[Federal Register Volume 75, Number 87 (Thursday, May 6, 2010)]
[Notices]
[Pages 24880-24883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10685]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-863]


Administrative Review of Honey from the People's Republic of 
China: Final Results of Antidumping Duty Administrative Review and 
Rescission of Review, In Part

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On December 23, 2009, the Department of Commerce 
(``Department'') published in the Federal Register the preliminary 
results of the seventh administrative review, covering the period 
December 1, 2007, through November 30, 2008, of the antidumping duty 
order on honey from the People's Republic of China (``PRC'').\1\ We 
gave interested parties an opportunity to comment on the Preliminary 
Results. After reviewing interested parties' comments, we made no 
changes for the final results of review. The final antidumping duty 
margins for this review are listed in the ``Final Results of Review'' 
section below.
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    \1\ See Seventh Administrative Review of Honey from the People's 
Republic of China: Preliminary Results of Antidumping Duty 
Administrative Review and Intent to Rescind, In Part, 74 FR 68249 
(December 23, 2009) (``Preliminary Results'').

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DATES: Effective Date: May 6, 2010.

FOR FURTHER INFORMATION CONTACT: Katie Marksberry or Josh Startup, 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-
7906 or (202) 482-5260, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On February 2, 2009, the Department initiated this review with 
respect to thirty-eight companies upon which an administrative review 
was requested.\2\

[[Page 24881]]

Subsequently, pursuant to section 351.213(d)(1) of the Department's 
regulations, the Department rescinded the administrative review with 
respect to thirty-three companies, based upon Petitioners'\3\ timely 
withdrawal of review requests.\4\ Thus, five companies remain subject 
to this review.
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    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 74 FR 
5821 (February 2, 2009) (``Initiation Notice'').
    \3\ The petitioners are the members of the American Honey 
Producers Association and the Sioux Honey Association (hereinafter 
referred to as ``Petitioners'').
    \4\ See Honey from the People's Republic of China: Partial 
Rescission of the Seventh Antidumping Administrative Review, 74 FR 
11087 (March 16, 2009).
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    As noted above, on December 23, 2009, the Department published the 
Preliminary Results of this administrative review. In the Preliminary 
Results Federal Register notice, we set the deadline for interested 
parties to submit case briefs and rebuttal briefs to January 22, 2010, 
and January 29, 2010, respectively. On January 26, 2010, we extended 
the deadline for parties to submit rebuttal briefs to February 3, 2010. 
On January 21, 2010, Dongtai Peak Honey Industry Co., Ltd. (``Dongtai 
Peak'') filed a case brief. On February 4, 2010, the Petitioners filed 
a rebuttal brief. On February 17, 2010, the Department sent Dongtai 
Peak a letter requiring it to remove new factual information from its 
brief, pursuant to section 351.301(b)(2) of the Department's 
regulations. Subsequently, Dongtai Peak resubmitted its case brief on 
February 24, 2010. On March 30, 2010, the Department sent Dongtai Peak 
another letter, rejecting Dongtai Peak's resubmitted case brief which 
continued to contain new information. On April 2, 2010, Dongtai Peak 
resubmitted its case brief. The Department did not hold a public 
hearing pursuant to 19 CFR 351.310(d), as there were no hearing 
requests made by interested parties.
    As explained in the memorandum from the Deputy Assistant Secretary 
for Import Administration, the Department has exercised its discretion 
to toll deadlines for the duration of the closure of the Federal 
Government from February 5, through February 12, 2010.\5\ Thus, all 
deadlines in this segment of the proceeding were extended by seven 
days, and the revised deadline for the final results of this review 
became April 29, 2010.
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    \5\ See Memorandum to the Record regarding ``Tolling of 
Administrative Deadlines As a Result of the Government Closure 
During the Recent Snowstorm,'' dated February 12, 2010.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
these reviews are addressed in the ``Administrative Review of Honey 
from the People's Republic of China: Issue and Decision Memorandum for 
the Final Results,'' (``Issues and Decision Memorandum'') which is 
dated concurrently with this notice, and which is hereby adopted by 
this notice. A list of the issues which parties raised and to which we 
respond in the Issues and Decision Memorandum is attached to this 
notice as an Appendix. The Issues and Decision Memorandum is a public 
document and is on file in the Central Records Unit (``CRU''), Main 
Commerce Building, Room 1117, and is accessible on the Department's 
website at http://www.trade.gov/ia. The paper copy and electronic 
version of the memorandum are identical in content.

Scope of the 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.

Final Partial Rescission of Administrative Review

    In the Preliminary Results, the Department preliminarily rescinded 
the administrative review of Dongtai Peak, whose POR sales the 
Department found to be non-bona fide. See Preliminary Result; see also 
Memorandum to James C. Doyle, Director, Office 9; through Catherine 
Bertrand, Program Manager; from Blaine Wiltse, International Trade 
Compliance Analyst; regarding Antidumping Duty Administrative Review of 
Honey from the People's Republic of China: Bona fide Analysis of the 
Sales Under Review for Dongtai Peak Honey Industry Co., Ltd. (dated 
December 16, 2009). The Department received comments with respect to 
our preliminary decision to rescind the review. The Department 
continues to find the sales by Dongtai Peak to be non-bona fide.\6\
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    \6\ See Issues and Decision Memorandum at Comment 1.
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Facts Available

    For the reasons stated below, we are applying adverse facts 
available (``AFA'') to the PRC-wide entity which includes Anhui Native 
Produce Import and Export Corp. (``Anhui Native''). Section 776(a)(2) 
of the Act provides that if an interested party: (A) withholds 
information that has been requested by the Department; (B) fails to 
provide such information in a timely manner or in the form or manner 
requested, subject to subsections 782(c)(1) and (e) of the Act; (C) 
significantly impedes a determination under the antidumping statute; or 
(D) provides such information but the information cannot be verified, 
the Department shall, subject to subsection 782(d) of the Act, use 
facts otherwise available in reaching the applicable determination.
    Furthermore, section 776(b) of the Act provides that, if the 
Department finds that an interested party ``has failed to cooperate by 
not acting to the best of its ability to comply with a request for 
information,'' the Department may use information that is adverse to 
the interests of that party as facts otherwise available. Adverse 
inferences are appropriate ``to ensure that the party does not obtain a 
more favorable result by failing to cooperate than if it had cooperated 
fully.'' See Statement of Administrative Action (``SAA'') accompanying 
the URAA, H.R. Doc. No. 316, 103d Cong., 2d Session at 870 (1994). An 
adverse inference may include reliance on information derived from the 
petition, the final determination in the investigation, any previous 
review, or any other information placed on the record. See section 
776(b) of the Act.
    In the Preliminary Results, the Department determined that in 
accordance with section 776(a)(2)(B) of the Act and 782(c)(1) of the 
Act, the use of facts available is appropriate for the PRC-wide entity, 
which the Department determined includes Anhui Native. As discussed in 
the Preliminary Results, Anhui Native was selected as a mandatory 
respondent in the current review but did not submit a response to the 
antidumping duty questionnaires issued by the Department on March 9, 
2009. On April 15, 2009, Anhui Native submitted a letter informing the 
Department that it would not participate in the current review. As 
Anhui Native was selected as a mandatory respondent but did not submit 
its response to the

[[Page 24882]]

questionnaire, Anhui Native did not demonstrate its eligibility for a 
separate rate and thus was determined to be part of the PRC-wide entity 
for purposes of this review. Because Anhui Native, as part of the PRC-
wide entity, failed to respond to the Department's requests for 
information, the Department finds that the PRC-wide entity did not 
cooperate to the best of its ability, and its non-responsiveness 
necessitates the use of facts available, pursuant to sections 
776(a)(2)(A), (B) and (C) of the Act. Because the PRC-wide entity, now 
including Anhui Native, withheld requested information, failed to 
provide information in a timely manner and in the form requested, and 
significantly impeded this proceeding, we continue to find that the 
PRC-wide entity, failed to cooperate to the best of its ability, and, 
accordingly, find it appropriate to apply to it a margin based on AFA.. 
The Department's determination is in accordance with sections 
776(a)(2)(A), (B), (C) and 776(b) of the Act.\7\ As no interested party 
commented on this determination regarding Anhui Native or the PRC-wide 
entity, we have made no changes from our Preliminary Results with 
respect to this issue.
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    \7\ See e.g., Non-Malleable Cast Iron Pipe Fittings from the 
People's Republic of China: Final Results of Antidumping Duty 
Administrative Review, 71 FR 69546 (December 1, 2006) and 
accompanying Issues and Decision Memorandum at Comment 1. See also 
Certain Frozen Warmwater Shrimp from the Socialist Republic of 
Vietnam: Preliminary Results of the First Administrative Review and 
New Shipper Review, 72 FR 10689, 10692 (March 9, 2007) (decision to 
apply total AFA to the NME-wide entity) unchanged in Certain Frozen 
Warmwater Shrimp From the Socialist Republic of Vietnam: Final 
Results of the First Antidumping Duty Administrative Review and 
First New Shipper Review, 72 FR 52052 (September 12, 2007) 
(``Vietnam Shrimp AR1'').
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Separate Rate Status

    In the Preliminary Results, the Department noted that it was unable 
to deliver the antidumping duty questionnaire to Qinhuangdao Municipal 
Dafeng Industrial Co., Ltd. (``QMD'') after it was selected for 
individual examination in this review. Also, in the Preliminary 
Results, we stated that because QMD did not submit a separate rate 
certification or application, as instructed in the Initiation Notice, 
we found that QMD did not demonstrate its eligibility for a separate 
rate and thus is properly considered part of the PRC-wide entity. 
Consequently, as no interested party commented on this issue, we are 
continuing to find that QMD is not eligible for a separate rate in this 
review and will be considered part of the PRC-Wide entity.
    In the Initiation Notice, we required that all companies listed 
therein wishing to qualify for separate rate status in this 
administrative review to submit, as appropriate, either a separate rate 
application or certification.\8\ As noted above, the Department 
initiated this administrative review with respect to thirty-eight 
companies, and rescinded the review on thirty-three of those thirty-
eight companies. Thus, in addition to Dongtai Peak, Anhui Native, and 
QMD, two companies remain subject to this review. We note that neither 
of the two remaining companies, Inner Mongolia Youth Trade Development 
Co., Ltd. and Wuhu Qinshgi Tangye, demonstrated eligibility for 
separate rate status in this administrative review. In the Preliminary 
Results, the Department determined that those companies which did not 
demonstrate eligibility for a separate rate are properly considered 
part of the PRC-Wide entity.\9\ Since the Preliminary Results, no 
interested parties submitted comments regarding these findings. 
Therefore, we continue to treat these two entities as part of the PRC-
Wide entity.
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    \8\ See Initiation Notice.
    \9\ See Preliminary Results.
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Final Results of Review

    The weighted-average dumping margins for the POR are as follows:

                Honey from the People's Republic of China
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                                                          Margin (per
                Manufacturer/Exporter                      kilogram)
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PRC-Wide Rate\10\...................................               $2.63
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Assessment

    Upon issuance of these final results, the Department will 
determine, and Customs and Border Protection (``CBP'') shall assess, 
antidumping duties on all appropriate entries covered by these reviews. 
The Department intends to issue assessment instructions to CBP 15 days 
after the publication date of the final results of this review.
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    \10\ The PRC-wide entity includes: Anhui Native Produce Import 
and Export Corp., Inner Mongolia Youth Trade Development Co., Ltd., 
Qinhuangdao Municipal Dafeng Industrial Co., Ltd., and Wuhu Qinshgi 
Tangye.
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of these final results of administrative 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 the exporters 
listed above, the cash deposit rate will be established in the final 
results of this review (except, if the rate is zero or de minimis, 
i.e., less than 0.5 percent, no cash deposit will be required for that 
company); (2) for previously investigated or reviewed PRC and non-PRC 
exporters not listed above 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 $2.68 per kilogram; 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 further 
notice.

Reimbursement of Duties

    This notice also serves as a 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 POR. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties has occurred and the subsequent 
assessment of doubled antidumping duties.

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return/destruction of 
APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.
    We are issuing and publishing this administrative review and notice 
in accordance with sections 751(a)(1) and 777(i) of the Act.


[[Page 24883]]


    Dated: April 29, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.

Appendix I - Decision Memorandum

Company Specific Issues

Comment 1: Whether Dongtai Peak' Sales Were Not Bona Fide
    a. Timing of POR Sales
    b. Prices of Sales
    c. Quantity of Sales
    d. Business Practices of U.S. Customers

[FR Doc. 2010-10685 Filed 5-5-10; 8:45 am]
BILLING CODE 3510-DS-S