[Federal Register: October 7, 2005 (Volume 70, Number 194)]
[Notices]
[Page 58686]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07oc05-40]
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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 Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: October 7, 2005.
SUMMARY: The Department of Commerce (the ``Department'') has determined
that a request for a new shipper review of the antidumping duty order
on certain preserved mushrooms from the People's Republic of China
(``PRC''), received before August 31, 2005, meets the statutory and
regulatory requirements for initiation. The period of review (``POR'')
of this new shipper review is February 1, 2005, through July 31, 2005.
FOR FURTHER INFORMATION CONTACT: Paul Walker at (202) 482-0413, 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
On February 19, 1999, the Department published in the Federal
Register an amended final determination and 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). The notice of opportunity to
request an administrative review on certain preserved mushrooms from
the PRC was published on February 1, 2005. See Notice of opportunity to
request administrative review of antidumping or countervailing duty
order, finding, or suspended investigation, 70 FR 5136 (February 1,
2005).\1\ On August 23, 2005, we received a new shipper review request
from an exporter Guangxi Eastwing Trading Co., Ltd. (``Guangxi
Eastwing'') and its supplier Raoping CXF Foods, Inc. (``Raoping CXF'').
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\1\ Therefore, a request for a new shipper review based on the
semi-annual anniversary month, August, would be due to the
Department by the last day in August 2005. See 19 CFR 351.214(d)(1).
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Pursuant to section 751(a)(2)(B)(i)(I) of the Tariff act of 1930
(the ``Act'') and 19 CFR 351.214(b)(2)(i), Guangxi Eastwing certified
that it did not export preserved mushrooms to the United States during
the period of investigation (``POI''). In addition, pursuant to section
751(a)(2)(B)(i)(I) of the Act and 19 CFR 351.214(b)(2)(ii)(B), Raoping
CFX, the producer of the mushrooms exported by Guangxi Eastwing,
provided a certification that it did not export the subject merchandise
to the United States during the POI. In addition, pursuant to section
751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A),
Guangxi Eastwing certified that, since the initiation of the
investigation, it has never been affiliated with any exporter or
producer who exported preserved mushrooms to the United States during
the POI, including those not individually examined during the
investigation. As required by 19 CFR 351.214(b)(2)(iii)(B), Guangxi
Eastwing also certified that its export activities were not controlled
by the central government of the PRC.
In addition to the certifications described above, Guangxi Eastwing
submitted documentation establishing the following: (1) the date on
which it first shipped preserved mushrooms for export to the United
States; (2) the volume of its first shipment; and (3) the date of its
first sale to an unaffiliated customer in the United States.
The Department conducted customs database queries to substantiate
that Guangxi Eastwing's shipment of subject merchandise had entered the
United States for consumption and had been suspended for antidumping
duties.
Initiation of New Shipper Reviews
Pursuant to section 751(a)(2)(B) of the Act and 19 CFR
351.214(d)(1), we find that the request submitted by Guangxi Eastwing
meets the threshold requirements for initiation of a new shipper review
for shipments of preserved mushrooms from the PRC produced by Raoping
CXF and exported by Guangxi Eastwing.
The POR is February 1, 2005, through July 31, 2005. See 19 CFR
351.214(g)(1)(i)(B). We intend to issue preliminary results of this
review no later than 180 days from the date of initiation, and final
result of this review no later than 270 days from the date of
initiation. See section 751(a)(2)(B)(iv) of the Act.
Guangxi Eastwing has certified that it exported, but did not
produce, the preserved mushrooms on which it based its request for a
new shipper review. Therefore, we will instruct U.S. Customs and Border
Protection to allow, at the option of the importer, the posting of a
bond or security in lieu of a cash deposit for each entry of preserved
mushrooms that were produced by Raoping CXF and exported by Guangxi
Eastwing until the completion of the new shipper review, pursuant to
section 751(a)(2)(B)(iii) of the Act.
Interested parties that need access to proprietary information in
this new shipper review should submit applications for disclosure under
administrative protective order in accordance with 19 CFR 351.305 and
351.306.
This initiation and notice are published in accordance with section
751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).
Dated: September 30, 2005.
Barbara E. Tillman,
Acting Assistant Secretaryfor Import Administration.
[FR Doc. E5-5542 Filed 10-6-05; 8:45 am]
BILLING CODE 3510-DS-S