[Federal Register Volume 69, Number 112 (Thursday, June 10, 2004)]
[Notices]
[Pages 32494-32495]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13067]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-863]


Honey From the People's Republic of China: Amended Final Results 
of First Antidumping Duty Administrative Review

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

ACTION: Notice of amended final results of first antidumping duty 
administrative review.

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SUMMARY: On May 5, 2004, the U.S. Department of Commerce (the 
Department) published in the Federal Register the final results of the 
first administrative review of the antidumping duty order on honey from 
the People's Republic of China (PRC) covering the period February 10, 
2001, through November 30, 2002 \1\ (69 FR 25060). On May 4, 2004, in 
accordance with 19 CFR 351.224(c)(2), we received timely-filed 
ministerial error allegations from respondent, 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 
(Zhejiang). We did not receive comments from petitioners.\2\ Based on 
our analysis of Zhejiang's ministerial error allegations, the 
Department has revised the antidumping duty rate for Zhejiang. 
Accordingly, we are amending the final results. See the ``Amended Final 
Results of Review'' section below.
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    \1\ The period of review (POR) for those entities with an 
affirmative critical circumstances finding from the less-than-fair-
value investigation (including Zhejiang) is February 10, 2001, 
through November 30, 2002. For all other companies, the period of 
review is May 11, 2001, through November 30, 2002.
    \2\ Petitioners in this proceeding are the American Honey 
Producers Association and the Sioux Honey Association.

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EFFECTIVE DATE: June 10, 2004.

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: 

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.

Amended Final Results of Review

    Zhejiang alleged that the Department did not calculate a raw honey 
value representative of the POR, as it intended to do, in calculating 
Zhejiang's final ad valorem margin. Specifically, Zhejiang alleged that 
the Department: (1) Incorrectly double-counted for the December 2001 
raw honey surrogate value, adjusted for inflation, in its calculation 
of a POR average value and (2) failed to inflate the raw honey 
surrogate value by an average rate of inflation for the period February 
2001 through November 2001, which was inconsistent with its calculation 
of inflation for the period June 2002 through November 2002. 
Additionally, Zhejiang noted that the Department incorrectly described 
the denominator used to calculate inflation for the period June 2002 
through November 2002.
    We agree in part with Zhejiang. The Act, as well as the 
Department's regulations, define a ministerial error as one involving 
``addition, subtraction, or other arithmetic function, clerical errors 
resulting from inaccurate copying, duplication, or the like, and any 
other type of unintentional error which the Secretary considers 
ministerial.'' See section 751(h) of the Act and 19 CFR 351.224(f) of 
the Department's regulations. We agree with Zhejiang's claim that we 
inadvertently failed to inflate the raw honey surrogate value by an 
average rate of inflation for the period February 2001 through November 
2001. Therefore, we have corrected Zhejiang's final margin program 
accordingly. However, the Department disagrees with Zhejiang's other 
claim that the Department double-counted the December 2001 raw honey 
surrogate value in its calculations. In fact, the Department only 
represented the December 2001 raw honey surrogate value (adjusted for 
inflation) once in its calculation. See Memorandum to the File 
regarding Final Results of the First Administrative Review of the 
Antidumping Duty Order on Honey from the People's Republic of China; 
Factors of Production Valuation (April 28, 2004) (Final FOP Memo) at 
Attachment 2, in which the Department notes that it calculated an 
average raw honey surrogate value for the period January 2002 through 
May 2002. Therefore, since the Department did not commit an error with 
respect to the December 2001 surrogate value, we are not making any 
adjustments in regard to our use of the December 2001 raw honey 
surrogate value in our final calculation of the final POR average 
value. See the June 1, 2004, memorandum to James J. Jochum, Assistant 
Secretary for Import Administration, from Joseph A. Spetrini, Deputy 
Assistant Secretary for

[[Page 32495]]

AD/CVD Enforcement Group III (Amended Final Memo) at Attachment 1.
    With respect to Zhejiang's comment that the Department incorrectly 
described the denominator that yielded its Inflator 2 calculation, we 
have updated the description to accurately reflect the variable used by 
the Department. See Amended Final Memo at Attachment 3.
    As a result of our corrections, for the period February 10, 2001, 
through November 30, 2002, Zhejiang's antidumping duty margin decreased 
from 68.35 percent to 67.70 percent ad valorem.
    The Department will instruct the CBP to assess antidumping duties, 
as indicated above, on all appropriate entries. The Department will 
issue liquidation instructions directly to the CBP. The amended cash 
deposit requirement is effective for all shipments of subject 
merchandise from Zhejiang entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of this notice and 
shall remain in effect until publication of the final results of the 
next administrative review.
    These amended final results are issued and published in accordance 
with section 751(h) of the Act and 19 CFR 351.224 of the Department's 
regulations.

    Dated: June 2, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 04-13067 Filed 6-9-04; 8:45 am]
BILLING CODE 3510-DS-P