[Federal Register Volume 68, Number 154 (Monday, August 11, 2003)]
[Notices]
[Pages 47537-47538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20423]



[[Page 47537]]

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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: August 11, 2003.

FOR FURTHER INFORMATION CONTACT: Angelica Mendoza or Dena Aliadinov or 
Brandon Farlander at (202) 482-3019 or (202) 482-3362 or (202) 482-
0182, 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 (2003).

Background

    The Department received timely requests from Anhui Honghui 
Foodstuff (Group) Co., Ltd. (Anhui Honghui), Jiangsu Kanghong Natural 
Healthfoods Co., Ltd. (Jiangsu Kanghong), Cheng Du Wai Yuan Bee 
Products Co., Ltd. (Wai Yuan), Shanghai Shinomiel International Trade 
Corporation (Shanghai Shinomiel), Eurasia Bee's Products Co., Ltd. 
(Eurasia), and Jinfu Trading Co., Ltd. (Jinfu), 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 and a June semiannual 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). Wai Yuan identified itself 
as both the exporter and producer of the subject merchandise. Jinfu 
identified itself as the exporter of honey produced by its supplier, 
Cixi City Yikang Bee Industry Co., Ltd. (Cixi Yikang). 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), Wai Yuan and 
Jinfu submitted documentation establishing the date on which the 
subject merchandise was first entered for consumption in the United 
States, the volume of that first shipment, and the date of the 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(d)(1), and based on information on the record, we are 
initiating new shipper reviews for Wai Yuan and Jinfu. See also 
Memoranda to the File through Richard O. Weible, ``New Shipper Review 
Initiation Checklist,'' dated July 31, 2003, for each respective 
company. The Department is not initiating new shipper reviews for the 
remaining companies due to deficiencies in each of those companies' 
certifications.\1\
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    \1\ See letters to Anhui Honghui, Jiangsu Kanghong, Shanghai 
Shinomiel, and Eurasia from Richard O. Weible, dated July 31, 2003. 
See also Memoranda to the File through Richard O. Weible, ``New 
Shipper Review Initiation Checklist,'' dated July 31, 2003, for each 
respective company.
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    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 Wai Yuan and Jinfu, including a separate rates 
section. If the responses provide sufficient indication that Wai Yuan 
and Jinfu 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, Wai Yuan and Jinfu 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.

Scope

    The merchandise under review is honey from the PRC. The products 
covered are natural honey, artificial honey containing more than 50 
percent natural honey by weight, preparations of natural honey 
containing more than 50 percent natural honey by weight, and flavored 
honey. The subject merchandise includes all grades and colors of honey 
whether in liquid, creamed, comb, cut comb, or chunk form, and whether 
packaged for retail or in bulk form. The merchandise under review is 
currently classifiable under item 0409.00.00, 1702.90.90, 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. We intend to issue the preliminary 
results of these reviews not later than 180 days after the date on 
which these reviews were initiated, and 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)(i)(B) of the Department's 
regulations, the period of review (POR) for a new shipper review 
initiated in the month immediately following the semiannual anniversary 
month will be the six-month period immediately preceding the semiannual 
anniversary month. Therefore, the POR for these new shipper reviews is:

------------------------------------------------------------------------
                                                         Period to be
            Antidumping duty  proceeding                   reviewed
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Cheng Du Wai Yuan Bee Products Co., Ltd............    12/01/02-05/31/03
Jinfu Trading Co., Ltd.............................    12/01/02-05/31/03
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    We will instruct the U.S. Bureau of Customs and Border Protection 
(Customs) 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 Wai Yuan has certified that it both produced and 
exported the subject merchandise, we will instruct Customs

[[Page 47538]]

to limit Wai Yuan's bonding option only to such merchandise for which 
it is both the producer and exporter. For Jinfu, which has identified 
Cixi Yikang 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 Jinfu that was produced by Cixi 
Yikang.
    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: July 31, 2003.
Joseph A. Spetrini,
Acting Assistant Secretary for Grant Aldonas, Under Secretary.
[FR Doc. 03-20423 Filed 8-8-03; 8:45 am]
BILLING CODE 3510-DS-P