporter(s) that supplied that non-China exporter. These deposit requirements, when imposed, shall remain in effect until further notice. PO 00000 Frm 00004 Fmt 4703 Sfmt 9990 Notification to Importers This notice also 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 review period. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Administrative Protective Order 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. Commerce is issuing and publishing these final results in accordance with sections 751(a)(1), 751(a)(2)(B), and 777(i)(l) of the Act, and 19 CFR 351.214 and 19 CFR 351.221(b)(4). Dated: January 3, 2018. P. Lee Smith, Deputy Assistant Secretary for Policy and Negotiations. Appendix—List of Topics Discussed in the Issues and Decision Memorandum 1. Summary 2. List of Comments 3. Background 4. Scope of the Order 5. Discussion of the Issues a. Correction of Draft Liquidation Instructions for U.S. Customs and Border Protection (CBP) in the NSR b. Commerce’s Representation of Sunbeauty’s Request Regarding the Treatment of its Entries c. Commerce’s Practice of Partially Granting Sunbeauty’s Extension Requests d. Treatment of Sunbeauty as Part of the China-wide Entity 6. Recommendation [FR Doc. 2018–00186 Filed 1–8–18; 8:45 am] BILLING CODE 3510–DS–P E:\FR\FM\09JAN1.SGM 09JAN1

Agencies

[Federal Register Volume 83, Number 6 (Tuesday, January 9, 2018)]
[Notices]
[Pages 1015-1016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00186]


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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 and Final Results of the Administrative Review; 
2015-2016

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

SUMMARY: On July 7, 2017, The Department of Commerce (Commerce) 
published the Preliminary Rescission and Preliminary Results of the 
aligned 2015-2016 new shipper review and 2015-2016 administrative 
review of the antidumping duty order on honey from the People's 
Republic of China (China), covering the period December 1, 2015, 
through November 30, 2016. We gave interested parties an opportunity to 
comment on the Preliminary Rescission and Preliminary Results. After 
analyzing interested parties' comments, we made no changes for the 
final results of these reviews. The final antidumping duty margins for 
these reviews are listed in the ``Final Results of Reviews'' section 
below.

DATES: Applicable January 9, 2018.

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 July 7, 2017, Commerce published its Preliminary Rescission and 
Preliminary Results,\1\ and gave parties an opportunity to comment. For 
events subsequent to the Preliminary Rescission and Preliminary 
Results, see the accompanying Issues and Decision Memorandum. On 
October 30, 2017,\2\ in accordance with section 751(a)(3)(A) of the 
Tariff Act of 1930, as amended (Act), Commerce extended the deadline 
for issuing the final results by 60 days until January 3, 2017.
---------------------------------------------------------------------------

    \1\ See Honey from the People's Republic of China: Preliminary 
Rescission of the New Shipper Review and Preliminary Results of the 
Administrative Review; 2015-2016, 82 FR 31557 (July 7, 2017) 
(Preliminary Rescission and Preliminary Results).
    \2\ See Memorandum, ``Extension of Deadline for Final Results of 
the 2015-2016 Antidumping Duty New Shipper Review and Final Results 
of the 2015-2016 Antidumping Duty Administrative Review,'' dated 
October 30, 2017.
---------------------------------------------------------------------------

Scope of the Order

    The product covered by the order is honey. For a complete 
description of the scope of this order, see the accompanying Issues and 
Decision Memorandum.\3\
---------------------------------------------------------------------------

    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2015-2016 Antidumping Duty New Shipper Review 
and Final Results of the 2015-2016 Administrative Review: Honey from 
the People's Republic of China,'' dated concurrently with these 
results and hereby adopted by this notice. (Issues and Decision 
Memorandum).
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review and new shipper review are addressed in the 
Issues and Decision Memorandum.\4\ In the Appendix to this notice, we 
have provided a list of the issues raised by parties. 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 in Commerce's 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 on the internet at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum 
and the electronic versions of the Issues and Decision Memorandum are 
identical in content.
---------------------------------------------------------------------------

    \4\ See Issues and Decision Memorandum.

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

[[Page 1016]]

Separate Rates

    In the Preliminary Rescission and Preliminary Results, Commerce 
determined that Shanghai Sunbeauty Trading Co., Ltd. (Sunbeauty) did 
not meet the criteria for separate rate status.\5\ After the 
Preliminary Results, Sunbeauty provided a submission of new factual 
information, which included U.S. Customs and Border Protection (CBP) 
entry documentation.\6\ However, Commerce has determined that Sunbeauty 
still failed to demonstrate its eligibility for a separate rate.\7\ 
Accordingly, Sunbeauty continues to be considered as part of the China-
wide entity.
---------------------------------------------------------------------------

    \5\ See Preliminary Rescission, and accompanying Preliminary 
Decision Memorandum at 10-11.
    \6\ See Sunbeauty New Factual Submission at 2-4.
    \7\ See accompanying Issues and Decision Memorandum.
---------------------------------------------------------------------------

New Shipper Review

    In the Preliminary Rescission and Preliminary Results, Commerce 
determined that Jiangsu Runchen Agricultural/Sideline Foodstuff Co., 
Ltd. (Jiangsu Runchen) failed to provide documents needed to determine 
whether its sales during the POR were bona fide sales; accordingly, 
Commerce preliminarily rescinded the NSR. As explained in the 
Preliminary Rescission and Preliminary Results, section 
751(a)(2)(B)(iv) of the Act requires that any weighted average dumping 
margin determined in a NSR must be based on bona fide sales. Jiangsu 
Runchen did not provide a timely response to Commerce's C/D 
questionnaire for Commerce to examine if it had bona fide sales during 
the POR and requested an untimely extension to submit its C/D 
questionnaire response. However, we denied the request as it failed to 
meet the ``extraordinary circumstances'' standard. Having found that it 
could not conduct the required bona fide analysis and, thus, could not 
rely on Jiangsu Runchen's sales to calculate a dumping margin, Commerce 
preliminarily rescinded the NSR. Jiangsu Runchen did not comment on the 
Preliminary Rescission and Preliminary Results.
    With no new information on the record, Commerce continues to find 
that it cannot conduct the required bona fide analysis and, therefore, 
cannot rely on Jiangsu Runchen's sales to calculate a dumping margin. 
Accordingly, Commerce is rescinding the new shipper with respect to 
Jiangsu Runchen.

Final Results of New Shipper Review and 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 treating Sunbeauty as part of the China-wide entity, the 
rate for which is $2.63 per kilogram. Furthermore, because Commerce 
rescinded the review with respect to Jiangsu Runchen, the company 
remains a part of the China-wide entity. For a full description of the 
methodology underlying our final conclusions, see the accompanying 
Issues and Decision Memorandum.

Duty Assessment Rates

    Pursuant to 19 CFR 351.212(b), Commerce will determine, and the 
U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries. Commerce intends to issue assessment 
instructions to CBP 15 days after the publication of the final results 
of this new shipper review and administrative review. We will instruct 
CBP to liquidate entries of subject merchandise from the China-wide 
entity at the China-wide rate.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of the final results of this administrative 
review and new shipper 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 subject merchandise exported by Jiangsu Runchen and 
Sunbeauty, the cash deposit rate will continue to be the China-wide 
rate (i.e., $2.63 per kilogram); (2) for previously investigated or 
reviewed China and non-China 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 China exporters of subject merchandise that have not been found to 
be entitled to a separate rate, the cash deposit rate will be the 
China-wide rate of $2.63 per kilogram; and, (4) for all non-China 
exporters of subject merchandise which have not received their own 
rate, the cash deposit rate will be the rate applicable to the China 
exporter(s) that supplied that non-China exporter. These deposit 
requirements, when imposed, shall remain in effect until further 
notice.

Notification to Importers

    This notice also 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 review period. Failure to comply 
with this requirement could result in Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Administrative Protective Order

    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.
    Commerce is issuing and publishing these final results in 
accordance with sections 751(a)(1), 751(a)(2)(B), and 777(i)(l) of the 
Act, and 19 CFR 351.214 and 19 CFR 351.221(b)(4).

     Dated: January 3, 2018.
P. Lee Smith,
Deputy Assistant Secretary for Policy and Negotiations.

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

1. Summary
2. List of Comments
3. Background
4. Scope of the Order
5. Discussion of the Issues
    a. Correction of Draft Liquidation Instructions for U.S. Customs 
and Border Protection (CBP) in the NSR
    b. Commerce's Representation of Sunbeauty's Request Regarding 
the Treatment of its Entries
    c. Commerce's Practice of Partially Granting Sunbeauty's 
Extension Requests
    d. Treatment of Sunbeauty as Part of the China-wide Entity
6. Recommendation

[FR Doc. 2018-00186 Filed 1-8-18; 8:45 am]
BILLING CODE 3510-DS-P