[Federal Register Volume 72, Number 132 (Wednesday, July 11, 2007)]
[Notices]
[Pages 37713-37715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-13385]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-863]


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

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On January 3, 2007, the U.S. Department of Commerce (the 
Department) published its preliminary results of the new shipper 
reviews of the antidumping order on honey from the People's Republic of 
China (PRC). See Honey from the People's Republic of China: Intent to 
Rescind and Preliminary Results of Antidumping Duty New Shipper 
Reviews, 72 FR 111 (January 3, 2007) (Preliminary Results). These 
reviews cover three producers/exporters, Inner Mongolia Altin Bee-
Keeping Co., Ltd. (IMA), Qinhuangdao Municipal Dafeng Industrial Co., 
Ltd. (QMD), and Dongtai Peak Honey Industry Co., Ltd. (Dongtai Peak) 
(collectively, respondents). The period of review (POR) is December 1, 
2004, through November 30, 2005. We invited interested parties to 
comment on our Preliminary Results. Based on our analysis of the 
comments received, we have made changes to our calculations. The final 
dumping margins for these reviews are listed in the ``Final Results of 
Review'' section below.

EFFECTIVE DATE: July 11, 2007.

FOR FURTHER INFORMATION CONTACT: Patrick Edwards or Judy Lao, 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-
8029 or (202) 482-7924, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On January 3, 2007, the Department published the preliminary 
results of these reviews in the Federal Register. See Preliminary 
Results. We invited parties to comment on the Preliminary Results. On 
January 9, 2007, in response to a request from respondents, we extended 
the time limit for submitting further information to value the factors 
of production until February 6, 2007, and comments on these submission 
until February 16, 2007. The Department simultaneously extended the 
time limit for parties to submit case and rebuttal briefs to the 
Department's Preliminary Results until February 23, 2007, and March 2, 
2007, respectively. On February 5, 2007, the Department denied an 
additional request by respondents for a further ten-day extension of 
the time limit for submitting information to value the factors of 
production due to time constraints and the Department's statutory 
timing requirements in this case. Also on February 5, 2007, the 
Department notified parties of its adoption of a new 2004 wage rate and 
invited comments on the issue in the context of parties' case briefs. 
On February 6, 2007, we received a surrogate value submission 
commenting on the Department's Preliminary Results from respondents.
    We received case briefs from the American Honey Producers 
Association and the Sioux Honey Association (collectively, petitioners) 
and respondents on February 23, 2007, respectively.\1\ On March 2, 
2007, we received rebuttal briefs from petitioners and respondent 
Dongtai Peak,

[[Page 37714]]

respectively. None of the parties requested a public hearing. On April 
12, 2007, the Department extended the deadline for the final results to 
July 2, 2007. See Honey from the People's Republic of China: Notice of 
Extension of Time Limit for Final Results of Fourth Antidumping Duty 
Administrative Review and the Eighth New Shipper Review, 72 FR 18461 
(April 12, 2007).
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    \1\ On February 22, 2007, we received a courtesy copy case brief 
from respondents which we subsequently rejected as containing new 
information. On February 23, 2007, respondents re-filed their brief, 
per the Department's instructions, without the new information.
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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 Eighth New Shipper Review of Honey from the 
People's Republic of China,'' dated July 2, 2007 (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.

Separate Rates

    IMA and Dongtai Peak have requested separate, company-specific 
antidumping duty rates. In our preliminary results, we found that IMA 
and Dongtai Peak had met the criteria for the application of a separate 
antidumping duty rate. See Preliminary Results, 72 FR at 114. We have 
not received any information since the Preliminary Results which would 
warrant reconsideration of our separate-rates determinations with 
respect to IMA and Dongtai Peak. Therefore, for these final results, we 
will continue to calculate company-specific separate rates for these 
respondents.

Partial Rescission of New Shipper Review

    In our preliminary results, the Department stated its intention to 
rescind the new shipper review for QMD, as the Department found QMD's 
subject new shipper sale to be atypical of its normal business practice 
and, also, that the average-unit value of the company's sales was 
aberrational, i.e., non-bona fide. See Preliminary Results, 72 FR at 
113; see also, ``Memorandum to Richard Weible: Eighth Antidumping New 
Shipper Review of the Antidumping Duty Order on Honey from the People's 
Republic of China: Bona Fide Analysis of Qinhuangdao Municipal Dafeng 
Industrial, Co., Ltd.,'' dated December 21, 2006. Interested parties 
filed comments on the intended rescission of the new shipper review of 
QMD in their case and rebuttal briefs.
    As discussed in the Issues & Decision Memorandum at Comment 4, 
because the Department finds QMD's single POR sale to be non-bona fide, 
QMD does not qualify for new shipper status and its sales are not 
subject to review. Therefore, the Department is rescinding this review 
with regard to QMD, because QMD had no reviewable sales during the POR. 
See 19 CFR 351.213(d)(3); see also, Tianjin Tiancheng Pharmaceutical 
Co., Ltd. v. United States, 366 F. Supp. 2d 1246, 1249 (CIT 2005) (CIT 
affirmed that Commerce may exclude sales from the export price 
calculation where it finds the sales are not bona fide). In the case of 
new shipper reviews, exclusion of the single new shipper sale as being 
non-bona fide must necessarily end the review. Id.

Changes Since the Preliminary Results

    Based on the comments received from the interested parties, we have 
made changes to the margin calculations for IMA and Dongtai Peak. For 
the final results, we have updated the surrogate values for paint, 
cartons, brokerage and handling, and financial ratios. We also used the 
revised NME wage rate, as posted on the Department's website on 
February 2, 2007. For a discussion of these changes, see the Issues and 
Decision Memorandum at Comment 2. For a discussion of the changes to 
the margin calculations for IMA and Dongtai Peak, please see 
``Memorandum to the File: Eighth Antidumping Duty New Shipper Review of 
the Antidumping Duty Order on Honey from the People's Republic of China 
for Inner Mongolia Altin Bee-Keeping Co., Ltd. (IMA),'' dated July 2, 
2007 (IMA Analysis Memo); see also, ``Memorandum to the File: Eighth 
Antidumping Duty New Shipper Review of the Antidumping Duty Order on 
Honey from the People's Republic of China for Dongtai Peak Honey 
Industry Co., Ltd. (Dongtai Peak),'' dated July 2, 2007 (Dongtai Peak 
Analysis Memo). A public version of these memoranda are on file in the 
CRU.

Final Results of Review

    We determine that the following antidumping duty margins exists:

------------------------------------------------------------------------
                                                            Weighted-
                 Manufacturer/Exporter                    Average Margin
                                                            (Percent)
------------------------------------------------------------------------
Inner Mongolia Altin Bee-Keeping Co., Ltd..............         130.11
Dongtai Peak Honey Industry Co., Ltd...................          28.75
------------------------------------------------------------------------

Assessment Rates

    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. 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 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

[[Page 37715]]

exported by IMA and Dongtai Peak, we will establish a per-kilogram cash 
deposit rate that is equivalent to the company-specific cash deposit 
established in this review (noted above). These deposit requirements 
shall remain in effect until further notice.

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: July 2, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.

Appendix

I. General Issues
    Comment 1: Raw Honey Surrogate Value Methodology
II. Company-Specific Issues
    A. Inner Mongolia Altin Bee-Keeping Co., Ltd.
    Comment 2: Rejection of Beekeeping Factors of Production
    B. Qinhuangdao Municipal Dafeng Industrial Co., Ltd.
    Comment 3: Whether the NSR for QMD Should Be Rescinded
    C. Dongtai Peak Honey Industry Co., Ltd.
    Comment 4: Whether the NSR for Dongtai Peak Should Be Rescinded
    Comment 5: Surrogate Value for Cartons
[FR Doc. E7-13385 Filed 7-10-07; 8:45 am]
BILLING CODE 3510-DS-P