[Federal Register Volume 68, Number 20 (Thursday, January 30, 2003)]
[Notices]
[Pages 4760-4761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-2104]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-863]


Honey From the People's Republic of China: Partial Rescission of 
Antidumping Duty New Shipper Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of partial rescission of the antidumping duty new 
shipper review of honey from the People's Republic of China.

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SUMMARY: On August 6, 2002, the Department of Commerce published the 
initiation of the new shipper reviews of the antidumping duty order on 
honey from the People's Republic of China. The review covers Chengdu-
Dujiangyan Dubao Bee Industrial Co., Ltd., and Wuhan Bee Healthy Co., 
Ltd. The period of review is December 1, 2001, through May 31, 2002. 
For the reasons discussed below, we are rescinding the review of 
Chengdu-Dujiangyan Dubao Bee Industrial Co., Ltd.\1\
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    \1\ We are continuing the new shipper review of the antidumping 
duty order on honey from the People's Republic of China for Wuhan 
Bee Healthy Co., Ltd.

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EFFECTIVE DATE: January 30, 2003.

FOR FURTHER INFORMATION CONTACT: Angelica Mendoza or Donna Kinsella at 
(202) 482-3019 and (202) 482-0194, respectively; AD/CVD Enforcement, 
Office 8, Group III, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

The Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (the Act), are references to the provisions effective 
January 1, 1995, the effective date of the amendments made to the Act 
by the Uruguay Round Agreements Act. In addition, unless otherwise 
indicated, all citations to the Department of Commerce's (the 
Department's) regulations are to 19 CFR part 351 (April 2002).

Scope of the Order

    The products covered by this antidumping duty 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 U.S. 
Customs Service (U.S. Customs) purposes, the Department's written 
description of the merchandise under order is dispositive.

Background

    On June 28, 2002, Chengdu-Dujiangyan Dubao Bee Industrial Co., Ltd. 
(Dubao), a producer and exporter of subject merchandise, submitted a 
request for a new shipper review. Dubao certified in its new shipper 
review request that (1) it did not export honey to the United States 
during the period of investigation (POI), (2) it has never been 
affiliated with any exporter or producer which did export honey during 
the POI, and (3) its export activities are not controlled by the 
central government of the People's Republic of China (PRC). Based on 
Dubao's certifications, the Department initiated a new shipper review 
of the antidumping duty order on honey from the PRC for ``Chengdu-
Dujiangyan Dubao Bee Industrial Co., Ltd.'' for the time period 
December 1, 2001, through May 31, 2002. See Honey from the People's 
Republic of China: Initiation of New Shipper Antidumping Duty Reviews, 
67 FR 50862 (August 6, 2002).
    On November 21, 2002, Dubao informed the Department that its 
counsel incorrectly referred to Dubao as ``Chengdu-Dujiangyan Dubao Bee 
Industrial Co., Ltd.'' in its submissions to the Department. Dubao 
claims that the correct name of the company is ``Sichuan-Dujiangyan 
Dubao Bee Industrial Co., Ltd.'' We did not receive any comments from 
the American Honey Producers Association nor the Sioux Honey 
Association (collectively, petitioners) on this issue.

Rescission of Review

    Dubao did not provide the Department with the correct 
certifications required under 351.214(b)(2) of the Department's 
regulations for a new shipper review. The Department's regulations at 
19 CFR 351.214(b)(2) state that, if the company requesting the review 
is both the exporter and the producer of the subject merchandise, then 
the request from this company must contain a certification that the 
company did not export subject

[[Page 4761]]

merchandise to the United States during the POI. In addition, those 
regulations require that the request for the new shipper review contain 
a certification that the exporter or producer has never been affiliated 
with any exporter or producer that exported subject merchandise to the 
United States during the POI. Moreover, those regulations further 
specify that, in an antidumping proceeding involving imports from a 
nonmarket economy country, the request for a new shipper review must 
also contain a certification that the export activities of the exporter 
or producer are not controlled by the central government.
    As noted above, Dubao failed to identify the correct name of the 
exporter and producer of the subject merchandise for purposes of its 
required certifications. Therefore, we find it appropriate to rescind 
the new shipper review of Dubao based on its failure to provide the 
proper certifications pursuant to 19 CFR 351.214(b)(2).

Notification

    Bonding is no longer permitted to fulfill security requirements for 
shipments from Dubao of honey from the PRC entered, or withdrawn from 
warehouse, for consumption in the United States on or after the 
publication of this rescission notice in the Federal Register.
    This notice also serves as the only reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return/destruction of APO material 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 
sanctions.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(a)(2)(B)(iv) and 777(i) of the Tariff Act 
of 1930, as amended.

    Dated: January 23, 2003.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 03-2104 Filed 1-29-03; 8:45 am]
BILLING CODE 3510-DS-P