[Federal Register Volume 75, Number 61 (Wednesday, March 31, 2010)]
[Notices]
[Pages 16075-16076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7355]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-851]
Certain Preserved Mushrooms From the People's Republic of China:
Notice of Initiation of Antidumping Duty New Shipper Reviews
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) has received
requests for new shipper reviews of the antidumping duty order on
certain preserved mushrooms from the People's Republic of China (PRC).
See Notice of Amendment of Final Determination of Sales at Less Than
Fair Value and Antidumping Duty Order: Certain Preserved Mushrooms From
the People's Republic of China, 64 FR 8308 (February 19, 1999). In
accordance with section 751(a)(2)(B) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.214(d), we are initiating antidumping
duty new shipper reviews of Zhangzhou Tongfa Foods Industry Co., Ltd.
(Tongfa) and Shandong Fengyu Edible Fungus Corporation Ltd. (Fengyu).
The period of investigation (POI) of these new shipper reviews is
February 1, 2009 through January 31, 2010.
DATES: Effective Date: March 31, 2010.
FOR FURTHER INFORMATION CONTACT: Fred Baker, Scott Hoefke, or Robert
James, AD/CVD Operations, Office 7, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW., Washington, DC 20230, telephone:
(202) 482-2924, (202) 482-4947, or (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 19, 1999, the Department published the antidumping duty
order on certain preserved mushrooms from the PRC. See Notice of
Amendment of Final Determination of Sales at Less Than Fair Value and
Antidumping Duty Order: Certain Preserved Mushrooms From the People's
Republic of China, 64 FR 8308 (February 19, 1999). Thus, the
antidumping duty order on certain preserved mushrooms from the PRC has
a February anniversary month. On February 25, 2010 and February 26,
2010, the Department received requests for new shipper reviews from
Tongfa and Fengyu, respectively. In their respective requests for
reviews, Tongfa and Fengyu identified themselves as both exporters and
producers of the
[[Page 16076]]
subject merchandise. The Department determined that both requests
contained certain deficiencies and requested that both respondents
correct their submissions. See March 11, 2010 and March 17, 2009
letters from Robert James, Program Manager, to Tongfa and Fengyu,
respectively. In accordance with the Department's requests, Tongfa and
Fengyu corrected the problems in their initial submissions in revised
submissions dated March 18, 2010 and March 23, 2010, respectively. For
the purpose of initiating these new shipper reviews, the Department
determines that Tongfa and Fengyu's original submissions were timely
filed.
Pursuant to the requirements set forth in section 751(a)(2)(B)(i)
of the Act and 19 CFR 351.214(b)(2), Tongfa and Fengyu certified that
(1) they did not export subject merchandise to the United States during
the POI (see section 751(a)(2)(B)(i)(I) of the Act and 19 CFR
351.214(b)(2)(i); (2) since the initiation of the investigation they
have never been affiliated with any company that exported subject
merchandise to the United States during the POI, including those
companies not individually examined during the investigation (see
section 751(a)(2)(B)(i)(II) and19 CFR 351.214(b)(2)(iii)(A)); and (3)
their export activities were not controlled by the central government
of the PRC (see 19 CFR 351.214(b)(2)(iii)(B)). Additionally, in
accordance with 19 CFR 351.214(b)(2)(iv), Tongfa and Fengyu submitted
documentation establishing the following: (1) The date on which they
first shipped subject merchandise to the United States; (2) the volume
of their first shipments; and (3) the date of their first sales to
unaffiliated customers in the United States. They also certified they
had no shipments to the United States during the period subsequent to
their first shipments.
Initiation of Reviews
Based on information on the record and in accordance with section
751(a)(2)(B) of the Act and section 351.214(d) of the Department's
regulations, we find that the requests Tongfa and Fengyu submitted meet
the statutory and regulatory requirements for initiation of new shipper
reviews. See Memoranda to the File through Richard Weible, ``Initiation
of AD New Shipper Review: Certain Preserved Mushrooms from the People's
Republic of China (A-570-851),'' dated March 31, 2010. Accordingly, we
are initiating new shipper reviews of the antidumping duty order on
certain preserved mushrooms from the PRC manufactured and exported by
Tongfa and Fengyu. These reviews cover the period February 1, 2009
through January 31, 2010. We intend to issue the preliminary results of
these reviews no later than 180 days after the date on which these
reviews are initiated, and the final results within 90 days after the
date on which we issue the preliminary results. See section
751(a)(2)(B)(iv) of the Act and 19 CFR 351.214(h)(i).
In cases involving non-market economies, the Department requires
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. See, e.g., Wooden Bedroom Furniture from the People's
Republic of China: Initiation of Antidumping Duty New Shipper Reviews,
75 FR 10214, 10215 (March 5, 2010). Accordingly, we will issue
questionnaires to Tongfa and Fengyu that will include a separate rates
section. These reviews will proceed if the response provides sufficient
indication that Tongfa and Fengyu are not subject to either de jure or
de facto government control with respect to their exports of preserved
mushrooms. However, if Tongfa and Fengyu do not demonstrate eligibility
for separate rates, they will be deemed not to have met the
requirements of section 751(2)(B)(i) of the Act and 19 CFR
351.214(b)(2)(i), and therefore not separate from the PRC-wide entity.
We will therefore rescind the new shipper reviews. See, e.g., Certain
Preserved Mushrooms from the People's Republic of China: Notice of
Initiation of Antidumping Duty New Shipper Review, 74 FR 15698 (April
7, 2009).
We will instruct the 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 certain entries of the subject
merchandise produced and exported by Tongfa and produced and exported
by Fengyu in accordance with section 751(a)(2)(B)(iii) of the Act and
19 CFR 351.214(e). Because Tongfa and Fengyu certified that they both
produce and export the subject merchandise, the sales of which form the
basis for their new shipper review requests, we will instruct CBP to
permit the use of a bond only for entries of subject merchandise which
Tongfa and Fengyu both produced and exported.
Interested parties may submit applications for disclosure under
administrative protective order in accordance with 19 CFR 351.305 and
351.306.
These initiations and this notice are issued and published in
accordance with section 751(a)(2)(B) of the Act and 19 CFR 351.214 and
351.221(c)(1)(i).
Dated: March 26, 2010.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2010-7355 Filed 3-30-10; 8:45 am]
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