[Federal Register Volume 72, Number 62 (Monday, April 2, 2007)]
[Notices]
[Pages 15655-15657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-6069]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-570-863)


Honey from the People's Republic of China: Expedited Partial 
Final Results of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On January 3, 2007, the Department published the Preliminary 
Results of the fourth administrative review of the antidumping duty 
order on honey from the People's Republic of China (PRC). See Honey 
from the People's Republic of China: Preliminary Results and Partial 
Rescission of Antidumping Duty Administrative Review, 72 FR 102 
(January 3, 2007) (Preliminary Results). This review covers five 
exporters or producer/exporters: (1) Anhui Honghui Foodstuff (Group) 
Co., Ltd. (Anhui Honghui); (2) Chengdu Waiyuan Bee Products Co., Ltd. 
(Chengdu); (3) Jiangsu Kanghong Natural Healthfoods Co., Ltd. 
(Jiangsu); (4) Kunshan Xin'an Trade Co., Ltd. (Kunshan Xin'an); and (5) 
Wuhan Shino-Food Trade Co., Ltd. (Shino-Food). The period of review 
(POR) is December 1, 2004, through November 30, 2005.
    In response to a request from the American Honey Producers 
Association and the Sioux Honey Association (collectively, 
petitioners), the Department is expediting the final results of this 
review for Chengdu, an uncooperative respondent, because of its 
extraordinary surge of exports and the significant difference between 
Chengdu's current cash deposit rate of 22.03 percent and Chengdu's 
preliminary cash deposit rate of 212.39 percent based on total facts 
available with adverse inference.

EFFECTIVE DATE: April 2, 2007.

FOR FURTHER INFORMATION CONTACT: Judy Lao or Angelica Mendoza, AD/CVD 
Operations, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
7924 or (202) 482-3019, respectively.

SUPPLEMENTARY INFORMATION:

Background

    Since the Preliminary Results the following events have occurred. 
On January 12 and 29, 2007, counsel to the petitioners met with 
Department officials to discuss their concerns about

[[Page 15656]]

a surge in entries by Chengdu and resultant injury to the domestic 
honey industry. See Memoranda to the File dated January 18 and 29, 
2007, respectively. Subsequently, the petitioners filed a request that 
the Department expedite the final results of review with respect to 
Chengdu. See Letter from the petitioners to the Secretary, dated 
February 6, 2007. In their request, the petitioners argue that Chengdu 
has ``misused'' the lowest cash deposit rate for any Chinese exporter 
of honey (22.03 percent) to ship huge quantities to the United States, 
causing immense harm to the domestic industry, while refusing to 
participate in administrative reviews.\1\
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    \1\ Chengdu did not request a review for the fifth review period 
of 12/1/2005-11/30/2006.
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    On February 7, 2007, the Department informed counsel to Chengdu of 
the petitioners' submission and our decision to accept the new 
information contained therein. We indicated that any comments on the 
submission were due on February 16, 2007. See Memorandum to the File 
from Patrick Edwards dated February 7, 2007. On February 15, 2007, the 
Department received a letter from Chengdu stating that its U.S. 
customer had informed them of the petitioners' letter dated February 7, 
2007, and requesting an opportunity to comment or provide its own data 
to verify the accuracy of the petitioners' information. On February 16, 
2007, the counsel of record for Chengdu notified the Department that it 
does not represent Chengdu. On the same day, the Department sent a 
letter via facsimile to Chengdu extending the comment period until 
February 23, 2007. On February 23, 2007, the Department received a 
facsimile letter from Chengdu restating some of the same points made in 
its previous letter but providing no new information. The letter was 
not properly filed and the Department gave Chengdu until February 26, 
2007, to file its letter for the record. However, Chengdu did not 
submit its letter until March 5, 2007, and the Department rejected it 
as untimely. See Letter to Chengdu dated March 5, 2007.
    On February 28, 2007, the Department issued a Decision Memorandum 
expediting the final results of review for Chengdu and extending the 
deadline for case briefs for all parties in this review until March 14, 
2007, and for rebuttal briefs until March 21, 2007. See Memorandum to 
David M. Spooner, Assistant Secretary for Import Administration, from 
Stephen J. Claeys, Deputy Assistant Secretary for Import 
Administration, Expedited Final Results of Administrative Review for 
Chengdu Waiyuan Bee Products Co., Ltd. (February 28, 2007) (Decision 
Memo). No comments with respect to the expedited final results for 
Chengdu were filed.
    According to section 751(a)(3) of the Tariff Act of 1930, as 
amended (the Act), the Department ``shall make . . . a final 
determination . . . within 120 days after the date on which the 
preliminary determination is published.'' See also 19 CFR Sec.  
351.213(h)(1). The Department's normal practice is to issue a final 
determination for all companies simultaneously. In this case, however, 
extraordinary circumstances support our issuance of the final results 
of this review with respect solely to Chengdu prior to 120 days after 
publication of the preliminary results. Specifically, the surge in 
Chengdu's shipments, its failure to participate in administrative 
reviews to enable the Department to calculate a dumping margin, and the 
large difference between the current cash deposit rate and the rate 
assigned to Chengdu in the preliminary results of this review 
constitute extraordinary circumstances in support of expediting the 
final results for Chengdu. We believe that under these extraordinary 
circumstances a departure from our normal practice is warranted. For 
further analysis, see the proprietary version of Decision Memo.

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 the order 
is dispositive.

Rate for Chengdu

    The PRC-wide rate applies to all PRC entities with the exception of 
those exporters that have demonstrated their eligibility for a separate 
rate. While Chengdu failed to demonstrate its eligibility for a 
separate rate on the record of this review, and thus is considered to 
be part of the PRC entity, the Department has determined that 
circumstances warrant expedited final results of review solely with 
respect to Chengdu. As a result, for these expedited final results, the 
Department is issuing a rate applicable solely to Chengdu.
    In its preliminary results, the Department assigned a rate to the 
PRC-wide entity (including Chengdu) based on adverse facts available 
(AFA). No party to the proceeding commented on the rate to be assigned 
to Chengdu for purposes of the final results. Based upon our review of 
the record, the Department will continue to assign the rate of 212.39 
percent to Chengdu, which is the rate assigned to the PRC-wide entity 
(including Chengdu) in the preliminary results. The final PRC-wide rate 
will be determined in the final results of review that will cover all 
entities other than Chengdu. These non-expedited final results of 
review are currently due for issuance by May 3, 2007.

Final Results of Review

    We determine that the following antidumping duty margin applies:

------------------------------------------------------------------------
                  Producer/Exporter                    Margin (percent)
------------------------------------------------------------------------
Chengdu Waiyuan Bee Products Co., Ltd...............              212.39
------------------------------------------------------------------------

Assessment of Antidumping Duties

    Pursuant to 19 CFR 351.212(b), the Department will determine, and 
U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries. The Department intends to issue 
assessment instructions to CBP 15 days after the date of publication of 
these final results of review.

Cash Deposits

    The following cash-deposit requirements will be effective upon 
publication of these expedited partial final results for shipments of 
the subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the publication date of these partial final 
results, as provided by section 751(a)(2)(C) of the Act: (1) for 
subject merchandise exported by Chengdu, the cash deposit rate will be 
212.39 percent; (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) 
for all other PRC exporters of subject merchandise which have not been 
found to be entitled to a separate rate, the cash-deposit rate will be 
the PRC-wide rate of 212.39 percent; and (4) for

[[Page 15657]]

all non-PRC exporters of subject merchandise, the cash-deposit rate 
will be the rate applicable to the PRC supplier of that exporter. These 
deposit requirements shall remain in effect until publication of the 
final results of this administrative review for Anhui Honghui, Jiangsu, 
Kunshan Xin'an, Shino-Food and companies subject to the PRC-wide rate 
with the exception of Chengdu. For Chengdu, 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.
    This determination is issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: March 27, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E7-6069 Filed 3-30-07; 8:45 am]
BILLING CODE 3510-DS-S