[Federal Register Volume 69, Number 212 (Wednesday, November 3, 2004)]
[Notices]
[Pages 64029-64030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-2996]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-863]


Honey from the People's Republic of China; Notice of Final 
Results and Final Rescission, In Part, of Antidumping Duty New Shipper 
Review.

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On June 3, 2004, the U.S. Department of Commerce (the 
Department) published the preliminary results and partial rescission of 
the new shipper review of the antidumping order on honey from the 
People's Republic of China (69 FR 314348). The review covers one 
producer/exporter, Cheng Du Wai Yuan Bee Products Co., Ltd. (Cheng Du), 
and exports of the subject merchandise to the United States during the 
period of review (POR) of December 1, 2002, through May 31, 2003.
    We have determined that the other exporter that requested a new 
shipper review for the same POR, Jinfu Trading Co., Ltd. (Jinfu PRC), 
failed to demonstrate its entitlement to a new shipper review. 
Therefore, we are rescinding the new shipper review of Jinfu PRC.
    Based on our analysis of the record, including factual information 
obtained since the preliminary results, and of comments from the 
interested parties, we have made changes to Cheng Du'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. Therefore, the 
final results differ from the preliminary results, and we have 
determined that Cheng Du has made sales at less than normal value. See 
``Final Results of Review'' section below.

EFFECTIVE DATE: November 3, 2004.

FOR FURTHER INFORMATION CONTACT: Angelica Mendoza or Brandon Farlander 
at (202) 482-3019 or (202) 482-0182, respectively; Antidumping Duty/
Countervailing Duty Operations, Office Seven, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On June 3, 2004, the Department published the preliminary results 
and partial rescission of this review. See Preliminary Results and 
Partial Rescission of Antidumping Duty New Shipper Review: Honey from 
the People's Republic of China, 69 FR 314348 (June 3, 2004) 
(Preliminary Results). On August 11, 2004, the Department extended the 
final results of this new shipper review by 60 days until October 25, 
2004. See Honey from the People's Republic of China: Extension of Time 
Limit for Final Results of Antidumping New Shipper Review, 69 FR 51062 
(August 17, 2004).
    We invited parties to comment on the Preliminary Results. We 
received case briefs from the American Honey Producers Association and 
the Sioux Honey Association (collectively, petitioners) and from Jinfu 
PRC on July 7, 2004. We received rebuttal briefs from Cheng Du on July 
12, 2004, and from petitioners on July 16, 2004. Parties did not 
request a public hearing.

Scope of the Order

    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 subheadings are provided for convenience 
and customs purposes, the written description of the merchandise under 
review 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 (CRU), room B-099 of the Herbert H. 
Hoover 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/frn/index.html. The paper copy and electronic version of 
the Issues and Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on the comments received from the interested parties, we have 
made changes to the margin calculation for Cheng Du. For the final 
results, we adjusted the surrogate value used to calculate the cost of 
the raw honey input in order to more accurately reflect the range of 
raw honey prices in India during the POR. See the Issues and Decision 
Memorandum at Comment 4, and the Memorandum to the File Regarding Final 
Results of New Shipper Review of the Antidumping Duty Order on Honey 
from the People's Republic of China; Analysis Memorandum (October 25, 
2004) (Cheng Du Final Analysis Memo).
    We continue to calculate surrogate financial ratios for factory 
overhead (FOH), selling, general and administrative expenses (SG&A), 
and profit using the 2002-2003 annual report from the Mahabaleshwar 
Honey Producers Cooperative (MHPC). However, we adjusted our 
calculations of the FOH and SG&A ratios. See Issues and Decision 
Memorandum at Comment 5 and Cheng Du Final Analysis Memo at Attachment 
8.
    For labor, in the Preliminary Results, we used the PRC regression-
based wage rate at Import Administration's home page, Import Library, 
Expected Wages of Selected NME Countries, revised in September 2002 and 
corrected in February 2003. In September 2004, the Expected Wages of 
Selected NME Countries was updated. For these Final Results, we are 
using the PRC regression-based wage rate in the Expected Wages of 
Selected NME Countries, revised in September 2004. See Cheng Du Final 
Analysis Memo at Attachments 3 and 9.

Partial Rescission of New Shipper Review

    We are rescinding the new shipper review, with respect to Jinfu 
PRC, because we have determined that it has not satisfied all required 
regulatory and certification requirements for a new shipper review. For 
a full discussion of this issue, see the Issues and Decision Memorandum 
at Comments 1-3.
    In order to qualify for a new shipper review under 19 CFR 351.214 
of the Department's regulations, a company must provide certifications 
and

[[Page 64030]]

documentation establishing, among other things, the date of the first 
sale to an unaffiliated customer in the United States. See 19 CFR 
351.214(b)(2)(iv)(C) of the Department's regulations. Because Jinfu 
PRC's certification (which it provided prior to the initiation of the 
new shipper review) does not include documentation establishing the 
date of the first sale to an unaffiliated customer in the United 
States, Jinfu PRC has failed to satisfy the threshold new shipper 
certification requirements, and is therefore, not entitled to a new 
shipper review. Therefore, we are rescinding this review with respect 
to Jinfu PRC. Since Jinfu PRC does not qualify for a separate rate, it 
is considered part of the non-market-economy (NME) entity, which was 
subject to the original investigation and, accordingly, will receive 
the NME/PRC-wide rate of 183.80.

Final Results of New Shipper Review

We determine that the following antidumping margin percentages exist 
during the period of December 1, 2002, through May 31, 2003:

------------------------------------------------------------------------
                                                       Weighted-Average
                Manufacturer/Exporter                  Margin (percent)
------------------------------------------------------------------------
Cheng Du Wai Yuan Bee Products Co., Ltd.............               22.03
Jinfu Trading Co., Ltd..............................              183.80
------------------------------------------------------------------------

Assessment of Antidumping Duties

    The Department shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries. In accordance with 19 CFR 351.212(b)(1) of the Department's 
regulations, 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 entered 
customs values for the subject merchandise on each of the importer's/
customer's entries during the review period. For assessment purposes 
for the sale by Jinfu PRC, which we have determined is part of the NME/
PRC entity, we are applying the NME/PRC-wide rate of 183.80 percent.

Cash Deposit Requirements

    Bonding will no longer be permitted to fulfill security 
requirements for shipments from Cheng Du and Jinfu PRC 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 following cash deposit rates shall be required for 
merchandise subject to the order entered, or withdrawn from warehouse, 
for consumption on or after the publication date of these final results 
for this new shipper review, as provided for by section 751(a)(1) of 
the Tariff Act of 1930, as amended: (1) The cash deposit rates for 
Cheng Du (i.e., for subject merchandise both manufactured and exported 
by Cheng Du only) and Jinfu PRC (i.e., for subject merchandise 
manufactured by Cixi City Yikang Bee Industry Co., Ltd. (Yikang Bee) 
and exported by Jinfu PRC) will be the rates indicated above; (2) the 
cash deposit rate for PRC exporters who received a separate rate in a 
prior segment of the proceeding will continue to be the rate assigned 
in that segment of the proceeding; (3) the cash deposit rate for the 
NME/PRC entity and for subject merchandise exported by Cheng Du and 
Jinfu PRC but not manufactured by Cheng Du and Yikang Bee, 
respectively, will continue to be the NME/PRC- wide rate (i.e., 183.80 
percent); and (4) the cash deposit rate for non-PRC exporters of 
subject merchandise from the PRC will be the rate applicable to the PRC 
exporter/producer that supplied that non-PRC exporter. 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 companies 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) of its 
regulations. This notice serves as a final reminder to importers of 
their 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 25, 2004.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.

Appendix I

Issues in the Decision Memorandum

Comment 1: Submission of New Factual Information by Jinfu PRC
Comment 2: Relationship between Jinfu PRC and Jinfu Trading (USA), Inc. 
(Jinfu USA)
Comment 3: Bona Fides of the Relevant U.S. Sale
Comment 4: Calculation of the Surrogate Value for Raw Honey
Comment 5: Calculation of the Surrogate Financial Ratios
[FR Doc. E4-2996 Filed 11-2-04; 8:45 am]
BILLING CODE 3510-DS-P