[Federal Register Volume 70, Number 139 (Thursday, July 21, 2005)]
[Notices]
[Pages 42032-42033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-3909]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-863]


Honey from the People's Republic of China: Notice of Partial 
Rescission of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On January 31, 2005, the Department of Commerce (the 
Department) published in the Federal Register (70 FR 4818) a notice 
announcing the initiation of the administrative review of the 
antidumping duty order on honey from the People's Republic of China 
(PRC). The period of review (POR) is December 1, 2003, to November 30, 
2004. On June 22, 2005, petitioners and Wuhan Bee Healthy Co., Ltd. 
(Wuhan Bee) withdrew their requests for an administrative review of 
Wuhan Bee. This review is now being rescinded for Wuhan Bee.

EFFECTIVE DATE: July 21, 2005.

FOR FURTHER INFORMATION CONTACT: Anya Naschak or Kristina Boughton, AD/
CVD Operations, Office 9, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone; (202) 482-
6375 and (202) 482-8173, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 10, 2001, the Department of Commerce published in the 
Federal Register an antidumping duty order covering honey from the PRC. 
See Notice of Amended Final Determination of Sales at Less Than Fair 
Value and Antidumping Duty Order; Honey from the People's Republic of 
China, 66 FR 63670 (December 10, 2001). On December 1, 2004, the 
Department published a Notice of Opportunity to Request an 
Administrative Review of Antidumping or Countervailing Duty Order, 
Finding, or Suspended Investigation, 69 FR 69889. On December 30, 2004, 
the American Honey Producers Association and the Sioux Honey 
Association (collectively, petitioners), requested, in accordance with 
section 351.213(b) of the Department's regulations, an administrative 
review of the antidumping duty order on honey from the PRC for 19 
companies covering the period December 1, 2003, through November 30, 
2004. On December 30, 2004, and January 3, 2005, nine Chinese companies 
requested an administrative review of their respective companies. The 
Department notes that petitioners' request covered these nine companies 
as well.
    On January 31, 2005, the Department initiated an administrative 
review of 19 Chinese companies. See Initiation of Antidumping and 
Countervailing Duty Administrative Reviews and Request for Revocation 
in Part, 70 FR 4818 (January 31, 2005). On March 29, 2005, the 
Department rescinded this review with respect to seven companies 
because petitioners, the only party to request a review for these 
companies, withdrew their request for review. See Notice of Partial 
Rescission of Antidumping Duty Administrative Review: Honey from the 
People's Republic of China, 70 FR 15836 (March 29, 2005).
    On May 25, 2005, the Department rescinded this review with respect 
to Anhui Native Produce Import and Export Corp. and Inner Mongolia 
Autonomous Region Native Produce and Animal By-Products Import and 
Export Corporation because petitioners, the only party to request a 
review for these companies, withdrew their request for review. See 
Honey from the People's Republic of China: Notice of Partial Rescission 
of Antidumping Duty Administrative Review, 70 FR 30082 (May 25, 2005).
    On June 22, 2005, petitioners filed a letter withdrawing their 
request for review of Wuhan Bee (respondent), and on the same day, 
respondent also filed a letter withdrawing its request for an 
administrative review. Both parties originally requested a review of 
Wuhan Bee and both parties requested that the Department withdraw the 
review despite the request coming after the 90-day withdrawal period 
because both parties have withdrawn their original requests for review 
and because the Department has not yet committed substantial resources 
to reviewing Wuhan Bee. Further, both parties stated that the 
Department may rescind a review after the 90-day deadline, according to 
its regulations, when it determines it is reasonable. Respondent 
further noted that there are no other Wuhan Bee importers or other 
interested parties that could pose any valid objection to the 
rescission of the review.

Rescission of Review

    The applicable regulation, 19 CFR 351.213(d)(1), states that if a 
party that requested an administrative review withdraws the request 
within 90 days of the publication of the notice of initiation of the 
requested review, the Secretary will rescind the review. It further 
states that the Secretary may extend this time limit if the Secretary 
finds it reasonable to do so. Although petitioners and respondent 
withdrew their review requests with respect to Wuhan Bee after the 90-
day deadline, the Department finds it reasonable to extend the deadline 
for parties to withdraw their request for review with respect to Wuhan 
Bee in accordance with 19 CFR 351.213(d)(1). The Department finds it 
reasonable to extend the withdrawal deadline with respect to Wuhan Bee 
because the Department has not yet committed substantial resources to 
reviewing Wuhan Bee in the instant review and because both parties who 
requested the review have subsequently withdrawn their requests. 
Therefore, we are partially rescinding this review of the antidumping 
duty order on honey from the PRC covering the period December 1, 2003, 
through November 30, 2004, with respect to Wuhan Bee.

Assessment

    The Department will instruct U.S. Customs and Border Protection 
(``CBP'') to assess antidumping duties on all appropriate entries. For 
those companies for which this review is rescinded, antidumping duties 
shall be assessed at rates equal to the cash deposit of estimated 
antidumping duties required at the time of entry, or withdrawal from 
warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). 
The Department will issue appropriate assessment instructions directly 
to CBP within 15 days of publication of this notice.

Notification of Interested Parties

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement

[[Page 42033]]

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 the 
antidumping duties occurred and the subsequent assessment of double 
antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (``APOs'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. 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 terms of an APO 
is a violation that is subject to sanction.
    This notice is issued and published in accordance with sections 751 
and 777(i) of the Act and 19 CFR 351.213(d)(4).

    Dated: July 14, 2005.
Susan H. Kuhbach,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. E5-3909 Filed 7-20-05; 8:45 am]
BILLING CODE 3510-DS-S