[Federal Register Volume 69, Number 150 (Thursday, August 5, 2004)]
[Notices]
[Pages 47407-47408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17934]


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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 Review

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

EFFECTIVE DATE: August 5, 2004.

FOR FURTHER INFORMATION CONTACT: Steve Williams at (202) 482-4619 or 
Jim Nunno at (202) 482-0783, 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:

Background

    The Department received a timely request from Foodworld 
International Club Limited (``Foodworld'') in accordance with 19 CFR 
351.214 (c), for a new shipper review 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). Foodworld identified itself 
as the exporter of honey produced by its producer Anhui Tianxin Bee 
Products Co., Ltd. (``Anhui Tianxin''). As required by 19 CFR 
351.214(b)(2)(i), (ii), and (iii)(A), Foodworld and Anhui Tianxin Bee 
Products each certified that they did not export honey to the United 
States during the period of investigation (``POI''), and that they have 
never been affiliated with any exporter or producer which exported 
honey during the POI. Furthermore, each company has also certified that 
their 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), 
Foodworld 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 any subsequent shipment 
and the date of the first sale to an unaffiliated customer in the 
United States.
    On July 13, 2004 and July 16, 2004 the Department issued pre-
initiation supplemental questionnaires to Foodworld to clarify company 
information submitted in their requests to the Department for a new 
shipper review. In Foodworld's supplemental questionnaire response, 
dated July 21, Foodworld adequately responded to the Department's 
request for clarification on Customs documents attached to Foodworld's 
new shipper review request. Foodworld also provided state incorporation 
documents for the importer of record at the Department's request.
    The Department conducted Customs database queries to determine 
whether Foodworld's shipment had officially entered the United States 
via assignment of an entry date in the Customs database by the U.S. 
Customs and Border Protection (CBP). In addition, the Department 
confirmed through research in PIERS and State incorporation records 
that Foodworld International and the importer of record appear to be 
bona fide companies.

Scope

    The merchandise under review is honey from the PRC. The products 
covered are natural honey, artificial honey containing more than fifty 
percent natural honey by weight, preparations of natural honey 
containing more than fifty 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) of the Act, as amended, and 
19 CFR 351.214(d)(1), and based on information on the record, we are 
initiating a new shipper review for Foodworld. See Memoranda to the 
File through Edward C. Yang, ``New Shipper Review Initiation 
Checklist,'' dated July 30, 2004. We intend to issue the preliminary 
results of this review not later than 180 days after the date on which 
this review was initiated, and the final results of this review within 
90 days after the date on which the preliminary results were issued.
    Pursuant to 19 CFR 351.214(g)(1)(i)(A) of the Department's 
regulations, the period of review (``POR'') for a new shipper review 
initiated in the month immediately following the anniversary month will 
be the twelve-month period immediately preceding the anniversary month. 
Therefore, the POR for this new shipper review is:

------------------------------------------------------------------------
     Antidumping duty proceeding             Period to be reviewed
------------------------------------------------------------------------
Exporter: Foodworld International     12/01/03-05/31/04
 Club Limited.
Producer: Anhui Tianxin Bee Products  ..................................
 Co., Ltd.
------------------------------------------------------------------------

It is the Department's usual practice in cases involving non-market 
economies

[[Page 47408]]

to require that a company seeking to establish eligibility for an 
antidumping duty rate separate from the country-wide rate to provide 
evidence of de jure and de facto absence of government control over the 
company's export activities. Accordingly, we will issue a questionnaire 
to Foodworld, including a separate rates section. The review will 
proceed if the responses provide sufficient indication that Foodworld 
is not subject to either de jure or de facto government control with 
respect to their exports of honey. However, if Foodworld does not 
demonstrate their eligibility for a separate rate, then it will be 
deemed not separate from other companies that exported during the POI 
and the new shipper review will be rescinded.
    In accordance with section 751(a)(2)(B)(iii) of the Act and 19 CFR 
351.214(e), we will instruct the CBP 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 Foodworld. Specifically, since Foodworld 
has identified Anhui Tianxin as the producer of the subject merchandise 
for the sale under review, we will instruct CBP to limit the bonding 
option only to entries of merchandise from Foodworld that were produced 
by Anhui Tiaxin Bee Products.
    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(d).

    Dated: July 30, 2004.
Gary Taverman,
Acting Deputy Assistant Secretary for Import Administration, Group I.
[FR Doc. 04-17934 Filed 8-4-04; 8:45 am]
BILLING CODE 3510-DS-P