[Federal Register Volume 74, Number 5 (Thursday, January 8, 2009)]
[Notices]
[Pages 796-797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-66]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-863]


Honey From the People's Republic of China: Final Results and 
Partial Rescission of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On November 7, 2008, the Department of Commerce 
(``Department'') published the preliminary results of its 
administrative review of the antidumping duty order on honey from the 
People's Republic of China (``PRC''), covering the period of December 
1, 2006, through November 30, 2007. See Sixth Administrative Review of 
Honey From the People's Republic of China: Preliminary Results and 
Partial Rescission of Antidumping Duty Administrative Review, 73 FR 
66221 (November 7, 2008) (``Preliminary Results''). The Department 
received no comments on its Preliminary Results.

DATES: Effective Date: January 8, 2009.

FOR FURTHER INFORMATION CONTACT: Paul Walker or Scot Fullerton, AD/CVD 
Operations, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-0413 or (202) 482-1386, 
respectively.

[[Page 797]]

Case History

    After issuing the Preliminary Results on November 7, 2008, the 
Department provided Anhui Native Produce Import & Export Corporation 
(``Anhui Native''), the only participating respondent in this review, 
an opportunity to correct certain deficiencies in its section C 
database. See the Department's letter dated November 17, 2008. 
Specifically, as noted in the Preliminary Results, Anhui Native 
reported antidumping duties rather than Customs duties in its section C 
database. See Preliminary Results. On November 21, 2008, Anhui Native 
submitted a revised section C database. See Anhui Native's November 21, 
2008 submission at Exhibit 1.
    Additionally, the Department invited interested parties to comment 
on the Preliminary Results. No interested party, including Anhui 
Native, submitted a case brief or comments, or requested a hearing. 
Therefore, the Department made only one change from the Preliminary 
Results, incorporating Anhui Native's revised section C database in the 
dumping margin calculation for these final results.

Scope of 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 and 2106.90.99 of the HTSUS. 
Although the HTSUS subheadings are provided for convenience and customs 
purposes, the Department's written description of the merchandise under 
order is dispositive.

Final Partial Rescission

    In the Preliminary Results, the Department preliminarily rescinded 
this review with respect to the following companies: Dongtai Peak Honey 
Industry Co., Ltd. (``Dongtai Peak'') and Wuhu Qinshi Tangye Co., Ltd. 
(``Tangye''). We received no comments or information to change our 
preliminary rescission. Therefore, we are rescinding this 
administrative review with respect to Dongtai Peak and Tangye.

Final Results of the Review

    The Department finds that the following margins exist for the 
following exporters under review for the period December 1, 2006, 
through November 30, 2007:

                            Honey From the PRC
------------------------------------------------------------------------
                                                           Margin (per
                 Manufacturer/exporter                      kilogram)
------------------------------------------------------------------------
Anhui Native..........................................             $2.63
PRC-wide Entity\1\....................................             $2.63
------------------------------------------------------------------------
\1\ The PRC-wide entity includes Alfred L. Wolff (Beijing) Co., Ltd.,
  Cheng Du Wai Yuan Bee Products Co., Ltd., Haoliluck Co., Ltd., Hubei
  Yusun Co., Ltd., Inner Mongolia Youth Trade Development Co., Ltd.,
  Mgl. Yung Sheng Honey Co., Ltd. (also DBA Fresh Honey Co., Ltd.),
  Nefelon Limited Company and Qinhuangdao Municipal Dafeng Industrial
  Co., Ltd.

Assessment of Antidumping Duties

     The Department will determine, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries pursuant to section 751(a)(1)(B) of the Tariff Act 
of 1930, as amended (``Act''), and 19 CFR 351.212(b). The Department 
intends to issue appropriate assessment instructions directly to CBP 15 
days after the date of publication of the final results of this review.
    Consistent with the Fifth AR Final Results, we will direct CBP to 
assess importer-specific assessment rates based on the resulting per-
unit (i.e., per kilogram) amount on each entry of the subject 
merchandise during the period of review. See Honey from the People's 
Republic of China: Final Results and Rescission, In Part, of Aligned 
Antidumping Duty Administrative Review and New Shipper Review, 73 FR 
42321 (July 21, 2008) (``Fifth AR Final Results''). For assessment 
purposes, we calculated importer-specific assessment rates for honey 
from the PRC. Specifically, we divided the total duties for each 
importer by the total quantity of subject merchandise sold to that 
importer during the period of review (``POR'') to calculate a per-unit 
assessment amount. We will direct CBP to assess importer-specific 
assessment rates based on the resulting per-unit (i.e., per kilogram) 
amount on each entry of the subject merchandise during the POR if any 
importer-specific assessment rate calculated in the final results of 
this review is above de minimis.

Cash Deposit Requirements

    The following cash-deposit requirements will be effective upon 
publication of the final results for shipments of the subject 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after the publication date of the final results, as provided by section 
751(a)(2)(C) of the Act: (1) For subject merchandise exported by Anhui 
Native the cash deposit rate will be $2.63 per kilogram; (2) for all 
other PRC exporters of subject merchandise which have not been found to 
be entitled to a separate rate and, thus, are a part of the PRC-wide 
entity, the cash-deposit rate will be the PRC-wide rate of $2.63 per-
kilogram; (3) for previously investigated or reviewed PRC and non-PRC 
exporters not listed above that have a separate rate, the cash deposit 
rate will continue to be the exporter-specific rate published for the 
most recent period; (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 that supplied that 
non-PRC exporter. These deposit requirements, when imposed, shall 
remain in effect until further notice.

Notification to Importers

    This notice serves as a final 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 Secretary'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 
the administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under the APO in accordance with 19 CFR 351.305. 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 the terms of an APO is a sanctionable 
violation.
    This administrative review and notice is in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: December 30, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E9-66 Filed 1-7-09; 8:45 am]
BILLING CODE 3510-DS-P