All Honey/Rice Syrup Blends From China
Now Subject To Antidumping Duties


October 26, 2012

On August 21, 2012, the Department of Commerce issued a final determination that all honey/rice syrup blends from China, regardless of the percentage of honey they contain, are now within the scope of the antidumping order on honey from China. These blends are now subject to the antidumping duty rate of $2.63/kg at the time of entry. Commerce determined that blends of honey and rice syrup, regardless of the percentage of honey contained, are circumventing the antidumping order on honey from China. Prior to this time, blends that had less than 50% honey were not subject to the AD order.

In addition to the foregoing, transshipments of honey/syrup blends have been a major enforcement issue of U.S. Customs & Border Protection (CBP).  As a result, shipments of honey and honey/syrup blends claimed to be from a country other than China are being scrutinized and sometimes tested by CBP. In particular, CBP is on the lookout for first-time importers having large and/or multiple honey/syrup shipments within a short period of time. CBP also may be requesting production and transportation records. If it is concluded that the syrup contains honey of Chinese origin, the importer will have to pay antidumping duties before release or have it re‑exported to the original country of export. Furthermore, penalties may be assessed by CBP.

In February 2011, a Chinese business agent for several honey importing companies was arrested in Los Angeles for allegedly conspiring to illegally import Chinese-origin honey with its country of origin allegedly falsified in order to evade the payment of antidumping duties. According to the indictment, the importer listed South Korea, Taiwan, and Thailand as the countries of origin. The arrest was the result of an investigation conducted by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations. 

Needless to say, those who import honey/syrup blends should be prepared to substantiate the country of origin if the origin of the honey is claimed to be from a country other than China.

If you have any questions about this or other customs issues, please contact Steve Spraitzar at steve.spraitzar@tuttlelaw.com or at (415) 288‑0427.

Stephen S. Spraitzar is an attorney with the Law Offices of George R. Tuttle in San Francisco.

 

The information in this article is general in nature, and is not intended to constitute legal advice or to create an attorney-client relationship with respect to any event or occurrence, and may not be considered as such.

 

Copyright © 2012 by Tuttle Law Offices. 

All rights reserved.  Information has been obtained from sources believed to be reliable.  However, because of the possibility of human or mechanical error by our offices or by others, we do not guarantee the accuracy, adequacy, or completeness of any information and are not responsible for any errors, omissions, or for the results obtained from the use of such information.

 

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