[Federal Register: February 5, 2007 (Volume 72, Number 23)]
[Notices]
[Page 5265-5266]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05fe07-29]
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DEPARTMENT OF COMMERCE
International Trade Administration
A-570-863
Honey from the People's Republic of China: Initiation of New
Shipper Antidumping Duty Reviews
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: February 5, 2007.
SUMMARY: On December 28, 2006, the Department of Commerce (``the
Department'') received a request from QHD Sanhai Honey Co., Ltd. (``QHD
Sanhai'') to conduct a new shipper review of the antidumping duty order
on honey from the People's Republic of China (``PRC''). We have
determined that this request meets the statutory and regulatory
requirements for the initiation of a new shipper review.
FOR FURTHER INFORMATION CONTACT: Scot Fullerton or Christopher Riker,
AD/CVD Operations, Office 9, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14\th\ Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
1386 or (202) 482-3441, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department received a timely request from QHD Sanhai in
accordance with section 751(a)(2)(B) of the Tariff Act of 1930, as
amended (``the Act'') and 19 CFR 351.214 (c), for a new shipper review
of the antidumping duty order on honey from the PRC, which has a
December anniversary month. See Notice of Amended Final Determination
of Sales at Less Than Fair Value and Antidumping Duty Order; Honey from
the People's Republic of China, 66 FR 63670 (December 10, 2001). QHD
Sanhai identified itself as a producer and exporter of honey. As
required by 19 CFR 351.214(b)(2)(i) and (iii)(A), QHD Sanhai certified
that it did not export honey to the United States during the period of
investigation (``POI''), and that it has never been affiliated with any
exporter or producer which exported honey to the United States during
the POI. Furthermore, the company also certified that its export
activities are not controlled by the government of the PRC, satisfying
the requirements of 19 CFR 351.214(b)(2)(iii)(B).
Pursuant to 19 CFR 351.214(b)(2)(iv), QHD Sanhai submitted
documentation establishing the date on which the subject merchandise
was first entered for consumption in the United States, the volume of
that first shipment and any subsequent shipments, and the date of the
first sale to an unaffiliated customer in the United States.
The Department conducted Customs database queries and analyzed
Customs entry packages to confirm that the shipments made by QHD Sanhai
had officially entered the United States via assignment of an entry
date in the Customs database by U.S. Customs and Border Protection
(``CBP''). In addition, the Department confirmed the existence of QHD
Sanhai and its U.S. customer.
Initiation of Review
In accordance with section 751(a)(2)(B) of the Act and 19 CFR
351.214(d)(1), and based on information on the record, we are
initiating a new shipper review for QHD Sanhai. See Memorandum to the
File through James C. Doyle, Director, AD/CVD Operations, Office 9,
Import Administration, from Scot Fullerton, Senior Case Analyst, AD/CVD
Operations, Office 9, Import Administration, regarding Initiation of
Antidumping Duty New Shipper Review: Honey from the People's Republic
of
[[Page 5266]]
China (January 29, 2007). We intend to issue the preliminary results of
this review not later than 180 days after the date on which this review
was initiated, and the final results of this review within 90 days
after the date on which the preliminary results were issued.
Pursuant to 19 CFR 351.214(g)(1)(i)(A), the period of review
(``POR'') for a new shipper review, initiated in the month immediately
following the anniversary month, will be the 12-month period
immediately preceding the anniversary month. Therefore, the POR for the
new shipper review of QHD Sanhai is December 1, 2005, through November
30, 2006.
In cases involving non-market economies, the Department requires
that a company seeking to establish eligibility for an antidumping duty
rate separate from the country-wide rate provide evidence of de jure
and de facto absence of government control over the company's export
activities. See Final Determination of Sales at Less Than Fair Value:
Bicycles from the People's Republic of China, 61 FR 19026, 19027 (April
30, 1996). Accordingly, we will issue a questionnaire to QHD Sanhai,
including a separate rates section. The review will proceed if the
responses provide sufficient indication that QHD Sanhai is not subject
to either de jure or de facto government control with respect to its
exports of honey. However, if QHD Sanhai does not demonstrate its
eligibility for a separate rate, then the company will be deemed not
separate from other companies that exported during the POI and the new
shipper review will be rescinded as to the company.
Interested parties that require access to proprietary information
in this new shipper review should submit applications for disclosure
under administrative protective orders in accordance with 19 CFR
351.305 and 351.306.
This initiation and notice are in accordance with section
751(a)(2)(B) of the Act, 19 CFR 351.214(d), and 19 CFR
351.221(c)(1)(i).
Dated: January 29, 2007.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E7-1809 Filed 2-2-07; 8:45 am]
BILLING CODE 3510-DS-S