Honey From the People's Republic of China: Preliminary Results and Preliminary Intent To Rescind of Antidumping Duty Administrative Review; 2017-2018

 
CONTENT
Federal Register, Volume 84 Issue 233 (Wednesday, December 4, 2019)
[Federal Register Volume 84, Number 233 (Wednesday, December 4, 2019)]
[Notices]
[Pages 66374-66375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26219]
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Notices
                                                Federal Register
________________________________________________________________________
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or proposed rules that are applicable to the public. Notices of hearings
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Federal Register / Vol. 84, No. 233 / Wednesday, December 4, 2019 /
Notices
[[Page 66374]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-863]
Honey From the People's Republic of China: Preliminary Results
and Preliminary Intent To Rescind of Antidumping Duty Administrative
Review; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that Jiangsu Runchen Agricultural/Sideline Foodstuff Co., Ltd.
(Runchen) did not make a bona fide sale of honey for the period of
review (POR) December 1, 2017 through November 30, 2018. Therefore,
Commerce preliminarily intends to rescind this administrative review.
Interested parties are invited to comment on the preliminary results of
this review.
DATES: Applicable December 4, 2019.
FOR FURTHER INFORMATION CONTACT: Jasun Moy or Kabir Archuletta, 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) 482-8194 or (202) 482-2593,
respectively.
SUPPLEMENTARY INFORMATION:
Background
    On March 14, 2019, Commerce initiated an administrative review of
the antidumping duty order on honey from the People's Republic of China
(China) in accordance with section 751(a) of the Tariff Act of 1930, as
amended (the Act), with respect to three companies: Runchen; Inner
Mongolia Komway Import & Export Co., Ltd.; and Shenzhen Long Sheng
Shang Mao Ltd.\1\ On June 24, 2019, Commerce rescinded its review of
two of these companies, leaving Runchen as the sole mandatory
respondent in this review.\2\
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    \1\ See Honey from the People's Republic of China: Continuation
of Antidumping Duty Order, 83 FR 18277 (April 2, 2018); see also
Honey from the People's Republic of China: Affirmative Final
Determination of Circumvention of the Antidumping Duty Order, 77 FR
50464 (August 21, 2012); and Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR 9297 (March 14,
2019) (Initiation Notice).
    \2\ See Honey from the People's Republic of China: Partial
Rescission of Antidumping Duty Administrative Review; 2017-2018, 84
FR 29498 (June 24, 2019).
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    In accordance with 19 CFR 351.213(h)(1), the preliminary and final
results deadlines in administrative reviews are calculated based on the
``last day of the anniversary month of the order or suspension
agreement for which the administrative review was requested,'' which in
this proceeding was December 31, 2018. Commerce exercised its
discretion to toll all deadlines affected by the partial federal
government closure from December 22, 2018 through the resumption of
operations on January 29, 2019, by 40 days.\3\ This review was
therefore initiated on March 13, 2019.\4\ As a result, the time period
allotted to Commerce for conducting this administrative review
overlapped the tolling period by 31 days. Accordingly, Commerce tolled
all deadlines by 31 days for this review.\5\ On September 19, 2019,
pursuant to section 751(a)(3)(A) of the Act, Commerce determined that
it was not practicable to complete the preliminary results of this
review within the 245 days and extended the preliminary results by 61
days.\6\ The revised deadline for the preliminary results in this
review is now December 3, 2019.
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    \3\ See Memorandum, ``Deadlines Affected by the Partial Shutdown
of the Federal Government,'' dated January 28, 2019. All deadlines
in this segment of the proceeding have been extended by 31 days.
    \4\ See Initiation Notice.
    \5\ See Memorandum, ``December Order Deadlines Affected by the
Partial Shutdown of the Federal Government,'' dated August 7, 2019.
    \6\ See Memorandum, ``Honey from the People's Republic of China:
Extension of Deadline for Preliminary Results of Antidumping Duty
Administrative Review,'' dated September 19, 2019.
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Scope of the Order
    The merchandise subject to this 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. For a full description of the
scope, see the Preliminary Decision Memorandum.\7\
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    \7\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review of Honey from
the People's Republic of China; 2017-2018,'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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China-Wide Entity
    Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\8\ Under this policy, the
China-wide entity will not be under review unless a party specifically
requests, or Commerce self-initiates, a review of the entity. Because
no party requested a review of the China-wide entity in this review,
the entity is not under review and the entity's rate (i.e., $2.63 per
kilogram) is not subject to change.\9\
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    \8\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
    \9\ See Honey from the People's Republic of China: Final Results
of Antidumping Duty Administrative Review; 2012-2013, 80 FR 27633-34
(May 14, 2015).
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Methodology
    Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Act. For a full description of the methodology
underlying our conclusions, see the Preliminary Decision Memorandum. A
list of the topics included in the Preliminary Decision Memorandum is
included as an appendix to this notice. The Preliminary Decision
Memorandum is a public document and is made available to the public via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov, and it is available to
all parties in the Central Records Unit, room B8024 of the main
Commerce building. The signed and electronic versions of the
Preliminary Decision Memorandum are identical in content.
[[Page 66375]]
Preliminary Rescission of the Administrative Review
    As discussed in the Preliminary Decision Memorandum and as
expounded upon in the Bona Fide Memorandum, Commerce preliminarily
finds that the sale made by Runchen serving as the basis for this
review is not a bona fide sale of honey.\10\ Commerce reached this
conclusion based on the totality of the record information surrounding
Runchen's reported sale, including, but not limited to, the sales price
and quantity, the profitability of the resold subject merchandise, the
late payments, the limited number of sales (i.e., one sale), and the
importer/exporter experience and likelihood of future sales.
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    \10\ See Memorandum, ``Preliminary Bona Fide Sales Analysis,''
dated concurrently with this notice (Bona Fide Memorandum).
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    Because the non-bona fide sale was the only reported sale of
subject merchandise during the POR, we find that Runchen had no
reviewable transactions during this POR. Accordingly, we preliminarily
intend to rescind this administrative review.\11\ The factual
information used in our bona fides analysis of Runchen's sale involves
business proprietary information. See the Bona Fide Memorandum for a
full discussion of the basis for our preliminary findings.
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    \11\ See 19 CFR 351.213(d)(3).
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Public Comment
    Interested parties are invited to comment on the preliminary
results and may submit case briefs and/or written comments, filed
electronically using ACCESS, within 30 days of the date of publication
of this notice, pursuant to 19 CFR 351.309(c)(1)(ii). Rebuttal briefs,
limited to issues raised in the case briefs, will be due five days
after the due date for case briefs, pursuant to 19 CFR 351.309(d).
Parties who submit case or rebuttal briefs in this review are requested
to submit with each argument a statement of the issue, a summary of the
argument not to exceed five pages, and a table of statutes,
regulations, and cases cited, in accordance with 19 CFR 351.309(c)(2).
    Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit
case briefs or rebuttal briefs in this proceeding are encouraged to
submit with each argument: (1) A statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities.
    Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCES. An electronically filed document must be received successfully
in its entirety by 5:00 p.m. Eastern Time within 30 days after the date
of publication of this notice. Requests should contain: (1) The party's
name, address and telephone number; (2) the number of participants; (3)
whether any participant is a foreign national; and (4) a list of issues
parties intend to discuss. Issues raised in the hearing will be limited
to those raised in the respective case and rebuttal briefs.\12\ If a
request for a hearing is made, Commerce intends to hold the hearing at
the U.S. Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230, at a date and time to be determined.\13\ Parties
should confirm by telephone the date, time, and location of the hearing
two days before the scheduled date.
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    \12\ See 19 CFR 351.310(c).
    \13\ See 19 CFR 351.310(d).
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    Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, which will include the results
of its analysis of issues raised in any briefs, within 120 days of
publication of these preliminary results, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
    If Commerce proceeds to a final rescission of this administrative
review, the assessment rate to which Runchen's shipments are subject
will not be affected by this review. If Commerce does not proceed to a
final rescission of this administrative review, pursuant to 19 CFR
351.212(b)(1), we will calculate importer-specific (or customer-
specific) assessment rates based on the final results of this review.
Cash Deposit Requirements
    If Commerce proceeds to a final rescission of this administrative
review, Runchen's cash deposit rate will continue to be the China-wide
rate of $2.63 per kilogram. If Commerce issues final results for this
administrative review, Commerce will instruct U.S. Customs and Border
Protection to collect cash deposits, effective upon the publication of
the final results, at the rates established therein.
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 POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the assessment of doubled
antidumping duties.
Notification to Interested Parties
    This administrative review and notice are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.221(b)(4).
    Dated: November 29, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation
[FR Doc. 2019-26219 Filed 12-3-19; 8:45 am]
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