[Federal Register Volume 70, Number 24 (Monday, February 7, 2005)]
[Notices]
[Pages 6412-6413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-480]


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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: February 7, 2005.
SUMMARY: In December 2004, the Department of Commerce (``the 
Department'') received a request to conduct a new shipper review of the 
antidumping duty order on honey from the People's Republic of China 
(``PRC''). We have determined that this request meets the statutory and 
regulatory requirements for the initiation of a new shipper review.

FOR FURTHER INFORMATION CONTACT: Anya Naschak at (202) 482-6375 or 
Kristina Boughton at (202) 482-8173; AD/CVD Operations, Office 9, 
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 Kunshan Xin'an Trade 
Co., Ltd. (``Xinan'') in accordance with 19

[[Page 6413]]

CFR 351.214 (c), for a new shipper review of the antidumping duty order 
on honey from the PRC, which has a December annual anniversary month. 
Xinan identified itself as the producer and exporter of honey. As 
required by 19 CFR 351.214(b)(2)(i), and (iii)(A), Xinan 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 exported honey to the United States during 
the POI. Furthermore, Xinan has also 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), Xinan 
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 shipments, and the 
date of the first sale to an unaffiliated customer in the United 
States.
    The Department conducted Customs database queries to confirm that 
Xinan's shipment had officially entered the United States via 
assignment of an entry date in the Customs database by U.S. Customs and 
Border Protection (``CBP''). In addition, the Department confirmed the 
existence of Xinan and its U.S. affiliate, Xin'an USA, Inc., which also 
served as the importer of record.

Initiation of Review

    In accordance with section 751(a)(2)(B) of the Tariff Act of 1930 
(``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 
Xinan. See Memorandum to the File through James C. Doyle, ``New Shipper 
Review Initiation Checklist,'' dated January 31, 2005. 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 12-month period immediately preceding the anniversary 
month. Therefore, the POR for the new shipper review of Xinan is 
December 1, 2003 through November 30, 2004.
    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 a 
questionnaire to Xinan, including a separate rates section. The review 
will proceed if the responses provide sufficient indication that Xinan 
is not subject to either de jure or de facto government control with 
respect to their exports of honey. However, if Xinan does not 
demonstrate its 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 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 Xinan. Specifically, since Xinan has stated 
that it is both the producer and exporter of the subject merchandise 
for the sale under review, we will instruct CBP to limit the bonding 
option only to entries of merchandise that were both exported and 
produced by Xinan. 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: January 31, 2005.
Barbara E. Tillman,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. E5-480 Filed 2-4-05; 8:45 am]
BILLING CODE 3510-DS-S