[Federal Register Volume 76, Number 62 (Thursday, March 31, 2011)]
[Notices]
[Pages 17836-17837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-7619]
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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 Antidumping Duty New Shipper Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) has received a
request for a new shipper review (NSR) of the antidumping duty order on
certain preserved mushrooms from the People's Republic of China (PRC).
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 an
antidumping duty NSR of Zhangzhou Long Mountain Foods Co., Ltd. (Long
Mountain). The period of review (POR) of this NSR is February 1, 2010,
through January 31, 2011.
DATES: Effective Date: March 31, 2011.
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 28, 2011, the Department
received a request for an NSR from Long Mountain. In its request for
review, Long Mountain identified itself as both exporter and producer
of the subject merchandise. The Department determined that Long
Mountain's request contained certain deficiencies and requested that it
correct its submission. See March 15, 2011 letter from Robert James,
Program Manager, to Long Mountain. In accordance with the Department's
requests, Long Mountain corrected the problems in its initial
submission in a revised submission dated March 18, 2011. For the
purpose of initiating this NSR, the Department determines that Long
Mountain's request for an NSR was 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), Long Mountain certified that (1)
It did not export subject merchandise to the United States during the
period of investigation (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 it has 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) of the Act and19 CFR
351.214(b)(2)(iii)(A)); and (3) its 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), Long Mountain submitted documentation establishing
the following: (1) The date on which it first shipped subject
merchandise to the United States; (2) the volume of its first shipment;
and (3) the date of its first sale to an unaffiliated customers in the
United States. In accordance with 19 CFR 351.214(b)(2)(iv)(B), Long
Mountain also provided the volume of its one subsequent shipment, dated
January 30, 2011, which the company indicated was in transit to the
United States.
Initiation of Review
Based on information on the record, and in accordance with section
751(a)(2)(B) of the Act and 19 CFR 351.214(d), we find the request Long
Mountain submitted meets the statutory and regulatory requirements for
initiation of an NSR. See Memorandum 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, 2011. Accordingly, we are initiating an NSR of the
antidumping duty order on certain preserved mushrooms from the PRC
produced and exported by Long Mountain. This review covers the period
February 1, 2010, through January 31, 2011. We intend to issue the
preliminary results of this review no later than 180 days after the
date on which this review is initiated, and the
[[Page 17837]]
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, generally, Wooden Bedroom Furniture from the People's
Republic of China: Preliminary Results of Antidumping Duty New Shipper
Reviews, 75 FR 72794 (November 26, 2010), unchanged in Wooden Bedroom
Furniture from the People's Republic of China: Final Results of
Antidumping Duty New Shipper Reviews, 76 FR 9747 (February 22, 2011).
Accordingly, we will issue a questionnaire to Long Mountain that will
include a separate rates section. This review will proceed if the
response provides sufficient indication that Long Mountain is not
subject to either de jure or de facto government control with respect
to its shipments of preserved mushrooms.
Upon initiation, we will direct U.S. Customs and Border Protection
(CBP) to suspend liquidation of any unliquidated entries of subject
merchandise produced and exported by Long Mountain and 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 Long Mountain in accordance with section 751(a)(2)(B)(iii)
of the Act and 19 CFR 351.214(e). Because Long Mountain certified that
it both produced and exported the subject merchandise, the sales of
which form the basis for its NSR request, we will instruct CBP to
permit the use of a bond only for entries of subject merchandise where
Long Mountain acted both as producer and exporter.
To assist in its analysis of the bona fides of Long Mountain's
sales, upon initiation of this NSR, the Department will require Long
Mountain to submit on an ongoing basis complete transaction information
concerning any sales of subject merchandise to the United States that
were made subsequent to the POR.
Interested parties requiring access to business proprietary
information in this NSR should submit applications for disclosure under
administrative protective order in accordance with 19 CFR 351.305 and
351.306.
This notice serves as a reminder that any party submitting factual
information in an AD/CVD proceeding must certify to the accuracy and
completeness of that information. See Section 782(b) of the Act.
Parties are hereby reminded that revised certification requirements are
in effect for company/government officials as well as their
representatives in all AD/CVD investigations or proceedings initiated
on or after March 14, 2011. See Certification of Factual Information to
Import Administration During Antidumping and Countervailing Duty
Proceedings: Interim Final Rule, 76 FR 7491 (February 10, 2011)
(Interim Final Rule) amending 19 CFR 351.303(g)(1) and (2). The formats
for the revised certifications are provided at the end of the Interim
Final Rule. The Department intends to reject factual submissions in
investigations/proceedings initiated on or after March 14, 2011 if the
submitting party does not comply with the revised certification
requirements.
Dated: March 24, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2011-7619 Filed 3-30-11; 8:45 am]
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