[Federal Register Volume 81, Number 234 (Tuesday, December 6, 2016)]
[Notices]
[Pages 87906-87907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29230]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-863]


Honey From the People's Republic of China: Preliminary Intent To 
Rescind New Shipper Review

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department is conducting a new shipper review (``NSR'') 
covering the period of review (``POR'') of December 1, 2014, through 
November 30, 2015. Because the sales made by Shanghai Sunbeauty Trading 
Co., Ltd. (``Sunbeauty'') are not bona fide, we have preliminarily 
determined to rescind this NSR.

DATES: Effective December 6, 2016.

FOR FURTHER INFORMATION CONTACT: Kabir Archuletta or Carrie Bethea, AD/
CVD Operations, Office V, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-2593 or (202) 
482-1491, respectively.

SUPPLEMENTARY INFORMATION:

Background

    In response to a December 17, 2015 request from Sunbeauty,\1\ on 
February 3, 2016, the Department published the notice of initiation of 
a new shipper review of honey for the period December 1, 2014 to 
November 30, 2015.\2\ On June 14, 2016, the Department extended the 
deadline for issuing the preliminary results by 120 days to November 
30, 2016.\3\
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    \1\ See Request for NSR.
    \2\ See Initiation Notice.
    \3\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
through James C. Doyle, Director, Office V, Antidumping and 
Countervailing Duty Operations ``Honey from the People's Republic of 
China: Extension of Deadline for Preliminary Results of New Shipper 
Review'' (June 14, 2016).
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    The Department sent the NSR antidumping duty questionnaire to 
Sunbeauty on February 3, 2016,\4\ to which it responded in a timely 
manner.\5\ Between March 2016 and August 2016, the Department issued 
supplemental questionnaires to Sunbeauty, to which it responded in a 
timely manner.\6\ Petitioner submitted comments on Sunbeauty's 
questionnaire response between March and September 2016.\7\ Sunbeauty 
submitted rebuttal comments to Petitioner's comments between March and 
September 2016.\8\
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    \4\ See Letter to Shanghai Sunbeauty Co., Ltd. from Catherine 
Bertrand, Program Manager, Office V, regarding, ``New Shipper 
Questionnaire,'' dated February 3, 2016.
    \5\ See Letter to the Secretary from Shanghai Sunbeauty Trading 
Co., Ltd., regarding, ``Honey from the People's Republic of China: 
Shanghai Sunbeauty Section A Response,'' dated March 2, 2016; Letter 
to the Secretary from Shanghai Sunbeauty Trading Co., Ltd., 
regarding, ``Honey from the People's Republic of China: Response to 
Importer-Specific Questions,'' dated March 2, 2016.
    \6\ See, e.g., Letter to Shanghai Sunbeauty Co., Ltd., 
regarding, ``Antidumping Duty New Shipper Review of Honey from the 
People's Republic of China--Supplemental Section AC Questionnaire,'' 
dated July 7, 2016.
    \7\ Petitioner is the American Honey Producers Association and 
Sioux Honey Association. See, e.g., Letter to the Secretary from 
Petitioners, regarding, ``Honey from the People's Republic of 
China--Petitioners' Submission of New Factual Information to Rebut, 
Clarify, or Correct, Information Contained in Sunbeauty's Importer-
Specific Questionnaire,'' dated August 8, 2016.
    \8\ See, e.g., Letter to the Secretary from Shanghai Sunbeauty 
Trading Co., Ltd., regarding, ``Honey from the People's Republic of 
China: Rebuttal Comments on CBP Entry Documentation,'' dated March 
28, 2016.
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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.

Methodology

    The Department is conducting this review in accordance with section 
751(a)(2)(B) of the Tariff Act of 1930, as amended (``the Act''), and 
19 CFR 351.214. For a full description of the methodology underlying 
our conclusions, see the Preliminary Decision Memorandum.
    The Preliminary Decision Memorandum is a public document and is on 
file electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (``ACCESS''). 
ACCESS is available to registered users at http://access.trade.gov and 
in the Department's Central Records Unit, room B8024 of the main 
Department of Commerce building. In addition, a

[[Page 87907]]

complete version of the Preliminary Decision Memorandum can be accessed 
directly on the Internet at http://enforcement.trade.gov/frn/. The 
signed Preliminary Decision Memorandum and the electronic versions of 
the Preliminary Decision Memorandum are identical in content.

Preliminary Rescission of Sunbeauty New Shipper Review

    For the reasons detailed in the Preliminary Decision Memorandum, 
the Department preliminarily finds that, Sunbeauty's sales under review 
are not bona fide transactions. As such, the Department preliminarily 
finds that we cannot rely on these sales to calculate a dumping margin 
and there are no sales on which we can base this review. Consequently, 
the Department is preliminarily rescinding the new shipper review of 
Sunbeauty.

Disclosure and Public Comment

    The Department will disclose the analysis performed for these 
preliminary results to the parties within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b). 
Interested parties may submit written comments by no later than 30 days 
after the date of publication of these preliminary results of 
review.\9\ Rebuttals, limited to issues raised in the written comments, 
may be filed by no later than five days after the written comments are 
filed.\10\
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    \9\ See 19 CFR 351.309(c).
    \10\ See 19 CFR 351.309(d).
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    Any interested party may request a hearing within 30 days of 
publication of this notice.\11\ Hearing requests should contain the 
following information: (1) The party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of the issues to 
be discussed. Oral presentations will be limited to issues raised in 
the briefs. If a request for a hearing is made, parties will be 
notified of the time and date for the hearing to be held at the U.S. 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230.\12\
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    \11\ See 19 CFR 351.310(c).
    \12\ See 19 CFR 351.310(d).
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    The Department intends to issue the final results of this new 
shipper review, which will include the results of its analysis of 
issues raised in any such comments, within 90 days of publication of 
these preliminary results, pursuant to section 751(a)(2)(B)(iv) of the 
Act.

Assessment Rates

    Upon completion of the final results, pursuant to 19 CFR 
351.212(b), the Department will determine, and the U.S. Customs and 
Border Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries. If we proceed to a final rescission of the new 
shipper review, Sunbeauty's entries will be assessed at the rate 
entered.\13\ If we do not proceed to a final rescission of the new 
shipper review, pursuant to 19 CFR 351.212(b)(1), we will calculate 
importer-specific assessment rates. We will instruct CBP to assess 
antidumping duties on all appropriate entries covered by this review if 
any importer-specific assessment rate calculated in the final results 
of this review is above de minimis.\14\
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    \13\ See 19 CFR 351.212(c).
    \14\ See 19 CFR 351.106(c)(2).
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Cash Deposit Requirements

    Effective upon publication of the final rescission or the final 
results of this new shipper review, we will instruct CBP to discontinue 
the option of posting a bond or security in lieu of a cash deposit for 
entries of subject merchandise by Sunbeauty. If the Department proceeds 
to a final rescission of the new shipper review, the cash deposit rate 
will continue to be the PRC-wide rate. If we issue final results of the 
new shipper review for Sunbeauty, we will instruct CBP to collect cash 
deposits, effective upon the publication of the final results, at the 
rates established therein.

Notification to Importers

    This notice also serves as a preliminary 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 Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties,
    The Department is issuing and publishing these results in 
accordance with sections 751(a)(2)(B) and 777(i)(l) of the Act, and 19 
CFR 351.214 and 19 CFR 351.221(b)(4).

    Dated: November 29, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-29230 Filed 12-5-16; 8:45 a.m.]
 BILLING CODE 3510-DS-P