[Federal Register Volume 60, Number 158 (Wednesday, August 16, 1995)]
[Notices]
[Pages 42521-42527]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20297]
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DEPARTMENT OF COMMERCE
[A-570-838]
Honey From the People's Republic of China; Suspension of
Investigation
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of suspension of investigation; honey from the People's
Republic of China.
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SUMMARY: The Department of Commerce (the Department) has suspended the
antidumping investigation on honey from the People's Republic of China
(PRC). The basis for the suspension is an agreement by the Government
of the
[[Page 42522]]
PRC to restrict the volume of direct or indirect exports to the United
States of honey products from all PRC producers/exporters, thus,
preventing the suppression or undercutting of price levels of domestic
products by imports of the merchandise under investigation.
EFFECTIVE DATE: August 16, 1995.
FOR FURTHER INFORMATION CONTACT: James Doyle or Lisa Yarbrough, Office
of Agreements Compliance, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3793.
SUPPLEMENTARY INFORMATION:
Case History
On October 24, 1994, the Department initiated an antidumping duty
investigation on honey from the PRC based on a petition filed by
members of the American Beekeeping Federation and the American Honey
Producers Association (59 FR 54434, October 31, 1994) (petitioners).
The International Trade Commission issued an affirmative preliminary
injury determination on November 25, 1994 (59 FR 60655). On March 20,
1995, the Department preliminarily determined that imports of honey
from the PRC are being sold at less than fair value in the United
States (60 FR 14725).
On March 16, 1995, the China Chamber of Commerce for Foodstuffs,
Native Produce and Animal By-Products Importers and Exporters, (the
Chamber) and 28 respondent exporters (the respondents), listed in the
``Continuation of Suspension of Liquidation'' section of this notice,
requested that the Department postpone the final determination. On
March 30, 1995, we did so (60 FR 17514, April 6, 1995).
On March 22, 1995, respondents filed two ministerial error
allegations regarding the preliminary determination and the valuation
of raw honey and steel drums. The Department rejected these allegations
(See Memorandum from The Team, Office of Antidumping Investigations, to
Barbara R. Stafford, Deputy Assistant Secretary for Investigations,
dated April 14, 1995).
On April 27, 1995, petitioners alleged that critical circumstances
exist with respect to imports of honey from the PRC. Accordingly, the
Department, on May 3, 1995, requested that respondents provide monthly
volume and value shipment data for exports of honey to the United
States. They did so on May 15, 1995. On May 30, 1995, the Department
issued its preliminary critical circumstances determination (60 FR
29824, June 6, 1995).
In June 1995, we conducted verifications at the Ministry of Foreign
Trade and Economic Cooperation (MOFTEC), the Chamber, Kunshan Xinlong
Foods, Ltd. (Kunshan Xinlong), Jiangsu Native Produce Import and Export
(Jiangsu Native) and its supplier Jiangsu Sweet, Jiangxi Native Produce
Import and Export (Jiangxi Native), and its suppliers Jiangxi Ao Shan
Duo Qi Beverage Factory (Ao Shan) and Qinghai Provincial Bee Products
(Qinghai Bee), and Zhejiang Native Produce & Animal By-product Import
and Export (Zhejiang Native) and its supplier Hangzhou Lewei Food
Factory (Hangzhou Lewei). Verification reports were issued in June
1995.
On July 3, 1995, the Assistant Secretary for Import Administration
and representatives of the Chinese government initialed a proposed
suspension agreement.
Case briefs were filed by petitioners, respondents, and the
National Honey Packers and Dealers Association (the NHPDA) on July 3,
1995. Rebuttal briefs were submitted by each of these parties on July
7, 1995. A public hearing was held on July 11, 1995.
Comments regarding the proposed suspension agreement were filed by
petitioners, respondents, and the NHPDA on July 3, 1995. Petitioners
filed rebuttal comments on July 26, 1995.
Scope of the Agreement
The products covered by this investigation are natural honey,
artificial honey containing more than 50 percent natural honey by
weight, and preparations of natural honey containing more than 50
percent natural honey by weight. The subject products include 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 subject merchandise is currently classifiable under subheadings
0409.00.00, 1702.90.50, 2106.90.61, and 2106.90.69 of the Harmonized
Tariff Schedule of the United States (HTSUS).
Period of Investigation
The period of investigation (POI) is May 1, 1994, through October
31, 1994.
Suspension of Investigation
The Department consulted with the parties to the proceeding and has
considered the comments submitted with respect to the proposed
suspension agreement. The signed suspension agreement reflects the
decisions of the Department with respect to many of the issues parties
raised in their comments on the proposed agreement.
We have determined that the agreement will prevent the suppression
or undercutting of price levels of honey in the United States, that the
agreement can be monitored effectively, and that the agreement is in
the public interest. We find, therefore, that the criteria for
suspension of an investigation pursuant to Section 734(l) of the Tariff
Act of 1930, as amended (the ``Act''), have been met. The terms and
conditions of the agreement, signed August 2, 1995, are set forth in
Annex 1 to this notice.
Pursuant to Section 734(f)(2)(A) of the Act, effective (date of
publication of Federal Register notice), the suspension of liquidation
of all entries entered or withdrawn from warehouse, for consumption of
honey from the PRC, as directed in our notice of ``Preliminary
Determination of Sales at Less Than Fair Value: Honey from the People's
Republic of China'' is hereby terminated. Any cash deposits on entries
of honey from the PRC pursuant to that suspension of liquidation shall
be refunded and any bonds shall be released.
Notwithstanding the suspension agreement, the Department will
continue the investigation if we receive such a request in accordance
with Section 734(g) of the Act within 20 days after the date of
publication of this notice. This notice is published pursuant to
Section 734(f)(1)(A) of the Act.
Dated: August 7, 1995.
Susan G. Esserman,
Assistant Secretary for Import Administration.
Annex 1: Agreement Suspending the Antidumping Investigation on Honey
From the People's Republic of China
For the purpose of encouraging free and fair trade in honey,
establishing more normal market relations, and preventing the
suppression or undercutting of price levels of the domestic product,
the United States Department of Commerce (``the Department'') and the
Government of the People's Republic of China (``PRC'') enter into this
suspension agreement (``the Agreement'').
Pursuant to this Agreement, the Government of the PRC will restrict
the volume of direct or indirect exports to the United States of honey
products from all PRC producers/exporters, subject to the terms and
provisions set forth below.
On the basis of this Agreement, pursuant to the provisions of
Section 734(l) of the Tariff Act of 1930, as
[[Page 42523]]
amended (the ``Act'') (19 U.S.C. 1673c(l)), the Department shall
suspend its antidumping investigation with respect to honey produced in
the PRC, subject to the terms and provisions set forth below. Further,
the Department will instruct the U.S. Customs Service to terminate the
suspension of liquidation of, and release any cash deposit or bond
posted on, the products covered by this Agreement as of the effective
date of this Agreement.
I. Definitions
For purposes of this Agreement, the following definitions apply:
A. ``Date of Export'' for imports of subject merchandise into the
United States shall be considered the date the Quota Certificate was
issued.
B. ``Parties to the Proceeding'' means any interested party, within
the meaning of Section 353.2(k) of the Department's Regulations, which
actively participates through written submissions of factual
information or written argument.
C. ``Indirect Exports'' means arrangements as defined in Section
III.E of this Agreement and exports from the PRC through one or more
third countries, whether or not such exports are sold in one or more
third countries prior to importation into the United States.
D. For purposes of this Agreement, ``United States'' shall comprise
the customs territory of the United States of America (the 50 States,
the District of Columbia and Puerto Rico) and foreign trade zones
located in the territory of the United States of America.
E. ``For consumption'' means material sold in retail form, or in
bulk form to end-users. The material shall not be resold except as a
result of force majeure.
F. ``End-user'' means an entity, such as a retailer or an
industrial purchaser (e.g., a baker or manufacturer), which consumes
subject merchandise.
G. ``Quota Certificate'' is the document which serves as both a
quota certificate and a certificate of origin. A Quota Certificate must
accompany all shipments of subject merchandise from the PRC to the
United States, and must contain all of the information enumerated in
the Appendix (U.S. sales), except Date of Entry information and Final
Destination.
H. ``Relevant Period'' for the export limits of this Agreement
means the period August 1 through July 31.
II. Product Coverage
The products covered by this Agreement (``subject merchandise'')
are natural honey, artificial honey containing more than 50 percent
natural honey by weight, and preparations of natural honey containing
more than 50 percent natural honey by weight. The subject products
include all grades and colors of honey whether in liquid, creamed,
comb, comb cut, or chunk form, and whether packaged for retail or in
bulk form.
The subject merchandise is currently classifiable under subheadings
0409.00.00, 1702.90.50, 2106.90.61, and 2106.90.69 of the Harmonized
Tariff Schedule of the United States (``HTSUS''). Although the HTSUS
subheading is provided for convenience and customs purposes, our
written description of the scope is dispositive.
III. Export Limits
A. The export limits for subject merchandise in each Relevant
Period shall be 43,925,000 pounds plus or minus a maximum of six
percent per year of quota based upon the U.S. honey market growth in
each Relevant Period. The export limits for each Relevant Period shall
be allocated in semi-annual quota allocation periods. No more than 60%
of the export limits for any Relevant Period can be allocated in any
given semi-annual quota allocation period. Deductions from the export
limits shall be made based on the ``Date of Export'', as defined in
Section I.
B. On or after the effective date of this Agreement, the Government
of the PRC will restrict the volume of direct or indirect exports of
subject merchandise to the United States, and the transfer or
withdrawal from inventory of subject merchandise (consistent with the
provisions of Section III.D), in accordance with the export limits then
in effect.
C. A delivery may not be made for more than the entire amount of
quota allocated for that semi-annual quota allocation period. Any
amount delivered during a Relevant Period shall not, however, when
cumulated with all prior deliveries in such Relevant Period, exceed the
annual quota for that Relevant Period.
D. Any inventories of subject merchandise currently held in the
United States by a Chinese entity and imported into the United States
between December 20, 1994 (the date corresponding to the Department's
critical circumstances determination) and the effective date of this
Agreement will be subject to the following conditions:
1. Such inventories will not be transferred or withdrawn from
inventory for consumption in the United States without a Quota
Certificate issued by the Government of the PRC. Any such transfers or
withdrawals from inventory shall be deducted from the export limits in
effect at the time the Quota Certificate is issued.
2. A request for a Quota Certificate under this provision shall be
accompanied by a report specifying the original date of export, the
date of entry into the United States, the identity of the original
exporter and importer, the customer, a complete description of the
product (including lot numbers and other available identifying
documentation), and the quantity expressed in pounds.
3. In the event that there is a surge of sales of subject
merchandise from such inventory, the Department will decrease the
export limits to take into account such sales.
E. Any arrangement involving the exchange, sale, or delivery of
honey products from the PRC, to the degree it results in the sale or
delivery in the United States of honey products from a country other
than the PRC, is subject to the requirements of Section V and will be
counted toward the export limits. Any such transaction that does not
comply with the requirements of Section V will be deducted from the
export limits pursuant to Section VII.
F. Where subject merchandise is imported into the United States and
is subsequently re-exported, or re-packaged and re-exported, the export
limits shall be increased by the amount of pounds re-exported. Such
increase will be applicable to the Relevant Period corresponding to the
time of such re-export. Such increase will be applied only after the
Department receives, and has the opportunity to verify, evidence
demonstrating original importation, any re-packaging, and subsequent
exportation. The re-exported material must be identical to the imported
material.
G. Quota Certificates for a given Relevant Period may not be issued
after July 31, except that Quota Certificates not so issued may be
issued during the first three months of the following Relevant Period,
up to a maximum of 15 percent of the export limit for that following
Relevant Period. Such ``carried-over'' quota shall be counted against
the export limits applicable to the previous Relevant Period.
Quota Certificates for up to 15 percent of the export limits for a
subsequent Relevant Period may be issued as early as June 1 of the
preceding Relevant Period. Such ``carried-back'' quota shall be counted
against the export limits applicable to the following Relevant Period.
[[Page 42524]]
H. For the first 90 days after the effective date of this
Agreement, subject merchandise shall be admitted into the United States
with a ``Quota Certificate/Certificate of Origin (Temporary Papers).''
The volume of any such imports will be deducted from the export
limits applicable to the first Relevant Period. A full reporting of any
such imports, which must correspond to the United States sales
information detailed in the Appendix, must be submitted to the
Department no later than 30 days after the conclusion of the 90 day
period. This data must be sorted on the basis of date of export.
IV. Reference Price
A. Subject merchandise will not be sold below the reference price.
Each HTS category of material shall have its own reference price, and
all such reference prices shall be calculated in the same manner.
B. The reference price, issued quarterly by the Department, shall
be released by September 1, December 1, March 1, and June 1 of each
year and shall be effective on October 1, January 1, April 1, and July
1, respectively. The reference price for August 4 through September 30
of the first Relevant Period shall be issued and effective on August 4.
Either party is entitled to request consultations regarding the
calculation of reference prices.
C. The reference price equals the product of 92 percent and the
weighted-average of the honey unit import values from all other
countries for the most recent six months of data available at the time
the reference price is calculated. The source of the unit import values
will be publicly available United States trade statistics from the
United States Bureau of the Census.
D. The Government of the PRC will ensure that the PRC unit values
of subject imports will equal or exceed the reference price at
equivalent points in the transaction chain. The reference price will be
at a level in the transaction chain as far upstream as possible (i.e.,
F.O.B.). The Government of the PRC will ensure that contracts and all
relevant documentation will be available to the Department and will be
subject to verification.
E. Subject merchandise imported after the effective date of the
Agreement, exported from the PRC prior to August 2, 1995, and sold
pursuant to a contract in effect on or before July 3, 1995, shall not
be subject to reference price restrictions. Consistent with Section
III.H., the volume of such imports shall be deducted from the export
limits.
V. Quota Certificate
A. The Government of the PRC will restrict the volume of direct or
indirect exports of subject merchandise by means of semi-annual quota
allocations and Quota Certificates. Quota Certificates shall be issued
by the Ministry of Foreign Trade and Economic Cooperation (``MOFTEC'')
for all direct or indirect exports of subject merchandise to the United
States in accordance with the export limits in Section III and the
reference price in Section IV.
B. Thirty days following the semi-annual allocation of quota rights
for any Relevant Period, MOFTEC shall provide to the Department a
report identifying each quota recipient and the volume of quota which
each recipient has been accorded (``report of quota allocation
results'').
C. Before it issues a Quota Certificate, MOFTEC will ensure that
the Relevant Period's quota volume is not exceeded and that the price
for the subject merchandise is at or above the reference price.
D. The Government of the PRC shall take action, including the
imposition of penalties, as may be necessary to make effective the
obligations resulting from the price restrictions, export limits, and
Quota Certificates. The Government of the PRC will inform the
Department of any violations concerning the price restrictions, export
limits and/or Quota Certificates which come to its attention and the
action taken with respect thereto.
The Department will inform the Government of the PRC of violations
concerning the price restrictions, export limits, and/or Quota
Certificates which come to its attention and the action taken with
respect thereto.
E. Quota Certificates will be issued sequentially, endorsed against
the export limits for the Relevant Periods, and will reference the
report of quota allocation results for the appropriate Relevant Period.
F. Quota Certificates must be issued no earlier than one month
before the day, month, and year on which the merchandise is accepted by
a transportation company, as indicated in the bill-of-lading or a
comparable transportation document, for export. Quota Certificates must
contain an English language translation.
G. On or after the effective date of this Agreement, the United
States shall require presentation of a Quota Certificate as a condition
for entry of subject merchandise into the United States. The United
States will prohibit the entry of any subject merchandise not
accompanied by a Quota Certificate.
VI. Implementation
In order to effectively restrict the volume of exports of honey to
the United States, the Government of the PRC agrees to implement the
following procedures:
A. Establish, through MOFTEC, a quota certification program for all
exports of subject merchandise to, or destined directly or indirectly
for consumption in, the United States, no later than 90 days after the
effective date of this Agreement.
B. Ensure compliance by any official PRC institution, chamber, or
other entities authorized by the Government of the PRC, all Chinese
producers, exporters, brokers, and traders of the subject merchandise,
and their related parties, with all procedures established in order to
effectuate this Agreement.
C. Collect information from all Chinese producers, exporters,
brokers, and traders of the subject merchandise, and their related
parties, on the sale of the subject merchandise.
D. Impose strict sanctions, such as penalties or prohibition from
participation in the export limits allowed by the Agreement, in the
event that any Chinese or Chinese-related party does not comply in full
with all the terms of the Agreement.
VII. Anticircumvention
A. The Government of the PRC will take all appropriate measures
under Chinese law to prevent circumvention of this Agreement. It shall
respond promptly to conduct an inquiry into any and all allegations of
circumvention, including allegations raised by the Department, and
shall complete such inquiries in a timely manner (normally within 45
days). The Government of the PRC shall notify the Department of the
results of its inquiries within ten days of the conclusion of such
inquiries. Within 15 days of a request from the Department, the
Government of the PRC shall share with the Department all facts known
to the Government of the PRC regarding its inquiries, its analysis of
such facts and the results of such inquiries. The Government of the PRC
will require all Chinese exporters of honey to include a provision in
their contracts for sales to countries other than the United States
that the honey sold through such contracts cannot be re-exported,
transhipped or swapped to the United States, or otherwise used to
circumvent the export limits of this Agreement. The Government of the
PRC will also establish appropriate mechanisms to enforce this
requirement.
B. If, in an inquiry pursuant to paragraph A, the Government of the
[[Page 42525]]
PRC determines that a Chinese company has participated in a transaction
that resulted in circumvention of the export limits of this Agreement,
then the Government of the PRC shall impose penalties on such company
including, but not limited to, denial of access to the honey quota.
Additionally, the Government of the PRC shall deduct an amount of honey
equivalent to the amount involved in such circumvention from the
available quota and shall immediately notify the Department of the
amount deducted. If sufficient quota is not available in the current
Relevant Period, then the remaining amount necessary shall be deducted
from the subsequent Relevant Period.
C. If the Government of the PRC determines that a company from a
third country has circumvented the Agreement and the parties agree that
no Chinese entity participated in or had knowledge of such activities,
then the parties shall hold consultations for the purpose of sharing
evidence regarding such circumvention and reaching mutual agreement on
the appropriate steps to be taken to eliminate such circumvention, such
as the Government of the PRC prohibiting sales of Chinese honey to the
company responsible or reducing honey exports to the country in
question. If the parties are unable to reach mutual agreement within 45
days, then the Department may take appropriate action, such as
deducting the amount of honey involved in such circumvention from the
available quota, taking into account all relevant factors. Before
taking such action, the Department will notify the Government of the
PRC of the facts and reasons constituting the basis for the
Department's intended action and will afford the Government of the PRC
ten days in which to comment.
D. If the Department determines that a Chinese entity participated
in circumvention, the parties shall hold consultations for the purpose
of sharing evidence regarding such circumvention and reaching mutual
agreement on an appropriate resolution of the problem. If the parties
are unable to reach mutual agreement within 45 days, the Department may
take appropriate action, such as deducting the amount of honey involved
in such circumvention from the available quota. Before taking such
action, the Department will notify the Government of the PRC of the
facts and reasons constituting the basis for the Department's intended
action and will afford the Government of the PRC ten days in which to
comment.
E. The Department shall direct the U.S. Customs Service to require
all importers of honey into the United States, regardless of stated
country of origin, to submit at the time of entry a written statement
certifying that the honey being imported was not obtained under any
arrangement, swap, or other exchange which would result in the
circumvention of the export limits established by this Agreement. Where
the Department has reason to believe that such a certification has been
made falsely, the Department will refer the matter to Customs or the
Department of Justice for further action.
F. Given the fungibility of the world honey market, the Department
will take the following factors into account in distinguishing normal
honey market arrangements, swaps, or other exchanges from arrangements,
swaps, or other exchanges which would result in the circumvention of
the export limits established by this Agreement:
1. existence of any verbal or written arrangements which would result
in the circumvention of the export limits established by this
Agreement;
2. existence of any arrangement as defined in Section III.E that was
not reported to the Department pursuant to Section VIII.A;
3. existence and function of any subsidiaries or affiliates of the
parties involved;
4. existence and function of any historical and/or traditional trading
patterns among the parties involved;
5. deviations (and reasons for deviation) from the above patterns,
including physical conditions of relevant honey facilities;
6. existence of any payments unaccounted for by previous or subsequent
deliveries, or any payments to one party for merchandise delivered or
swapped by another party;
7. sequence and timing of the arrangements; and
8. any other information relevant to the transaction or circumstances.
G. ``Swaps'' include, but are not limited to:
Ownership swaps--involve the exchange of ownership of any type of
honey product(s), without physical transfer. These may include exchange
of ownership of honey products in different countries, so that the
parties obtain ownership of products located in different countries; or
exchange of ownership of honey products produced in different
countries, so that the parties obtain ownership of products of
different national origin.
Flag swaps--involve the exchange of indicia of national origin of
honey products, without any exchange of ownership.
Displacement swaps--involve the sale or delivery of any type of
honey product(s) from China to an intermediary country (or countries)
which can be shown to have resulted in the ultimate delivery or sale
into the United States of displaced honey products of any type,
regardless of the sequence of the transaction.
H. The Department will enter its determinations regarding
circumvention into the record of the Agreement.
VIII. Monitoring
The Government of the PRC will provide to the Department such
information as is necessary and appropriate to monitor the
implementation of and compliance with the terms of this Agreement. The
Department of Commerce shall provide semi-annual reports to the
Government of the PRC indicating the volume of imports of the subject
merchandise to the United States, together with such additional
information as is necessary and appropriate to monitor the
implementation of this Agreement.
A. Reporting of Data
Beginning on the effective date of this Agreement, the Government
of the PRC shall collect and provide to the Department the information
set forth, in the agreed format, in the Appendix. All such information
will be provided to the Department by April 30th of each year for
exports during the period from August 1 through January 31st. In
addition, such information will be provided to the Department by
October 31st for sales from February 1st through July 31st, or within
90 days of a request made by the Department. Such information will be
subject to the verification provision identified in Section VIII.C of
this Agreement. The Department may disregard any information submitted
after the deadlines set forth in this Section or any information which
it is unable to verify to its satisfaction.
Aggregate quantity and value of sales by HTS category to each third
country will be provided to the Department by April 30th of each year
for exports during the period from August 1st of the previous year
through January 31st. In addition, such quantity and value information
will be provided to the Department by October 31st for sales from
February 1st through July 31st.
Transaction specific data for all third country sales will also be
reported on the schedule provided above in the format provided in the
Appendix. However, if the Department concludes that the transaction
specific data is not necessary for a given period, it will
[[Page 42526]]
notify the Government of the PRC at least 90 days before the reporting
deadline that transaction specific sales data need not be reported. If
the Department determines that such data is relevant in connection with
Section VII and requests information on transactions for one or more
third countries during a period for which the Department waived
complete reporting, the Government of the PRC will provide the data
listed in the Appendix for those specific transactions within 90 days
of the request.
Both governments recognize that the effective monitoring of this
Agreement may require that the PRC provide information additional to
that which is identified above. Accordingly, the Department may
establish additional reporting requirements, as appropriate, during the
course of this Agreement.
The Department shall provide notice to the Government of the PRC of
any additional reporting requirements no later than 45 days prior to
the period covered by such reporting requirements unless a shorter
notice period is mutually agreed.
B. Other Sources for Monitoring
The Department will review publicly-available data as well as
Customs Form 7501 entry summaries and other official import data from
the Bureau of the Census, on a monthly basis, to determine whether
there have been imports that are inconsistent with the provisions of
this Agreement.
The Department will monitor Bureau of the Census IM-115
computerized records, which include the quantity and value of each
entry. Because these records do not provide other specific entry
information, such as the identity of the producer/exporter which may be
responsible for such sales, the Department may request the U.S. Customs
Service to provide such information. The Department may request other
additional documentation from the U.S. Customs Service.
The Department may also request the U.S. Customs Service to direct
ports of entry to forward an Antidumping Report of Importations for
entries of the subject merchandise during the period this Agreement is
in effect.
C. Verification
The Government of the PRC will permit full verification of all
information related to the administration of this Agreement, on an
annual basis or more frequently, as the Department deems necessary to
ensure that the PRC is in full compliance with the terms of the
Agreement. Such verifications may take place in association with
scheduled consultations whenever possible.
IX. Disclosure and Comment
A. The Department shall make available to representatives of each
party to the proceeding, under appropriately-drawn administrative
protective orders consistent with the Department's Regulations,
business proprietary information submitted to the Department semi-
annually or upon request, and in any administrative review of this
Agreement.
B. Not later than 30 days after the date of disclosure under
Section VIII.A, the parties to the proceeding may submit written
comments to the Department, not to exceed 30 pages.
C. During the anniversary month of this Agreement, each party to
the proceeding may request a hearing on issues raised during the
preceding Relevant Period. If such a hearing is requested, it will be
conducted in accordance with Section 751 of the Act (19 U.S.C. 1675)
and applicable regulations.
X. Consultations
The Government of the PRC and the Department shall hold
consultations regarding matters concerning the implementation,
operation including the calculation of reference prices, and/or
enforcement of this Agreement. Such consultations will be held each
year during the anniversary month of this Agreement. Additional
consultations may be held at any other time upon request of either the
Government of the PRC or the Department.
XI. Violations of the Agreement
A. Violation
``Violation'' means noncompliance with the terms of this Agreement
caused by an act or omission in accordance with Section 353.19 of the
Departments Regulations.
The Government of the PRC and the Department will inform the other
party of any violations of the Agreement which come to their attention
and the action taken with respect thereto.
Imports in excess of the export limits set out in this Agreement
shall not be considered a violation of this Agreement or an indication
the Agreement no longer meets the requirements of Section 734(l) of the
Act where such imports are minimal in volume, are the result of
technical shipping circumstances, and are applied against the export
limits of the following year.
Prior to making a determination of an alleged violation, the
Department will engage in emergency consultations. Such consultations
shall begin no later than 14 days from the day of request and shall
provide for full review, but in no event will exceed 30 days. After
consultations, the Department will provide the Government of the PRC 10
days within which to provide comments. The Department will make a
determination within 20 days.
B. Appropriate Action
If the Department determines that this Agreement is being or has
been violated, the Department will take such action as it determines is
appropriate under Section 734(i) of the Act and Section 353.19 of the
Department's Regulations.
XII. Duration
The export limits provided for in Section III of this Agreement
shall remain in force from the effective date of this Agreement through
August 1, 2000.
The Department will, upon receiving a proper request no later than
August 1, 1999, conduct an administrative review under Section 751 of
the Act. The Department expects to terminate this Agreement and the
underlying investigation no later than August 1, 2000, provided that
the PRC has not been found to have violated the Agreement in any
substantive manner. Such review and termination shall be conducted
consistent with Section 353.25 of the Department's Regulations.
The Government of the PRC may terminate this Agreement at any time
upon notice to the Department. Termination shall be effective 60 days
after such notice is given to the Department. Upon termination at the
request of the Government of the PRC, the provisions of Section 734(i)
of the Act shall apply.
XIII. Other Provisions
A. In entering into this Agreement, the Government of the PRC does
not admit that any sales of the merchandise subject to this Agreement
have been made at less than fair value or that such sales have
materially injured, or threatened material injury to, an industry or
industries in the United States.
B. The Department finds that this Agreement is in the public
interest; that effective monitoring of this Agreement by the United
States is practicable; and that this Agreement will prevent the
suppression or undercutting of price levels of United States domestic
honey products by imports of the merchandise subject to this Agreement.
C. The Department does not consider any of the obligations
concerning exports of honey to the United States
[[Page 42527]]
undertaken by the Government of the PRC pursuant to this Agreement
relevant to the question of whether firms in the underlying
investigation would be entitled to separate rates, should the
investigation be resumed for any reason.
D. The English language version of this Agreement shall be
controlling.
E. For all purposes hereunder, the Department and the signatory
Government shall be represented by, and all communications and notices
shall be given and addressed to:
Department of Commerce
U.S. Department of Commerce, Assistant Secretary, for Import
Administration, International Trade Administration, Washington, D.C.
20230
Government of the PRC
Ministry of Foreign Trade and Economic Cooperation, Deputy Director
General, 2, Dong Chang An Street, Beijing, Post Code 100731, People's
Republic of China
XIV. Effective Date
The effective date of this Agreement suspending the antidumping
investigation on honey from the PRC, August 2, 1995.
Signed on this second day of August, 1995.
For the U.S. Department of Commerce.
Susan G. Esserman,
Assistant Secretary for Import Administration.
MOFTEC for the Government of the People's Republic of China.
Wang Tian Ming,
Minister-Councillor, Embassy of the People's Republic of China in the
United States.
Appendix
In accordance with the established format, the Government of the
PRC shall collect and provide to the Department all information
necessary to ensure compliance with this Agreement. This information
will be provided to the Department on a semi-annual basis, or upon
request.
The Government of the PRC will collect and maintain sales data to
the United States, in the home market, and to countries other than the
United States, on a continuous basis and provide the prescribed
information to the Department.
The Government of the PRC will provide a narrative explanation to
substantiate all data collected in accordance with the following
formats.
Report of Inventories
Report, by location, the inventories held by the PRC in the United
States and imported into the United States between the period beginning
December 20, 1994, through the effective date of the Agreement.
1. Quantity: Indicate original units of measure and in pounds.
2. Location: Identify where the inventory is currently being held.
Provide the name and address for the location.
3. Titled Party: Name and address of party who legally has title to the
merchandise.
4. Quota Certificate Number: Indicate the number(s) relating to each
entry now being held in inventory.
5. Certificate of Origin Number(s): Indicate the number(s) relating to
each sale or entry.
6. Date of Original Export: Date the quota certificate/certificate of
origin is issued.
7. Date of Entry: Date the merchandise entered the United States or the
date book transfer took place.
8. Original Importer: Name and address.
9. Original Exporter: Name and address.
10. Complete Description of Merchandise: Include lot numbers and other
available information.
United States Sales
MOFTEC will provide all Quota Certificates, which shall contain the
following information with the exception of item #9, date of entry, and
item #13, final destination.
1. Quota Certificate/Certificate of Origin Number(s): Indicate the
number(s) relating to each sale and/or entry.
2. Complete Description of Merchandise: Include lot numbers and other
available information including the HTS category to the 10 digit level.
3. Quantity: Indicate in original units of measure and in pounds.
4. Total Sales Value: Indicate currency used.
5. Unit Price: Indicate currency used.
6. Date of Sale: The date all terms of order are confirmed.
7. Sales Order Number(s): Indicate the number(s) relating to each sale
and/or entry.
8. Date of Export: Date the quota certificate is issued.
9. Date of Entry: Date the merchandise entered the United States or the
date book transfer took place.
10. Importer of Record: Name and address.
11. Customer: Name and address of the first party purchasing from the
PRC exporter.
12. Customer Relationship: Indicate whether the customer is related or
unrelated to the PRC exporter.
13. Final Destination: Name and address of the end-user for consumption
in the United States.
14. Quota Allocated to Exporter: Indicate the total amount of quota
allocated to the individual exporter during the Relevant Period.
15. Quota Remaining: Indicate the remaining quota available to the
individual exporter during the Relevant Period.
16. Other: i.e., used as collateral, will be re-exported, etc.
Sales Other Than United States
Pursuant to Section VIII, paragraph A, the Government of the PRC
will provide country-specific sales volume and value information for
all sales of subject merchandise to third countries.
1. Quota Certificate/Certificate of Origin Number(s): Indicate the
number(s) relating to each sale and/or entry.
2. Quantity: Indicate in original units of measure sold and/or entered
and in metric tons.
3. Date of Sale: The date all terms of order are confirmed.
4. Sales Order Number(s): Indicate the number(s) relating to each sale
and/or entry.
5. Date of Export: Date the quota certificate is issued.
6. Date of Entry: Date the merchandise entered the United States or the
date a book transfer took place.
7. Importer of Record: Name and address.
8. Customer: Name and address of the first party purchasing from the
PRC exporter.
9. Customer Relationship: Indicate whether the customer is related or
unrelated.
10. Final Destination: Name and address of the end-user for
consumption.
11. Other: i.e., used as collateral, will be re-exported, etc.
[FR Doc. 95-20297 Filed 8-15-95; 8:45 am]
BILLING CODE 3510-DS-P
