[Federal Register Volume 71, Number 192 (Wednesday, October 4, 2006)]
[Notices]
[Pages 58579-58581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-8486]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-570-863


Honey from the People's Republic of China: Rescission and Final 
Results of Antidumping Duty New Shipper Reviews

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On June 7, 2006, the U.S. Department of Commerce (the 
Department) published preliminary results in the new shipper reviews of 
the antidumping order on honey from the People's Republic of China 
(PRC). Honey from the People's Republic of China: Intent to Rescind and 
Preliminary Results of Antidumping Duty New Shipper Reviews, 71 FR 
32923 (June 7, 2006) (NSR7 Preliminary Results). These reviews cover 
two exporters, Shanghai Taiside Trading Co., Ltd. (Taiside) and Wuhan 
Shino-Food Trade Co., Ltd. (Shino-Food). The period of review (POR) is 
December 1, 2004, through May 31, 2005. While we have analyzed the 
record and comments from interested parties, we have made no changes to 
the preliminary results based on these comments. However, we have made 
a slight change to the calculation of Taiside's margin based on the 
discovery of a clerical error. For these final results, therefore, we 
have determined that the new shipper review for Shino-Food should be 
rescinded because the sale made by Shino-Food was not bona fide. We 
have also determined that the sale made by Taiside is bona fide and 
that the sale has been made below normal value.

EFFECTIVE DATE: October 4, 2006.

FOR FURTHER INFORMATION CONTACT: Kristina Boughton or Bobby Wong, 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-
8173 or (202) 482-0409, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 7, 2006, the Department published the preliminary results 
of

[[Page 58580]]

these reviews. NSR7 Preliminary Results. Since the NSR7 Preliminary 
Results the following events have occurred:
    On June 22, 2006, we extended the time limit for submitting further 
information to value the factors of production until July 18, 2006. On 
July 12, 2006, we received a surrogate value submission from Taiside 
and Shino-Food. On July 18, 2006, we received a rebuttal surrogate 
value submission from the American Honey Producers Association and the 
Sioux Honey Association (collectively, petitioners).
    We invited parties to comment on the NSR7 Preliminary Results and 
received one case brief each from Shino-Food and Taiside, on August 4, 
2006,\1\ and July 28, 2006, respectively. We received a rebuttal brief 
from petitioners on August 3, 2006. None of the parties requested a 
public hearing. On August 18, 2006, the Department implemented the 
temporary suspension of the new shipper bonding provision in these 
reviews, in accordance with the Pension Protection Act of 2006, Pub. L. 
No. 109-280, Sec.  1632, 120 Stat. 780 (2006), which was signed into 
law on August 17, 2006.\2\ The legislation suspended the ability of a 
U.S. importer to satisfy the antidumping duty deposit requirements by 
posting a bond or other security deposit in lieu of a cash deposit with 
U.S. Customs and Border Protection (CBP) during the period April 1, 
2006, to June 30, 2009.
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    \1\ On July 28, 2006, we received a case brief from Shino-Food, 
which we subsequently rejected as containing new information. On 
August 4, 2006, Shino-Food re-filed its brief, per the Department's 
instructions, without the new information.
    \2\ On August 18, 2006, petitioners filed a letter requesting 
that the Department implement the new bonding provisions and suspend 
the bonding privileges for Taiside and Shino-Food in accordance with 
the Pension Protection Act.
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    On August 28, 2006, the Department extended the deadline for the 
final results to September 27, 2006. Honey from the People's Republic 
of China: Notice of Extension of Time Limit for Final Results of 2004/
2005 New Shipper Review, 71 FR 50885 (August 28, 2006).

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.

Analysis of Comments Received

    All issues raised in the briefs are addressed in the ``Memorandum 
to the Assistant Secretary: Issues and Decision Memorandum for the 
Final Results of the 2004-2005 New Shipper Reviews of Honey from the 
People's Republic of China,'' dated September 27, 2006 (Issues & 
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 Department of 
Commerce building. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly on the Web at http://www.trade.gov/ia/. The paper copy and electronic version of the Issues 
and Decision Memorandum are identical in content.

New Shipper Status

    For these final results, no party contested the bona fides of 
Taiside's sale, therefore we continue to find, as in the NSR7 
Preliminary Results, that Taiside has met the requirements to qualify 
as a new shipper during the POR and that Taiside's sale of honey to the 
United States is an appropriate transaction for a new shipper review. 
Regarding Shino-Food, as further discussed in the Issues & Decision 
Memorandum at Comments 1-1c, we are continuing to find that Shino-
Food's sale in question was not a bona fide sale and that Shino-Food 
did not meet the requirements to qualify for a new shipper review 
during the POR. See NSR7 Preliminary Results and ``Rescission of New 
Shipper Review,'' below.

Rescission of New Shipper Review

    As discussed in the Issues & Decision Memorandum at Comments 1-1c, 
because the Department found Shino-Food's single POR sale to be non-
bona fide, it is not subject to review. Therefore, the Department is 
rescinding this review because Shino-Food had no reviewable sales 
during the POR. See Tianjin Tiancheng Pharmaceutical Co., Ltd. v. 
United States, 366 F. Supp. 2d 1246, 1249 (CIT 2005) 
(``{P{time} ursuant to the rulings of the Court, Commerce may exclude 
sales from the export price calculation where it finds that they are 
not bona fide'').

Changes since the NSR7 Preliminary Results

    We have not made any changes to the margin-specific calculations 
for Taiside based on comments received from interested parties. 
However, for these final results, instead of rounding Taiside's gross 
unit price to two digits after the decimal point, as we did in the 
preliminary results, we used a more exact gross unit price from 
Taiside's reported Section C database, which included four digits after 
the decimal point. This affected the margin calculation for Taiside. 
For a discussion of this change, please see ``Memorandum to the File: 
Seventh Antidumping Duty New Shipper Review of the Antidumping Duty 
Order on Honey from the People's Republic of China for Shanghai Taiside 
Trading Co., Ltd. (Taiside),'' dated September 27, 2006 (Taiside 
Analysis Memo).

Final Results of Review

    We determine that the following antidumping duty margin exists:

------------------------------------------------------------------------
                                                                Margin
                          Exporter                             (percent)
------------------------------------------------------------------------
Shanghai Taiside Trading Co., Ltd...........................  39.63[perc
                                                                     nt]
------------------------------------------------------------------------

    For details on the calculation of the antidumping duty weighted-
average margin for Taiside, see Taiside Analysis Memo. A public version 
of this memorandum is on file in the CRU.

Assessment Rates

    Pursuant to 19 CFR 351.212(b), the Department will determine, and 
CBP shall assess, antidumping duties on all appropriate entries. The 
Department will issue appropriate assessment instructions directly to 
CBP within 15 days of publication of these final results of review. For 
assessment purposes, where possible, we calculated importer-specific 
assessment rates for honey from the PRC on a per-unit basis. 
Specifically, we divided the total dumping margins (calculated as the 
difference between normal value and export price or constructed export 
price) for each importer by the total quantity of subject merchandise 
sold to that importer during the POR to calculate a per-unit assessment 
amount. We will direct CBP to levy importer-specific assessment rates 
based on the resulting per-unit (i.e., per-kilogram) rates by the

[[Page 58581]]

weight in kilograms of each entry of the subject merchandise during the 
POR.

Cash Deposits

    The following cash-deposit requirement will be effective upon 
publication of these final results for shipments of the subject 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after the publication date of the final results, as provided by section 
751(a)(2)(C) of the Tariff Act of 1930, as amended (the Act). For 
subject merchandise produced and exported by Taiside, we will establish 
a per-kilogram cash deposit rate that is equivalent to the company-
specific cash deposit established in this review. With respect to these 
reviews, the Department will also notify CBP that a cash deposit of 
212.39 percent ad valorem should be collected for any entries produced/
exported by Shino-Food. These deposit requirements shall remain in 
effect until publication of the final results of the next 
administrative review.

Notification to Interested Parties

    This notice also serves as the 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 in the subsequent 
assessment of double antidumping duties.
    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return/destruction or conversion to judicial protective 
order of proprietary information disclosed under APO in accordance with 
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO.
    These new shipper reviews and this notice are published in 
accordance with sections 751(a)(2)(B) and 777(i)(1) of the Act.

    Dated: September 27, 2006.
James C. Leonard, III
Acting Assistant Secretary for Import Administration.

Appendix I

List of Issues

Company-Specific Issues

Wuhan Shino-Food-Related Issues
Comment 1: Rescission of Shino-Food
Comment 1a: Price & Quantity
Comment 1b: Payment of Freight and Antidumping Duty Expenses
Comment 1c: Other Indicia of Non-Bona Fides Sale
Shanghai Taiside-Related Issues
Comment 2 Appropriate Surrogate Value for Bottles & Caps
Comment 3 Appropriate Surrogate Value for Honey
[FR Doc. 06-8486 Filed 10-3-06; 8:45 am]
BILLING CODE 3510-DS-S