[Federal Register Volume 69, Number 185 (Friday, September 24, 2004)]
[Notices]
[Pages 57264-57265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-2373]


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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 Eighth New Shipper Antidumping Duty Review

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

SUMMARY: On August 31, 2004, the Department of Commerce received a 
request 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 Blue Field (Sichuan) Food Industrial Co., Ltd. 
(``Blue Field''), a producer and exporter of certain preserved 
mushrooms from the PRC.

DATES: Effective September 24, 2004.

FOR FURTHER INFORMATION CONTACT: Brian Smith or Steve Winkates, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 
20230; telephone (202) 482-1766 or (202) 482-1904, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department received a timely request on August 31, 2004, from 
Blue Field, 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. Blue 
Field identified itself as the producer of the preserved mushrooms it 
exports.
    As required by 19 CFR 351.214(b)(2)(i), (ii), and (iii)(A), Blue 
Field 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. Blue Field 
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), Blue 
Field provided the date of the first sale to an unaffiliated customer 
in the United States. Blue Field submitted documentation establishing 
the date on which it first shipped the subject merchandise to the 
United States and the volume of that 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 this new 
shipper review request, as well as our analysis of proprietary import 
data from the U.S. Customs and Border Protection (``CBP''), we find 
that Blue Field has met the requirements under which the Department can 
initiate a new shipper review (for more details, see New Shipper 
Initiation Checklist for Blue Field, dated September 10, 2004). 
Therefore, we are initiating a new shipper review for Blue Field.
    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 Blue Field (including a complete separate 
rates section), allowing approximately 37 days for response. If Blue 
Field's response provides sufficient indication that it is not subject 
to either de jure or de facto government control with respect to its 
exports of certain preserved mushrooms, the review will proceed. If the 
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:

------------------------------------------------------------------------
                                                              Period  to
       Antidumping duty new shipper review proceeding             be
                                                               reviewed
------------------------------------------------------------------------
PRC: Certain Preserved Mushrooms, A-570-851: Blue Field        02/01/04-
 (Sichuan) Food Industrial Co., Ltd........................     07/31/04
------------------------------------------------------------------------

    We will instruct CBP 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 company. This action is in accordance with section 
751(a)(2)(B)(iii) of the Act, as amended, and 19 CFR 351.214(e). 
Because Blue Field 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.
    Interested parties that need access to proprietary information in 
this new shipper review should submit applications for disclosure under 
administrative protective order in accordance with 19 CFR 351.305 and 
351.306.
    This initiation notice is published here in accordance with section

[[Page 57265]]

751(a)(2)(B)(ii) of the Act, 19 CFR 351.214(d) and 351.221(c)(1)(i).

    Dated: September 17, 2004.
Jeffrey May,
Deputy Assistant Secretary for Import Administration.
 [FR Doc. E4-2373 Filed 9-23-04; 8:45 am]
BILLING CODE 3510-DS-P