Legislative Update
By Richard Adee
Reprinted from the AHPA magazine the Honey Producer.
Great News! Late in the afternoon of July 27,
2005, the U.S. House of Representatives passed the English/ Thomas
Bill H.R. 3283 titled “United States Trade Rights Enforcement
Act.” The center piece of the bill dealt with closing the
bonding loophole and called for a report to be submitted to the
House Ways and Means Committee and the Senate Finance Committee.
This report is to “describe the major problems experienced
in the collection of duties, including fraudulent activities intended
to avoid payment of duties, with an estimate of the total amount
of uncollected duties the previous fiscal year and the reasons
duties were uncollected.”
The Bill is broader than we’d liked to
have seen, covering intellectual properties, countervailing duties,
etc. We’re hopeful we can work out a compromise between
the House version and the Senate’s simple version which
passed 100-0 last fall but unfortunately died when the Senate
adjourned in December 2004. We now must go back and ask the Senate
to take up the bill again. We presently have close to 30 cosponsors
on the new bill.
AHPA president Steve Park, Lyle Johnston, Jack
Meyer, Jr., Dale Althoff, Jerry Probst, and I will be going to
Washington the week of September 12th to try and negotiate an
agreement that is acceptable to both Houses. We’re very
fortunate that there is absolutely no disagreement in either House
on the need to close the bonding loophole. We, optimistically,
hope to have the loophole closed by the middle of October.
Ron Phipps, in his July 28, 2005 Market News
Report stated the following: “With the now inevitable closing
of the loophole, the industry can foresee the ending of the era
of the erosion of honey prices due to Chinese new shippers posting
bonds and neither paying cash nor factoring in their selling prices,
antidumping duty (ADD) liabilities. As the industry has witnessed,
the past year has been a retrogressive sequence of events characterized
by ever falling honey prices of honey from Chinese new shippers
who without knowledge or experience in the U.S. honey market appeared
like mushrooms in a rainy night. The “new shippers”
which appeared as mushrooms in a rainy night will disappear like
thieves in the night.”

We also received GOOD NEWS from the Department
of Commerce on Tuesday, June 28, 2005. Commerce released its final
results of its second administrative review (AR) of the dumping
order on honey from China. All of the final margins either went
up significantly from the preliminary margins, or held at the
preliminary level. Wuhan Bee Healthy’s final dumping rate
for the 2nd AR is 101.51%, up from 5.69% from the preliminary
results. Wuhan’s going forward cash duty deposit rate (DDR)
will now increase from its current 32.85% to 101.51%.
Shortly after Commerce announced its preliminary
results of the 2nd AR, Dubao completely withdrew from the review
rather than respond to Commerce’s additional requests for
information. As a result, Commerce based Dubao’s dumping
margin on “adverse facts available” in the final results,
and awarded the exporter the top “China-wide” rate
of 183.80%. This will be Dubao’s going forward cash DDR,
up from its current rate of 21.61%.
The final dumping margins for each exporter that
participated in the review are as follows:
Exporter |
Final Margin |
| Inner Mongolia |
183.80 % |
| Jinfu Trading Co. |
72.02 % |
| Shanghai Eswell enter. |
38.60 % |
| Shanghai Shinomiel |
183.80 % |
| Shanghai Xiuwei |
183.80 % |
| Sichuan-Dujiangyan Dubao |
183.80 % |
| Wuhan Bee Healthy Co. |
101.51 % |
| Zhejiang Native Produce |
45.54 % |
You will notice the lowest cash DDR is 38.60%.
When the loophole is closed and Chinese exporters are required
to put up cash, the cheapest any Chinese honey can legally be
sold for in the United States will be $1.04 per pound. Anything
Below that price will be considered dumping.
Challenging the deposit rates on every company
that requests either an administrative review or a new shipper
review is expensive. Left unchallenged Wuhan Bee Healthy’s
rate would be 5.69% rather than 101.51%. When you see the results
of Mike Coursey’s efforts, you know it’s worth every
penny.
Richard Adee
