[Federal Register Volume 77, Number 162 (Tuesday, August 21, 2012)]
[Notices]
[Pages 50464-50465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-20548]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-863]


Honey From the People's Republic of China: Affirmative Final 
Determination of Circumvention of the Antidumping Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of Affirmative Final Determination of Circumvention of 
Antidumping Duty Order.

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SUMMARY: On June 21, 2012, the Department of Commerce (``Department'') 
published in the Federal Register the affirmative Preliminary 
Determination \1\ of this anticircumvention inquiry, and determined 
that blends of honey and rice syrup are subject to the antidumping duty 
Order on honey from the People's Republic of China (``PRC'').\2\ We 
gave interested parties an opportunity to comment on the Preliminary 
Determination. None were submitted. As a result, we are making no 
changes from the Preliminary Determination for this final 
determination.
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    \1\ See Honey from the People's Republic of China: Affirmative 
Preliminary Determination of Circumvention of the Antidumping Duty 
Order, 77 FR 37378 (June 21, 2012) (``Preliminary Determination'').
    \2\ See Notice of Amended Final Determination of Sales at Less 
Than Fair Value and Antidumping Duty Order; Honey From the People's 
Republic of China, 66 FR 63670 (December 10, 2001) (``Order'').

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DATES: Effective Date: August 21, 2012.

FOR FURTHER INFORMATION CONTACT: Catherine Bertrand, telephone: (202) 
482-3207, or Josh Startup, telephone: (202) 482-5260; AD/CVD 
Operations, Office 9, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On June 21, 2012, the Department published the affirmative 
Preliminary Determination of circumvention of the antidumping Order on 
honey from the PRC. The Department did not receive any comments from 
interested parties on this determination.

Changes Since the Preliminary Determination

    We have not made any changes to the Preliminary Determination.

Scope of the Order

    The products covered by the 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 the order is currently classifiable 
under subheadings 0409.00.00, 1702.90.90, 2106.90.99, 0409.00.0010, 
0409.00.0035, 0409.00.0005, 0409.00.0045, 0409.00.0056, and 
0409.00.0065 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.

Merchandise Subject to the Anticircumvention Inquiry

    The merchandise subject to the anticircumvention inquiry are blends 
of honey and rice syrup, regardless of the percentage of honey they 
contain, from the PRC.

International Trade Commission Notification

    In accordance with section 781(d) of the Tariff Act of 1930, as 
amended (``the Act''), we notified the International Trade Commission 
(``ITC'') of the proposed inclusion of blends of honey and rice syrup 
in the antidumping duty order on honey from the PRC.\3\ The ITC 
determined that consultations were not necessary.\4\
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    \3\ See the Department's letter to the ITC dated May 14, 2012, 
Re: Anticircumvention Inquiry of the Antidumping Duty Order on Honey 
from the People's Republic of China.
    \4\ See Memorandum To: The File, From: Josh Startup Trade 
Compliance Analyst, Office 9 Import Administration Re: Letter from 
the International Trade Commission (``ITC'') Regarding the Anti-
circumvention Inquiry, dated July 17, 2012, at Attachment 1.
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Final Affirmative Determination of Circumvention

    As there is no basis for the Department to reconsider its decision, 
we continue to find that blends of honey and rice syrup are later-
developed merchandise. As explained in the Preliminary Determination, 
the evidence on the record demonstrates that blends of honey and rice 
syrup were not commercially available at the time that the 
investigation was initiated and these blends are materially different 
from the merchandise under consideration at the time of the 
investigation and, in particular, different from the honey blends 
specifically excluded under the Order. Additionally, all honey rice 
syrup blends, regardless of the percentage of honey they contain, meet 
the criteria under sections 781(d)(1)(A-E) of the Act. Therefore, the 
Department determines that blends of honey and rice syrup, regardless 
of the percentage of honey they contain, from the PRC are later-
developed merchandise within the meaning of section 781(d) of the Act, 
and are within the scope of the Order.

[[Page 50465]]

Continuation of Suspension of Liquidation

    In accordance with 19 CFR 351.225(l)(2) and (3), we will instruct 
U.S. Customs and Border Protection to continue to suspend liquidation 
of all entries of blends of honey and rice syrup, from the PRC that 
were entered, or withdrawn from warehouse, for consumption on or after 
December 7, 2011, the date of initiation of this anticircumvention 
inquiry.

Administrative Protective Order

    In accordance with 19 CFR 351.305(a)(3), this notice also serves as 
a reminder to parties subject to administrative protective order 
(``APO'') of their responsibility concerning the return or destruction 
of proprietary information disclosed under the APO, 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 subject to sanction.
    This determination is issued and published in accordance with 
section 781(d) of the Act and 19 CFR 351.225(j).

    Dated: August 14, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-20548 Filed 8-20-12; 8:45 am]
BILLING CODE 3510-DS-P