[Federal Register Volume 77, Number 227 (Monday, November 26, 2012)]
[Notices]
[Pages 70417-70419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-28625]


-----------------------------------------------------------------------

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

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

SUMMARY: On August 6, 2012, the Department of Commerce (``Department'') 
published in the Federal Register the preliminary results of the tenth 
administrative review, covering the period December 1, 2010, through 
November 30, 2011, 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.
---------------------------------------------------------------------------

    \1\ See Honey From the People's Republic of China: Preliminary 
Results of Review, 77 FR 46699 (August 6, 2012) (``Preliminary 
Results'').

---------------------------------------------------------------------------
DATES: Effective Date: November 26, 2012.

FOR FURTHER INFORMATION CONTACT: Bob Palmer or Catherine Bertrand, 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-
9068 or (202) 482-3207, respectively.

SUPPLEMENTARY INFORMATION:

[[Page 70418]]

Background

    On April 16, 2012, Petitioners \2\ withdrew their request for an 
administrative review for all companies under review except Dongtai 
Peak Honey Industry Co., Ltd. (``Peak'').\3\ On May 1, 2012, the 
Department rescinded the review with respect to Anhui Honghui, 
Foodstuff (Group) Co., Ltd., Shanghai Bloom International Trading Co., 
Ltd., Shanghai Taiside Trading Co., Ltd., Tianjin Eulia Honey Co., 
Ltd., and Wuhan Bee Healthy Co., Ltd., because the requests for review 
of these companies were withdrawn and they were not part of the PRC-
wide entity.\4\
---------------------------------------------------------------------------

    \2\ Petitioners are the American Honey Producers Association and 
the Sioux Honey Association.
    \3\ See Letter from Petitioners to the Secretary of Commerce 
``Petitioners' Partial Withdrawal of Request for Tenth 
Administrative Review'' (April 16, 2012).
    \4\ See Honey From the People's Republic of China: Partial 
Rescission of Antidumping Duty Administrative Review, 77 FR 25682 
(May 1, 2012).
---------------------------------------------------------------------------

    As noted above, on August 6, 2012, the Department published the 
Preliminary Results of this administrative review. In the Preliminary 
Results, we set the deadline for interested parties to submit case 
briefs and rebuttal briefs to September 5, 2012, and September 10, 
2012, respectively. On September 5, 2012, Peak filed a case brief. On 
September 10, 2012, the Petitioners filed a rebuttal brief. The 
Department did not hold a public hearing pursuant to 19 CFR 351.310(d), 
as no interested parties requested one.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs submitted by 
parties to this review are addressed in the ``Administrative Review of 
Honey from the People's Republic of China: Issue and Decision 
Memorandum for the Final Results'' (``I&D Memo''), 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 to in the I&D Memo is attached to this notice as an Appendix. 
The I&D Memo is a public document and is on file electronically via 
Import Administration's Antidumping and Countervailing Duty Centralized 
Electronic Service System (``IA ACCESS''). IA ACCESS is available to 
registered users at http://iaaccess.trade.gov and in the Central 
Records Unit (``CRU''), room 7046 of the main Department of Commerce 
building. In addition, a complete version of the I&D Memo can be 
accessed directly on the Internet at http://www.trade.gov/ia. The 
signed I&D Memo and the electronic versions of the I&D Memo are 
identical in content.

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.\5\ The merchandise subject to the 
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.\6\
---------------------------------------------------------------------------

    \5\ See I&D Memo issued concurrently with this notice for a 
complete description of the Scope of the Order.
    \6\ See Notice of Antidumping Duty Order And Amendment To Final 
Determination: Honey from the People's Republic of China, 66 FR 
59026 (December 10, 2001).
---------------------------------------------------------------------------

PRC-Wide Entity

    In the Preliminary Results, the Department determined that those 
companies remaining under review as of April 1, 2012, which did not 
demonstrate eligibility for a separate rate effectively became part of 
the PRC-wide entity.\7\ Since the Preliminary Results, no interested 
parties have submitted comments regarding these findings. Therefore, we 
will continue to treat these companies as part of the PRC-wide entity.
---------------------------------------------------------------------------

    \7\ See Preliminary Results, 77 FR at 46700.
---------------------------------------------------------------------------

Facts Available

    As noted in the Preliminary Results, the Department issued the non-
market economy (``NME'') antidumping duty questionnaire to Peak for 
individual examination in this review.\8\ However, because the record 
lacks a complete questionnaire response from Peak, the Department found 
that the information necessary to calculate an accurate margin is not 
available on the record of this review.\9\ Further, we found that 
because we issued questions regarding Peak's separate rate status to 
which Peak did not timely respond, Peak did not establish its 
eligibility for a separate rate in this segment of the proceeding, and 
thus is considered part of the PRC-wide entity.\10\
---------------------------------------------------------------------------

    \8\ See Preliminary Results, 77 FR at 46699.
    \9\ See id. at 46702.
    \10\ See id.
---------------------------------------------------------------------------

    Because Peak, as part of the PRC-wide entity, failed to respond in 
a timely manner 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 
Tariff Act of 1930, as amended (``Act''). Because the PRC-wide entity, 
including Peak, 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 
adverse facts available (``AFA''). The Department's determination is in 
accordance with sections 76(a)(2)(A), (B), (C) and 776(b) of the 
Act.\11\ For a further discussion regarding Peak, see I&D Memo.
---------------------------------------------------------------------------

    \11\ 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).
---------------------------------------------------------------------------

Final Results of Review

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

------------------------------------------------------------------------
                                                          Margin (per
                Manufacturer/exporter                      kilogram)
------------------------------------------------------------------------
PRC-Wide entity \12\................................              $2.63
------------------------------------------------------------------------

Assessment

    Consistent with these final results, and pursuant to section 
751(a)(2)(B) of the Act and 19 CFR 351.212(b), the Department will 
direct U.S. Customs and Border Protection (``CBP'') to assess 
antidumping duties on all appropriate entries. Consistent with AR5 
Final Results, we will direct CBP to assess importer-specific 
assessments rates based on the resulting per-unit (i.e., per kilogram) 
amount on each entry of the subject merchandise during the review 
period.\13\ The Department intends to issue assessment instructions to 
CBP 15 days after the publication date of the final results of this 
review.
---------------------------------------------------------------------------

    \12\ The PRC-wide entity includes Dongtai Peak Honey Industry 
Co., Ltd.
    \13\ See Honey from the People's Republic of China: Final 
Results and Rescission, In Part, of Aligned Antidumping Duty 
Administrative Review and New Shipper Review, 73 FR 424321 (July 21, 
2008) (``AR5 Final Results'').
---------------------------------------------------------------------------

    The Department recently announced a refinement to its assessment 
practice in

[[Page 70419]]

NME cases. Pursuant to this refinement in practice, for entries that 
were not reported in the U.S. sales databases submitted by companies 
individually examined during this review, the Department will instruct 
CBP to liquidate such entries at the NME-wide rate. In addition, if the 
Department determines that an exporter under review had no shipments of 
the subject merchandise, any suspended entries that entered under that 
exporter's case number (i.e., at that exporter's rate) will be 
liquidated at the NME-wide rate. For a full discussion of this 
practice, see Non-Market Economy Antidumping Proceedings: Assessment of 
Antidumping Duties, 76 FR 65694 (October 24, 2011).

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 exporter 
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 $2.63 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 Order

    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 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.

    Dated: November 19, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix--I&D Memo

Comment 1: Whether the Department Properly Rejected Peak's Extension 
Request
Comment 2: Whether the Department Properly Rejected Peak's SAQR
Comment 3: Peak's Separate Rate Status
Comment 4: Whether the Adverse Inference is Appropriate
Comment 5: Whether the AFA Rate is Appropriate

[FR Doc. 2012-28625 Filed 11-23-12; 8:45 a.m.]
BILLING CODE 3510-DS-P