82 FR 29840 - Honey From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results of Review and Notice of Amended Final Results of Review Pursuant to Court Decision

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 125 (June 30, 2017)

Page Range29840-29841
FR Document2017-13791

The Department of Commerce (the Department) is notifying the public that the Court of International Trade's (CIT's or the Court's) final judgment in this case is not in harmony with the Department's final results of review and is, therefore, amending the final dumping duty margin for one reviewed company.

Federal Register, Volume 82 Issue 125 (Friday, June 30, 2017)
[Federal Register Volume 82, Number 125 (Friday, June 30, 2017)]
[Notices]
[Pages 29840-29841]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13791]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-863]


Honey From the People's Republic of China: Notice of Court 
Decision Not in Harmony With Final Results of Review and Notice of 
Amended Final Results of Review Pursuant to Court Decision

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) is notifying the 
public that the Court of International Trade's (CIT's or the Court's) 
final judgment in this case is not in harmony with the Department's 
final results of review and is, therefore, amending the final dumping 
duty margin for one reviewed company.

DATES: Effective Date: June 10, 2017.

FOR FURTHER INFORMATION CONTACT: John Drury, AD/CVD Operations, Office 
VI, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, 
DC 20230; telephone: (202) 482-0195.

SUPPLEMENTARY INFORMATION: 

Background

    On December 10, 2001, the Department published an amended final 
determination of sales at less than fair value, and an antidumping duty 
order, on honey from the People's Republic of China (PRC).\1\ As part 
of the Department's amended final determination, the Department made 
affirmative critical circumstances determinations for Zhejiang Native 
Produce and Animal By-Products Import & Export Corp., a.k.a. Zhejiang 
Native Produce and Animal By-Products Import and Export Group 
Corporation (Zhejiang), and certain other firms.\2\
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    \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) (Amended Final 
Determination and Order).
    \2\ Id., at 63672.
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    On January 20, 2003, the Department initiated an administrative 
review of the antidumping duty order on honey from the PRC covering the 
period February 10, 2001, through November 30, 2002.\3\ In the 
administrative review, the Department determined normal value using a 
factors of production (FOP) methodology, pursuant to section 773(c) of 
the Tariff Act of 1930, as amended (the Act) and selected India as the 
primary surrogate country from which to derive surrogate values.
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    \3\ See Initiation of Antidumping and Countervailing 
Administrative Review and Requests for Revocation in Part, 68 FR 
3009 (January 22, 2003) (Initiation Notice).
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    On May 5, 2004, the Department published the Final Results.\4\ On 
June 10, 2004, the Department published the Amended Final Results, 
which corrected certain ministerial errors.\5\ In the Amended Final 
Results, the Department corrected the antidumping duty margin for 
respondent Zhejiang from 68.35 percent to 67.70 percent ad valorem.
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    \4\ See Honey from the People's Republic of China: Final Results 
of First Antidumping Duty Administrative Review, 69 FR 25060 (May 5, 
2004), and the accompanying ``Issues and Decision Memorandum for the 
Final Results of the First Administrative Review of the Antidumping 
Order on Honey from the People's Republic of China,'' dated April 
28, 2004 (Decision Memorandum) (collectively, Final Results).
    \5\ See Honey from the People's Republic of China: Amended Final 
Results of First Antidumping Duty Administrative Review, 69 FR 32494 
(June 10, 2004) (Amended Final Results).
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    Zhejiang challenged the Final Results and Amended Final Results 
before the CIT. On November 19, 2004, the Department amended the record 
of the proceeding to add 11 documents that were not included in the 
original

[[Page 29841]]

record,\6\ but were identified as part of a Freedom of Information Act 
(FOIA) request filed by Zhejiang.
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    \6\ See Letter to All Interested Parties, dated October 21, 
2015, at Attachment I, citing to Amended Public Record 121-131, Ct. 
No. 04-268; see also Amendment to Administrative Record in Zhejiang 
Native Produce and Animal By-Products Import and Export Corp v. 
United States, Court No 04-00268, dated November 19, 2004.
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    At the same time that Zhejiang challenged the Department's Final 
Results as amended, litigation concerning the Department's final 
determination of critical circumstances in the less than fair value 
investigation of honey from the PRC ensued.\7\ In light of the fact 
that the POR for the first administrative review was, in part, based on 
the Department's finding of critical circumstances in the 
investigation, the CIT stayed further action pending the outcome of the 
litigation relating to the investigation. The CIT affirmed the 
Department's finding on remand of no critical circumstances on June 18, 
2013.\8\
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    \7\ See Zhejiang Native Produce & Animal By-Products Import & 
Export Corp. v. United States, Court No. 02-00057, 25 ITRD (BNA) 
2394 (CIT November 21, 2003); 26 ITRD (BNA) 2320 (CIT August 26, 
2004).
    \8\ See Zhejiang Native Produce & Animal By-Products Import & 
Export Corp. v. United States, 2013 WL 2996235, Slip Op. 13-76 (CIT 
2013).
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    On August 3, 2015, the CIT remanded this case to the Department. 
Specifically, the Court: (1) Granted the Department's request for a 
voluntary remand to reconsider the issues related to the surrogate 
value for raw honey; (2) remanded the issue of the selection of the 
appropriate financial statements; and (3) requested that the Department 
recalculate Zhejiang's dumping margin to reflect the different POR 
resulting from the decision in Zhejiang Native Produce & Animal By-
Products Import & Export Corp. v. United States, Court No. 02-00057.
    The Department released a draft redetermination on December 31, 
2015, and invited comments from parties.\9\ The Department released a 
final redetermination on February 10, 2016.\10\ In the Final 
Redetermination, consistent with the Court's instructions and after a 
review of information on the record and comments from interested 
parties, the Department found that a change in the surrogate value for 
raw honey was not warranted and that a change in the financial 
statements for calculating surrogate values for factory overhead, 
selling, general and administrative expenses, and profit, was also not 
warranted. In addition, the Department removed sales corresponding to 
the critical circumstances period and recalculated the antidumping duty 
margin. Specifically, the Department calculated a margin of 67.06 
percent ad valorem for Zhejiang's sales of honey from the PRC for the 
period of May 11, 2001, to November 30, 2002.\11\
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    \9\ See Letter to All Interested Parties, dated December 31, 
2015 (Draft Redetermination).
    \10\ See Zhejiang Native Produce & Animal By-Products Import & 
Export Corp. v. United States, Court No. 04-00268, dated February 
10, 2016 (Final Redetermination).
    \11\ See Final Redetermination at 29-30.
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    On June 1, 2017, the CIT sustained the Department's Final 
Redetermination in its entirety.\12\
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    \12\ See Zhejiang Native Produce & Animal By-Products Import & 
Export Corp. v. United States, Court No. 04-00268, dated June 1, 
2017 (Zhejiang III).
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Timken Notice

    In its decision in Timken,\13\ as clarified by Diamond 
Sawblades,\14\ the United States Court of Appeals for the Federal 
Circuit (CAFC) held that, pursuant to sections 516A(c) and (e) of the 
Act, the Department must publish a notice of a court decision that is 
not ``in harmony'' with a Department determination and must suspend 
liquidation of entries pending a ``conclusive'' court decision. The 
CIT's June 1, 2017, judgment in Zhejiang III, sustaining the 
Department's decision in the Final Redetermination to re-calculate the 
dumping margin for Zhejiang from 67.70 percent to 67.06 percent, 
constitutes a final decision of the court that is not in harmony with 
the Amended Final Results. This notice is published in fulfillment of 
the publication requirements of Timken. Accordingly, the Department 
will issue liquidation instructions to U.S. Customs and Border 
Protection (CBP) to liquidate entries of honey from the PRC exported to 
or imported into the United States by Zhejiang at the rate of 67.06 
percent ad valorem pending expiration of the period to appeal or, if 
appealed, pending a final and conclusive court decision.
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    \13\ See Timken Co. v. United States, 893 F.2d 337, 341 (Fed. 
Cir. 1990) (Timken).
    \14\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Second Amended Final Results

    Because there is now a final court decision, the Department amends 
the Amended Final Results with respect to the dumping margin of 
Zhejiang. The revised weighted-average dumping margin for Zhejiang 
during the period May 11, 2001, to November 30, 2002, is as follows:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                        Exporter                          dumping margin
                                                             (percent)
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Zhejiang Native Produce & Animal By-Products Import &              67.06
 Export Corp............................................
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    In the event the Court's ruling is not appealed, or if appealed and 
upheld by the CAFC, the Department will instruct CBP to assess 
antidumping duties on entries of the subject merchandise exported by 
Zhejiang using the revised assessment rate calculated by the Department 
in the Final Redetermination.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.

    Dated: June 23, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-13791 Filed 6-29-17; 8:45 am]
 BILLING CODE 3510-DS-P


82_FR_29965
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 Date: June 10, 2017.
ContactJohn Drury, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-0195.
FR Citation82 FR 29840 

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