82 FR 15697 - Honey From the People's Republic of China: Final Rescission of the New Shipper Review of Shanghai Sunbeauty Trading Co., Ltd.

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 60 (March 30, 2017)

Page Range15697-15698
FR Document2017-06286

On December 6, 2016, the Department of Commerce (the Department) published its Preliminary Rescission for the new shipper review (NSR) of the antidumping duty order on honey from the People's Republic of China (PRC). The period of review is December 1, 2014, through November 30, 2015. As discussed below, we preliminarily determined to rescind this review because we found the new shipper sales of Shanghai Sunbeauty Trading Co., Ltd. (Sunbeauty) to be non- bona fide. Based on our analysis of the comments received, we make no changes to the Preliminary Rescission. Accordingly, we have determined to rescind this NSR with respect to Sunbeauty.

Federal Register, Volume 82 Issue 60 (Thursday, March 30, 2017)
[Federal Register Volume 82, Number 60 (Thursday, March 30, 2017)]
[Notices]
[Pages 15697-15698]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-06286]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-863]


Honey From the People's Republic of China: Final Rescission of 
the New Shipper Review of Shanghai Sunbeauty Trading Co., Ltd.

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On December 6, 2016, the Department of Commerce (the 
Department) published its Preliminary Rescission for the new shipper 
review (NSR) of the antidumping duty order on honey from the People's 
Republic of China (PRC). The period of review is December 1, 2014, 
through November 30, 2015. As discussed below, we preliminarily 
determined to rescind this review because we found the new shipper 
sales of Shanghai Sunbeauty Trading Co., Ltd. (Sunbeauty) to be non-
bona fide. Based on our analysis of the comments received, we make no 
changes to the Preliminary Rescission. Accordingly, we have determined 
to rescind this NSR with respect to Sunbeauty.

DATES: Effective March 30, 2017.

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

    For a complete description of the events that followed the 
publication of the Preliminary Rescission,\1\ see the Issues and 
Decision Memorandum.\2\ A list of topics included in the Issues and 
Decision Memorandum is included as an Appendix to this notice. The 
Issues and 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 
to all parties in the Central Records Unit, Room B8024 of the main 
Department of Commerce building. In addition, a complete version of the 
Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic version of the 
Issues and Decision Memorandum are identical in content.
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    \1\ See Honey from the People's Republic of China: Preliminary 
Intent to Rescind New Shipper Review, 81 FR 87906, (December 6, 
2016) (Preliminary Rescission).
    \2\ See Memorandum to Gary Taverman, Associate Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, from 
James Doyle, Director, Office V, Antidumping and Countervailing Duty 
Operations, entitled, ``Issues and Decision Memorandum for the Final 
Rescission of the Antidumping Duty New Shipper Review of Honey from 
the People's Republic of China: Shanghai Sunbeauty Trading Co. 
Ltd.,'' dated concurrently with, and hereby adopted by, this notice 
(Issues and Decision Memorandum).
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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.

Analysis of Comments Received

    All issues raised in the case briefs by parties are addressed in 
the Issues and Decision Memorandum.\3\ A list of the issues which 
parties raised is attached to this notice as an Appendix.
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    \3\ See Issues and Decision Memorandum.
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Final Rescission of Sunbeauty's New Shipper Review

    In the Preliminary Rescission, we announced our preliminary intent 
to rescind this review, because we found that Sunbeauty's sales are 
non-bona fide and could not be relied upon to calculate a dumping 
margin. Based on the Department's complete analysis of all the 
information and comments on the record of this review, we make no 
changes to the Preliminary Rescission. Accordingly, we have determined 
to rescind this NSR with respect to Sunbeauty. For a complete 
discussion, see the Preliminary Bona Fides Memo,\4\ the Final Business 
Proprietary Memo,\5\ and the Issues and Decision Memorandum.
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    \4\ See Memorandum to James C. Doyle, Director, Office V from 
Carrie Bethea, International Trade Compliance Analyst, Office V, 
entitled, ``Bona Fides Analysis of Honey from the People's Republic 
of China for Shanghai Sunbeauty Trading Co., Ltd.,'' dated November 
30, 2016 (Preliminary Bona Fides Memo).
    \5\ Memorandum to the File, entitled, ``Business Proprietary 
Information Memo for Shanghai Sunbeauty Trading Co., Ltd.,'' dated 
concurrently with the Memorandum to Ronald K. Lorentzen from Gary 
Taverman, entitled, ``Issues and Decision Memorandum for the Final 
Rescission of the Antidumping Duty New Shipper Review of Honey from 
the People's Republic of China: Shanghai Sunbeauty Trading Co., 
Ltd.'' (Final Business Proprietary Information Memo).
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Assessment

    As the Department is rescinding this NSR, we have not calculated a 
company-specific dumping margin for Sunbeauty. Sunbeauty's entries 
covered by this NSR will be assessed at the cash deposit rate required 
at the time of entry, which is the PRC-wide rate (i.e., $2.63 per 
kilogram).

Cash Deposit Requirements

    Effective upon publication of this notice of the final rescission 
of the NSR of Sunbeauty, the Department will instruct U.S. Customs and 
Border Protection to discontinue the option of posting a bond or 
security in lieu of a cash deposit for entries of subject merchandise 
from Sunbeauty. The following cash deposit requirements will be 
effective upon publication of these final results for all shipments of 
subject merchandise from Sunbeauty entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of Tariff Act of 1930, as amended 
(the Act): (1) For subject merchandise produced and exported by 
Sunbeauty, the cash deposit rate will continue to be the PRC-wide

[[Page 15698]]

rate (i.e., $2.63 per kilogram); (2) for subject merchandise exported 
by Sunbeauty but not manufactured by Sunbeauty, the cash deposit rate 
will continue to be the PRC-wide rate (i.e., $2.63 per kilogram); and 
(3) for subject merchandise manufactured by Sunbeauty, but exported by 
any other party, the cash deposit rate will be the rate applicable to 
the exporter. These cash deposit requirements, when imposed, shall 
remain in effect until further notice.

Notifications to Importers

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) 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 Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return/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.
    The Department is issuing and publishing these results in 
accordance with sections 751(a)(2)(B) and 777(i) of the Act and 19 CFR 
351.214 and 19 CFR 351.221(b)(5).

    Dated: March 24, 2017.
Gary Taverman,
Associate Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.

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
    Issue: Bona Fide Nature of Sunbeauty's Sales
V. Recommendation

[FR Doc. 2017-06286 Filed 3-29-17; 8:45 a.m.]
BILLING CODE 3510-DS-P


Current View
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective March 30, 2017.
ContactKabir 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 Citation82 FR 15697 

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