[Federal Register Volume 72, Number 230 (Friday, November 30, 2007)]
[Notices]
[Pages 67702-67703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-23287]



[[Page 67702]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-863]


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

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On July 3, 2007, the Department of Commerce (``the 
Department'') published the preliminary results of its new shipper 
review of the antidumping duty order on honey from the People's 
Republic of China (``PRC'') for the period December 1, 2005, through 
June 30, 2006. See Honey from the People's Republic of China: 
Preliminary Results of Antidumping Duty New Shipper Review, 72 FR 36422 
(July 3, 2007) (``Preliminary Results''). Based on our analysis of the 
record, including information obtained since the preliminary results, 
we continue to apply adverse facts available (``AFA'') with respect to 
Shanghai Bloom International Trading Co., Ltd. (``Shanghai Bloom''), 
which failed to cooperate to the best of its ability, provided 
unverifiable information, and impeded the proceeding. See Adverse Facts 
Available section, below.

EFFECTIVE DATE: November 30, 2007.

FOR FURTHER INFORMATION CONTACT: Erin Begnal or Michael Quigley, 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-
1442 or (202) 482-4047, respectively.

Background

    On July 3, 2007, the Department of Commerce (``Department'') 
published the preliminary results of the new shipper review of the 
antidumping duty order on honey from the People's Republic of China for 
the period December 1, 2005, through June 30, 2006. See Preliminary 
Results. On September 25, 2007, the Department extended the final 
results by thirty days. See Notice of Extension of the Final Results of 
Antidumping Duty New Shipper Review: Honey From the People's Republic 
of China, 72 FR 54436 (September 25, 2007). On October 31, 2007, the 
Department fully extended the final results. See Notice of Extension of 
the Final Results of Antidumping Duty New Shipper Review: Honey from 
the People's Republic of China, 72 FR 61622 (October 31, 2007). On 
August 2, 2007, the Department received a case brief on behalf of 
Shanghai Bloom. On August 8, 2007, the Department received a rebuttal 
brief on behalf of petitioners, the American Honey Producers 
Association and the Sioux Honey Association.

Scope of 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

    In the case and rebuttal briefs received from the parties after the 
Preliminary Results, we received comments on issues related to the 
Department's preliminary application of AFA to Shanghai Bloom including 
the factors of production and completeness. All issues raised in the 
case briefs are addressed in the Issues and 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 on file in the Central Records Unit (``CRU''), 
room B-099 of the Herbert C. Hoover 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

    In our preliminary results, we found that Shanghai Bloom had met 
the criteria for the application of a separate antidumping duty rate. 
See Preliminary Results. We have not received any information since the 
Preliminary Results with respect to Shanghai Bloom which would warrant 
reconsideration of our separate-rates determination with respect to 
this company. Therefore, for these final results, we determine that 
Shanghai Bloom has met the criteria for the application of a separate 
rate.

Changes Since the Preliminary Results

    Based on the comments received from the interested parties, we have 
made no changes to the preliminary results. For the final results, we 
have adopted our positions in the preliminary results. We continue to 
find that the application of total adverse facts available is warranted 
for Shanghai Bloom pursuant to sections 776(a)(2)(A), (C), and (D) and 
776(b) of the Tariff Act of 1930, as amended (``the Act''). For a 
discussion, see the Issues and Decision Memorandum at Comments 1.

Final Results of Review

    We determine that the following margin exists during the period 
December 1, 2005, through June 30, 2006:\1\
---------------------------------------------------------------------------

    \1\ For these final results, the AFA margin we are using is 
221.02, which is the highest rate established in Honey from the 
People's Republic of China: Final Results and Final Rescission, In 
Part, of Antidumping Duty Administrative Review, 72 FR 37715 (July 
11, 2007), published subsequent to the preliminary results of this 
new shipper review.

                           Honey From the PRC
------------------------------------------------------------------------
                                                               Weighted-
                                                                Average
                    Manufacturer/Exporter                       Margin
                                                               (Percent)
------------------------------------------------------------------------
Linxiang Jindeya Beekeeping Co., Ltd./ Shanghai Bloom             221.02
 International Trading Co., Ltd.............................
------------------------------------------------------------------------

Assessment of Antidumping Duties

    The Department will determine, and 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. We will instruct CBP to assess 
antidumping duties on all appropriate entries covered by this review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this new shipper review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) for subject 
merchandise exported by Shanghai Bloom, the cash-deposit rate will be 
equal to 221.02 percent; (2) for previously investigated or reviewed 
PRC and non-PRC exporters not listed above

[[Page 67703]]

that have separate rates, the cash deposit rate will continue to be the 
exporter-specific rate published for the most recent period; (3) for 
all 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 221.02 percent; and (4) for all non-PRC exporters of 
subject merchandise which have not received their own rate, the cash 
deposit rate will be the rate applicable to the PRC exporters that 
supplied that non-PRC exporter. These deposit requirements, when 
imposed, shall remain in effect until publication of the final results 
of the next administrative review.

Notification to Importers

    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 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 the subsequent 
assessment of double antidumping duties.
    These reviews and notice are in accordance with sections 751(a)(1), 
751(a)(2) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).

    Dated: November 23, 2007.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
[FR Doc. E7-23287 Filed 11-29-07; 8:45 am]
BILLING CODE 3510-DS-S