[Federal Register: April 2, 2007 (Volume 72, Number 62)]
[Notices]
[Page 15655-15657]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02ap07-22]
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DEPARTMENT OF COMMERCE
International Trade Administration
(A-570-863)
Honey from the People's Republic of China: Expedited Partial
Final Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On January 3, 2007, the Department published the Preliminary
Results of the fourth administrative review of the antidumping duty
order on honey from the People's Republic of China (PRC). See Honey
from the People's Republic of China: Preliminary Results and Partial
Rescission of Antidumping Duty Administrative Review, 72 FR 102
(January 3, 2007) (Preliminary Results). This review covers five
exporters or producer/exporters: (1) Anhui Honghui Foodstuff (Group)
Co., Ltd. (Anhui Honghui); (2) Chengdu Waiyuan Bee Products Co., Ltd.
(Chengdu); (3) Jiangsu Kanghong Natural Healthfoods Co., Ltd.
(Jiangsu); (4) Kunshan Xin'an Trade Co., Ltd. (Kunshan Xin'an); and (5)
Wuhan Shino-Food Trade Co., Ltd. (Shino-Food). The period of review
(POR) is December 1, 2004, through November 30, 2005.
In response to a request from the American Honey Producers
Association and the Sioux Honey Association (collectively,
petitioners), the Department is expediting the final results of this
review for Chengdu, an uncooperative respondent, because of its
extraordinary surge of exports and the significant difference between
Chengdu's current cash deposit rate of 22.03 percent and Chengdu's
preliminary cash deposit rate of 212.39 percent based on total facts
available with adverse inference.
EFFECTIVE DATE: April 2, 2007.
FOR FURTHER INFORMATION CONTACT: Judy Lao or Angelica Mendoza, AD/CVD
Operations, Office 7, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
7924 or (202) 482-3019, respectively.
SUPPLEMENTARY INFORMATION:
Background
Since the Preliminary Results the following events have occurred.
On January 12 and 29, 2007, counsel to the petitioners met with
Department officials to discuss their concerns about
[[Page 15656]]
a surge in entries by Chengdu and resultant injury to the domestic
honey industry. See Memoranda to the File dated January 18 and 29,
2007, respectively. Subsequently, the petitioners filed a request that
the Department expedite the final results of review with respect to
Chengdu. See Letter from the petitioners to the Secretary, dated
February 6, 2007. In their request, the petitioners argue that Chengdu
has ``misused'' the lowest cash deposit rate for any Chinese exporter
of honey (22.03 percent) to ship huge quantities to the United States,
causing immense harm to the domestic industry, while refusing to
participate in administrative reviews.\1\
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\1\ Chengdu did not request a review for the fifth review period
of 12/1/2005-11/30/2006.
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On February 7, 2007, the Department informed counsel to Chengdu of
the petitioners' submission and our decision to accept the new
information contained therein. We indicated that any comments on the
submission were due on February 16, 2007. See Memorandum to the File
from Patrick Edwards dated February 7, 2007. On February 15, 2007, the
Department received a letter from Chengdu stating that its U.S.
customer had informed them of the petitioners' letter dated February 7,
2007, and requesting an opportunity to comment or provide its own data
to verify the accuracy of the petitioners' information. On February 16,
2007, the counsel of record for Chengdu notified the Department that it
does not represent Chengdu. On the same day, the Department sent a
letter via facsimile to Chengdu extending the comment period until
February 23, 2007. On February 23, 2007, the Department received a
facsimile letter from Chengdu restating some of the same points made in
its previous letter but providing no new information. The letter was
not properly filed and the Department gave Chengdu until February 26,
2007, to file its letter for the record. However, Chengdu did not
submit its letter until March 5, 2007, and the Department rejected it
as untimely. See Letter to Chengdu dated March 5, 2007.
On February 28, 2007, the Department issued a Decision Memorandum
expediting the final results of review for Chengdu and extending the
deadline for case briefs for all parties in this review until March 14,
2007, and for rebuttal briefs until March 21, 2007. See Memorandum to
David M. Spooner, Assistant Secretary for Import Administration, from
Stephen J. Claeys, Deputy Assistant Secretary for Import
Administration, Expedited Final Results of Administrative Review for
Chengdu Waiyuan Bee Products Co., Ltd. (February 28, 2007) (Decision
Memo). No comments with respect to the expedited final results for
Chengdu were filed.
According to section 751(a)(3) of the Tariff Act of 1930, as
amended (the Act), the Department ``shall make . . . a final
determination . . . within 120 days after the date on which the
preliminary determination is published.'' See also 19 CFR Sec.
351.213(h)(1). The Department's normal practice is to issue a final
determination for all companies simultaneously. In this case, however,
extraordinary circumstances support our issuance of the final results
of this review with respect solely to Chengdu prior to 120 days after
publication of the preliminary results. Specifically, the surge in
Chengdu's shipments, its failure to participate in administrative
reviews to enable the Department to calculate a dumping margin, and the
large difference between the current cash deposit rate and the rate
assigned to Chengdu in the preliminary results of this review
constitute extraordinary circumstances in support of expediting the
final results for Chengdu. We believe that under these extraordinary
circumstances a departure from our normal practice is warranted. For
further analysis, see the proprietary version of Decision Memo.
Scope of the Antidumping Duty Order
The products covered by this order are natural honey, artificial
honey containing more than 50 percent natural honey by weight,
preparations of natural honey containing more than 50 percent natural
honey by weight, and flavored honey. The subject merchandise includes
all grades and colors of honey whether in liquid, creamed, comb, cut
comb, or chunk form, and whether packaged for retail or in bulk form.
The merchandise subject to this order is currently classifiable
under subheadings 0409.00.00, 1702.90.90, and 2106.90.99 of the
Harmonized Tariff Schedule of the United States (HTSUS). Although the
HTSUS subheadings are provided for convenience and customs purposes,
the Department's written description of the merchandise under the order
is dispositive.
Rate for Chengdu
The PRC-wide rate applies to all PRC entities with the exception of
those exporters that have demonstrated their eligibility for a separate
rate. While Chengdu failed to demonstrate its eligibility for a
separate rate on the record of this review, and thus is considered to
be part of the PRC entity, the Department has determined that
circumstances warrant expedited final results of review solely with
respect to Chengdu. As a result, for these expedited final results, the
Department is issuing a rate applicable solely to Chengdu.
In its preliminary results, the Department assigned a rate to the
PRC-wide entity (including Chengdu) based on adverse facts available
(AFA). No party to the proceeding commented on the rate to be assigned
to Chengdu for purposes of the final results. Based upon our review of
the record, the Department will continue to assign the rate of 212.39
percent to Chengdu, which is the rate assigned to the PRC-wide entity
(including Chengdu) in the preliminary results. The final PRC-wide rate
will be determined in the final results of review that will cover all
entities other than Chengdu. These non-expedited final results of
review are currently due for issuance by May 3, 2007.
Final Results of Review
We determine that the following antidumping duty margin applies:
------------------------------------------------------------------------
Producer/Exporter Margin (percent)
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Chengdu Waiyuan Bee Products Co., Ltd............... 212.39
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Assessment of Antidumping Duties
Pursuant to 19 CFR 351.212(b), the Department will determine, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries. The Department intends to issue
assessment instructions to CBP 15 days after the date of publication of
these final results of review.
Cash Deposits
The following cash-deposit requirements will be effective upon
publication of these expedited partial final results for shipments of
the subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the publication date of these partial final
results, as provided by section 751(a)(2)(C) of the Act: (1) for
subject merchandise exported by Chengdu, the cash deposit rate will be
212.39 percent; (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)
for all other PRC exporters of subject merchandise which have not been
found to be entitled to a separate rate, the cash-deposit rate will be
the PRC-wide rate of 212.39 percent; and (4) for
[[Page 15657]]
all non-PRC exporters of subject merchandise, the cash-deposit rate
will be the rate applicable to the PRC supplier of that exporter. These
deposit requirements shall remain in effect until publication of the
final results of this administrative review for Anhui Honghui, Jiangsu,
Kunshan Xin'an, Shino-Food and companies subject to the PRC-wide rate
with the exception of Chengdu. For Chengdu, these deposit requirements
shall remain in effect until publication of the final results of the
next administrative review.
Notification to Interested Parties
This notice also serves as the 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 in the subsequent
assessment of double antidumping duties.
This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return/destruction or conversion to judicial protective
order of proprietary information disclosed under APO in accordance with
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO.
This determination is issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: March 27, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E7-6069 Filed 3-30-07; 8:45 am]
BILLING CODE 3510-DS-S