[Federal Register Volume 82, Number 22 (Friday, February 3, 2017)]
[Notices]
[Pages 9192-9193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02299]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-863]
Honey From the People's Republic of China: Initiation of
Antidumping Duty New Shipper Review; 2015-2016
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Effective February 3, 2017.
SUMMARY: The Department of Commerce (``the Department'') is initiating
a new shipper review (``NSR'') with respect to Jiangsu Runchen
Agricultural/Sideline Foodstuff Co., Ltd. (``Jiangsu Runchen'') in the
context of the antidumping duty order on honey from the People's
Republic of China (``PRC''). The period of review (``POR'') for this
NSR is December 1, 2015, through November 30, 2016.
DATES: Effective February 3, 2017.
FOR FURTHER INFORMATION CONTACT: 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: 202-482-1491.
SUPPLEMENTARY INFORMATION:
Background
The Department published the antidumping duty order on honey from
the PRC in the Federal Register on
[[Page 9193]]
December 10, 2001.\1\ On December 23, 2016, the Department received a
NSR request from Jiangsu Runchen.\2\ Jiangsu Runchen certified that it
is the exporter and producer of the honey upon which the request for a
NSR is based.\3\ Pursuant to section 751(a)(2)(B) of the Act and 19 CFR
351.214(b)(2)(ii), Jiangsu Runchen certified that it did not export
honey for sale to the United States during the period of investigation
(``POI'').\4\ Moreover, pursuant to section 751(a)(2)(B)(i)(II) of the
Act and 19 CFR 351.214(b)(2)(iii)(A), Jiangsu Runchen certified that,
since the initiation of the investigation, it has never been affiliated
with any PRC exporter or producer who exported subject merchandise to
the United States during the POI, including those respondents not
individually examined during the investigation.\5\ Further, as required
by 19 CFR 351.214(b)(2)(iii)(B), it certified that its export
activities were not controlled by the central government of the PRC.\6\
Jiangsu Runchen also certified it had no shipments of subject
merchandise subsequent to the POR.\7\
---------------------------------------------------------------------------
\1\ 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'').
\2\ See Letter to the Secretary from Jiangsu Runchen, ``Honey
from the People's Republic of China Request for New Shipper
Review,'' dated December 23, 2015 (``NSR Request'').
\3\ Id. at 2 and Attachment 1.
\4\ Id. at Attachment 1.
\5\ Id.
\6\ Id.
\7\ Id.
---------------------------------------------------------------------------
In addition to the certifications described above, pursuant to 19
CFR 351.214(b)(2)(iv), Jiangsu Runchen submitted documentation
establishing the following: (1) The date on which it first shipped
subject merchandise for export to the United States; (2) the volume of
its first shipment and subsequent shipments; and (3) the date of its
first sale to an unaffiliated customer in the United States.\8\
---------------------------------------------------------------------------
\8\ Id. at Attachment 2.
---------------------------------------------------------------------------
The Department queried the database of U.S. Customs and Border
Protection (``CBP'') in an attempt to confirm that the shipment
reported by Jiangsu Runchen had entered the United States for
consumption and that liquidation had been properly suspended for
antidumping duties. The information which the Department examined was
consistent with that provided by Jiangsu Runchen in its request.\9\
---------------------------------------------------------------------------
\9\ See Memorandum to the File from Carrie Bethea, International
Trade Compliance Analyst, Office V, ``U.S. Customs and Border
Protection Query Results for Jiangsu Runchen,'' dated concurrently
with this notice.
---------------------------------------------------------------------------
Period of Review
Pursuant to 19 CFR 351.214(c), an exporter or producer may request
a NSR within one year of the date on which its subject merchandise was
first entered. Moreover, 19 CFR 351.214(d)(1) states that if the
request for the review is made during the six-month period ending with
the end of the anniversary month, the Secretary will initiate a NSR in
the calendar month immediately following the anniversary month.
Further, 19 CFR 351.214(g)(1)(i)(A) states that if the NSR was
initiated in the month immediately following the anniversary month, the
POR will be the 12-month period immediately preceding the anniversary
month. Jiangsu Runchen made the request for a NSR that included all
documents and information required by the statute and regulations,
within one year of the date on which its honey first entered. Its
request was filed in December, which is the anniversary month of the
Order. Therefore, the POR is December 1, 2015, through November 30,
2016.
Initiation of New Shipper Review
Pursuant to section 751(a)(2)(B) of the Act, 19 CFR 351.214(b) and
based on the information on the record, the Department finds that
Jiangsu Runchen's request meets the threshold requirements for
initiation of a NSR for shipments of honey from the PRC produced and
exported by Jiangsu Runchen. Accordingly, the Department is initiating
a NSR of Jiangsu Runchen.\10\ Absent a determination that the new
shipper review is extraordinarily complicated, the Department intends
to issue the preliminary results of this NSR within 180 days from the
date of initiation and the final results within 90 days after the date
on which the preliminary results are issued.\11\ If the information
supplied by Jiangsu Runchen is found to be incorrect or insufficient
during the course of this proceeding, the Department may rescind the
review for Jiangsu Runchen or apply facts available pursuant to section
776 of the Act, depending on the facts on the record.
---------------------------------------------------------------------------
\10\ See `Memorandum to the File, from Carrie Bethea,
International Trade Compliance Analyst, ``Honey from the People's
Republic of China: New Shipper Initiation Checklist,'' dated
concurrently with this notice.
\11\ See Section 751(a)(2)(B)(iv) of the Act and 19 CFR
351.214(i).
---------------------------------------------------------------------------
It is the Department's usual practice, in cases involving non-
market economies (``NMEs''), to require that a company seeking to
establish eligibility for an antidumping duty rate separate from the
country-wide rate (i.e., a separate rate) provide evidence of de jure
and de facto absence of government control over the company's export
activities.\12\ Accordingly, the Department will issue questionnaires
to Jiangsu Runchen that will include a section requesting information
concerning its eligibility for a separate rate. The NSR will proceed if
the responses provide sufficient indication that Jiangsu Runchen is not
subject to either de jure or de facto government control with respect
to its exports of honey from the PRC.
---------------------------------------------------------------------------
\12\ See Import Administration Policy Bulletin Number: 05.1.
(http://ia.ita.doc.gov/policy/bull05-1.pdf).
---------------------------------------------------------------------------
On February 24, 2016, the President signed into law the ``Trade
Facilitation and Trade Enforcement Act of 2015,'' Public Law 114-125,
which made several amendments to section 751(a)(2)(B) of the Act. We
will conduct this new shipper review in accordance with section
751(a)(2)(B) of the Act, as amended by the Trade Facilitation and Trade
Enforcement Act of 2015.\13\
---------------------------------------------------------------------------
\13\ The Trade Facilitation and Trade Enforcement Act of 2015
removed from section 751(a)(2)(B) of the Act the provision directing
the Department to instruct Customs and Border Protection to allow an
importer the option of posting a bond or security in lieu of a cash
deposit during the pendency of a new shipper review.
---------------------------------------------------------------------------
Interested parties requiring access to proprietary information in
this NSR should submit applications for disclosure under administrative
protective order, in accordance with 19 CFR 351.305 and 19 CFR 351.306.
This initiation and notice are in accordance with section
751(a)(2)(B) of the Act, 19 CFR 351.214, and 19 CFR 351.221(c)(1)(i).
Dated: January 30, 2017.
Gary Taverman,
Associate Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2017-02299 Filed 2-2-17; 8:45 am]
BILLING CODE 3510-DS-P