[Federal Register Volume 70, Number 150 (Friday, August 5, 2005)]
[Notices]
[Pages 45367-45368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-4236]


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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, 2005.
SUMMARY: In June 2005, the Department of Commerce (``the Department'') 
received two requests to conduct new shipper reviews of the antidumping 
duty order on honey from the People's Republic of China (``PRC''). We 
have determined that these requests meet the statutory and regulatory 
requirements for the initiation of new shipper reviews.

FOR FURTHER INFORMATION CONTACT: Anya Naschak at (202) 482-6375 or 
Candice Kenney Weck at (202) 482-0938; 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 timely requests from Shanghai Taiside 
Trading Co., Ltd. (``Shanghai Taiside'') and Wuhan Shino-Food Trade 
Co., Ltd. (``Shino-Food'') in accordance with 19 CFR 351.214 (c), for 
new shipper reviews of the antidumping duty order on honey from the 
PRC, which has a December annual anniversary month, and a June semi-
annual anniversary month. Shanghai Taiside and Shino-Food identified 
themselves as producers and exporters of honey. As required by 19 CFR 
351.214(b)(2)(i), and (iii)(A), Shanghai Taiside and Shino-Food 
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 to the 
United States during the POI. Furthermore, the two companies have 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), Shanghai Taiside and Shino-Food 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.
    On July 14, 2005, the Department issued a pre-initiation 
supplemental questionnaire to Shanghai Taiside to clarify certain 
information submitted in their request to the Department for a new 
shipper review. In Shanghai Taiside's supplemental questionnaire 
response, dated July 18, 2005, Shanghai Taiside responded to the 
Department's request for clarification on its relationship to the 
importer of record, the merchandise under review, and entry 
documentation. Also, on July 26, 2005, Shanghai Taiside submitted 
comments on information obtained by the Department concerning their 
U.S. customer.
    The Department conducted Customs database queries to confirm that 
Shanghai Taiside's and Shino-Food's shipments 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 Shanghai Taiside and Shino-
Food and their U.S. customers.

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 new shipper reviews for 
Shanghai Taiside and Shino-Food. See Memorandum to the File through 
James C. Doyle, ``New Shipper Review Initiation Checklist,'' dated 
August 1, 2005. Although we found that Shanghai Taiside's U.S. customer 
had asserted in a trade show publication that it is a packing division 
of a Chinese exporter of honey, Shanghai Taiside asserts in its July 
26,

[[Page 45368]]

2005, submission that it is not affiliated with its U.S. customer. 
Therefore, for purposes of this initiation, we find that Shanghai 
Taiside and its U.S. customer are not affiliated. However, we will 
examine the issue of Shanghai Taiside's potential affiliation with its 
U.S. customer further during the course of the new shipper review. 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)(A) of the Department's 
regulations, the period of review (``POR'') for a new shipper review, 
initiated in the month immediately following the semi-annual 
anniversary month, will be the six-month period immediately preceding 
the semi-annual anniversary month. Therefore, the POR for the new 
shipper reviews of Shanghai Taiside and Shino-Food is December 1, 2004 
through May 31, 2005.
    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 Shanghai Taiside and Shino-Food, including a separate 
rates section. The review will proceed if the responses provide 
sufficient indication that Shanghai Taiside and Shino-Food are not 
subject to either de jure or de facto government control with respect 
to their exports of honey. However, if either Shanghai Taiside or 
Shino-Food does not demonstrate their eligibility for a separate rate, 
then that company will be deemed not separate from other companies that 
exported during the POI and the new shipper review will be rescinded as 
to that company.
    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 
importers, 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 Shanghai Taiside and Shino-Food. 
Specifically, since Shanghai Taiside and Shino-Food have stated that 
they are both the producers and exporters of the subject merchandise 
for the sales under review, we will instruct CBP to limit the bonding 
option only to entries of merchandise that were both exported and 
produced by Shanghai Taiside and Shino-Food, respectively.
    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: August 1, 2005.
Gary Taverman,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. E5-4236 Filed 8-4-05; 8:45 am]
BILLING CODE 3510-DS-S