[Federal Register Volume 70, Number 30 (Tuesday, February 15, 2005)]
[Notices]
[Pages 7714-7715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-630]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-570-863


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

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

EFFECTIVE DATE: February 15, 2005.
SUMMARY: On May 24, 2004, the Department of Commerce (the Department) 
initiated a new shipper review of the antidumping duty order on honey 
from the People's Republic of China (PRC) covering the period December 
1, 2003, through May 31, 2004. This new shipper review covered one 
exporter, Foodworld International Club, Ltd. (Foodworld). For the 
reasons discussed below, we are rescinding the review of Foodworld.

FOR FURTHER INFORMATION CONTACT: Kristina Boughton, or Bobby Wong at 
(202) 482-8173 or (202) 482-0409, respectively; AD/CVD Operations, 
Office 9, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On May 24, 2004, the Department received a timely request for a new 
shipper review of the antidumping duty order on honey from the PRC from 
Foodworld, an exporter of the subject merchandise sold to the United 
States. On August 5, 2004, the Department initiated a new shipper 
review of Foodworld under the antidumping duty order on honey from the 
PRC for the period December 1, 2003, through May 31, 2004. See Honey 
From The People's Republic of China: Initiation of New Shipper 
Antidumping Duty Review, 69 FR 47407. On August 24, 2004, the 
Department issued an antidumping duty questionnaire to Foodworld. 
Foodworld submitted its Section A response on October 4, 2004, its 
Section C response on October 8, 2004, and its Section D response on 
October 12, 2004. On December 22, 2004, the Department issued a 
supplemental questionnaire to Foodworld. On January 14, 2005, Foodworld 
submitted a letter informing the Department of its wish to withdraw 
from this new shipper review and asking the Department to terminate the 
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 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 customs purposes, 
the Department's written description of the merchandise under order is 
dispositive.

Rescission of New Shipper Review

    Pursuant to 19 CFR 351.214(f)(1), the Department may rescind a new 
shipper review if a party that requested a review withdraws its request 
not later than 60 days after the date of publication of notice of 
initiation of the requested review. Although Foodworld withdrew its 
request for a new shipper review on January 14, 2005, which is after 
the expiration of the 60-day deadline, the Department nevertheless has 
the discretion to extend the time period for withdrawal on a case-by-
case basis. See e.g., Certain Preserved Mushrooms from the People's 
Republic of China: Notice of Partial Rescission of Seventh New Shipper 
Review, 69 FR 22004 (April 23, 2004). We find it reasonable to extend 
the deadline for withdrawal in this case because we had not yet 
committed significant resources to this new shipper review. 
Specifically, we had not begun calculating an antidumping duty margin 
for Foodworld nor had we verified any of Foodworld's data. Furthermore, 
Foodworld was the only party to request a review, and we did not 
receive any submissions opposing Foodworld's withdrawal of its request 
for review. Finally, we note that our decision to rescind this new 
shipper review with respect to Foodworld would not prejudice any party 
to this proceeding, as Foodworld will continue to be included in the 
PRC-wide rate to which it was subject at the time it requested this 
review. For these reasons, we have accepted Foodworld's withdrawal and 
are rescinding the new shipper review of the antidumping duty order on 
honey from the PRC in accordance with 19 CFR 351.214(f)(1).

Cash Deposits

    The Department will notify U.S. Customs and Border Protection (CBP) 
that bonding is no longer permitted to fulfill security requirements 
for shipments from Foodworld of honey from the PRC entered or withdrawn 
from warehouse for consumption in the United States on or after the 
publication of this notice of rescission of antidumping duty new 
shipper review in the Federal Register. Further, effective upon 
publication of this notice, for all shipments of the subject 
merchandise exported by Foodworld and entered or withdrawn from 
warehouse for consumption, the cash deposit rate will be the PRC-wide 
rate, which is 183.80 percent.

Notification to Interested Parties

    This notice serves as a 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.

Notification to Parties Subject to Administrative Protective Orders

    This notice serves as a reminder to parties subject to 
administrative protective orders (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 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) and 777(i)(1) of the Tariff Act 
of 1930, as amended, and 19 CFR 351(f)(3).)


[[Page 7715]]


    Dated: February 8, 2005.
Barbara E. Tillman,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. E5-630 Filed 2-14-05; 8:45 am]
BILLING CODE 3510-DS-S