[Federal Register Volume 65, Number 63 (Friday, March 31, 2000)]
[Notices]
[Pages 17257-17258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8012]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-851]


Certain Preserved Mushrooms From the People's Republic of China: 
Initiation of New Shipper Antidumping Duty Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce has received a request to conduct a 
new shipper review of the antidumping duty order on certain preserved 
mushrooms from the People's Republic of China. In accordance with 19 
C.F.R. 351.214(d), we are initiating this review.

EFFECTIVE DATE: March 31, 2000.

FOR FURTHER INFORMATION CONTACT: David J. Goldberger or Katherine 
Johnson, Import Administration, International Trade Administration, 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, D.C. 20230; telephone (202) 482-4136 or 482-4929, 
respectively.

Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (``the Act''), are references to the provisions 
effective January 1, 1995, the effective date of the amendments made to 
the Act by the Uruguay Round Agreements Act. In addition, unless 
otherwise indicated, all citations to the Department of Commerce (``the 
Department'') regulations are to the provisions codified at 19 CFR part 
351 (1999).

SUPPLEMENTARY INFORMATION:

Background

    The Department has received a timely request from Raoping Xingyu 
Foods Co., Ltd. (``Raoping Xingyu''), in accordance with 19 CFR 
351.214(c), for a new shipper review of the antidumping duty order on 
certain preserved mushrooms from the People's Republic of China 
(``PRC''), which has a February anniversary date. As required by 19 CFR 
351.214(b)(2)(i) and (iii)(A), Raoping Xingyu (``the respondent'') 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 exported 
certain preserved mushrooms during the POI. Raoping Xingyu further 
certified that its export activities are not controlled by the central 
government of the PRC, pursuant to 19 CFR 351.214(b)(2)(iii)(B). 
Pursuant to the Department's regulations at 19 CFR 351.214(b)(2)(iv), 
Raoping Xingyu submitted documentation establishing the date on which 
it first shipped the subject merchandise to the United States, the 
volume of that first shipment, and the date of its first sale to an 
unaffiliated customer in the United States.
    In accordance with section 751(a)(2)(B) of the Act, as amended, and 
19 CFR 351.214(b), and based on information on the record, we are 
initiating the new shipper review as requested.
    It is the Department's usual practice in cases involving non-market 
economies 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 separate rates questionnaire to the above-named respondent. If 
respondent Raoping Xingyu provides sufficient evidence that it is not 
subject to either de jure or de facto government control with respect 
to its exports of certain preserved mushrooms, this review will 
proceed. If, on the other hand, Raoping Xingyu does not meet its burden 
to demonstrate its eligibility for a separate rate, then Raoping Xingyu 
will be deemed to be affiliated with other companies that exported 
during the POI and that did not establish entitlement to a separate 
rate. This review will then be terminated due to failure of the 
exporter or producer to meet the requirements of section 
751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(iii)(B).

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. On 
March 17, 2000, Raoping Xingyu agreed to waive the time limits in order 
that the Department, pursuant to 19 CFR 351.214(j)(3), may conduct this 
review concurrently with the first annual administrative review of this 
order, that is being conducted pursuant to section 751(a)(1) of the 
Act. Therefore, we intend to issue the final results of this review not 
later than 245 days after the last day of the anniversary month.

------------------------------------------------------------------------
         Antidumping duty proceeding             Period to be reviewed
------------------------------------------------------------------------
PRC: Certain Preserved Mushrooms, A-570-851:       08/05/1998-01/31/2000
 Raoping Xingyu Foods Co., Ltd...............
------------------------------------------------------------------------

    Based upon the receipt of an adequate separate rates questionnaire 
response from the respondent, we will instruct the U.S. Customs Service 
to allow, at the option of the importer, the posting of a bond or 
security in lieu of a cash deposit for each entry of the merchandise 
exported by the above-listed company until the completion of the 
review. This action is in accordance with 19 CFR 351.214(e) and (j)(3).
    Interested parties that need access to the proprietary information 
in this new shipper review should submit applications for disclosure 
under administrative protective orders in accordance with 19 CFR 
351.305 and 351.306.
    This initiation and this notice are in accordance with section 
751(a) of the

[[Page 17258]]

Act (19 U.S.C. 1675(a)) and 19 CFR 351.214(d).

    Dated: March 27, 2000.
Richard W. Moreland,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 00-8012 Filed 3-30-00; 8:45 am]
BILLING CODE 3510-DS-P