[Federal Register: November 3, 2004 (Volume 69, Number 212)]
[Notices]
[Page 64029-64030]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03no04-45]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-863]
Honey from the People's Republic of China; Notice of Final
Results and Final Rescission, In Part, of Antidumping Duty New Shipper
Review.
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On June 3, 2004, the U.S. Department of Commerce (the
Department) published the preliminary results and partial rescission of
the new shipper review of the antidumping order on honey from the
People's Republic of China (69 FR 314348). The review covers one
producer/exporter, Cheng Du Wai Yuan Bee Products Co., Ltd. (Cheng Du),
and exports of the subject merchandise to the United States during the
period of review (POR) of December 1, 2002, through May 31, 2003.
We have determined that the other exporter that requested a new
shipper review for the same POR, Jinfu Trading Co., Ltd. (Jinfu PRC),
failed to demonstrate its entitlement to a new shipper review.
Therefore, we are rescinding the new shipper review of Jinfu PRC.
Based on our analysis of the record, including factual information
obtained since the preliminary results, and of comments from the
interested parties, we have made changes to Cheng Du's margin
calculations to adjust the Indian surrogate values used to value the
raw honey input, and to adjust our calculation of the financial ratios
and their application in our normal value calculation. Therefore, the
final results differ from the preliminary results, and we have
determined that Cheng Du has made sales at less than normal value. See
``Final Results of Review'' section below.
EFFECTIVE DATE: November 3, 2004.
FOR FURTHER INFORMATION CONTACT: Angelica Mendoza or Brandon Farlander
at (202) 482-3019 or (202) 482-0182, respectively; Antidumping Duty/
Countervailing Duty Operations, Office Seven, Import Administration,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On June 3, 2004, the Department published the preliminary results
and partial rescission of this review. See Preliminary Results and
Partial Rescission of Antidumping Duty New Shipper Review: Honey from
the People's Republic of China, 69 FR 314348 (June 3, 2004)
(Preliminary Results). On August 11, 2004, the Department extended the
final results of this new shipper review by 60 days until October 25,
2004. See Honey from the People's Republic of China: Extension of Time
Limit for Final Results of Antidumping New Shipper Review, 69 FR 51062
(August 17, 2004).
We invited parties to comment on the Preliminary Results. We
received case briefs from the American Honey Producers Association and
the Sioux Honey Association (collectively, petitioners) and from Jinfu
PRC on July 7, 2004. We received rebuttal briefs from Cheng Du on July
12, 2004, and from petitioners on July 16, 2004. Parties did not
request a public hearing.
Scope of the Order
The products covered 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 under
review is currently classifiable under item 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 written description of the merchandise under
review is dispositive.
Analysis of Comments Received
All issues raised in the briefs are addressed in the Issues and
Decision Memorandum, which is hereby adopted by this notice. A list of
the issues raised, all of which are in the Issues and Decision
Memorandum, is attached to this notice as Appendix I. Parties can find
a complete discussion of all issues raised in the briefs and the
corresponding recommendations in this public memorandum which is on
file in the Central Records Unit (CRU), room B-099 of the Herbert H.
Hoover Building. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly on the Web at http://ia.ita.doc.gov/frn/index.html.
The paper copy and electronic version of
the Issues and Decision Memorandum are identical in content.
Changes Since the Preliminary Results
Based on the comments received from the interested parties, we have
made changes to the margin calculation for Cheng Du. For the final
results, we adjusted the surrogate value used to calculate the cost of
the raw honey input in order to more accurately reflect the range of
raw honey prices in India during the POR. See the Issues and Decision
Memorandum at Comment 4, and the Memorandum to the File Regarding Final
Results of New Shipper Review of the Antidumping Duty Order on Honey
from the People's Republic of China; Analysis Memorandum (October 25,
2004) (Cheng Du Final Analysis Memo).
We continue to calculate surrogate financial ratios for factory
overhead (FOH), selling, general and administrative expenses (SG&A),
and profit using the 2002-2003 annual report from the Mahabaleshwar
Honey Producers Cooperative (MHPC). However, we adjusted our
calculations of the FOH and SG&A ratios. See Issues and Decision
Memorandum at Comment 5 and Cheng Du Final Analysis Memo at Attachment
8.
For labor, in the Preliminary Results, we used the PRC regression-
based wage rate at Import Administration's home page, Import Library,
Expected Wages of Selected NME Countries, revised in September 2002 and
corrected in February 2003. In September 2004, the Expected Wages of
Selected NME Countries was updated. For these Final Results, we are
using the PRC regression-based wage rate in the Expected Wages of
Selected NME Countries, revised in September 2004. See Cheng Du Final
Analysis Memo at Attachments 3 and 9.
Partial Rescission of New Shipper Review
We are rescinding the new shipper review, with respect to Jinfu
PRC, because we have determined that it has not satisfied all required
regulatory and certification requirements for a new shipper review. For
a full discussion of this issue, see the Issues and Decision Memorandum
at Comments 1-3.
In order to qualify for a new shipper review under 19 CFR 351.214
of the Department's regulations, a company must provide certifications
and
[[Page 64030]]
documentation establishing, among other things, the date of the first
sale to an unaffiliated customer in the United States. See 19 CFR
351.214(b)(2)(iv)(C) of the Department's regulations. Because Jinfu
PRC's certification (which it provided prior to the initiation of the
new shipper review) does not include documentation establishing the
date of the first sale to an unaffiliated customer in the United
States, Jinfu PRC has failed to satisfy the threshold new shipper
certification requirements, and is therefore, not entitled to a new
shipper review. Therefore, we are rescinding this review with respect
to Jinfu PRC. Since Jinfu PRC does not qualify for a separate rate, it
is considered part of the non-market-economy (NME) entity, which was
subject to the original investigation and, accordingly, will receive
the NME/PRC-wide rate of 183.80.
Final Results of New Shipper Review
We determine that the following antidumping margin percentages exist
during the period of December 1, 2002, through May 31, 2003:
------------------------------------------------------------------------
Weighted-Average
Manufacturer/Exporter Margin (percent)
------------------------------------------------------------------------
Cheng Du Wai Yuan Bee Products Co., Ltd............. 22.03
Jinfu Trading Co., Ltd.............................. 183.80
------------------------------------------------------------------------
Assessment of Antidumping Duties
The Department shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries. In accordance with 19 CFR 351.212(b)(1) of the Department's
regulations, we have calculated an exporter/importer specific
assessment rate for merchandise subject to this review. The Department
will issue appropriate assessment instructions directly to CBP within
15 days of publication of the final results of review. We will direct
CBP to assess the resulting assessment rates against the entered
customs values for the subject merchandise on each of the importer's/
customer's entries during the review period. For assessment purposes
for the sale by Jinfu PRC, which we have determined is part of the NME/
PRC entity, we are applying the NME/PRC-wide rate of 183.80 percent.
Cash Deposit Requirements
Bonding will no longer be permitted to fulfill security
requirements for shipments from Cheng Du and Jinfu PRC of honey from
the PRC entered, or withdrawn from warehouse, for consumption in the
United States on or after the publication of this notice in the Federal
Register. The following cash deposit rates shall be required for
merchandise subject to the order entered, or withdrawn from warehouse,
for consumption on or after the publication date of these final results
for this new shipper review, as provided for by section 751(a)(1) of
the Tariff Act of 1930, as amended: (1) The cash deposit rates for
Cheng Du (i.e., for subject merchandise both manufactured and exported
by Cheng Du only) and Jinfu PRC (i.e., for subject merchandise
manufactured by Cixi City Yikang Bee Industry Co., Ltd. (Yikang Bee)
and exported by Jinfu PRC) will be the rates indicated above; (2) the
cash deposit rate for PRC exporters who received a separate rate in a
prior segment of the proceeding will continue to be the rate assigned
in that segment of the proceeding; (3) the cash deposit rate for the
NME/PRC entity and for subject merchandise exported by Cheng Du and
Jinfu PRC but not manufactured by Cheng Du and Yikang Bee,
respectively, will continue to be the NME/PRC- wide rate (i.e., 183.80
percent); and (4) the cash deposit rate for non-PRC exporters of
subject merchandise from the PRC will be the rate applicable to the PRC
exporter/producer that supplied that non-PRC exporter. These deposit
requirements shall remain in effect until publication of the final
results of the next administrative review. There are no changes to the
rates applicable to any other companies under this antidumping duty
order.
Notification to Interested Parties
The Department will disclose calculations performed in connection
with these final results of review within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b) of its
regulations. This notice 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 subsequent assessment
of double antidumping duties.
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with section 351.305(a)(3) of the Department's
regulations. 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 the terms of an
APO is a sanctionable violation.
This new shipper review and notice are in accordance with sections
751(a)(2)(B) and 777(i)(1) of the Act.
Dated: October 25, 2004.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
Appendix I
Issues in the Decision Memorandum
Comment 1: Submission of New Factual Information by Jinfu PRC
Comment 2: Relationship between Jinfu PRC and Jinfu Trading (USA), Inc.
(Jinfu USA)
Comment 3: Bona Fides of the Relevant U.S. Sale
Comment 4: Calculation of the Surrogate Value for Raw Honey
Comment 5: Calculation of the Surrogate Financial Ratios
[FR Doc. E4-2996 Filed 11-2-04; 8:45 am]