82_FR_15757 82 FR 15697 - Honey From the People's Republic of China: Final Rescission of the New Shipper Review of Shanghai Sunbeauty Trading Co., Ltd.

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

Federal Register / Vol. 82, No. 60 / Thursday, March 30, 2017 / Notices 15697 scope if application of either the nominal or Background issues which parties raised is attached actual measurement would place it within to this notice as an Appendix. the scope based on the definitions set forth For a complete description of the above. The products under investigation are events that followed the publication of Final Rescission of Sunbeauty’s New currently classifiable under Harmonized the Preliminary Rescission,1 see the Shipper Review Tariff Schedule of the United States (HTSUS) Issues and Decision Memorandum.2 A In the Preliminary Rescission, we subheadings 7607.11.3000, 7607.11.6000, list of topics included in the Issues and announced our preliminary intent to 7607.11.9030, 7607.11.9060, 7607.11.9090, Decision Memorandum is included as and 7607.19.6000. Further, merchandise that rescind this review, because we found falls within the scope of this proceeding may an Appendix to this notice. The Issues that Sunbeauty’s sales are non-bona fide also be entered into the United States under and Decision Memorandum is a public and could not be relied upon to HTSUS subheadings 7606.11.3060, document and is on file electronically calculate a dumping margin. Based on 7606.11.6000, 7606.12.3045, 7606.12.3055, via Enforcement and Compliance’s the Department’s complete analysis of 7606.12.3090, 7606.12.6000, 7606.91.3090, Antidumping and Countervailing Duty all the information and comments on 7606.91.6080, 7606.92.3090, and Centralized Electronic Service System the record of this review, we make no 7606.92.6080. Although the HTSUS (ACCESS). ACCESS is available to changes to the Preliminary Rescission. subheadings are provided for convenience registered users at http:// Accordingly, we have determined to and customs purposes, the written access.trade.gov, and to all parties in the description of the scope of this proceeding is rescind this NSR with respect to Central Records Unit, Room B8024 of Sunbeauty. For a complete discussion, dispositive. the main Department of Commerce see the Preliminary Bona Fides Memo,4 [FR Doc. 2017–06389 Filed 3–29–17; 8:45 am] building. In addition, a complete the Final Business Proprietary Memo,5 BILLING CODE 3510–DS–P version of the Issues and Decision and the Issues and Decision Memorandum can be accessed directly Memorandum. at http://enforcement.trade.gov/frn/. DEPARTMENT OF COMMERCE The signed and electronic version of the Assessment International Trade Administration Issues and Decision Memorandum are As the Department is rescinding this identical in content. NSR, we have not calculated a company-specific dumping margin for [A–570–863] Scope of the Order Sunbeauty. Sunbeauty’s entries covered The products covered by this order by this NSR will be assessed at the cash Honey From the People’s Republic of are natural honey, artificial honey deposit rate required at the time of China: Final Rescission of the New containing more than 50 percent natural entry, which is the PRC-wide rate (i.e., Shipper Review of Shanghai honey by weight, preparations of natural $2.63 per kilogram). Sunbeauty Trading Co., Ltd. honey containing more than 50 percent Cash Deposit Requirements AGENCY: Enforcement and Compliance, natural honey by weight and flavored honey. The subject merchandise Effective upon publication of this International Trade Administration, notice of the final rescission of the NSR Department of Commerce. includes all grades and colors of honey whether in liquid, creamed, comb, cut of Sunbeauty, the Department will SUMMARY: On December 6, 2016, the instruct U.S. Customs and Border comb, or chunk form, and whether Department of Commerce (the packaged for retail or in bulk form. Protection to discontinue the option of Department) published its Preliminary posting a bond or security in lieu of a Rescission for the new shipper review The merchandise subject to this order cash deposit for entries of subject (NSR) of the antidumping duty order on is currently classifiable under merchandise from Sunbeauty. The honey from the People’s Republic of subheadings 0409.00.00, 1702.90.90, following cash deposit requirements China (PRC). The period of review is and 2106.90.99 of the Harmonized Tariff will be effective upon publication of December 1, 2014, through November Schedule of the United States (HTSUS). these final results for all shipments of 30, 2015. As discussed below, we Although the HTSUS subheadings are subject merchandise from Sunbeauty preliminarily determined to rescind this provided for convenience and customs entered, or withdrawn from warehouse, review because we found the new purposes, the Department’s written for consumption on or after the shipper sales of Shanghai Sunbeauty description of the merchandise under publication date, as provided for by Trading Co., Ltd. (Sunbeauty) to be non- order is dispositive. section 751(a)(2)(C) of Tariff Act of bona fide. Based on our analysis of the Analysis of Comments Received 1930, as amended (the Act): (1) For comments received, we make no subject merchandise produced and changes to the Preliminary Rescission. All issues raised in the case briefs by exported by Sunbeauty, the cash deposit Accordingly, we have determined to parties are addressed in the Issues and rate will continue to be the PRC-wide rescind this NSR with respect to Decision Memorandum.3 A list of the Sunbeauty. 4 See Memorandum to James C. Doyle, Director, 1 See Honey from the People’s Republic of China: Office V from Carrie Bethea, International Trade DATES: Effective March 30, 2017. Preliminary Intent to Rescind New Shipper Review, Compliance Analyst, Office V, entitled, ‘‘Bona Fides 81 FR 87906, (December 6, 2016) (Preliminary Analysis of Honey from the People’s Republic of FOR FURTHER INFORMATION CONTACT: Rescission). China for Shanghai Sunbeauty Trading Co., Ltd.,’’ 2 See Memorandum to Gary Taverman, Associate dated November 30, 2016 (Preliminary Bona Fides Kabir Archuletta or Carrie Bethea, AD/ Deputy Assistant Secretary for Antidumping and Memo). asabaliauskas on DSK3SPTVN1PROD with NOTICES CVD Operations, Office V, Enforcement Countervailing Duty Operations, from James Doyle, 5 Memorandum to the File, entitled, ‘‘Business and Compliance, International Trade Director, Office V, Antidumping and Countervailing Proprietary Information Memo for Shanghai Administration, U.S. Department of Duty Operations, entitled, ‘‘Issues and Decision Sunbeauty Trading Co., Ltd.,’’ dated concurrently Commerce, 1401 Constitution Avenue Memorandum for the Final Rescission of the with the Memorandum to Ronald K. Lorentzen from Antidumping Duty New Shipper Review of Honey Gary Taverman, entitled, ‘‘Issues and Decision NW., Washington, DC 20230; telephone: from the People’s Republic of China: Shanghai Memorandum for the Final Rescission of the (202) 482–2593 or (202) 482–1491, Sunbeauty Trading Co. Ltd.,’’ dated concurrently Antidumping Duty New Shipper Review of Honey respectively. with, and hereby adopted by, this notice (Issues and from the People’s Republic of China: Shanghai Decision Memorandum). Sunbeauty Trading Co., Ltd.’’ (Final Business SUPPLEMENTARY INFORMATION: 3 See Issues and Decision Memorandum. Proprietary Information Memo). VerDate Sep<11>2014 19:09 Mar 29, 2017 Jkt 241001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\30MRN1.SGM 30MRN1

15698 Federal Register / Vol. 82, No. 60 / Thursday, March 30, 2017 / Notices rate (i.e., $2.63 per kilogram); (2) for DEPARTMENT OF COMMERCE Northern Gulf of Maine Management subject merchandise exported by Area issues. Sunbeauty but not manufactured by National Oceanic and Atmospheric After a lunch break, the Council will Sunbeauty, the cash deposit rate will Administration hear from its Skate Committee, which continue to be the PRC-wide rate (i.e., will provide a summary of comments RIN 0648–XF323 $2.63 per kilogram); and (3) for subject received during recent scoping hearings merchandise manufactured by New England Fishery Management for Amendment 5 to the Northeast Skate Sunbeauty, but exported by any other Council; Public Meeting Complex Fishery Management Plan. The party, the cash deposit rate will be the Council also will review and may rate applicable to the exporter. These AGENCY: National Marine Fisheries consider revising the existing control cash deposit requirements, when Service (NMFS), National Oceanic and dates for the skate bait and skate non- imposed, shall remain in effect until Atmospheric Administration (NOAA), bait (wing) fisheries. The Council will further notice. Commerce. close out the day with a report from its ACTION: Notice of a public meeting. Habitat Committee, which first will Notifications to Importers present an overview of input received This notice also serves as a final SUMMARY: The New England Fishery during two mid-March coral workshops. reminder to importers of their Management Council (Council, NEFMC) These workshops were held in New responsibility under 19 CFR 351.402(f) will hold a three-day meeting to Bedford, MA and Portsmouth, NH with to file a certificate regarding the consider actions affecting New England active fishermen to help refine the reimbursement of antidumping duties fisheries in the exclusive economic zone alternatives in the Council’s Draft prior to liquidation of the relevant (EEZ). Omnibus Deep-Sea Coral Amendment. entries during this review period. DATES: The meeting will be held on The Council then will identify preferred Failure to comply with this requirement Tuesday, Wednesday, and Thursday, alternatives in the amendment to send could result in the Secretary’s April 18, 19, and 20, 2017, beginning at to public hearing. Finally, the Council presumption that reimbursement of 9 a.m. on April 18, 8:30 a.m. on April will receive a progress report on the antidumping duties occurred and the 19, and 8:30 a.m. on April 20. Clam Dredge Exemption Area subsequent assessment of double Framework Adjustment, which is under ADDRESSES: The meeting will be held at antidumping duties. development. the Hilton Mystic, 20 Coogan Blvd., Administrative Protective Orders Mystic, CT 06355; telephone: (860) 572– Wednesday, April 19, 2017 0731; online at http://www3.hilton.com/ The second day of the meeting will This notice also serves as a reminder en/hotels/connecticut/hilton-mystic- begin with an Ecosystem Status Report to parties subject to administrative MYSMHHF/index.html. by NEFSC staff to update the Council on protective orders (APO) of their Council address: New England the state of the Northeast Continental responsibility concerning the return or Fishery Management Council, 50 Water Shelf ecosystem. This report will be destruction of proprietary information Street, Mill 2, Newburyport, MA 01950; followed by an update from the disclosed under APO in accordance telephone: (978) 465–0492; Council’s Ecosystem-Based Fishery with 19 CFR 351.305, which continues www.nefmc.org. Management Committee on developing to govern business proprietary a worked example of harvest control FOR FURTHER INFORMATION CONTACT: information in this segment of the rules for ecosystem management. Next, Thomas A. Nies, Executive Director, proceeding. Timely written notification the Northeast Fisheries Science Center New England Fishery Management of the return/destruction of APO will provide a presentation on the Council; telephone: (978) 465–0492, ext. materials or conversion to judicial Standardized Bycatch Reporting 113. protective order is hereby requested. Methodology and outline steps for Failure to comply with the regulations SUPPLEMENTARY INFORMATION: improvement. GARFO staff will and terms of an APO is a violation Agenda summarize the peer review that was which is subject to sanction. conducted regarding in-season discard Tuesday, April 18, 2017 The Department is issuing and estimation methods, known as the publishing these results in accordance After introductions and brief Discard Methodology Review. Members with sections 751(a)(2)(B) and 777(i) of announcements, the meeting will begin of the public then will be able to speak the Act and 19 CFR 351.214 and 19 CFR with reports from the Council Chairman during an open comment period on 351.221(b)(5). and Executive Director, NMFS’s issues that relate to Council business Dated: March 24, 2017. Regional Administrator for the Greater but are not included on the published Atlantic Regional Fisheries Office agenda for this meeting. The Council Gary Taverman, (GARFO), liaisons from the Northeast asks the public to limit remarks to 3–5 Associate Deputy Assistant Secretary for Fisheries Science Center (NEFSC) and minutes. Antidumping and Countervailing Duty Operations. Mid-Atlantic Fishery Management After a lunch break, the Whiting Council, representatives from NOAA Committee will be up first. The Council Appendix—List of Topics Discussed in General Counsel and the Office of Law will review and is expected to approve the Issues and Decision Memorandum Enforcement, and staff from the Atlantic the range of limited access, permitting, States Marine Fisheries Commission and possession limit alternatives for the asabaliauskas on DSK3SPTVN1PROD with NOTICES I. Summary II. Background (ASMFC) and the U.S. Coast Guard. Draft Environmental Impact Statement III. Scope of the Order Following these reports, the Council for Amendment 22 to the Northeast IV. Discussion of the Issues will hear from its Scallop Committee, Multispecies Fishery Management Plan. Issue: Bona Fide Nature of Sunbeauty’s which will provide a progress report on Amendment 22, referred to as ‘‘the Sales 2017 work priorities. The Council also whiting amendment,’’ is focused on V. Recommendation potentially may initiate a framework small-mesh multispecies. After that, the [FR Doc. 2017–06286 Filed 3–29–17; 8:45 a.m.] adjustment to the Atlantic Sea Scallop Council will spend the remainder of the BILLING CODE 3510–DS–P Fishery Management Plan to address afternoon on research-related issues. VerDate Sep<11>2014 19:09 Mar 29, 2017 Jkt 241001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\30MRN1.SGM 30MRN1


Document Created: 2017-03-30 01:35:46
Document Modified: 2017-03-30 01:35:46
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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