[Federal Register Volume 68, Number 143 (Friday, July 25, 2003)]
[Notices]
[Pages 44045-44046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-19020]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-863]


Honey From the People's Republic of China: Final Rescission, in 
Part, of Antidumping Duty Administrative Review

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

ACTION: Notice of final rescission, in part, of antidumping duty 
administrative review.

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SUMMARY: The Department of Commerce (the Department) has determined 
that the first administrative reviews of five PRC honey exporters/
producers should be rescinded.

EFFECTIVE DATE: July 25, 2003.

FOR FURTHER INFORMATION CONTACT: Angelica Mendoza or Brandon Farlander 
at (202) 482-3019 or (202) 482-0182, respectively; Antidumping and 
Countervailing Duty Enforcement 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 statute are 
references to the provisions effective January 1, 1995, the effective 
date of the amendments made to the Tariff Act of 1930 (the Act) by the 
Uruguay Round Agreements Act (URAA). In addition, unless otherwise 
indicated, all citations to the Department's regulations refer to the 
regulations codified at 19 CFR part 351 (April 2002).

Case History

    On December 17, 2002, the Department published a Notice of 
Opportunity to Request an Administrative Review of Antidumping or 
Countervailing Duty Order, Finding, or Suspended Investigation, 67 FR 
77222 (December 17, 2002). On December 31, 2002, the American Honey 
Producers Association and the Sioux Honey Association (collectively, 
petitioners) in this proceeding, requested, in accordance with section 
351.213(b) of the Department's regulations, an administrative review of 
the antidumping duty order on honey from the People's Republic of China 
(PRC) covering the period May 11, 2001, through November 30, 2002.\1\
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    \1\ On January 27, 2003, the Department clarified that the 
period of review (POR) for certain PRC honey exporters/producers, 
including Wuhan, Shanghai Xiuwei, and Sichuan Dubao is February 10, 
2001, through November 30, 2002. See Memorandum to the File through 
Donna L. Kinsella, Case Manager, Office 8; POR for Exporters of 
Honey from the People's Republic of China with Affirmative Critical 
Circumstances Findings (January 27, 2003) for further details.
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    Petitioners requested that the Department conduct an administrative 
review of entries of subject merchandise made by ten PRC producers/
exporters, including Anhui Native Produce Import & Export Corp. 
(Anhui), Inner Mongolia Autonomous Region Native Produce and Animal By-
Products (Inner Mongolia), Shanghai Xiuwei International Trading Co., 
Ltd. (Shanghai Xiuwei), Sichuan-Dujiangyan Dubao Bee Industrial Co., 
Ltd. (Sichuan Dubao), and Wuhan Bee Healthy Co., Ltd. (Wuhan).\2\ We 
also received a timely request from Zhejiang Native Produce and Animal 
By-Products Import & Export Corp., a.k.a. Zhejiang Native Produce and 
Animal By-Products Import and Export Group Corporation (collectively 
Zhejiang), that the Department conduct an administrative review of 
entries of subject merchandise exported by Zhejiang during the POR. On 
January 22, 2003, the Department initiated an administrative review of 
all requested PRC honey exporters/producers. See Initiation of 
Antidumping and Countervailing Duty Administrative Reviews and Requests 
for Revocation in Part, 68 FR 3009 (January 22, 2003).
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    \2\ The other five PRC honey exporters/producers included Henan 
Native Produce and Animal By-Products Import & Export Company, High 
Hope International Group Jiangsu Foodstuffs Import and Export Corp., 
Kunshan Foreign Trade Company, Shanghai Eswell Enterprise Co., Ltd., 
and Zhejiang.
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    In a separate proceeding, the Department received timely requests 
from Shanghai Xiuwei and Sichuan Dubao, in accordance with 19 CFR 
351.214(c), for new shipper reviews of the antidumping duty order on 
honey from the PRC, which has a December annual anniversary month. On 
February 5, 2003, we published a Notice of Initiation of New Shipper 
Antidumping Duty Reviews, 68 FR 5868 (February 5, 2003) initiating new 
shipper reviews of Shanghai Xiuwei's and Sichuan Dubao's sales during 
the same POR as this administrative review.\3\
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    \3\ Moreover, the Department currently is conducting a six-month 
new shipper review of Wuhan's sales during the 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). See also Notice of Preliminary Results of 
Antidumping Duty New Shipper Review: Honey from the People's 
Republic of China, 68 FR 33099 (June 3, 2003).
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    On May 6, 2003, the Department preliminarily determined to rescind, 
in part, the administrative reviews of Anhui, Inner Mongolia, Shanghai 
Xiuwei, Sichuan Dubao, and Wuhan. See Memorandum to Barbara Tillman, 
Acting Deputy Assistant Secretary, AD/CVD Enforcement Group III; Intent 
to Partially Rescind Administrative Reviews (May 6, 2003) (Rescission 
Memo).
    As discussed in the above-referenced Rescission Memo, this 
administrative review is intended to cover shipments of subject 
merchandise by Anhui and Inner Mongolia during the POR of May 11, 2001, 
through November 30, 2003. However, based upon our shipment data query 
and examination of entry documents, we determined that Anhui and Inner 
Mongolia did not ship subject merchandise during this period.
    As discussed in the Department's Rescission Memo, the new shipper 
reviews of Shanghai Xiuwei and Sichuan Dubao covered the same POR as 
this administrative review. The Department also determined, with 
respect to Wuhan, that there were no other entries to review other than 
those currently under review in its new shipper review. Therefore, we 
determined that Shanghai Xiuwei, Sichuan Dubao, and Wuhan were new 
shippers and should not be subject to this proceeding.
    We invited parties to comment on our Rescission Memo. On May 21, 
2003, we received responses from Wuhan, Inner Mongolia, and Anhui in 
support of the Department's decision to rescind their respective 
administrative reviews. We did not receive comments from petitioners, 
Shanghai Xiuwei, nor Sichuan Dubao. Furthermore, interested

[[Page 44046]]

parties did not submit case briefs or request a hearing. In summary, 
all parties commenting on the Rescission Memo supported the 
Department's preliminary decision to rescind these reviews, and there 
have been no changes since the Department placed its Rescission Memo on 
the record of this administrative review.

Scope of Review

    The merchandise under review is honey from the PRC. 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 subheading is provided for convenience and customs 
purposes, the written description of the merchandise under review is 
dispositive.

Rescission, in Part, of First Administrative Review

    We provided interested parties with an opportunity to comment on 
our preliminary determination to rescind the administrative reviews of 
Anhui, Inner Mongolia, Shanghai Xiuwei, Sichuan Dubao, and Wuhan. As 
noted above, we received responses from Wuhan, Inner Mongolia, and 
Anhui in support of the Department's decision to rescind their 
respective administrative reviews. As discussed in detail in our 
Rescission Memo, because Anhui and Inner Mongolia made no entries, 
exports or sales of subject merchandise to the United States during the 
POR, we determined that these companies were non-shippers. Furthermore, 
because Wuhan, Shanghai Xiuwei, and Sichuan Dubao made no entries, 
exports or sales of subject merchandise to the United States not 
currently under review in their respective new shipper reviews, the 
Department determined to treat these companies as new shippers not 
subject to this administrative review. In accordance with Sec. Sec.  
351.213(d)(3) and 351.214(j)(1) of the Department's regulations, we are 
rescinding our administrative reviews of Anhui, Inner Mongolia, 
Shanghai Xiuwei, Sichuan Dubao, and Wuhan. See, e.g., Certain Non-
Frozen Apple Juice Concentrate from the People's Republic of China: 
Final Results of 1999-2001 Administrative Review and Partial Rescission 
of Review, 67 FR 68987 (November 14, 2002); see also, Frozen 
Concentrated Orange Juice from Brazil: Final Results and Partial 
Rescission of Antidumping Duty Administrative Review, 67 FR 40913 (June 
14, 2002)).
    This notice also serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305. Timely notification of 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 are sanctionable violations.
    This determination is issued and published pursuant to sections 
751(a) and 777(i) of the Act.

    Dated: July 22, 2003.
Richard O. Weible,
Acting Deputy Assistant Secretary for Import Administration, Group III.
[FR Doc. 03-19020 Filed 7-24-03; 8:45 am]
BILLING CODE 3510-DS-P