[Federal Register: April 2, 2007 (Volume 72, Number 62)]
[Notices]
[Page 15657-15658]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02ap07-23]
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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 New Shipper Antidumping Duty Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: April 2, 2007.
SUMMARY: On February 20, 2007, the Department of Commerce (``the
Department'') received a request from the exporter and producer Ayecue
(Liaocheng) Foodstuff Co., Ltd. (``Ayecue'') to conduct 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 a NSR of Ayecue.
FOR FURTHER INFORMATION CONTACT: Thomas Martin or Mark Manning; AD/CVD
Operations, Office 4, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Ave., NW., Washington, DC 20230; telephone: (202) 482-3936
or (202) 482-5253, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department received a timely request from Ayecue on February
20, 2007, in accordance with section 751(a)(2)(B) of the Act and 19 CFR
351.214(c), for a NSR of the antidumping duty order on certain
preserved mushrooms from the PRC, which has a February anniversary
month. 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).
Upon review, the Department determinated that Ayecue's February 20,
2007, request was deficient in certain areas. The Department issued a
supplemental to Ayecue on February 27, 2007. On March 19, 2007, Ayecue
submitted a revised request for a NSR that provided the requested
information.
Ayecue identified itself as a producer and exporter of preserved
mushrooms. As required by 19 CFR 351.214(b)(2)(i) and (iii)(A), Ayecue
certified that it did not export 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 exported
preserved mushrooms to the United States during the POI. Furthermore,
the company also certified that its export activities are not
controlled by the 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), Ayecue 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. Based on
the information submitted by Ayecue, we have determined that Ayecue has
met the statutory and regulatory requirements for the initiation of a
NSR. The Department queried the U.S. Customs and Border Protection
(``CBP'') entry database to confirm that the shipment made by Ayecue
had officially entered the United States via assignment of an entry
date in the Customs database by CBP. In addition, the Department
confirmed the existence of Ayecue and its U.S. customer.
Initiation of Review
In accordance with section 751(a)(2)(B) of the Act and 19 CFR
351.214(d)(1), and based on information on the record, we are
initiating a NSR for Ayecue. See Memorandum to the File, from Thomas
Martin, International Trade Compliance Analyst, through Abdelali
Elouaradia, Director, Office 4, AD/CVD Operations, ``Initiation of
Antidumping Duty New Shipper Review: Certain Preserved Mushrooms from
the People's Republic of China,'' dated March 27, 2007. 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), the period of review
(``POR'') for a NSR, 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 NSR of Ayecue is
February 1, 2006, through January 31, 2007.
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 Notice of Final Determination of Sales at Less Than
Fair Value: Bicycles From the People's Republic of China, 61 FR 19026,
19027 (April 30, 1996). Accordingly, we will issue a questionnaire to
Ayecue, including a separate rates section. The review will proceed if
the responses provide sufficient indication that Ayecue is not subject
to either de jure or de facto government control with respect to its
exports of preserved mushrooms. However, if Ayecue does not demonstrate
its eligibility for a separate rate, then the company will be deemed
not separate from other companies that exported during the POI and the
NSR will be rescinded as to the company.
[[Page 15658]]
On August 17, 2006, the Pension Protection Act of 2006 (H.R. 4) was
signed into law. Section 1632 of H.R. 4 temporarily suspends the
authority of the Department to instruct CBP to collect a bond or other
security in lieu of a cash deposit in NSRs. Therefore, the posting of a
bond under section 751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e)
in lieu of a cash deposit is not available in this case. Importers of
subject merchandise manufactured and exported by Ayecue must continue
to pay a cash deposit of estimated antidumping duties on each entry of
subject merchandise at the current PRC-wide rate of 198.63 percent.
Interested parties that require access to proprietary information
in this NSR 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)(2)(B) of the Act, 19 CFR 351.214(d), and 19 CFR
351.221(c)(1)(i).
Dated: March 27, 2007.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E7-6062 Filed 3-30-07; 8:45 am]
BILLING CODE 3510-DS-S