[Federal Register Volume 68, Number 194 (Tuesday, October 7, 2003)]
[Notices]
[Pages 57877-57879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-25387]


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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]
BILLING CODE 3510-DS-S