[Federal Register Volume 68, Number 24 (Wednesday, February 5, 2003)]
[Notices]
[Pages 5868-5869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-2794]



[[Page 5868]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-863]


Honey From the People's Republic of China: Initiation of New 
Shipper Antidumping Duty Reviews

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

ACTION: Initiation of new shipper antidumping duty reviews.

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EFFECTIVE DATE: February 5, 2003.

FOR FURTHER INFORMATION CONTACT: Angelica Mendoza or Donna Kinsella at 
(202) 482-3019 or (202) 482-0194, respectively; Antidumping and 
Countervailing Duty Enforcement Group III, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

The Applicable Statute

    Unless otherwise indicated, all citations to the statute are 
references to the provisions effective January 1, 1995, the effective 
date of the amendments made to the Tariff Act of 1930, as amended (the 
Act) by the Uruguay Round Agreements Act (URAA). In addition, unless 
otherwise indicated, all citations to the Department's regulations are 
references to the provisions codified at 19 CFR Part 351 (2002).

Background

    The Department received timely requests from Shanghai Xiuwei 
International Trading Co., Ltd. (Shanghai Xiuwei) and Sichuan-
Dujiangyan Dubao Bee Industrial Co., Ltd. (Sichuan Dubao),\1\ in 
accordance with 19 CFR 351.214(c), for new shipper reviews of the 
antidumping duty order on honey from the People's Republic of China 
(PRC), which has a December annual anniversary month. See Notice of 
Amended Final Determination of Sales at Less Than Fair Value and 
Antidumping Duty Order; Honey from the People's Republic of China, 66 
FR 63670 (December 10, 2001). Shanghai Xiuwei identified itself as an 
exporter of honey produced by its supplier, Henan Oriental Bee Products 
Co., Ltd. (Henan Oriental). Sichuan Dubao identified itself as the 
producer of the honey it exports. 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 honey 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 honey 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 the 
Department's regulations at 19 CFR 351.214(b)(2)(iv), Shanghai Xiuwei 
and Sichuan Dubao submitted documentation establishing the date on 
which they first shipped the subject merchandise to the United States, 
the volume of that first shipment, and the date of the first sale to an 
unaffiliated customer in the United States.
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    \1\ On January 23, 2003, the Department rescinded a previous new 
shipper review of Sichuan Dubao initiated on July 31, 2002 because 
Sichuan Dubao's certifications failed to identify the correct name 
of the exporter and producer of the subject merchandise. Sichuan 
Dubao therefore submitted the instant new shipper review request, 
which correctly identifies the exporter and producer of the subject 
merchandise.
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    In accordance with section 751(a)(2)(B) of the Act, as amended, and 
19 CFR 351.214(d)(1), and based on information on the record, we are 
initiating new shipper reviews for Shanghai Xiuwei and Sichuan Dubao. 
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 evidence of de jure and de facto absence of government control 
over the company's export activities. Accordingly, we will issue 
questionnaires to Shanghai Xiuwei and Sichuan Dubao, including a 
separate rates section. If the responses provide sufficient indication 
that Shanghai Xiuwei and Sichuan Dubao are not subject to either de 
jure or de facto government control with respect to their exports of 
honey, the review will proceed. If, on the other hand, Shanghai Xiuwei 
and Sichuan Dubao do not demonstrate their eligibility for a separate 
rate, then they will be deemed not separate from other companies that 
exported during the POI and the review of that respondent will be 
rescinded.\2\
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    \2\ We note that petitioners separately requested administrative 
reviews of Shanghai Xiuwei and Sichuan Dubao. If for any reason the 
Department rescinds the new shipper reviews of Shanghai Xiuwei and/
or Sichuan Dubao, we will then include Shanghai Xiuwei and/or 
Sichuan Dubao in the normal administrative review.
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Scope

    The merchandise under review is honey from the PRC. The merchandise 
under review is currently classifiable under item 0409.00.00, 
1707.90.90 and 2106.90.99 of the Harmonized Tariff Schedule of the 
United States (HTSUS). Although the HTSUS subheading is provided for 
convenience and customs purposes, the written description of the 
merchandise under review is dispositive.

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 new shipper reviews of the antidumping 
duty order on honey from the PRC. Therefore, we intend to issue the 
preliminary results of these reviews not later than 180 days after the 
date on which these reviews were initiated. We intend to issue the 
final results of these reviews within 90 days after the date on which 
the preliminary results were issued.
    Pursuant to 19 CFR 351.214(g)(1)(ii)(A) of the Department's 
regulations, the period of review (POR) for a new shipper review 
initiated in the month immediately following the first anniversary 
month will be the period from the date of suspension of liquidation to 
the end of the month immediately preceding the first anniversary 
month.\3\ Therefore, the POR for these new shipper reviews is:
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    \3\ The review period for Shanghai Xiuwei and Sichuan Dubao is 
February 10, 2001, through November 30, 2002 because the Department 
found critical circumstances in the underlying investigation, and 
liquidation was suspended beginning 90 days prior to the publication 
of the preliminary less than fair value determination, which 
occurred on May 11, 2001.

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          Antidumping duty proceeding             Period to be reviewed
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Shanghai Xiuwei International Trading Co., Ltd.        2/10/01--11/30/02
Sichuan-Dujiangyan Dubao Bee Industrial Co.,           2/10/01--11/30/02
 Ltd...........................................
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[[Page 5869]]

    We will instruct the Customs Service to allow, at the option of the 
importer, the posting, until the completion of the review, of a single 
entry bond or security in lieu of a cash deposit for certain entries of 
the merchandise exported by the above-listed companies. This action is 
in accordance with 19 CFR 351.214(e). As Sichuan Dubao has certified 
that it both produced and exported the subject merchandise, we will 
instruct Customs to limit Sichuan Dubao's bonding option only to such 
merchandise for which it is both the producer and exporter. For 
Shanghai Xiuwei, which has identified Henan Oriental as the producer of 
subject merchandise for the sale under review, we will instruct Customs 
to limit the bonding option only to entries of subject merchandise from 
Shanghai Xiuwei that were produced by Henan Oriental.
    Interested parties that need access to proprietary information in 
these new shipper reviews 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(d).

    Dated: January 30, 2003.
Joseph A. Spetrini,
Deputy Assistant Secretary for Import Administration, Group III.
[FR Doc. 03-2794 Filed 2-4-03; 8:45 am]
BILLING CODE 3510-DS-P