[Federal Register Volume 66, Number 62 (Friday, March 30, 2001)]
[Notices]
[Pages 17406-17408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-7927]


=======================================================================
-----------------------------------------------------------------------

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 and Partial 
Rescission of Administrative Review

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


[[Page 17407]]


SUMMARY: The Department of Commerce has received requests 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 
section 751(a)(2)(B) of the Tariff Act of 1930, as amended, and 19 CFR 
351.214(d), we are initiating a new shipper review for Shantou Hongda 
Industrial General Corporation and Shenxian Dongxing Foods Co., Ltd.

EFFECTIVE DATE: March 30, 2001.

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

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 references to the Department of Commerce's 
(``the Department's'') regulations are to 19 CFR part 351 (2000).

SUPPLEMENTARY INFORMATION:

Background

    On February 27, 2001, the Department received requests from Shantou 
Hongda Industrial General Corporation (``Shantou Hongda'') and Shenxian 
Dongxian Foods Co., Ltd. (``Shenxian Dongxing''), pursuant to section 
751(a)(2)(B) of the Act, and in accordance with 19 CFR 351.214, for a 
new shipper review of the antidumping duty order on certain preserved 
mushrooms (``mushrooms'') from the People's Republic of China 
(``PRC''). This order has a February anniversary month. See Notice of 
Amendment of Final Determinations of Sales at Less-Than-Fair-Value and 
Antidumping Duty Order: Certain Preserved Mushrooms from the People's 
Republic of China, 64 FR 8308 (February 19, 1999). Therefore, these 
requests are timely pursuant to 19 CFR 351.214(b)(2)(c).
    On March 22, 2001, based on a request from the Coalition for Fair 
Preserved Mushroom Trade,\1\ we initiated an administrative review with 
respect to Shantou Hongda and Shenxian Dongxian, among other companies. 
For further discussion, see ``Partial Rescission of Administrative 
Review'' section, below.
---------------------------------------------------------------------------

    \1\ The Coalition includes the American Mushroom Institute and 
the following domestic companies: L.K. Bowman, Inc., Modern Mushroom 
Farms, Inc., Monterey Mushrooms, Inc., Mount Laurel Canning Corp., 
Mushroom Canning Company, Southwood Farms, Sunny Dell Foods, Inc., 
and United Canning Corp.
---------------------------------------------------------------------------

    In accordance with 19 CFR 351.214(b)(2)(i) and (iii)(A), Shantou 
Hongda and Shenxian Dongxing have certified (1) that they did not 
export mushrooms to the United States during the period of 
investigation (``POI''); and (2) that, since the investigation was 
initiated, they never have been affiliated with any exporter or 
producer who did export mushrooms to the United States during the POI, 
including those not examined during the investigation. Also, in 
accordance with 19 CFR 351.214(b)(2)(iv), Shantou Hondga and Shenxian 
Dongxing submitted documentation establishing (1) the date on which 
they first shipped the subject merchandise to the United States, (2) 
the volume of that shipment, and (3) the date of the first sale to an 
unaffiliated customer in the United States. Therefore, in accordance 
with section 751(a)(2)(B) of the Act and 19 CFR 351.214(b), we are 
initiating the new shipper review of the antidumping duty order on 
mushrooms from the PRC.
    It is the Department's 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 questionnaires to Shantou Hondga and Shenxian Dongxing (including 
a 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 mushrooms, the review of each new 
shipper will proceed. If, on the other hand, 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 
the new shipper review of that respondent will be rescinded.

Partial Rescission of Administrative Review

    We have confirmed, based on the above-mentioned information and 
subject to Shantou Hongda and Shexian Dongxing each demonstrating the 
absence of government control over their export activities, that 
Shantou Hongda and Shenxian Dongxing are both eligible for a new 
shipper review. Accordingly, we are rescinding the administrative 
review previously initiated for these companies. See Initiation of 
Antidumping Duty and Countervailing Duty Administrative Reviews, 66 FR 
10637 (March 22, 2001).

Initiation of Reviews

    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 mushrooms from the PRC. On March 12, 2001, 
Shantou Hongda and Shenxian Dongxing 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 second 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 preliminary 
results of this review not later than 245 days after the last day of 
the anniversary month of the order. All provisions of 19 CFR 351.214 
will apply to Shantou Hondga and Shenxian Dongxing throughout the 
duration of this new shipper review.

------------------------------------------------------------------------
                                                          Period to be
             Antidumping duty proceeding                    reviewed
------------------------------------------------------------------------
People's Republic of China: Certain Preserved           02/01/00-1/31/01
 Mushrooms, A-570-851;...............................
    Shantou Hongda Industrial General Corporation
    Shenxian Dongxing Foods Co., Ltd.
------------------------------------------------------------------------

    Pursuant to 19 CFR 351.214(g)(i)(A), the standard period of review 
(``POR'') in a new shipper review, which like this one, was initiated 
in the month immediately following the anniversary month, is the twelve 
month period immediately preceding the anniversary month. Therefore, 
the POR for this new

[[Page 17408]]

shipper review is February 1, 2000, through January 31, 2001.
    Concurrent with publication of this notice, and in accordance with 
19 CFR 351.214(e), we will instruct the Customs Service to suspend 
liquidation of any unliquidated entries of the subject merchandise from 
the relevant exporter or producer, and to allow, at the option of the 
importer, until the completion of the review, the posting of a bond or 
security in lieu of a cash deposit for each entry of the subject 
merchandise exported by the above-listed companies.
    Interested parties that need access to 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 notice are in accordance with section 751(a) of 
the Act (19 U.S.C. 1675(a)) and 19 CFR 351.214.

    March 23, 2001.
Richard W. Moreland,
Deputy Assistant Secretary Import Administration.
[FR Doc. 01-7927 Filed 3-29-01; 8:45 am]
BILLING CODE 3510-DS-P