81 FR 5710 - Honey From the People's Republic of China: Initiation of Antidumping Duty New Shipper Review; 2014-2015
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 22 (February 3, 2016)
International Trade Administration
Federal Register Volume 81, Issue 22 (February 3, 2016)
| Page Range | 5710-5711 | |
| FR Document | 2016-02004 |
[Federal Register Volume 81, Number 22 (Wednesday, February 3, 2016)] [Notices] [Pages 5710-5711] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-02004] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-863] Honey From the People's Republic of China: Initiation of Antidumping Duty New Shipper Review; 2014-2015 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Department of Commerce (``the Department'') is initiating a new shipper review (``NSR'') of the antidumping duty (``AD'') order on honey from the People's Republic of China (``PRC'') with respect to Shanghai Sunbeauty Trading Co., Ltd. (``Shanghai Sunbeauty''). The period of review (``POR'') for this NSR is December 01, 2014, through November 30, 2015. DATES: Effective Date: February 3, 2016. FOR FURTHER INFORMATION CONTACT: Jessica Weeks, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: 202-482-4877. SUPPLEMENTARY INFORMATION: Background The AD order on honey was published in the Federal Register on December 10, 2001.\1\ On December 17, 2015, pursuant to section 751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (``the Act''), and 19 CFR 351.214(b), the Department received a NSR request from Shanghai Sunbeauty.\2\ Shanghai Sunbeauty certified that it is the exporter of the subject merchandise upon which the request is based and that its affiliate, Xiping Haina Trade Co., Ltd., is the producer of the subject merchandise.\3\ --------------------------------------------------------------------------- \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 from Shanghai Sunbeauty, ``Honey from the People's Republic of China: Request for New Shipper Review,'' dated December 17, 2015 (``NSR Request''). \3\ Id., at 1-2 and Exhibit 1. --------------------------------------------------------------------------- Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(b)(2)(ii), Shanghai Sunbeauty certified that it did not export subject merchandise to the United States during the period of investigation (``POI'').\4\ Further, Xiping Haina Trade Co., Ltd. certified that it is the producer of the subject merchandise upon which the request is based. In [[Page 5711]] addition, pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), Shanghai Sunbeauty 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\ As required by 19 CFR 351.214(b)(2)(iii)(B), Shanghai Sunbeauty also certified that its export activities were not controlled by the government of the PRC.\6\ --------------------------------------------------------------------------- \4\ Id. \5\ Id. \6\ Id. --------------------------------------------------------------------------- In addition to the certifications described above, pursuant to 19 CFR 351.214(b)(2)(iv), Shanghai Sunbeauty 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.\7\ --------------------------------------------------------------------------- \7\ Id., at 4 and Exhibit 2. --------------------------------------------------------------------------- Finally, the Department conducted a U.S. Customs and Border Protection (``CBP'') database query and confirmed the price and quantity reported by Shanghai Sunbeauty.\8\ --------------------------------------------------------------------------- \8\ See Memorandum to the File from Catherine Bertrand, Program Manager, AD/CVD Operations, Office V regarding ``U.S. Customs and Border Protection Query Results for Shanghai Sunbeauty Co., Ltd.'' dated concurrently with this notice. --------------------------------------------------------------------------- Initiation of New Shipper Review Pursuant to section 751(a)(2)(B) of the Act, 19 CFR 351.214(b), and 19 CFR 351.214(d)(1), and based on the evidence provided by Shanghai Sunbeauty, we find that its request meets the threshold requirements for initiation of the NSR for shipments of honey from the PRC produced by Xiping Haina Trade Co., Ltd. and exported by Shanghai Sunbeauty.\9\ The POR is December 01, 2014, through November 30, 2015.\10\ If the information supplied by Shanghai Sunbeauty is found to be incorrect or insufficient during the course of this proceeding, the Department may rescind the review for Shanghai Sunbeauty or apply facts available pursuant to section 776 of the Act, depending on the facts on the record. --------------------------------------------------------------------------- \9\ See Memorandum to the File, from Jessica Weeks, International Trade Compliance Analyst, ``Honey from the People's Republic of China: New Shipper Initiation Checklist,'' dated concurrently with this notice. \10\ See 19 CFR 351.214(g)(1)(ii)(B). --------------------------------------------------------------------------- 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\ --------------------------------------------------------------------------- \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 NME entity-wide rate provide evidence of de jure and de facto absence of government control over the company's export activities. Accordingly, we will issue questionnaires to Shanghai Sunbeauty 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 Shanghai Sunbeauty is not subject to either de jure or de facto government control with respect to its exports of subject merchandise. We will instruct CBP to allow, at the option of the importer, the posting, until the completion of this review, of a bond or security in lieu of a cash deposit for each entry of the subject merchandise from the requesting companies in accordance with section 751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because Shanghai Sunbeauty certified that its affiliate Xiping Haina Trade Co., Ltd. produced the subject merchandise which Shanghai Sunbeauty exported, the sales of which are the basis for the NSR request, we will instruct CBP to permit the use of a bond only for subject merchandise which Xiping Haina Trade Co., Ltd produced and Shanghai Sunbeauty exported. 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 27, 2016. Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2016-02004 Filed 2-2-16; 8:45 am] BILLING CODE 3510-DS-P
![5710 Federal Register / Vol. 81, No. 22 / Wednesday, February 3, 2016 / Notices
results of review.7 Rebuttal briefs and for consumption on or after the DEPARTMENT OF COMMERCE
rebuttals to written comments, limited publication date, as provided for by
to issues raised in such briefs or section 751(a)(2)(C) of the Act: (1) For International Trade Administration
comments, may be filed no later than subject merchandise produced and [A–570–863]
five days after the time limit for filing exported by HHFISH, the cash deposit
the case briefs.8 rate will be the rate established in the Honey From the People’s Republic of
Any interested party may request a final results of this review (except, if a China: Initiation of Antidumping Duty
hearing within 30 days of publication of rate is zero or de minimis, no cash New Shipper Review; 2014–2015
these preliminary results.9 Hearing deposit will be required); (2) for subject
requests should contain the following merchandise exported by HHFISH but AGENCY: Enforcement and Compliance,
information: (1) The party’s name, not manufactured by HHFISH, the cash International Trade Administration,
address, and telephone number; (2) the deposit rate will continue to be the Department of Commerce.
number of participants; and (3) a list of Vietnam-wide rate (i.e., $2.39 per ACTION: Notice.
the issues to be discussed. Oral kilogram); and (3) for subject
presentations will be limited to issues SUMMARY: The Department of Commerce
merchandise manufactured by the
raised in the briefs. If a request for a (‘‘the Department’’) is initiating a new
HHFISH, but exported by any other
hearing is made, parties will be notified shipper review (‘‘NSR’’) of the
party, the cash deposit rate will be the
of the time and date for the hearing to antidumping duty (‘‘AD’’) order on
rate applicable to the exporter. These
be held at the U.S. Department of honey from the People’s Republic of
cash deposit requirements, when
Commerce, 1401 Constitution Avenue China (‘‘PRC’’) with respect to Shanghai
imposed, shall remain in effect until
NW., Washington, DC 20230.10 Sunbeauty Trading Co., Ltd. (‘‘Shanghai
further notice.
The Department intends to issue the Sunbeauty’’). The period of review
final results of these new shipper Notification to Interested Parties (‘‘POR’’) for this NSR is December 01,
reviews, which will include the results 2014, through November 30, 2015.
This notice serves as a preliminary DATES: Effective Date: February 3, 2016.
of its analysis of issues raised in all reminder to importers of their
comments and at any hearing, within 90 FOR FURTHER INFORMATION CONTACT:
responsibility under 19 CFR
days of publication of these preliminary Jessica Weeks, AD/CVD Operations,
351.402(f)(2) to file a certificate
results, pursuant to section Office V, Enforcement and Compliance,
regarding the reimbursement of
751(a)(2)(B)(iv) of the Act. International Trade Administration,
antidumping duties prior to liquidation
U.S. Department of Commerce, 14th
Assessment Rates of the relevant entries during this POR.
Street and Constitution Avenue NW.,
Upon completion of the final results, Failure to comply with this requirement
Washington, DC 20230; telephone: 202–
pursuant to 19 CFR 351.212(b), the could result in the Secretary’s
482–4877.
Department will determine, and U.S. presumption that reimbursement of
antidumping duties occurred and the SUPPLEMENTARY INFORMATION:
Customs Border and Protection (‘‘CBP’’)
shall assess, antidumping duties on all subsequent assessment of double Background
appropriate entries on a per-unit basis antidumping duties.
The AD order on honey was
for HHFISH. The Department intends to We are issuing and publishing these published in the Federal Register on
issue assessment instructions to CBP 15 results in accordance with sections December 10, 2001.1 On December 17,
days after the date of publication of the 751(a)(2)(B) and 777(i)(1) of the Act. 2015, pursuant to section 751(a)(2)(B)(i)
final results of review. Pursuant to 19 Dated: January 21, 2016. of the Tariff Act of 1930, as amended
CFR 351.212(b)(1), we will calculate (‘‘the Act’’), and 19 CFR 351.214(b), the
Paul Piquado,
importer-specific (or customer) per-unit Department received a NSR request
duty assessment rates. We will instruct Assistant Secretary for Enforcement and
from Shanghai Sunbeauty.2 Shanghai
Compliance.
CBP to assess antidumping duties on all Sunbeauty certified that it is the
appropriate entries covered by this List of Topics Discussed in the exporter of the subject merchandise
review if any importer-specific Preliminary Decision Memorandum upon which the request is based and
assessment rate calculated in the final that its affiliate, Xiping Haina Trade Co.,
results of this review is above de 1. Summary
Ltd., is the producer of the subject
2. Background
minimis. The final results of these merchandise.3
3. Scope of the Order
reviews shall be the basis for the Pursuant to section 751(a)(2)(B) of the
4. Discussion of the Methodology
assessment of antidumping duties on Act and 19 CFR 351.214(b)(2)(ii),
5. Bona Fides Analysis
entries of merchandise covered by the Shanghai Sunbeauty certified that it did
6. Non-Market Economy Country
final results of these reviews and for not export subject merchandise to the
7. Separate Rates
future deposits of estimated duties, United States during the period of
8. Surrogate Country
where applicable. 9. Economic Comparability investigation (‘‘POI’’).4 Further, Xiping
10. Significant Producers of Identical or Haina Trade Co., Ltd. certified that it is
Cash Deposit Requirements
Comparable Merchandise the producer of the subject merchandise
The following cash deposit upon which the request is based. In
11. Data Availability
requirements will be effective upon
12. Determination of a Comparison Method
publication of the final results of this 13. Fair Value Comparisons
1 See Notice of Amended Final Determination of
mstockstill on DSK4VPTVN1PROD with NOTICES
new shipper review for all shipments of 14. U.S. Price
Sales at Less Than Fair Value and Antidumping
subject merchandise from HHFISH Duty Order; Honey from the People’s Republic of
15. Normal Value China, 66 FR 63670 (December 10, 2001) (‘‘Order’’).
entered, or withdrawn from warehouse, 16. Factor Valuations 2 See Letter from Shanghai Sunbeauty, ‘‘Honey
17. Currency Conversion from the People’s Republic of China: Request for
7 See 19 CFR 351.309(c)(1)(ii). 18. Conclusion and Recommendation New Shipper Review,’’ dated December 17, 2015
8 See 19 CFR 351.309(d)(1)–(2). (‘‘NSR Request’’).
9 See 19 CFR 351.310(c). [FR Doc. 2016–02005 Filed 2–2–16; 8:45 am] 3 Id., at 1–2 and Exhibit 1.
10 See 19 CFR 351.310(d). BILLING CODE 3510–DS–P 4 Id.
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![Federal Register / Vol. 81, No. 22 / Wednesday, February 3, 2016 / Notices 5711
addition, pursuant to section issue the preliminary results of this NSR DEPARTMENT OF COMMERCE
751(a)(2)(B)(i)(II) of the Act and 19 CFR within 180 days from the date of
351.214(b)(2)(iii)(A), Shanghai initiation and the final results within 90 International Trade Administration
Sunbeauty certified that, since the days after the date on which the [A–570–979]
initiation of the investigation, it has preliminary results are issued.11
never been affiliated with any PRC Crystalline Silicon Photovoltaic Cells,
It is the Department’s usual practice,
exporter or producer who exported Whether or Not Assembled Into
subject merchandise to the United in cases involving non-market
economies (‘‘NMEs’’), to require that a Modules, From the People’s Republic
States during the POI, including those of China: Initiation of Antidumping
respondents not individually examined company seeking to establish eligibility
for an antidumping duty rate separate Duty New Shipper Review
during the investigation.5 As required
by 19 CFR 351.214(b)(2)(iii)(B), from the NME entity-wide rate provide AGENCY: Enforcement and Compliance,
Shanghai Sunbeauty also certified that evidence of de jure and de facto absence International Trade Administration,
its export activities were not controlled of government control over the Department of Commerce.
by the government of the PRC.6 company’s export activities. ACTION: Notice.
In addition to the certifications Accordingly, we will issue
described above, pursuant to 19 CFR questionnaires to Shanghai Sunbeauty SUMMARY: The request described below
351.214(b)(2)(iv), Shanghai Sunbeauty that will include a section requesting for a new shipper review of the
submitted documentation establishing information concerning its eligibility for antidumping duty (AD) order on
the following: (1) The date on which it a separate rate. The NSR will proceed if crystalline silicon photovoltaic cells,
first shipped subject merchandise for the responses provide sufficient whether or not assembled into modules,
export to the United States; (2) the indication that Shanghai Sunbeauty is (‘‘solar cells’’) from the People’s
volume of its first shipment and not subject to either de jure or de facto Republic of China (‘‘PRC’’) meets the
subsequent shipments; and (3) the date government control with respect to its statutory and regulatory requirements
of its first sale to an unaffiliated for initiation. The period of review
exports of subject merchandise.
customer in the United States.7 (‘‘POR’’) for the new shipper review is
Finally, the Department conducted a We will instruct CBP to allow, at the December 1, 2014 through November
U.S. Customs and Border Protection option of the importer, the posting, until 30, 2015.
(‘‘CBP’’) database query and confirmed the completion of this review, of a bond DATES: Effective Date: February 3, 2016.
the price and quantity reported by or security in lieu of a cash deposit for
FOR FURTHER INFORMATION CONTACT: Erin
Shanghai Sunbeauty.8 each entry of the subject merchandise
Kearney, AD/CVD Operations, Office IV,
Initiation of New Shipper Review from the requesting companies in
Enforcement and Compliance,
accordance with section 751(a)(2)(B)(iii)
Pursuant to section 751(a)(2)(B) of the International Trade Administration,
of the Act and 19 CFR 351.214(e). U.S. Department of Commerce, 14th
Act, 19 CFR 351.214(b), and 19 CFR Because Shanghai Sunbeauty certified
351.214(d)(1), and based on the Street and Constitution Avenue NW.,
that its affiliate Xiping Haina Trade Co., Washington, DC 20230; telephone: (202)
evidence provided by Shanghai
Ltd. produced the subject merchandise 482–0167.
Sunbeauty, we find that its request
which Shanghai Sunbeauty exported,
meets the threshold requirements for SUPPLEMENTARY INFORMATION:
initiation of the NSR for shipments of the sales of which are the basis for the
NSR request, we will instruct CBP to Background
honey from the PRC produced by Xiping
Haina Trade Co., Ltd. and exported by permit the use of a bond only for subject On December 7, 2012, the Department
Shanghai Sunbeauty.9 The POR is merchandise which Xiping Haina Trade of Commerce (‘‘Department’’) published
December 01, 2014, through November Co., Ltd produced and Shanghai the AD order on solar cells from the
30, 2015.10 If the information supplied Sunbeauty exported. PRC.1 On December 30, 2015, pursuant
by Shanghai Sunbeauty is found to be Interested parties requiring access to to section 751(a)(2)(B)(i) of the Tariff
incorrect or insufficient during the proprietary information in this NSR Act of 1930, as amended (the ‘‘Act’’),
course of this proceeding, the should submit applications for and 19 CFR 351.214(c), the Department
Department may rescind the review for disclosure under administrative received a timely request for a new
Shanghai Sunbeauty or apply facts protective order, in accordance with 19 shipper review from Anji DaSol Solar
available pursuant to section 776 of the CFR 351.305 and 19 CFR 351.306. Energy Science & Technology Co., Ltd.
Act, depending on the facts on the (‘‘Anji DaSol’’).2 On January 19, 2016,
record. This initiation and notice are in the Department received entry data from
Absent a determination that the new accordance with section 751(a)(2)(B) of U.S. Customs and Border Protection
shipper review is extraordinarily the Act, 19 CFR 351.214, and 19 CFR (‘‘CBP’’) related to Anji DaSol’s request
complicated, the Department intends to 351.221(c)(1)(i). for a new shipper review, and on
Dated: January 27, 2016. January 21, 2016, we requested
5 Id.
Gary Taverman, comments on the entry data from
6 Id.
7 Id., at 4 and Exhibit 2. Associate Deputy Assistant Secretary for 1 See Crystalline Silicon Photovoltaic Cells,
8 See Memorandum to the File from Catherine Antidumping and Countervailing Duty Whether or Not Assembled Into Modules, From the
Bertrand, Program Manager, AD/CVD Operations, Operations. People’s Republic of China: Amended Final
mstockstill on DSK4VPTVN1PROD with NOTICES
Office V regarding ‘‘U.S. Customs and Border [FR Doc. 2016–02004 Filed 2–2–16; 8:45 am] Determination of Sales at Less Than Fair Value,
Protection Query Results for Shanghai Sunbeauty and Antidumping Duty Order, 77 FR 73018
Co., Ltd.’’ dated concurrently with this notice. BILLING CODE 3510–DS–P (December 7, 2012).
9 See Memorandum to the File, from Jessica 2 See Letter from Anji DaSol to the Secretary of
Weeks, International Trade Compliance Analyst, Commerce ‘‘Crystalline Silicon Photovoltaic Cells,
‘‘Honey from the People’s Republic of China: New Whether or Not Assembled Into Modules, From the
Shipper Initiation Checklist,’’ dated concurrently People’s Republic of China: Request for New
with this notice. 11 See section 751(a)(2)(B)(iv) of the Act and 19
Shipper Review,’’ dated December 30, 2015 (‘‘NSR
10 See 19 CFR 351.214(g)(1)(ii)(B). CFR 351.214(i). Request’’).
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Document Created: 2016-02-03 00:39:52
Document Modified: 2016-02-03 00:39:52
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Contact | Jessica Weeks, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: 202-482-4877. | |
| FR Citation | 81 FR 5710 |
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