[Federal Register Volume 85, Number 144 (Monday, July 27, 2020)]
[Notices]
[Pages 45187-45188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16192]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-863]
Honey From the People's Republic of China: Final Results and
Rescission of Antidumping Duty Administrative Review; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that Jiangsu
Runchen Agricultural/Sideline Foodstuff Co., Ltd. (Runchen) did not
make a bona fide sale during the period of review (POR) of December 1,
2017 through November 30, 2018. Therefore, we are rescinding this
administrative review.
DATES: Applicable July 27, 2020.
FOR FURTHER INFORMATION CONTACT: Jasun Moy, 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) 482-8194.
Background
On December 4, 2019, Commerce published the Preliminary Results and
invited interested parties to comment.\1\ On January 3, 2020, we
received a case brief from Runchen.\2\ On January 15, 2020, we received
a rebuttal brief from the American Honey Producers Association and
Sioux Honey Association (collectively, the petitioner).\3\
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\1\ See Honey from the People's Republic of China: Preliminary
Results and Preliminary Intent to Rescind of Antidumping Duty
Administrative Review; 2017-2018, 84 FR 66374 (December 4, 2019)
(Preliminary Results).
\2\ See Runchen's Letter, ``Honey from the PRC--Administrative
Case Brief of Jiangsu Runchen Agricultural/Sideline Foodstuff Co.,
Ltd.,'' dated January 3, 2020. On January 9, 2020, Runchen timely
refiled its case brief to remove new factual information. See
Runchen's Letter, ``Honey from the PRC--Administrative Case Brief of
Jiangsu Runchen Agricultural/Sideline Foodstuff Co., Ltd.,'' dated
January 9, 2020; see also Memorandum, ``Administrative Review of the
Antidumping Duty Order on Honey from the People's Republic of China:
Rejection of Case Brief,'' dated January 8, 2020.
\3\ See Petitioner's Letter, ``Honey from China: Petitioners'
Rebuttal Brief,'' dated January 15, 2020.
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Scope of the Order
The merchandise subject to this order is 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. For a full description of the
scope, see the Issues and Decision Memorandum.\4\
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\4\ See Memorandum, ``Issues and Decision Memorandum for the
Antidumping Duty Administrative Review of Honey from the People's
Republic of China; 2017-2018,'' dated concurrently with, and hereby
adopted by, this notice (Issues and Decision Memorandum).
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Analysis of Comments Received
All issues raised in Runchen's case brief are listed in the
appendix to this notice and are addressed in the Issues and Decision
Memorandum. The Issues and Decision Memorandum is a public document and
is made available to the public via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and
Decision Memorandum is available at http://enforcement.trade.gov/frn/.
The signed and electronic versions of the Issues and Decision
Memorandum are identical in content.
Bona Fides Analysis
In the Preliminary Results, we found that Runchen's sale of subject
merchandise to the United States during the POR was not a bona fide
sale. After analyzing interested parties' comments, we continue to find
that Runchen's sale is not a bona fide sale. We reached this conclusion
based on multiple factors, including: (1) The atypical nature of the
price and quantity of the sale; (2) the profit, or lack thereof, made
by Runchen's customer on the resale; and (3) other considerations, such
as the timing of the payment from Runchen's customer, the fact that
Runchen made only a single sale made during the POR, the lack of
experience of the importer in the honey industry, and the lack of
experience of Runchen in exporting honey to the United States. Our
analysis led us to conclude that Runchen's POR sale is unlikely to be
representative of its future sales.
Because we have determined that Runchen had no bona fide sales
during the POR, we are rescinding this administrative review.
Assessment Rates
Because Commerce is rescinding this administrative review, we have
not calculated a company-specific dumping margin for Runchen. Runchen
remains part of the China-wide entity and the entry of its subject
merchandise during the POR will be assessed antidumping duties at the
China-wide entity rate. The China-wide entity rate is $2.63 per
kilogram.\5\
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\5\ See Honey from the People's Republic of China: Final Results
of Antidumping Duty Administrative Review; 2012-2013, 80 FR 27633-34
(May 14, 2015).
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Cash Deposit Requirements
As noted above, Commerce is rescinding this administrative review.
Thus, we have not calculated a company-specific dumping margin for
Runchen. Therefore, entries of Runchen's subject merchandise continue
to be subject to the China-wide entity cash deposit rate of $2.63 per
[[Page 45188]]
kilogram. This cash deposit requirement shall remain in effect until
further notice.
Administrative Protective Order
This notice also serves as a final 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(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return or
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.
Notification to Importers
This notice also serves as a final 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 the POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties has occurred and the subsequent assessment of
double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these final results in accordance
with sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as
amended, and 19 CFR 351.213(h)(1) and 19 CFR 351.221(b)(5).
Dated: July 21, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment 1: Whether a Bona Fides Analysis is Applicable in
Administrative Reviews
Comment 2: Appropriateness of Using U.S. Customs and Border
Protection Data
Comment 3: Whether Sale Price and Quantity Weigh in Favor of
Finding Runchen's Sale Not Bona Fide
Comment 4: Whether the Goods Were Resold at a Profit
Comment 5: Other Relevant Factors
V. Recommendation
[FR Doc. 2020-16192 Filed 7-24-20; 8:45 am]
BILLING CODE 3510-DS-P