[Federal Register Volume 71, Number 20 (Tuesday, January 31, 2006)]
[Notices]
[Pages 5051-5052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-1208]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-863]


Honey from the People's Republic of China: Initiation of New 
Shipper Antidumping Duty Reviews

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

EFFECTIVE DATE: January 31, 2006.
SUMMARY: In December 2005, the Department of Commerce (the Department) 
received four requests to conduct new shipper reviews of the 
antidumping duty order on honey from the People's Republic of China 
(PRC). We have determined that these requests meet the statutory and 
regulatory requirements for the initiation of new shipper reviews.

FOR FURTHER INFORMATION CONTACT: Catherine Bertrand or Kristina 
Boughton, AD/CVD Operations, Office 9, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14\th\ 
Street and Constitution Avenue, NW, Washington, DC 20230; telephone: 
(202) 482-3207 or (202) 482-8173, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department received timely requests from Mongolia Altin Bee-
Keeping Co., Ltd. (Altin), Dongtai Peak Honey Industry Co. Ltd. (Peak 
Honey), Qinhuangdao Municipal Dafeng Industrial Co., Ltd. (QMD), and 
Tianjin Eulia Honey Co., Ltd. (Eulia) in accordance with 19 CFR 
351.214(c), for new shipper reviews of the antidumping duty order on 
honey from the PRC, which has a December annual anniversary month, and 
a June semi-annual anniversary month. Altin, Peak Honey, QMD, and Eulia 
identified themselves as producers and exporters of honey. As required 
by 19 CFR 351.214(b)(2)(i), and (iii)(A), Altin, Peak Honey, QMD, and 
Eulia certified that they did not export honey to the United States 
during the period of investigation (POI), and that they have never been 
affiliated with any exporter or producer which exported honey to the 
United States during the POI. Furthermore, the four companies have also 
certified that their export activities are not controlled by the 
central government of the PRC, satisfying the requirements of 19 CFR 
351.214(b)(2)(iii)(B). Pursuant to the Department's regulations at 19 
CFR 351.214(b)(2)(iv), Altin, Peak Honey, QMD, and Eulia submitted 
documentation establishing the date on which the subject merchandise 
was first entered for consumption in the United States, the volume of 
that first shipment and any subsequent shipments, and the date of the 
first sale to an unaffiliated customer in the United States.
    The Department conducted Customs database queries to confirm that 
the shipments made by Altin, Peak Honey, QMD, and Eulia had officially 
entered the United States via assignment of an entry date in the 
Customs database by U.S. Customs and Border Protection (CBP). We note 
that although Eulia submitted documentation regarding the volume of its 
shipment, the date of its first sale to an unaffiliated customer in the 
United States, and the date the merchandise was first entered for 
consumption in the United States, our Customs query shows that Eulia's 
shipment entered the United States shortly after the anniversary month.
    Under 19 CFR 351.214(f)(2)(ii), when the sale of the subject 
merchandise occurs within the period of review (POR), but the entry 
occurs after the normal POR, the POR may be extended unless it would be 
likely to prevent the completion of the review within the time limits 
set by the Department's regulations. The preamble to the Department's 
regulations states that both the entry and the sale should occur during 
the POR, and that under ``appropriate'' circumstances the Department 
has the flexibility to extend the POR. Antidumping Duties; 
Countervailing Duties; Final Rule, 62 FR 27296, 27319-27320 (May 19, 
1997). In this instance, Eulia's shipment entered in the month 
following the end of the POR. The Department does not find that this 
delay prevents the completion of the review within the time limits set 
by the Department's regulations.

Initiation of Review

    In accordance with section 751(a)(2)(B) of the Tariff Act of 1930 
(the Act), as amended, and 19 CFR 351.214(d)(1), and based on 
information on the record, we are initiating new shipper reviews for 
Altin, Peak Honey, QMD, and Eulia. See ``Memorandum to the File through 
James C. Doyle: New Shipper Review Initiation Checklist,'' dated 
January 24, 2006. We intend to issue the preliminary results of these 
reviews not later than 180 days after the date on which these reviews 
were initiated, and the final results of these reviews within 90 days 
after the date on which the preliminary results were issued. 19 CFR 
351.214(i)(1).
    Pursuant to 19 CFR 351.214(g)(1)(i)(A), the POR for a new shipper 
review, initiated in the month immediately following the anniversary 
month, will be the 12-month period immediately preceding the 
anniversary month. Therefore, the POR for the new shipper reviews of 
Altin, Peak Honey, and QMD is December 1, 2004, through November 30, 
2005. As discussed above, under 19 CFR 351.214(f)(2)(ii), when the sale 
of the subject merchandise occurs within the POR, but the entry occurs 
after the normal POR, the POR may be extended. Therefore, the POR for 
the new shipper review of Eulia is December 1, 2004, through December 
31, 2005.
    It is the Department's usual practice in cases involving non-market 
economies to require that a company seeking to establish eligibility 
for an antidumping duty rate separate from the country-wide rate 
provide evidence of de jure and de facto absence of government control 
over the company's export activities. Final Determination of Sales at 
Less Than Fair Value: Sparklers from the People's Republic of China, 56 
FR 20588 (May 6, 1991, at Comment 1, as amplified by the Final 
Determination of Sales at Less Than Fair Value: Silicon

[[Page 5052]]

Carbide from the People's Republic of China, 59 FR 22585, 22587 (May 2, 
1994).
    Accordingly, we will issue questionnaires to Altin, Peak Honey, 
QMD, and Eulia, including a separate rates section. The review will 
proceed if the responses provide sufficient indication that Altin, Peak 
Honey, QMD, and Eulia are not subject to either de jure or de facto 
government control with respect to their exports of honey. However, if 
any company does not demonstrate its eligibility for a separate rate, 
then that company will be deemed not separate from other companies that 
exported during the POI and the new shipper review will be rescinded 
for that company.
    In accordance with section 751(a)(2)(B)(iii) of the Act and 19 CFR 
351.214(e), we will instruct CBP to allow, at the option of the 
importers, the posting, until the completion of the review, of a single 
entry bond or security in lieu of a cash deposit for certain entries of 
the merchandise exported by Altin, Peak Honey, QMD, and Eulia. 
Specifically, since Altin, Peak Honey, QMD, and Eulia have stated that 
they are both the producers and exporters of the subject merchandise 
for the sales under review, we will instruct CBP to limit the bonding 
option only to entries of merchandise that were both exported and 
produced by Altin, Peak Honey, QMD, and Eulia, respectively.
    Interested parties that need access to proprietary information in 
these new shipper reviews should submit applications for disclosure 
under administrative protective orders in accordance with 19 CFR 
351.305 and 351.306.
    This initiation and notice are in accordance with section 
751(a)(2)(B) of the Act, 19 CFR 351.214(d), and 19 CFR 
351.221(c)(1)(i).

    Dated: January 25, 2006.
Stephen J. Claeys,
Deputy Assistant Secretaryfor Import Administration.
[FR Doc. E6-1208 Filed 1-30-06; 8:45 am]
BILLING CODE 3510-DS-S