[Federal Register: October 7, 2003 (Volume 68, Number 194)]
[Notices]
[Page 57877-57879]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07oc03-43]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-851]
Certain Preserved Mushrooms from the People's Republic of China:
Initiation of Seventh New Shipper Antidumping Duty Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce received several requests in August
2003 to conduct a new shipper review of the antidumping duty order on
certain preserved mushrooms from the People's Republic of China
(``PRC''). In accordance with 19 CFR 351.214(d), we are initiating a
new shipper review for two of the companies that requested such a
review: Guangxi Hengxian Pro-Light Foods, Inc., a producer and exporter
of certain preserved mushrooms from the PRC; and Nanning Runchao
Industrial Trade Company, Ltd., an exporter of certain preserved
mushrooms from the PRC.
EFFECTIVE DATE: October 7, 2003.
FOR FURTHER INFORMATION CONTACT: Brian Smith or Sophie Castro, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, N.W., Washington, D.C.
20230; telephone (202) 482-1766 or (202) 482-0588, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department has received timely requests in August 2003 from:
(1) Guangxi Hengxian Pro-Light Foods, Inc. (``Guangxi Hengxian''); (2)
Nanning Runchao Industrial Trade Company, Ltd. (``Nanning Runchao'');
(3) Xiamen International Trade and Industry Company, Ltd. (``XITIC'');
(4) Xiamen Zhongjia Import and Export Company, Ltd. (``Zhongjia''); (5)
Zhangzhou
[[Page 57878]]
Longhai Minhui Industry and Trade Co., Ltd. (``Minhui''); and (6)
Shanghai Superlucky Import & Export Company, Ltd (``Superlucky''), in
accordance with 19 CFR 351.214(c), for a new shipper review of the
antidumping duty order on certain preserved mushrooms from the PRC,
which has an August semi-annual anniversary month. On September 22,
2003, Superlucky withdrew its request for a new shipper review.
Accordingly, we have not considered Superlucky in this new shipper
review initiation.
Guangxi Hengxian identified itself as the producer of the preserved
mushrooms it exports. Nanning Runchao identified itself as an exporter
of preserved mushrooms produced by its supplier, Guangxi Yizhou
Dongfang Cannery (``Guangxi Yizhou''). XITIC identified itself as an
exporter of preserved mushrooms produced by its supplier, Inter-Foods
(D.S.) Company, Ltd.\1\ Zhongjia identified itself as an exporter of
preserved mushrooms produced by its supplier, Zhangzhou Hongning Canned
Food Factory. Minhui identified itself as an exporter of preserved
mushrooms produced by its supplier, Longhai Jiuhu Longhuan Tin Food
Factory.\2\
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\1\ On August 7, 2003, the Department issued a memorandum
notifying interested parties of its intent to rescind the new
shipper review of this company, initiated on March 28, 2003 (see 68
FR 15152), because XITIC's certification failed to identify
correctly the producer of the subject merchandise.
\2\ On August 4, 2003, the Department preliminarily rescinded
the new shipper review of Zhongjia and Minhui, initiated on October
7, 2002, because Zhongjia's and Minhui's certifications failed to
identify correctly the producer of the subject merchandise (see 68
FR 45792 and 67 FR 62438, respectively).
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As required by 19 CFR 351.214(b)(2)(i), (ii), and (iii)(A), each
company identified above has certified that it did not export certain
preserved mushrooms to the United States during the period of
investigation (``POI''), and that it has never been affiliated with any
exporter or producer which did export certain preserved mushrooms
during the POI. Each company has further certified that its export
activities are not controlled by the central government of the PRC,
satisfying the requirements of 19 CFR 351.214(b)(2)(iii)(B). Pursuant
to 19 CFR 351.214(b)(2)(iv)(A), each company provided the date of the
first sale to an unaffiliated customer in the United States. Each
company submitted documentation establishing the date on which it first
shipped the subject merchandise to the United States and the volume of
that shipment. Nanning Runchao, Zhongjia and Minhui also provided the
date of entry of that first shipment.
In accordance with section 751(a)(2)(B) of the Tariff Act of 1930
(``the Act''), as amended, and 19 CFR 351.214(b), and based on our
analysis of the information and documentation provided with the new
shipper review requests, as well as our analysis of proprietary import
data from the U.S. Bureau of Customs and Border Protection
(``Customs''), we find that Nanning Runchao and Guangxi Hengxian have
met the requirements under which the Department can initiate a new
shipper review (for more details, see New Shipper Initiation Checklists
for Nanning Runchao and Guangxi Hengxian). Therefore, we are initiating
a new shipper review for Nanning Runchao and Guangxi Hengxian.
Furthermore, based on our analysis of the information and documentation
provided with the new shipper review requests, as well as our analysis
of proprietary import data from Customs, we find that XITIC, Zhongjia
and Minhui all had transactions which took place outside of the
relevant period of review (``POR'') and therefore do not meet the
requirements under which the Department can initiate a new shipper
review (for more details, see New Shipper Initiation Checklists for
XITIC, Zhongjia and Minhui). Thus, we are not initiating a new shipper
review for XITIC, Zhongjia and Minhui.
In cases involving non-market economies, it is the Department's
normal practice to require that a company seeking to establish
eligibility for an antidumping duty rate separate from the country-wide
rate provide de jure and de facto evidence of an absence of government
control over the company's export activities. Accordingly, we will
issue a questionnaire to Nanning Runchao and Guangxi Hengxian
(including a complete separate rates section), allowing approximately
37 days for response. If the response from each respondent provides
sufficient indication that it is not subject to either de jure or de
facto government control with respect to its exports of brake rotors,
the review will proceed. If a respondent does not demonstrate its
eligibility for a separate rate, then it will be deemed to be
affiliated with other companies that exported during the POI and that
it did not establish entitlement to a separate rate, and the review of
that respondent will be rescinded.
Initiation of Review
In accordance with section 751(a)(2)(B)(ii) of the Act and 19 CFR
351.214(d)(1), we are initiating a new shipper review of the
antidumping duty order on certain preserved mushrooms from the PRC. We
intend to issue the preliminary results of this review not later than
180 days after the date on which the review is initiated.
In accordance with 19 CFR 351.214(g)(1)(i)(B), the POR for a new
shipper review, initiated in the month following the semi-annual
anniversary month, will be the six-month period immediately proceeding
the semi-annual anniversary month. Therefore, the POR for this new
shipper review is:
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Antidumping Duty New Shipper Review Proceeding Period to be Reviewed
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PRC: Certain Preserved Mushrooms, A-570-851:..........
Nanning Runchao Industrial Trade Company, Ltd......... 02/01/03 - 07/31/03
Guangxi Hengxian Pro-Light Foods, Inc................. 02/01/03 - 07/31/03
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We will instruct Customs to allow, at the option of the importer,
the posting, until the completion of the review, of a bond or security
in lieu of a cash deposit for each entry of the subject merchandise
from the above-listed companies. This action is in accordance with
section 751(a)(2)(B)(iii) of the Act, as amended, and 19 CFR
351.214(e). With regard to Guangxi Hengxian, because Guangxi Hengxian
has certified that it both produces and exports the subject
merchandise, the sale of which was the basis for its new shipper review
request, we will apply the bonding privilege only to entries of subject
merchandise for which it is both the producer and exporter. With regard
to Nanning Runchao and its producer Guangxi Yizhou, we will apply the
bonding privilege only to entries of the subject merchandise exported
by Nanning Runchao which was also produced by Guangxi Yizhou.
Interested parties that need access to proprietary information in
this new shipper review should submit
[[Page 57879]]
applications for disclosure under administrative protective order in
accordance with 19 CFR 351.305 and 351.306.
This initiation and notice are in accordance with section
751(a)(2)(B) of the Act (19 U.S.C. 1675(a)) and 19 CFR 351.214(d).
Dated: September 30, 2003.
Jeffrey May,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 03-25387 Filed 10-6-03; 8:45 am]