82 FR 31557 - Honey From the People's Republic of China: Preliminary Rescission of the New Shipper Review and Preliminary Results of the Administrative Review; 2015-2016

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 129 (July 7, 2017)

The Department of Commerce (the Department) aligned the 2015- 2016 new shipper review of the antidumping duty order on honey from the People's Republic of China (PRC) with the 2015-2016 administrative review of the same order covering the same period of review (POR), and is therefore conducting the reviews concurrently. The POR for the administrative review and the new shipper review is December 1, 2015, through November 30, 2016. As discussed below, the Department is preliminarily rescinding the new shipper with respect to Jiangsu Runchen Agricultural/Sideline Foodstuff Co., Ltd. (Jiangsu Runchen) and has preliminarily found that Shanghai Sunbeauty Trading Co., Ltd. (Sunbeauty) is not eligible to receive a separate rate.

[Federal Register Volume 82, Number 129 (Friday, July 7, 2017)]
[Notices]
[Pages 31557-31559]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14277]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-863]


Honey From the People's Republic of China: Preliminary Rescission 
of the New Shipper Review and Preliminary Results of the Administrative 
Review; 2015-2016

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) aligned the 2015-
2016 new shipper review of the antidumping duty order on honey from the 
People's Republic of China (PRC) with the 2015-2016 administrative 
review of the same order covering the same period of review (POR), and 
is therefore conducting the reviews concurrently. The POR for the 
administrative review and the new shipper review is December 1, 2015, 
through November 30, 2016. As discussed below, the Department is 
preliminarily rescinding the new shipper with respect to Jiangsu 
Runchen Agricultural/Sideline Foodstuff Co., Ltd. (Jiangsu Runchen) and 
has preliminarily found that Shanghai Sunbeauty Trading Co., Ltd. 
(Sunbeauty) is not eligible to receive a separate rate.

DATES: Effective July 7, 2017.

FOR FURTHER INFORMATION CONTACT: 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) 482-1491.

SUPPLEMENTARY INFORMATION: 

Background

    On December 1, 2016, the Department published a notice of 
opportunity to request an AR of the antidumping duty order on honey 
from the PRC for the POR.\1\ On December 28, 2016, Sunbeauty requested 
that the Department conduct an administrative review of the sales of 
subject merchandise exported by Sunbeauty during the POR.\2\ On January 
3, 2017, the American Honey Producers Association and Sioux Honey 
Producers Association (collectively, the petitioners) requested that 
the Department conduct an administrative review.\3\ On February 13, 
2017, based on the timely requests for administrative review, the 
Department initiated an administrative review of two exporters/
producers, Shayang Xianghe and Sunbeauty.\4\ On February 28, 2017, the

[[Page 31558]]

petitioners withdrew their request for Shayang Xianghe.\5\ As a result, 
the Department rescinded the review with respect to Shayang Xianghe.\6\
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 81 FR 86694 (December 1, 2016).
    \2\ See Letter to the Secretary from Sunbeauty re: Request for 
Administrative Review; 2015-2016, dated December 28, 2016.
    \3\ See Letter to the Secretary from Petitioners re: Request for 
Administrative Review; 2015-2016, dated January 3, 2017.
    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 82 FR 10457, 10460 (February 13, 2017) (AR 
Initiation Notice); see also Letter to the Secretary from 
Petitioners re: Petitioners' Withdrawal of Request for 
Administrative Review of Jiangsu Runchen Agricultural/Sideline 
Foodstuff Co., Ltd., dated January 26, 2017.
    \5\ See Letter to the Secretary from Petitioners, re: 
Petitioners' Withdrawal of Request for 2015/2016 Administrative 
Review, in Part, dated February 28, 2017.
    \6\ See Honey from the People's Republic of China: Notice of 
Partial Rescission of Antidumping Duty Administrative Review; 2015-
2016, 82 FR 14503 (March 21, 2017).
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    On February 3, 2017, in response to a request from Jiangsu Runchen, 
the Department published notice of initiation of a new shipper review 
of honey for the period December 1, 2015, to November 30, 2016.\7\ On 
February 15, 2017, the Department aligned the new shipper review of 
honey from the PRC with the concurrent administrative review of honey 
from the PRC.\8\
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    \7\ See Honey from the People's Republic of China: Initiation of 
Antidumping Duty New Shipper Review; 2015-2016, 82 FR 9192 (February 
3, 2017) (NSR Initiation Notice); see also Letter to the Secretary 
from Jiangsu Runchen re: Request for New-Shipper Review, dated 
December 23, 2017.
    \8\ See Memorandum regarding: Alignment of the New Shipper 
Review of Jiangsu Runchen, dated February 15, 2017.
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    The Department sent the new shipper review antidumping duty 
questionnaire to Jiangsu Runchen on February 3, 2017.\9\ The Department 
issued the administrative review antidumping duty questionnaire to 
Sunbeauty on February 13, 2017.\10\
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    \9\ See Department Letter re: Antidumping Duty New Shipper 
Review Questionnaire, dated February 3, 2017.
    \10\ See Department Letter re: Antidumping Duty Administrative 
Review Questionnaire, dated February 13, 2017.
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Scope of the Order

    The products covered by the 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 the order is currently classifiable 
under subheadings 0409.00.00, 1702.90.90, 2106.90.99, 0409.00.0010, 
0409.00.0035, 0409.00.0005, 0409.00.0045, 0409.00.0056, and 
0409.00.0065 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 the order is dispositive.
    Also, included in the scope are blends of honey and rice syrup, 
regardless of the percentage of honey contained in the blend.
    Scope Rulings made between July 1, 2012, and September 30, 2012; 
Requestor: The American Honey Producers Association and the Sioux Honey 
Association; blends of honey and rice syrup, regardless of the 
percentage of honey they contain, are later-developed merchandise that 
are within the scope of the antidumping duty order; August 21, 2012.

Methodology

    The Department is conducting these reviews in accordance with 
sections 751(a)(1), 751(a)(2)(B)(iv), 751(a)(3), 771(i)(1) of the Act, 
and 19 CFR 351.213 and 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 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 New Shipper Review

    For the reasons detailed in the Preliminary Decision Memorandum, 
the Department preliminarily finds that we cannot determine whether 
Jiangsu Runchen made bona fide sale(s) to the United States. 
Consequently, the Department is preliminarily rescinding the new 
shipper review of Jiangsu Runchen for the period December 1, 2015, 
through November 30, 2016.

Preliminary Results of Administrative Review

    In making our findings, because Sunbeauty was unable to provide 
evidence of a suspended entry of subject merchandise into the United 
States during the POR and is, thus, ineligible to receive a separate 
rate, we are preliminarily treating Sunbeauty as part of the PRC-wide 
entity. For a full description of the methodology underlying our 
preliminary conclusions, see the Preliminary Decision Memorandum.
    We preliminarily determine that the following antidumping duty 
margin exists:

------------------------------------------------------------------------
                                                              Margin
                  Manufacturer/exporter                    (dollars per
                                                             kilogram)
------------------------------------------------------------------------
PRC-wide entity (including Shanghai Sunbeauty Trading               2.63
 Co., Ltd.).............................................
------------------------------------------------------------------------

Public Comment

    Interested parties may submit written comments by no later than 30 
days after the date of publication of this preliminary rescission of 
the new shipper review and these preliminary results of the 
administrative review.\11\ Rebuttals, limited to issues raised in the 
written comments, may be filed by no later than five days after the 
written comments are due.\12\
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    \11\ See 19 CFR 351.309(c).
    \12\ See 19 CFR 351.309(d).
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    Any interested party may request a hearing within 30 days of 
publication of this notice.\13\ 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.\14\
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    \13\ See 19 CFR 351.310(c).
    \14\ See 19 CFR 351.310(d).
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    The Department intends to issue the final results of these reviews, 
which will include the results of its analysis of issues raised in any 
such comments, within 120 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 of this new shipper review, 
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, Jiangsu Runchen's entries will be assessed 
at the rate entered.\15\ 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

[[Page 31559]]

by this review if any importer-specific assessment rate calculated in 
the final results of this review is above de minimis.\16\ The 
Department intends to issue assessment instructions to CBP 15 days 
after the publication of the final results of this new shipper review.
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    \15\ See 19 CFR 351.106(c)(2).
    \16\ Id.
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    Upon issuance of the final results of this administrative review, 
the Department will determine, and CBP shall assess antidumping duties 
on all appropriate entries. We will instruct CBP to liquidate entries 
containing merchandise from the PRC-wide entity at the PRC-wide rate we 
determine in the final results of the review. If we do not continue to 
treat Sunbeauty as part of the PRC-wide entity, 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.\17\ 
The Department intends to issue assessment instructions to CBP 15 days 
after the publication of the final results or rescission of this new 
shipper review and the final results of this administrative review.
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    \17\ Id.
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) For the exporters 
listed above, the cash deposit rate will be the rate established in the 
final results of this review (except, if the rate is zero or de 
minimis, i.e., less than 0.5 percent, no cash deposit rate will be 
required for that company); (2) for previously investigated or reviewed 
PRC and non-PRC exporters not listed above that have separate rates, 
the cash deposit rate will continue to be the exporter-specific rate 
published for the most recently completed period; (3) for all PRC 
exporters of subject merchandise that have not been found to be 
entitled to a separate rate, the cash deposit rate will be the PRC-wide 
rate of $2.63 per kilogram; and, (4) for all non-PRC exporters of 
subject merchandise which have not received their own rate, the cash 
deposit rate will be the rate applicable to the PRC exporter(s) that 
supplied that non-PRC exporter. These deposit requirements, when 
imposed, shall remain in effect until further notice.

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.
    This notice also serves as a final reminder to parties subject to 
administrative protective order (APO) in this administrative review of 
their responsibility concerning the return or destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305(a)(3), which continues to govern business proprietary 
information in this segment of the proceeding. Timely written 
notification of the return or 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)(l) of the Act, and 19 
CFR 351.214 and 19 CFR 351.221(b)(4).

    Dated: June 29, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-14277 Filed 7-6-17; 8:45 am]
 BILLING CODE 3510-DS-P