[Federal Register Volume 68, Number 211 (Friday, October 31, 2003)]
[Notices]
[Pages 62053-62055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-27493]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-863]


Notice of Final Results of Antidumping Duty New Shipper Review: 
Honey From the People's Republic of China

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

SUMMARY: On June 2, 2003, the Department published the preliminary 
results of the new shipper review of the antidumping duty order on 
honey from the People's Republic of China (68 FR 33099). The review 
covers one producer/exporter, Wuhan Bee Healthy Co., Ltd. (Wuhan), and 
exports of the subject merchandise to the United States during the 
period December 1, 2001, through May 31, 2002.
    Based on our analysis of the record, including factual information 
obtained since the preliminary results, we have made changes to Wuhan'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. We also 
adjusted the cost of manufacture (COM) to offset for Wuhan's by-product 
revenues. Therefore, the final results differ from the preliminary 
results. See ``Final Results of Review'' section below.

EFFECTIVE DATE: October 31, 2003.

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

SUPPLEMENTARY INFORMATION:

Background

    On January 23, 2003, the Department extended the preliminary 
results of this new shipper review by 120 days until May 27, 2003. See 
Honey from the People's Republic of China: Extension of

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Time Limits for Preliminary Results of New Shipper Antidumping Duty 
Review, 68 FR 4761 (January 30, 2003).
    We published in the Federal Register the preliminary results of 
this new shipper review on June 3, 2003. See Notice of Preliminary 
Results of Antidumping Duty New Shipper Review: Honey from the People's 
Republic of China, 68 FR 33099 (June 3, 2003) (Preliminary Results). On 
July 16, 2003, the Department extended the final results of this new 
shipper review by 60 days until October 24, 2003. See Honey from the 
People's Republic of China: Extension of Time Limit of Final Results of 
New Shipper Review, 68 FR 42001 (July 16, 2003). See also Memorandum to 
the File through Donna L. Kinsella: Correction of Notice of Extension 
of Time Limit of Final Results of New Shipper Review; Honey from the 
People's Republic of China (A-570-863) dated July 22, 2003.
    The period of review (POR) is December 1, 2001, through May 31, 
2002. We invited parties to comment on our Preliminary Results. We 
received case briefs from Wuhan Bee Healthy Co., Ltd. (Wuhan) and 
petitioners (the American Honey Producers Association and the Sioux 
Honey Association (collectively, petitioners)), on July 21, 2003. We 
received rebuttal briefs from the same parties on July 28, 2003. On 
July 31, 2003, we held a public hearing for this new shipper review.

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 review 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 the U.S. Customs and 
Border Protection (CBP) purposes, the Department's written description 
of the merchandise under order 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, room B-099 of the main Department 
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. The paper copy and electronic version of the Issues and 
Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on the use of additional publicly available information and 
the comments received from the interested parties, we have made changes 
to the margin calculation for Wuhan. For a discussion of these changes, 
see Issues and Decision Memorandum. For business proprietary details of 
our analysis of the changes described below to our preliminary margin 
calculations, see Memo to the File regarding Analysis of the Data 
Submitted by Wuhan Bee Healthy Co., Ltd. in the Final Results of the 
New Shipper Review on the Antidumping Duty Order on Honey from the 
People's Republic of China (October 24, 2003) (Final Analysis Memo) and 
Memo to the File regarding Final Results of New Shipper Review of the 
Antidumping Duty Order on Honey from the People's Republic of China; 
Factors of Production Valuation (October 24, 2003) (Final FOP Memo).
    For the final results, we adjusted the surrogate value used to 
calculate the cost of the raw honey input to reflect more accurately 
monthly raw honey price increases in India during the POR. See Issues 
and Decision Memorandum at Comment 2 and Final FOP Memo at 2 and 
Attachments 2 and 3.
    We continue to calculate surrogate ratios for factory overhead 
(FO), selling, general and administrative expenses (SG&A), and profit 
using the 2001-2002 annual report from the Mahabaleshwar Honey 
Producers Cooperative (MHPC). However, we did adjust our calculations 
of the FO and SG&A surrogate ratios. See Issues and Decision Memorandum 
at Comment 3 and Final FOP Memo at 3 and Attachment 9.
    In accordance with the Department's current practice, for these 
final results, we have also adjusted our calculation of Wuhan's COM to 
account for its by-product revenue. To accomplish this, we applied the 
above-mentioned surrogate ratios as adjusted to Wuhan's COM exclusive 
of the by-product offset, because the denominator in the ratio and the 
amount to which the ratio is applied must be on the same basis. See 
Notice of Amended Preliminary Antidumping Duty Determination of Sales 
at Less Than Fair Value: Certain Frozen Fish Fillets from the Socialist 
Republic of Vietnam, 68 FR 10440 (March 5, 2003). See Final Analysis 
Memo at 2 and Final FOP Memo at Attachment 11.

Final Results of Review

    We determine that the following antidumping margin percentage 
exists for Wuhan during the period December 1, 2001, through May 31, 
2002:

------------------------------------------------------------------------
                                                                Margin
                  Manufacturer and exporter                    (percent)
------------------------------------------------------------------------
Wuhan Bee Healthy Co., Ltd..................................      32.84
------------------------------------------------------------------------

Assessment of Antidumping Duties

    The Department shall determine, and CBP shall assess, antidumping 
duties on all appropriate entries. In accordance with 19 CFR 
351.212(b)(1), 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 CBP entered 
values for the subject merchandise on each of the importer's/customer's 
entries during the review period.

Cash Deposits Requirements

    Bonding will no longer be permitted to fulfill security 
requirements for shipments from Wuhan 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 above cash deposit rate shall be required for shipments of 
honey that is both produced and exported by Wuhan, entered, or 
withdrawn from warehouse, for consumption on or after the publication 
date of these final results for this new shipper review, as provided by 
section 751(a)(1) of the Act. 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 company 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). This 
notice serves as a final reminder to importers of their

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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 24, 2003.
James J. Jochum,
Assistant Secretary for Import Administration.

Appendix I

Comments Discussed in Issues and Decision Memorandum

    1. Bona Fides of Wuhan Bee Healthy Co., Ltd.'s U.S. Sale.
    2. Surrogate Value for Raw Honey.
    3. Factory Overhead, SG&A, and Profit Ratios.
    4. Surrogate Value for Coal.
    5. Surrogate Value for Electricity.
    6. Exclusion of Certain Import Data in Calculating Certain 
Surrogate Values.

[FR Doc. 03-27493 Filed 10-30-03; 8:45 am]
BILLING CODE 3510-DS-P