[Federal Register: September 29, 2006 (Volume 71, Number 189)]
[Notices]
[Page 57469]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29se06-38]
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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: September 29, 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 August 31, 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 Maoming
Changxing Foods Co., Ltd. (``MCFC''). The period of review (``POR'')
for this new shipper review is February 1, 2006, through July 31,
2006.\1\
FOR FURTHER INFORMATION CONTACT: Michael Quigley or Christopher Riker,
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-
4047 or (202) 482-3441, respectively.
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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 semiannual request for a new shipper
review based on the anniversary month, February, was due to the
Department by the final day of August 2006. See 19 CFR
351.214(d)(1).
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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 MCFC on
August 31, 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), MCFC 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), MCFC
certified that, since the initiation of the investigation, it has never
been affiliated with any PRC 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), MCFC 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), MCFC submitted documentation establishing the
following: (1) the date on which it first shipped frozen warmwater
shrimp for export to the United States; (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
MCFC's shipment of subject merchandise during the POR had entered the
United States for consumption and had been suspended for antidumping
duties, and that there had been no subsequent shipments.
Initiation of New Shipper Reviews
Pursuant to section 751(a)(2)(B) of the Act, and 19 CFR 351.214, we
find that the request made by MCFC, a producer and exporter, meets the
threshold requirements for the initiation of a new shipper review for
the shipment of certain 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 (September
22, 2006).
Pursuant to 19 CFR 351.214(g)(1)(i)(B), if the new shipper review
is initiated in the month immediately following the semiannual
anniversary month, the period of review will be the six-month period
immediately preceding the semiannual anniversary month. Therefore, the
POR for this new shipper review will be February 1, 2006, through July
31, 2006. We intend to issue the preliminary results of this review no
later than 180 days from the date of initiation, and the final results
of this review no later than 90 days from the date on which the
preliminary results are issued. See section 751(a)(2)(B)(iv) of the
Act; 19 CFR 351.214(i)(1).
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.
Dated: September 22, 2006.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration
[FR Doc. E6-16070 Filed 9-29-06; 8:45 am]
BILLING CODE 3510-DR-S