[Federal Register Volume 81, Number 22 (Wednesday, February 3, 2016)]
[Notices]
[Pages 5710-5711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02004]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-863]


Honey From the People's Republic of China: Initiation of 
Antidumping Duty New Shipper Review; 2014-2015

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

ACTION: Notice.

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SUMMARY: The Department of Commerce (``the Department'') is initiating 
a new shipper review (``NSR'') of the antidumping duty (``AD'') order 
on honey from the People's Republic of China (``PRC'') with respect to 
Shanghai Sunbeauty Trading Co., Ltd. (``Shanghai Sunbeauty''). The 
period of review (``POR'') for this NSR is December 01, 2014, through 
November 30, 2015.

DATES: Effective Date: February 3, 2016.

FOR FURTHER INFORMATION CONTACT: Jessica Weeks, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: 202-482-4877.

SUPPLEMENTARY INFORMATION:

Background

    The AD order on honey was published in the Federal Register on 
December 10, 2001.\1\ On December 17, 2015, pursuant to section 
751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (``the Act''), 
and 19 CFR 351.214(b), the Department received a NSR request from 
Shanghai Sunbeauty.\2\ Shanghai Sunbeauty certified that it is the 
exporter of the subject merchandise upon which the request is based and 
that its affiliate, Xiping Haina Trade Co., Ltd., is the producer of 
the subject merchandise.\3\
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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) (``Order'').
    \2\ See Letter from Shanghai Sunbeauty, ``Honey from the 
People's Republic of China: Request for New Shipper Review,'' dated 
December 17, 2015 (``NSR Request'').
    \3\ Id., at 1-2 and Exhibit 1.
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    Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 
351.214(b)(2)(ii), Shanghai Sunbeauty certified that it did not export 
subject merchandise to the United States during the period of 
investigation (``POI'').\4\ Further, Xiping Haina Trade Co., Ltd. 
certified that it is the producer of the subject merchandise upon which 
the request is based. In

[[Page 5711]]

addition, pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 
351.214(b)(2)(iii)(A), Shanghai Sunbeauty certified that, since the 
initiation of the investigation, it has never been affiliated with any 
PRC exporter or producer who exported subject merchandise to the United 
States during the POI, including those respondents not individually 
examined during the investigation.\5\ As required by 19 CFR 
351.214(b)(2)(iii)(B), Shanghai Sunbeauty also certified that its 
export activities were not controlled by the government of the PRC.\6\
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    \4\ Id.
    \5\ Id.
    \6\ Id.
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    In addition to the certifications described above, pursuant to 19 
CFR 351.214(b)(2)(iv), Shanghai Sunbeauty submitted documentation 
establishing the following: (1) The date on which it first shipped 
subject merchandise for export to the United States; (2) the volume of 
its first shipment and subsequent shipments; and (3) the date of its 
first sale to an unaffiliated customer in the United States.\7\
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    \7\ Id., at 4 and Exhibit 2.
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    Finally, the Department conducted a U.S. Customs and Border 
Protection (``CBP'') database query and confirmed the price and 
quantity reported by Shanghai Sunbeauty.\8\
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    \8\ See Memorandum to the File from Catherine Bertrand, Program 
Manager, AD/CVD Operations, Office V regarding ``U.S. Customs and 
Border Protection Query Results for Shanghai Sunbeauty Co., Ltd.'' 
dated concurrently with this notice.
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Initiation of New Shipper Review

    Pursuant to section 751(a)(2)(B) of the Act, 19 CFR 351.214(b), and 
19 CFR 351.214(d)(1), and based on the evidence provided by Shanghai 
Sunbeauty, we find that its request meets the threshold requirements 
for initiation of the NSR for shipments of honey from the PRC produced 
by Xiping Haina Trade Co., Ltd. and exported by Shanghai Sunbeauty.\9\ 
The POR is December 01, 2014, through November 30, 2015.\10\ If the 
information supplied by Shanghai Sunbeauty is found to be incorrect or 
insufficient during the course of this proceeding, the Department may 
rescind the review for Shanghai Sunbeauty or apply facts available 
pursuant to section 776 of the Act, depending on the facts on the 
record.
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    \9\ See Memorandum to the File, from Jessica Weeks, 
International Trade Compliance Analyst, ``Honey from the People's 
Republic of China: New Shipper Initiation Checklist,'' dated 
concurrently with this notice.
    \10\ See 19 CFR 351.214(g)(1)(ii)(B).
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    Absent a determination that the new shipper review is 
extraordinarily complicated, the Department intends to issue the 
preliminary results of this NSR within 180 days from the date of 
initiation and the final results within 90 days after the date on which 
the preliminary results are issued.\11\
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    \11\ See section 751(a)(2)(B)(iv) of the Act and 19 CFR 
351.214(i).
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    It is the Department's usual practice, in cases involving non-
market economies (``NMEs''), to require that a company seeking to 
establish eligibility for an antidumping duty rate separate from the 
NME entity-wide rate provide evidence of de jure and de facto absence 
of government control over the company's export activities. 
Accordingly, we will issue questionnaires to Shanghai Sunbeauty that 
will include a section requesting information concerning its 
eligibility for a separate rate. The NSR will proceed if the responses 
provide sufficient indication that Shanghai Sunbeauty is not subject to 
either de jure or de facto government control with respect to its 
exports of subject merchandise.
    We will instruct CBP to allow, at the option of the importer, the 
posting, until the completion of this review, of a bond or security in 
lieu of a cash deposit for each entry of the subject merchandise from 
the requesting companies in accordance with section 751(a)(2)(B)(iii) 
of the Act and 19 CFR 351.214(e). Because Shanghai Sunbeauty certified 
that its affiliate Xiping Haina Trade Co., Ltd. produced the subject 
merchandise which Shanghai Sunbeauty exported, the sales of which are 
the basis for the NSR request, we will instruct CBP to permit the use 
of a bond only for subject merchandise which Xiping Haina Trade Co., 
Ltd produced and Shanghai Sunbeauty exported.
    Interested parties requiring access to proprietary information in 
this NSR should submit applications for disclosure under administrative 
protective order, in accordance with 19 CFR 351.305 and 19 CFR 351.306.
    This initiation and notice are in accordance with section 
751(a)(2)(B) of the Act, 19 CFR 351.214, and 19 CFR 351.221(c)(1)(i).

    Dated: January 27, 2016.
Gary Taverman,
Associate Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2016-02004 Filed 2-2-16; 8:45 am]
 BILLING CODE 3510-DS-P