[Federal Register Volume 73, Number 183 (Friday, September 19, 2008)]
[Notices]
[Pages 54366-54367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21979]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-863]


Honey From the People's Republic of China: Notice of Amended 
Final Results Pursuant to Final Court Decision

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On May 29, 2008, the Court of International Trade (``CIT'') 
affirmed the Department's remand determination and entered judgment in 
Wuhan Bee Healthy Co., Ltd., and Presstek Inc., v.

[[Page 54367]]

United States, Court No. 05-00438, Slip Op. 08-61 (Ct. Int'l Trade) 
(May 29, 2008) (``Wuhan v. U.S.''), which challenged certain aspects of 
the Department of Commerce's (``the Department'') findings in Honey 
from the People's Republic of China: Final Results and Final 
Rescission, In Part, of Antidumping Duty Administrative Review, 70 FR 
38873 (July 6, 2005) (``Final Results'') and the accompanying Issues 
and Decision Memorandum. As explained below, in accordance with the 
order contained in the CIT's May 29, 2008, Wuhan v. U.S., the 
Department is amending the Final Results of the review to apply the 
recalculated surrogate value for labor in the Department's normal value 
calculation.

EFFECTIVE DATE: September 19, 2008.

FOR FURTHER INFORMATION CONTACT: Bobby Wong or Scot T. Fullerton, AD/
CVD Operations, Office 9, Import Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue NW, Room 4003, 
Washington, DC 20230; telephone: (202) 482-0409 or (202) 482-1386, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 27, 2005, the Department completed its Final Results of the 
second administrative review of honey from the People's Republic of 
China (``PRC''). On July 20, 2007, the CIT issued its order remanding 
the case to the Department, requesting that the Department explain its 
decisions, (1) to include data from high-wage countries in its non-
market economy (``NME'') wage rate calculation, and (2) to exclude from 
that calculation data from twenty-two low-wage countries placed on the 
record by plaintiffs. See Wuhan Bee Healthy Co., Ltd. v. United States, 
2007 Ct. Int'l. Trade, LEXIS 115, Slip Op. 07-113 (``Wuhan Remand''). 
Additionally, the Department requested a voluntary remand to 
recalculate the PRC wage rate using the data set out in its remand 
request. The CIT also directed the Department to reopen the record to 
provide parties an opportunity to submit comments regarding the 
Department's application of ad valorem versus per unit assessment 
rates. See Wuhan Remand, 2007 Ct. Int'l Trade, LEXIS 115, Slip Op. 07-
113 at *63.
    On August 3, 2007, the Department reopened the administrative 
record to allow parties an opportunity to comment on the Department's 
proposed change in methodology from an ad valorem to a per-unit duty 
assessment. Petitioners filed comments in support of the Department's 
proposed change. Respondents did not provide comments. On September 7, 
2007, the Department released its draft remand results to interested 
parties for comments. Again, respondents did not provide comments.
    On October 16, 2007, the Department submitted the final Remand 
Results to the CIT. On May 29, 2008, the CIT issued its ruling and 
sustained the Department's remand results. See Wuhan v. U.S., Court No. 
05-00438, Slip Op. 08-61, at 2. The CIT found that the Department 
provided a reasonable explanation and conducted a reasonable analysis, 
concerning the inclusion and exclusion of specific countries in the 
regression analysis, sufficient to address the court's concerns. 
Furthermore, the CIT found that, with respect to the voluntary remand, 
the Department explained its methodology reasonably, and thus sustained 
the Department's recalculation of the surrogate labor rate. No appeals 
were filed with the United States Court of Appeals for the Federal 
Circuit (``CAFC'').

Amendment to the Final Determination

    Because there is now a final and conclusive court decision, 
effective as of the publication date of this notice, we are amending 
the Final Results and revising the weighted average dumping margins for 
Wuhan Bee Healthy Co., Ltd. (``Wuhan Bee''):

                           Honey From the PRC
------------------------------------------------------------------------
                                                       Weighted-Average
                Manufacturer/Exporter                  Margin  (Percent)
------------------------------------------------------------------------
Wuhan Bee...........................................              101.48
------------------------------------------------------------------------

    We have calculated Wuhan Bee's company-specific antidumping margin 
as 101.48 percent. See the Memorandum to the File from Bobby Wong, 
``Analysis Memorandum for the Draft Results of the Redetermination of 
the Wage Rate Remand for Antidumping Duty Administrative Review of 
Honey from the People's Republic of China for Wuhan Bee Healthy Co., 
Ltd.,'' dated September 6, 2007 (``Draft Results Analysis Memo''). 
There have been no changes to this analysis for these amended final 
results. In accordance with the Department's practice of applying 
importer-specific assessment rates, we will instruct United States 
Customs and Border Protection (``CBP'') to apply the importer-specific 
assessment rate for Wuhan Bee's exports to the United States. See Draft 
Results Analysis Memo at Attachment 2. The Department intends to issue 
appropriate assessment instructions directly to CBP 15 days after the 
publication of the final results of this review.
    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended.

    Dated: September 8, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-21979 Filed 9-18-08; 8:45 am]
BILLING CODE 3510-DS-S