Honey From the People's Republic of China: Final Results and Rescission of Antidumping Duty Administrative Review; 2017-2018, 45187-45188 [2020-16192]

Download as PDF Federal Register / Vol. 85, No. 144 / Monday, July 27, 2020 / Notices this notice.15 Requests should contain: (1) The party’s name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case and rebuttal briefs. If a request for a hearing is made, Commerce intends to hold the hearing at a time and date to be determined. Parties should confirm the date and time of the hearing two days before the scheduled date. Parties are reminded that all briefs and hearing requests must be filed electronically using ACCESS and received successfully in their entirety by 5 p.m. Eastern Time on the due date. Unless the deadline is extended pursuant to section 751(a)(3)(A) of the Act, Commerce intends to issue the final results of this administrative review, including the results of our analysis of the issues raised by the parties in their comments, within 120 days after publication of these preliminary results. Notification to Interested Parties These preliminary results of review are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213 and 351.221(b)(4). Dated: July 20, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix I List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Review IV. Diversification of Korea’s Economy V. Intent to Rescind, in Part, the Administrative Review VI. Scope of the Order VII. Rate for Non-Examined Companies VIII. Subsidies Valuation Information IX. Analysis of Programs X. Recommendation [FR Doc. 2020–16074 Filed 7–24–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration jbell on DSKJLSW7X2PROD with NOTICES [A–570–863] Honey From the People’s Republic of China: Final Results and Rescission of Antidumping Duty Administrative Review; 2017–2018 Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: 15 See 19 CFR 351.310(c). VerDate Sep<11>2014 19:31 Jul 24, 2020 Jkt 250001 The Department of Commerce (Commerce) determines that Jiangsu Runchen Agricultural/Sideline Foodstuff Co., Ltd. (Runchen) did not make a bona fide sale during the period of review (POR) of December 1, 2017 through November 30, 2018. Therefore, we are rescinding this administrative review. DATES: Applicable July 27, 2020. FOR FURTHER INFORMATION CONTACT: Jasun Moy, 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) 482–8194. SUMMARY: Background On December 4, 2019, Commerce published the Preliminary Results and invited interested parties to comment.1 On January 3, 2020, we received a case brief from Runchen.2 On January 15, 2020, we received a rebuttal brief from the American Honey Producers Association and Sioux Honey Association (collectively, the petitioner).3 Scope of the Order The merchandise subject to this order is 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. For a full description of the scope, see the Issues and Decision Memorandum.4 Analysis of Comments Received All issues raised in Runchen’s case brief are listed in the appendix to this notice and are addressed in the Issues and Decision Memorandum. The Issues 1 See Honey from the People’s Republic of China: Preliminary Results and Preliminary Intent to Rescind of Antidumping Duty Administrative Review; 2017–2018, 84 FR 66374 (December 4, 2019) (Preliminary Results). 2 See Runchen’s Letter, ‘‘Honey from the PRC— Administrative Case Brief of Jiangsu Runchen Agricultural/Sideline Foodstuff Co., Ltd.,’’ dated January 3, 2020. On January 9, 2020, Runchen timely refiled its case brief to remove new factual information. See Runchen’s Letter, ‘‘Honey from the PRC—Administrative Case Brief of Jiangsu Runchen Agricultural/Sideline Foodstuff Co., Ltd.,’’ dated January 9, 2020; see also Memorandum, ‘‘Administrative Review of the Antidumping Duty Order on Honey from the People’s Republic of China: Rejection of Case Brief,’’ dated January 8, 2020. 3 See Petitioner’s Letter, ‘‘Honey from China: Petitioners’ Rebuttal Brief,’’ dated January 15, 2020. 4 See Memorandum, ‘‘Issues and Decision Memorandum for the Antidumping Duty Administrative Review of Honey from the People’s Republic of China; 2017–2018,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 45187 and Decision Memorandum is a public document and is made available to the public 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. In addition, a complete version of the Issues and Decision Memorandum is available at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Bona Fides Analysis In the Preliminary Results, we found that Runchen’s sale of subject merchandise to the United States during the POR was not a bona fide sale. After analyzing interested parties’ comments, we continue to find that Runchen’s sale is not a bona fide sale. We reached this conclusion based on multiple factors, including: (1) The atypical nature of the price and quantity of the sale; (2) the profit, or lack thereof, made by Runchen’s customer on the resale; and (3) other considerations, such as the timing of the payment from Runchen’s customer, the fact that Runchen made only a single sale made during the POR, the lack of experience of the importer in the honey industry, and the lack of experience of Runchen in exporting honey to the United States. Our analysis led us to conclude that Runchen’s POR sale is unlikely to be representative of its future sales. Because we have determined that Runchen had no bona fide sales during the POR, we are rescinding this administrative review. Assessment Rates Because Commerce is rescinding this administrative review, we have not calculated a company-specific dumping margin for Runchen. Runchen remains part of the China-wide entity and the entry of its subject merchandise during the POR will be assessed antidumping duties at the China-wide entity rate. The China-wide entity rate is $2.63 per kilogram.5 Cash Deposit Requirements As noted above, Commerce is rescinding this administrative review. Thus, we have not calculated a company-specific dumping margin for Runchen. Therefore, entries of Runchen’s subject merchandise continue to be subject to the China-wide entity cash deposit rate of $2.63 per 5 See Honey from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2012–2013, 80 FR 27633–34 (May 14, 2015). E:\FR\FM\27JYN1.SGM 27JYN1 45188 Federal Register / Vol. 85, No. 144 / Monday, July 27, 2020 / Notices kilogram. This cash deposit requirement shall remain in effect until further notice. DEPARTMENT OF COMMERCE Administrative Protective Order [C–570–132] This notice also serves as a final reminder to parties subject to administrative protective order (APO) 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. Twist Ties From the People’s Republic of China: Initiation of Countervailing Duty Investigation 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 the POR. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties has occurred and the subsequent assessment of double antidumping duties. Notification to Interested Parties We are issuing and publishing these final results in accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(h)(1) and 19 CFR 351.221(b)(5). jbell on DSKJLSW7X2PROD 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 Comment 1: Whether a Bona Fides Analysis is Applicable in Administrative Reviews Comment 2: Appropriateness of Using U.S. Customs and Border Protection Data Comment 3: Whether Sale Price and Quantity Weigh in Favor of Finding Runchen’s Sale Not Bona Fide Comment 4: Whether the Goods Were Resold at a Profit Comment 5: Other Relevant Factors V. Recommendation BILLING CODE 3510–DS–P VerDate Sep<11>2014 19:31 Jul 24, 2020 Jkt 250001 Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable July 16, 2020. FOR FURTHER INFORMATION CONTACT: Darla Brown or Ajay Menon, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1791 or (202) 482–1993, respectively. SUPPLEMENTARY INFORMATION: AGENCY: The Petition On June 26, 2020, the U.S. Department of Commerce (Commerce) received a countervailing duty (CVD) petition concerning imports of twist ties from the People’s Republic of China (China) filed in proper form on behalf of Bedford Industries, Inc. (the petitioner).1 The Petition was accompanied by an antidumping duty (AD) petition concerning imports of twist ties from China. Between June 30 and July 13, 2020, Commerce requested supplemental information pertaining to certain aspects of the Petition,2 to which the petitioner filed responses between July 2 and 13, 2020.3 1 See Dated: July 21, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2020–16192 Filed 7–24–20; 8:45 am] International Trade Administration Petitioner’s Letter, ‘‘Petition for the Imposition of Antidumping and Countervailing Duties on Twist Ties from China,’’ dated June 26, 2020 (the Petition). 2 See Commerce’s Letter, ‘‘Petition for the Imposition of Countervailing Duties on Imports of Twist Ties from the People’s Republic of China: Supplemental Questions,’’ dated June 30, 2020; see also Commerce’s Letter, ‘‘Petition for the Imposition of Countervailing Duties on Imports of Twist Ties from the People’s Republic of China: Supplemental Questions,’’ dated July 2, 2020; Commerce’s Letter, ‘‘Petition for the Imposition of Countervailing Duties on Imports of Twist Ties from the People’s Republic of China: Supplemental Questions,’’ dated July 7, 2020; Memorandum, ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Twist Ties from the People’s Republic of China: Phone Call with Counsel to the Petitioner,’’ dated July 7, 2020 (Phone Call Memorandum); and Memorandum, ‘‘Twist Ties from the People’s Republic of China Countervailing Duty Petition: Placing Document on the Record,’’ dated July 13, 2020. 3 See Petitioner’s Letter, ‘‘Petition for the Imposition of Antidumping and Countervailing Duties on Twist Ties from China: Response of Bedford Industries, Inc. to Supplemental Questionnaire,’’ dated July 2, 2020 (First CVD Petition Supplement); see also Petitioner’s Letter, ‘‘Petition for the Imposition of Antidumping and PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 In accordance with section 702(b)(1) of the Tariff Act of 1930, as amended (the Act), the petitioner alleges that the Government of China (GOC) is providing countervailable subsidies, within the meaning of sections 701 and 771(5) of the Act, to producers of twist ties in China and that such imports are materially injuring, or threatening material injury to, the domestic industry producing twist ties in the United States. Consistent with section 702(b)(1) of the Act and 19 CFR 351.202(b), for those alleged programs on which we are initiating a CVD investigation, the Petition is supported by information reasonably available to the petitioner supporting its allegations. Commerce finds that the petitioner filed the Petition on behalf of the domestic industry because the petitioner is an interested party as defined in section 771(9)(C) of the Act. Commerce also finds that the petitioner demonstrated sufficient industry support with respect to the initiation of the requested CVD investigation.4 Period of Investigation Because the Petition was filed on June 26, 2020, the period of investigation (POI) is January 1, 2019 through December 31, 2019.5 Scope of the Investigation The merchandise covered by this investigation is twist ties from China. For a full description of the scope of this investigation, see the appendix to this notice. Comments on Scope of the Investigation On June 30 and July 7, 2020, Commerce requested further information from the petitioner regarding the proposed scope to ensure that the scope language in the Petition is an accurate reflection of the products for which the domestic industry is seeking relief.6 On July 6 and 9, 2020, the petitioner revised the scope.7 The description of the merchandise covered by this investigation, as described in the Countervailing Duties on Twist Ties from China: Response of Bedford Industries, Inc. to Supplemental Questionnaire,’’ dated July 7, 2020 (Second CVD Petition Supplement); Petitioner’s Letter, ‘‘Twist Ties from the People’s Republic of China,’’ dated July 9, 2020 (Second General Issues Supplement); and Petitioner’s Letter, ‘‘Twist Ties from the People’s Republic of China,’’ dated July 13, 2020 (General Issues Supplement). 4 See ‘‘Determination of Industry Support for the Petition’’ section, infra. 5 See 19 CFR 351.204(b)(2). 6 See General Issues Supplemental at 3–4; see also Phone Call Memorandum. 7 See Second General Issues Supplement at 3–4; see also Second General Issues Supplement at 3– 4. E:\FR\FM\27JYN1.SGM 27JYN1

Agencies

[Federal Register Volume 85, Number 144 (Monday, July 27, 2020)]
[Notices]
[Pages 45187-45188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16192]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-863]


Honey From the People's Republic of China: Final Results and 
Rescission of Antidumping Duty Administrative Review; 2017-2018

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that Jiangsu 
Runchen Agricultural/Sideline Foodstuff Co., Ltd. (Runchen) did not 
make a bona fide sale during the period of review (POR) of December 1, 
2017 through November 30, 2018. Therefore, we are rescinding this 
administrative review.

DATES: Applicable July 27, 2020.

FOR FURTHER INFORMATION CONTACT: Jasun Moy, 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) 482-8194.

Background

    On December 4, 2019, Commerce published the Preliminary Results and 
invited interested parties to comment.\1\ On January 3, 2020, we 
received a case brief from Runchen.\2\ On January 15, 2020, we received 
a rebuttal brief from the American Honey Producers Association and 
Sioux Honey Association (collectively, the petitioner).\3\
---------------------------------------------------------------------------

    \1\ See Honey from the People's Republic of China: Preliminary 
Results and Preliminary Intent to Rescind of Antidumping Duty 
Administrative Review; 2017-2018, 84 FR 66374 (December 4, 2019) 
(Preliminary Results).
    \2\ See Runchen's Letter, ``Honey from the PRC--Administrative 
Case Brief of Jiangsu Runchen Agricultural/Sideline Foodstuff Co., 
Ltd.,'' dated January 3, 2020. On January 9, 2020, Runchen timely 
refiled its case brief to remove new factual information. See 
Runchen's Letter, ``Honey from the PRC--Administrative Case Brief of 
Jiangsu Runchen Agricultural/Sideline Foodstuff Co., Ltd.,'' dated 
January 9, 2020; see also Memorandum, ``Administrative Review of the 
Antidumping Duty Order on Honey from the People's Republic of China: 
Rejection of Case Brief,'' dated January 8, 2020.
    \3\ See Petitioner's Letter, ``Honey from China: Petitioners' 
Rebuttal Brief,'' dated January 15, 2020.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise subject to this order is 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. For a full description of the 
scope, see the Issues and Decision Memorandum.\4\
---------------------------------------------------------------------------

    \4\ See Memorandum, ``Issues and Decision Memorandum for the 
Antidumping Duty Administrative Review of Honey from the People's 
Republic of China; 2017-2018,'' dated concurrently with, and hereby 
adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in Runchen's case brief are listed in the 
appendix to this notice and are addressed in the Issues and Decision 
Memorandum. The Issues and Decision Memorandum is a public document and 
is made available to the public 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. In addition, a complete version of the Issues and 
Decision Memorandum is available at http://enforcement.trade.gov/frn/. 
The signed and electronic versions of the Issues and Decision 
Memorandum are identical in content.

Bona Fides Analysis

    In the Preliminary Results, we found that Runchen's sale of subject 
merchandise to the United States during the POR was not a bona fide 
sale. After analyzing interested parties' comments, we continue to find 
that Runchen's sale is not a bona fide sale. We reached this conclusion 
based on multiple factors, including: (1) The atypical nature of the 
price and quantity of the sale; (2) the profit, or lack thereof, made 
by Runchen's customer on the resale; and (3) other considerations, such 
as the timing of the payment from Runchen's customer, the fact that 
Runchen made only a single sale made during the POR, the lack of 
experience of the importer in the honey industry, and the lack of 
experience of Runchen in exporting honey to the United States. Our 
analysis led us to conclude that Runchen's POR sale is unlikely to be 
representative of its future sales.
    Because we have determined that Runchen had no bona fide sales 
during the POR, we are rescinding this administrative review.

Assessment Rates

    Because Commerce is rescinding this administrative review, we have 
not calculated a company-specific dumping margin for Runchen. Runchen 
remains part of the China-wide entity and the entry of its subject 
merchandise during the POR will be assessed antidumping duties at the 
China-wide entity rate. The China-wide entity rate is $2.63 per 
kilogram.\5\
---------------------------------------------------------------------------

    \5\ See Honey from the People's Republic of China: Final Results 
of Antidumping Duty Administrative Review; 2012-2013, 80 FR 27633-34 
(May 14, 2015).
---------------------------------------------------------------------------

Cash Deposit Requirements

    As noted above, Commerce is rescinding this administrative review. 
Thus, we have not calculated a company-specific dumping margin for 
Runchen. Therefore, entries of Runchen's subject merchandise continue 
to be subject to the China-wide entity cash deposit rate of $2.63 per

[[Page 45188]]

kilogram. This cash deposit requirement shall remain in effect until 
further notice.

Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
administrative protective order (APO) 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.

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 the POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties has occurred and the subsequent assessment of 
double antidumping duties.

Notification to Interested Parties

    We are issuing and publishing these final results in accordance 
with sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as 
amended, and 19 CFR 351.213(h)(1) and 19 CFR 351.221(b)(5).

    Dated: July 21, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

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
    Comment 1: Whether a Bona Fides Analysis is Applicable in 
Administrative Reviews
    Comment 2: Appropriateness of Using U.S. Customs and Border 
Protection Data
    Comment 3: Whether Sale Price and Quantity Weigh in Favor of 
Finding Runchen's Sale Not Bona Fide
    Comment 4: Whether the Goods Were Resold at a Profit
    Comment 5: Other Relevant Factors
V. Recommendation

[FR Doc. 2020-16192 Filed 7-24-20; 8:45 am]
BILLING CODE 3510-DS-P