81 FR 87906 - Honey From the People's Republic of China: Preliminary Intent To Rescind New Shipper Review
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 234 (December 6, 2016)
International Trade Administration
Federal Register Volume 81, Issue 234 (December 6, 2016)
| Page Range | 87906-87907 | |
| FR Document | 2016-29230 |
[Federal Register Volume 81, Number 234 (Tuesday, December 6, 2016)] [Notices] [Pages 87906-87907] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-29230] ======================================================================= ----------------------------------------------------------------------- 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\ --------------------------------------------------------------------------- \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). --------------------------------------------------------------------------- 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\ --------------------------------------------------------------------------- \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. --------------------------------------------------------------------------- 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\ --------------------------------------------------------------------------- \9\ See 19 CFR 351.309(c). \10\ See 19 CFR 351.309(d). --------------------------------------------------------------------------- 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\ --------------------------------------------------------------------------- \11\ See 19 CFR 351.310(c). \12\ See 19 CFR 351.310(d). --------------------------------------------------------------------------- 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\ --------------------------------------------------------------------------- \13\ See 19 CFR 351.212(c). \14\ See 19 CFR 351.106(c)(2). --------------------------------------------------------------------------- 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
![87906 Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Notices
SUPPLEMENTARY INFORMATION: As DEPARTMENT OF COMMERCE the Department issued supplemental
required by section 21 of the USGSA (7 questionnaires to Sunbeauty, to which it
U.S.C. 87j), as amended, the Secretary of International Trade Administration responded in a timely manner.6
Agriculture (Secretary) established the [A–570–863] Petitioner submitted comments on
Advisory Committee on September 29, Sunbeauty’s questionnaire response
1981, to provide advice to the GIPSA Honey From the People’s Republic of between March and September 2016.7
Administrator on implementation of the China: Preliminary Intent To Rescind Sunbeauty submitted rebuttal comments
USGSA. As specified in the USGSA, New Shipper Review to Petitioner’s comments between
each member’s term is 3 years and no March and September 2016.8
AGENCY: Enforcement and Compliance,
member may serve successive terms. International Trade Administration, Scope of the Order
The Advisory Committee consists of Department of Commerce. The products covered by this order
15 members, appointed by the SUMMARY: The Department is conducting are natural honey, artificial honey
Secretary, who represent the interests of a new shipper review (‘‘NSR’’) covering containing more than 50 percent natural
grain producers, processors, handlers, the period of review (‘‘POR’’) of honey by weight, preparations of natural
merchandisers, consumers, exporters, December 1, 2014, through November honey containing more than 50 percent
and scientists with expertise in research 30, 2015. Because the sales made by natural honey by weight and flavored
related to the policies in section 2 of the Shanghai Sunbeauty Trading Co., Ltd. honey. The subject merchandise
USGSA (7 U.S.C. 74). While members of (‘‘Sunbeauty’’) are not bona fide, we includes all grades and colors of honey
the Advisory Committee serve without have preliminarily determined to whether in liquid, creamed, comb, cut
compensation, USDA reimburses them rescind this NSR. comb, or chunk form, and whether
for travel expenses, including per diem DATES: Effective December 6, 2016. packaged for retail or in bulk form.
in lieu of subsistence, for travel away FOR FURTHER INFORMATION CONTACT: The merchandise subject to this order
Kabir Archuletta or Carrie Bethea, AD/ is currently classifiable under
from their homes or regular places of
CVD Operations, Office V, Enforcement subheadings 0409.00.00, 1702.90.90 and
business in performance of Advisory
and Compliance, International Trade 2106.90.99 of the Harmonized Tariff
Committee service (see 5 U.S.C. 5703).
Administration, U.S. Department of Schedule of the United States
A list of current Advisory Committee Commerce, 1401 Constitution Avenue (‘‘HTSUS’’). Although the HTSUS
members and other relevant information NW., Washington, DC 20230; telephone: subheadings are provided for
are available on the GIPSA at http:// (202) 482–2593 or (202) 482–1491, convenience and customs purposes, the
www.gipsa.usda.gov/fgis/ respectively. Department’s written description of the
adcommit.html. merchandise under order is dispositive.
SUPPLEMENTARY INFORMATION:
GIPSA is seeking nominations for Methodology
individuals to serve on the Advisory Background
The Department is conducting this
Committee to replace seven members In response to a December 17, 2015 review in accordance with section
whose terms will expire April 1, 2017. request from Sunbeauty,1 on February 3, 751(a)(2)(B) of the Tariff Act of 1930, as
Nominations are open to all 2016, the Department published the amended (‘‘the Act’’), and 19 CFR
individuals without regard to race, notice of initiation of a new shipper 351.214. For a full description of the
review of honey for the period methodology underlying our
color, religion, gender, national origin,
December 1, 2014 to November 30, conclusions, see the Preliminary
age, mental or physical disability,
2015.2 On June 14, 2016, the Decision Memorandum.
marital status, or sexual orientation. To Department extended the deadline for
ensure that recommendations of the The Preliminary Decision
issuing the preliminary results by 120 Memorandum is a public document and
Advisory Committee take into account days to November 30, 2016.3
the needs of the diverse groups served is on file electronically via Enforcement
The Department sent the NSR and Compliance’s Antidumping and
by the USDA, membership shall antidumping duty questionnaire to
include, to the extent practicable, Countervailing Duty Centralized
Sunbeauty on February 3, 2016,4 to Electronic Service System (‘‘ACCESS’’).
individuals with demonstrated ability to which it responded in a timely manner.5 ACCESS is available to registered users
represent minorities, women, and Between March 2016 and August 2016, at http://access.trade.gov and in the
persons with disabilities.
1 See
Department’s Central Records Unit,
The final selection of Advisory Request for NSR.
2 See Initiation Notice.
room B8024 of the main Department of
Committee members and alternates is 3 See Memorandum to Christian Marsh, Deputy Commerce building. In addition, a
made by the Secretary. Assistant Secretary for Antidumping and
Countervailing Duty Operations, through James C. 6 See, e.g., Letter to Shanghai Sunbeauty Co., Ltd.,
Larry Mitchell, Doyle, Director, Office V, Antidumping and regarding, ‘‘Antidumping Duty New Shipper
Administrator, Grain Inspection, Packers and Countervailing Duty Operations ‘‘Honey from the Review of Honey from the People’s Republic of
Stockyards Administration. People’s Republic of China: Extension of Deadline China—Supplemental Section AC Questionnaire,’’
for Preliminary Results of New Shipper Review’’ dated July 7, 2016.
[FR Doc. 2016–29229 Filed 12–5–16; 8:45 am] (June 14, 2016). 7 Petitioner is the American Honey Producers
4 See Letter to Shanghai Sunbeauty Co., Ltd. from Association and Sioux Honey Association. See, e.g.,
BILLING CODE 3410–KD–P
Catherine Bertrand, Program Manager, Office V, Letter to the Secretary from Petitioners, regarding,
regarding, ‘‘New Shipper Questionnaire,’’ dated ‘‘Honey from the People’s Republic of China—
mstockstill on DSK3G9T082PROD with NOTICES
February 3, 2016. Petitioners’ Submission of New Factual Information
5 See Letter to the Secretary from Shanghai to Rebut, Clarify, or Correct, Information Contained
Sunbeauty Trading Co., Ltd., regarding, ‘‘Honey in Sunbeauty’s Importer-Specific Questionnaire,’’
from the People’s Republic of China: Shanghai dated August 8, 2016.
Sunbeauty Section A Response,’’ dated March 2, 8 See, e.g., Letter to the Secretary from Shanghai
2016; Letter to the Secretary from Shanghai Sunbeauty Trading Co., Ltd., regarding, ‘‘Honey
Sunbeauty Trading Co., Ltd., regarding, ‘‘Honey from the People’s Republic of China: Rebuttal
from the People’s Republic of China: Response to Comments on CBP Entry Documentation,’’ dated
Importer-Specific Questions,’’ dated March 2, 2016. March 28, 2016.
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![Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Notices 87907
complete version of the Preliminary Department will determine, and the U.S. DEPARTMENT OF COMMERCE
Decision Memorandum can be accessed Customs and Border Protection (‘‘CBP’’)
directly on the Internet at http:// shall assess, antidumping duties on all International Trade Administration
enforcement.trade.gov/frn/. The signed appropriate entries. If we proceed to a [A–557–816]
Preliminary Decision Memorandum and final rescission of the new shipper
the electronic versions of the review, Sunbeauty’s entries will be Certain Steel Nails From Malaysia:
Preliminary Decision Memorandum are assessed at the rate entered.13 If we do Preliminary Results of the Changed
identical in content. not proceed to a final rescission of the Circumstances Review
Preliminary Rescission of Sunbeauty new shipper review, pursuant to 19 CFR
AGENCY: Enforcement and Compliance,
New Shipper Review 351.212(b)(1), we will calculate
International Trade Administration,
For the reasons detailed in the importer-specific assessment rates. We
Department of Commerce.
Preliminary Decision Memorandum, the will instruct CBP to assess antidumping
SUMMARY: On November 17, 2015, the
Department preliminarily finds that, duties on all appropriate entries covered
by this review if any importer-specific Department of Commerce (the
Sunbeauty’s sales under review are not ‘‘Department’’) initiated a changed
bona fide transactions. As such, the assessment rate calculated in the final
circumstance review (‘‘CCR’’) of the
Department preliminarily finds that we results of this review is above de
antidumping duty (‘‘AD’’) order on
cannot rely on these sales to calculate a minimis.14
certain steel nails (‘‘nails’’) from
dumping margin and there are no sales Malaysia. Pursuant to section 751(b) of
on which we can base this review. Cash Deposit Requirements
the Tariff Act of 1930, as amended (‘‘the
Consequently, the Department is Effective upon publication of the final Act’’), and 19 CFR 351.216, the
preliminarily rescinding the new rescission or the final results of this new Department preliminarily determines
shipper review of Sunbeauty. shipper review, we will instruct CBP to that Inmax Sdn. Bhd. (‘‘Inmax Sdn’’)
Disclosure and Public Comment discontinue the option of posting a bond and Inmax Industries Sdn. Bhd. (‘‘Inmax
The Department will disclose the or security in lieu of a cash deposit for Industries’’) (collectively, ‘‘Inmax’’)
analysis performed for these entries of subject merchandise by should be collapsed and assigned the
preliminary results to the parties within Sunbeauty. If the Department proceeds same AD cash deposit rate for purposes
five days of the date of publication of to a final rescission of the new shipper of determining AD liability in this
this notice in accordance with 19 CFR review, the cash deposit rate will proceeding. Interested parties are
351.224(b). Interested parties may continue to be the PRC-wide rate. If we invited to comment on these
submit written comments by no later issue final results of the new shipper preliminary results.
than 30 days after the date of review for Sunbeauty, we will instruct DATES: Effective December 6, 2016.
publication of these preliminary results CBP to collect cash deposits, effective FOR FURTHER INFORMATION CONTACT:
of review.9 Rebuttals, limited to issues upon the publication of the final results, Moses Song, AD/CVD Operations, Office
raised in the written comments, may be at the rates established therein. VI, Enforcement and Compliance,
filed by no later than five days after the International Trade Administration,
written comments are filed.10 Notification to Importers U.S. Department of Commerce, 1401
Any interested party may request a Constitution Avenue NW., Washington,
hearing within 30 days of publication of This notice also serves as a
preliminary reminder to importers of DC 20230; telephone: (202) 482–5041.
this notice.11 Hearing requests should
their responsibility under 19 CFR SUPPLEMENTARY INFORMATION:
contain the following information: (1)
The party’s name, address, and 351.402(f)(2) to file a certificate Background
telephone number; (2) the number of regarding the reimbursement of
antidumping duties prior to liquidation On July 13, 2015, the Department
participants; and (3) a list of the issues
of the relevant entries during this published the AD order on nails from
to be discussed. Oral presentations will
Malaysia in the Federal Register.1 On
be limited to issues raised in the briefs. review period. Failure to comply with
September 2, 2015, Mid Continent Steel
If a request for a hearing is made, parties this requirement could result in the
& Wire, Inc. (‘‘Petitioner’’) requested
will be notified of the time and date for Department’s presumption that that the Department conduct a CCR,
the hearing to be held at the U.S. reimbursement of antidumping duties pursuant to section 751(b) of the Act
Department of Commerce, 1401 occurred and the subsequent assessment and 19 CFR 351.216, to determine that
Constitution Avenue NW., Washington, of double antidumping duties, Inmax Sdn and Inmax Industries should
DC 20230.12
The Department intends to issue the The Department is issuing and be collapsed and assigned the same AD
final results of this new shipper review, publishing these results in accordance cash deposit rate assigned to Inmax
which will include the results of its with sections 751(a)(2)(B) and 777(i)(l) Sdn.2 On November 17, 2015, the
analysis of issues raised in any such of the Act, and 19 CFR 351.214 and 19 Department initiated this CCR, pursuant
comments, within 90 days of CFR 351.221(b)(4). to section 751(b)(1) of the Act and 19
publication of these preliminary results, CFR 351.216(c) and (d), upon finding
Dated: November 29, 2016.
pursuant to section 751(a)(2)(B)(iv) of that there is sufficient information and
Paul Piquado, ‘‘good cause’’ regarding new trading
the Act.
Assistant Secretary for Enforcement and
mstockstill on DSK3G9T082PROD with NOTICES
Assessment Rates Compliance. 1 See Certain Steel Nails From the Republic of
Upon completion of the final results, [FR Doc. 2016–29230 Filed 12–5–16; 8:45 a.m.] Korea, Malaysia, the Sultanate of Oman, Taiwan,
and the Socialist Republic of Vietnam:
pursuant to 19 CFR 351.212(b), the BILLING CODE 3510–DS–P
Antidumping Duty Orders, 80 FR 39994 (July 13,
2015) (‘‘Order’’).
9 See 19 CFR 351.309(c). 2 See Letter from Petitioner to the Department,
10 See 19 CFR 351.309(d). regarding ‘‘Certain Steel Nails from Malaysia:
11 See 19 CFR 351.310(c). 13 See 19 CFR 351.212(c). Request for Changed Circumstances Review,’’ dated
12 See 19 CFR 351.310(d). 14 See 19 CFR 351.106(c)(2). September 2, 2015 (‘‘CCR Request’’).
VerDate Sep<11>2014 17:39 Dec 05, 2016 Jkt 241001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\06DEN1.SGM 06DEN1](https://thefederalregister.org/doc/81_FR_88140/page/2.svg)
Document Created: 2016-12-06 02:19:02
Document Modified: 2016-12-06 02:19:02
| 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 | |
| Dates | Effective December 6, 2016. | |
| 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. | |
| FR Citation | 81 FR 87906 |
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