[Federal Register Volume 70, Number 37 (Friday, February 25, 2005)]
[Notices]
[Pages 9271-9273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-784]


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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 of Antidumping Duty New Shipper Reviews

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

EFFECTIVE DATE: February 25, 2005.
SUMMARY: On November 29, 2004, the U.S. Department of Commerce (``the 
Department'') published the preliminary results of the new shipper 
reviews of the antidumping order on honey from the People's Republic of 
China (69 FR 69350). These reviews cover four exporters, Anhui Honghui 
Foodstuff (Group) Co., Ltd. (``Anhui Honghui''), Eurasia Bee's Products 
Co., Ltd. (``Eurasia''), Inner Mongolia Youth Trade Development Co., 
Ltd. (``Inner Mongolia Youth''), and Jiangsu Kanghong Natural 
Healthfoods Co., Ltd. (``Jiangsu Kanghong''). The period of review 
(``POR'') is December 1, 2002, through November 30, 2003.
    Based on our analysis of the record, and on comments from the 
interested parties, we have made changes to the margin calculations of 
all four producers/exporters as described below. See ``Final Results of 
Review'' section below.

FOR FURTHER INFORMATION CONTACT: Anya Naschak or Kristina Boughton at 
(202) 482-6375 or (202) 482-8173, respectively; AD/CVD Operations, 
Office 9, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On November 29, 2004, the Department published the preliminary 
results of these reviews. See Notice of Preliminary Results of 
Antidumping Duty New Shipper Reviews: Honey from the People's Republic 
of China, 69 FR 69350 (November 29, 2004) (``Preliminary Results'').
    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 Anhui 
Honghui, Eurasia, and Jiangsu Kanghong on December 29, 2004. We 
received rebuttal briefs from the same parties on January 7, 2005. 
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 the order is dispositive.

[[Page 9272]]

Analysis of Comments Received

    All issues raised in the briefs are addressed in the Issues and 
Decision Memorandum for the Final Results in the 2002/2003 New Shipper 
Reviews of Honey from the People's Republic of China from Barbara E. 
Tillman, Acting Deputy Assistant Secretary to Joseph A. Spetrini, 
Acting Assistant Secretary, dated February 17, 2005 (``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 calculations for Anhui Honghui, Eurasia, 
Jiangsu Kanghong, and Inner Mongolia Youth. For the final results, we 
revised our calculation of surrogate financial ratios for factory 
overhead, selling, general and administrative expenses (``SG&A''), and 
profit, to use the more contemporaneous 2003/2004 annual report from 
the Mahabaleshwar Honey Producers Cooperative (``MHPC''), and applied 
these new ratios in our margin calculations. See e.g., Issues and 
Decision Memorandum at Comment 3.
    We also revised our calculation of constructed export price 
(``CEP'') profit for Anhui Honghui, and Jiangsu Kanghong to use the 
surrogate profit ratio from MHPC's financial statements in accordance 
with the Department's practice. See e.g., Issues and Decision 
Memorandum at Comment 5.
    For Anhui Honghui and Eurasia, we have revised the treatment of 
marine insurance costs. See e.g., Issues and Decision Memorandum at 
Comment 4. Also for Anhui Honghui we are no longer including marine 
insurance in the calculation of net U.S. price for certain sales on 
which those expenses were not incurred. See Id.

Final Results of New Shipper Reviews

    We determine that the following antidumping margin percentages 
exist during the period of December 1, 2002, through November 30, 2003:

------------------------------------------------------------------------
                                                                Margin
             Exporter                     Producer(s)         (percent)
------------------------------------------------------------------------
Anhui Honghui Foodstuff (Group)    Anhui Honghui Foodstuff         25.72
 Co., Ltd.                          (Group) Co., Ltd.
Eurasia Bee's Products Co., Ltd..  Eurasia Bee's Products          50.35
                                    Co., Ltd. or Chuzhou
                                    Huadi Foodstuffs Co.,
                                    Ltd.
Inner Mongolia Youth Trade         Qinhuangdao Municipal           51.71
 Development Co., Ltd.              Dafeng Industrial Co.,
                                    Ltd.
Jiangsu Kanghong Natural           Jiangsu Kanghong Natural        46.92
 Healthfoods Co., Ltd.              Healthfoods Co., Ltd.
------------------------------------------------------------------------

Assessment of Antidumping Duties

    The Department shall determine, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries. Pursuant to 19 CFR 351.212(b)(1), we calculated 
importer- or customer-specific ad valorem duty assessment rates based 
on the ratio of the total amount of the dumping margins calculated for 
the examined sales to the total entered value of those same sales. In 
accordance with 19 CFR 351.106(c)(2), we will instruct CBP to liquidate 
without regard to antidumping duties all entries of subject merchandise 
during the POR for which the importer- or customer-specific assessment 
rate is zero or de minimis (i.e., less than 0.50 percent). The 
Department will issue appropriate assessment instructions directly to 
CBP within 15 days of publication of the final results of these 
reviews.

Cash Deposit Requirements

    Bonding will no longer be permitted to fulfill security 
requirements for shipments from Anhui Honghui, Eurasia, Inner Mongolia 
Youth, and Jiangsu Kanghong 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 these new shipper reviews, 
as provided for by section 751(a)(1) of the Tariff Act of 1930, as 
amended: (1) The cash deposit rates for Anhui Honghui (i.e., for 
subject merchandise both manufactured and exported by Anhui Honghui 
only); Eurasia (i.e., for subject merchandise manufactured by Eurasia 
or Chuzhou Huadi Foodstuffs Co., Ltd. (``Chuzhou'') and exported by 
Eurasia); Inner Mongolia Youth (i.e., for subject merchandise 
manufactured by Qinhuangdao Municipal Dafeng Industrial Co., Ltd. 
(``QDI'') and exported by Inner Mongolia Youth); and Jiangsu Kanghong 
(i.e., for subject merchandise both manufactured and exported by 
Jiangsu Kanghong only) 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 PRC entity 
and for subject merchandise exported by Anhui Honghui not manufactured 
by Anhui Honghui; exported by Eurasia not manufactured by Eurasia or 
Chuzhou; exported by Inner Mongolia Youth not manufactured by QDI; and 
exported by Jiangsu Kanghong not manufactured by Jiangsu Kanghong, will 
continue to be the 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 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

[[Page 9273]]

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.
    The final results of these new shipper reviews and notice are in 
accordance with sections 751(a)(2)(B) and 777(i)(1) of the Act.

    Dated: February 17, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.

Appendix I--Issues in the Decision Memorandum

    Comment 1: Appropriate Surrogate Value for Honey.
    Comment 2: Whether the Tribune Article is Tainted by Conflict of 
Interest.
    Comment 3: Calculation of the Financial Ratios.
    Comment 4: Clerical Errors.
    Comment 5: Recalculation of Constructed Export Price Profit.
    Comment 6: Treatment of Non-dumped Sales.
    Comment 7: Use of Indian Labor Rate for Valuing Labor.
    Comment 8: Use of Regression-Based Wage Rate Information.

 [FR Doc. E5-784 Filed 2-24-05; 8:45 am]
BILLING CODE 3510-DS-P