[Federal Register: March 23, 2006 (Volume 71, Number 56)]
[Notices]
[Page 14681-14682]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23mr06-29]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-893]
Certain Frozen Warmwater Shrimp from the People's Republic of
China: Initiation of New Shipper Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: March 23, 2006.
SUMMARY: The Department of Commerce (``Department'') has determined
that a request to conduct a new shipper review of the antidumping duty
order on frozen warmwater shrimp from the People's Republic of China
(``PRC''), received on February 22, 2006, meets the statutory and
regulatory requirements for initiation. Therefore, in accordance with
19 CFR 351.214(d), we are initiating a new shipper review for Hai Li
Aquatic Co., Ltd. Zhao An, Fujian (also known as Haili Aquatic Co. Ltd.
Zhaoan, Fujian) (``Hai Li''). The period of review (``POR'') for this
new shipper review is July 16, 2004, through January 31, 2006.\1\
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\1\ The antidumping duty order for certain frozen warmwater
shrimp from PRC was published on February 1, 2005. See Notice of
Amended Final Determination of Sales at Less Than Fair Value and
Antidumping Duty Order: Certain Frozen Warmwater Shrimp From the
People's Republic of China, 70 FR 5149 (February 1, 2005) (``PRC
Shrimp Order''). Therefore, a request for a new shipper review based
on the anniversary month, February, was due to the Department by the
final day of February 2006. See 19 CFR 351.214(d)(1).
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[[Page 14682]]
FOR FURTHER INFORMATION CONTACT: Christopher Riker or Scot Fullerton,
AD/CVD Operations, Import Administration, Office 9, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
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3441 or (202) 482-1386, respectively.
SUPPLEMENTARY INFORMATION:
Background
The notice announcing the antidumping duty order on certain frozen
warmwater shrimp from the PRC was published on February 1, 2005. See
PRC Shrimp Order. The Department received a timely request from Hai Li
on February 22, 2006, pursuant to section 751(a)(2)(B) of the Tariff
Act of 1930, as amended (``the Act''), and in accordance with 19 CFR
351.214(c), for a new shipper review of the antidumping duty order on
frozen warmwater shrimp from the PRC.
Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR
351.214(b)(2)(I), Hai Li certified that it did not export frozen
warmwater shrimp to the United States during the period of
investigation (``POI''). In addition, pursuant to section
751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), Hai Li
certified that, since the initiation of the investigation, it has never
been affiliated with any Chinese exporter or producer who exported
frozen warmwater shrimp 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), Hai Li also certified that its export
activities were not controlled by the central government of the PRC.
In addition to the certifications described above, pursuant to 19
CFR 351.214(b)(2)(iv), Hai Li submitted documentation establishing the
following: (1) the date on which it first shipped frozen warmwater
shrimp for export to the United States and the date on which the frozen
warmwater shrimp was first entered, or withdrawn from warehouse, for
consumption; (2) the volume of its first shipment (and certification of
no subsequent shipments); and (3) the date of its first sale to an
unaffiliated customer in the United States.
The Department conducted customs database queries to confirm that
Hai Li's shipment of subject merchandise during the POR 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 made by Hai Li, a producer and
exporter, meets the threshold requirements for the initiation of a new
shipper review for the shipment of frozen warmwater shrimp from the
PRC. See Memorandum to the File through James C. Doyle, Director, AD/
CVD Operations, Office 9, from Christopher D. Riker, Program Manager,
AD/CVD Operations, Office 9: New Shipper Initiation Checklist, dated
March 17, 2006).
The POR for this new shipper review is July 16, 2004, through
January 31, 2006. See 19 CFR 351.214(g)(1)(ii)(A). We intend to issue
preliminary results of this review no later than 180 days from the date
of initiation, and final results of this review no later than 270 days
from the date of initiation. See section 751 (a)(2)(B)(iv) of the Act.
Because Hai Li has certified that it produced and exported the
frozen and warmwater shrimp on which it based its request for a new
shipper review, 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 frozen warmwater shimp that
was both produced and exported by Hai Li until the completion of the
new shipper review, pursuant to section 751(a)(2)(B)(iii) of the Act.
Interested parties needing access to proprietary information in
this new shipper review 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 and 19 CFR 351.214(d).
Dated: March 17, 2006.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E6-4221 Filed 3-22-06; 8:45 am]
BILLING CODE 3510-DS-S