Certain Preserved Mushrooms from the People's Republic of China: Extension of Time Limit for Preliminary Results of the 2005 New Shipper Review, 14173-14174 [E6-4068]

Download as PDF Federal Register / Vol. 71, No. 54 / Tuesday, March 21, 2006 / Notices of the total amount of antidumping duties calculated for the examined sales to the total entered value of the examined sales for each importer as reported by Vinh Hoan and CATACO. In accordance with 19 CFR 351.106(c)(2), we will instruct CBP to liquidate, without regard to antidumping duties, all entries of subject merchandise during the POR for which the importer– specific assessment rate is zero or de minimis (i.e., less than 0.50 percent). To determine whether the per–unit duty assessment rates are de minimis, in accordance with the requirement set forth in 19 CFR 351.106(c)(2), we calculated importer–specific ad valorem ratios based on export prices. We will direct CBP to apply the resulting assessment rates to the entered customs values for the subject merchandise on each of the importer’s entries during the review period. The Department will issue appropriate assessment instructions directly to the CBP within 15 days of publication of the final results of this administrative review. sroberts on PROD1PC70 with NOTICES Cash Deposit Requirements The following cash–deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided for by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for each of the reviewed companies that received a separate rate in this review will be the rate listed in the final results of review (except that if the rate for a particular company is de minimis, i.e., less than 0.5 percent, no cash deposit will be required for that company); (2) for previously investigated companies not listed above, the cash deposit rate will continue to be the company–specific rate published for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or the original LTFV investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; and (4) the cash deposit rate for all other manufacturers or exporters (including Phan Quan) will be the Vietnam–wide rate of 63.88 percent, as explained in the Final Decision Memo and CATACO Final Analysis Memo. These deposit requirements, when imposed, shall remain in effect until publication of the final results of the next administrative review. VerDate Aug<31>2005 19:01 Mar 20, 2006 Jkt 208001 14173 Reimbursement of Duties DEPARTMENT OF COMMERCE This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in the Department’s presumption that reimbursement of antidumping duties has occurred and the subsequent assessment of doubled antidumping duties. International Trade Administration Administrative Protective Orders This notice also serves as a reminder to parties subject to administrative protective orders (‘‘APO’’) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. We are issuing and publishing this administrative review and notice in accordance with sections 751(a)(1) and 777(i) of the Act. Dated: March 13, 2006. David M. Spooner, Assistant Secretary for Import Administration. Appendix I – Decision Memorandum ISSUES FOR THE FINAL RESULTS: Comment 1: Total Adverse Facts Available (‘‘AFA’’) for CATACO Comment 2: AFA Calculation Methodology Comment 3: Surrogate Factor Valuations (Whole Fish, Fish Oil, Fish Waste) Comment 4: Byproduct Offset Cap Comment 5: Importer–Specific Assessment Rates Comment 6: Vinh Hoan Verification Clarifications (Byproduct Packing, Capacity, Telephone Communications) [FR Doc. E6–4070 Filed 3–20–06; 8:45 am] Frm 00010 Fmt 4703 Certain Preserved Mushrooms from the People’s Republic of China: Extension of Time Limit for Preliminary Results of the 2005 New Shipper Review Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: March 21, 2006. FOR FURTHER INFORMATION CONTACT: Alex Villanueva or Matthew Renkey, AD/ CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W., Washington, D.C. 20230; telephone: (202) 482–3208 and (202) 482–2312, respectively. SUPPLEMENTARY INFORMATION: AGENCY: 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 Department received a timely request from Guangxi Eastwing Trading Co., Ltd. (‘‘Eastwing’’), in accordance with 19 CFR 351.214(c), for a new shipper review of the antidumping duty order on certain preserved mushrooms from the People’s Republic of China, which has a February annual anniversary month and an August semi–annual anniversary month. On September 30, 2005, the Department initiated a review with respect to Eastwing. See Certain Preserved Mushrooms from the People’s Republic of China: Initiation of New Shipper Review, 70 FR 58686 (October 7, 2005). The Department has issued the initial antidumping duty questionnaire and supplemental questionnaires to Eastwing. The deadline for completion of the preliminary results is currently March 29, 2006. Extension of Time Limits for Preliminary Results Section 751(a)(2)(B)(iv) of the Tariff Act of 1930, as amended (‘‘the Act’’), and 19 CFR 351.214(i)(1) require the Department to issue the preliminary results of a new shipper review within BILLING CODE 3510–DS–S PO 00000 A–570–851 Sfmt 4703 E:\FR\FM\21MRN1.SGM 21MRN1 14174 Federal Register / Vol. 71, No. 54 / Tuesday, March 21, 2006 / Notices 180 days after the date on which the new shipper review was initiated and final results of a review within 90 days after the date on which the preliminary results were issued. The Department may, however, extend the deadline for completion of the preliminary results of a new shipper review to 300 days if it determines that the case is extraordinarily complicated. See 19 CFR 351.214(i)(2). Pursuant to section 751(a)(2)(B)(iv) of the Act and 19 CFR 351.214(i)(2), the Department determines that this review is extraordinarily complicated and that it is not practicable to complete the new shipper review within the current time limit. Specifically, the Department requires additional time to analyze all questionnaire responses, to conduct verification of the responses submitted, and to examine whether Eastwing’s U.S. sale was made on a bona fide basis. Accordingly, the Department is extending the time limit for the completion of the preliminary results by 90 days to June 27, 2006, in accordance with section 751(a)(2)(B)(iv) of the Act and 19 CFR 351.214(i)(2). The final results, in turn, will be due 90 days after the date of issuance of the preliminary results, unless extended. We are issuing and publishing this notice in accordance with sections 751(a)(2) and 777(i)(1) of the Act. Dated: March 14, 2006. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E6–4068 Filed 3–20–06; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration C–580–851 Dynamic Random Access Memory Semiconductors from the Republic of Korea: Final Results of Countervailing Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On September 15, 2005, the Department of Commerce (‘‘the Department’’) published in the Federal Register its preliminary results of administrative review of the countervailing duty order on dynamic random access memory semiconductors (‘‘DRAMS’’) from the Republic of Korea (‘‘Korea’’) for the period April 7, 2003, through December 31, 2003. This review covers one company, Hynix Semiconductor, Inc. (‘‘Hynix’’). sroberts on PROD1PC70 with NOTICES AGENCY: VerDate Aug<31>2005 19:01 Mar 20, 2006 Jkt 208001 We gave interested parties an opportunity to comment on the preliminary results. Based on information received since the preliminary results and our analysis of the comments received, the Department has revised the net subsidy rate for Hynix. The final net subsidy rate for the reviewed company is listed below in the section entitled ‘‘Final Results of Review.’’ EFFECTIVE DATE: March 21, 2006. FOR FURTHER INFORMATION CONTACT: Ryan Langan, Natalie Kempkey, or Andrew McAllister, AD/CVD Operations, Office 1, Import Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–2613, (202) 482– 1698, or (202) 482–1174, respectively. SUPPLEMENTARY INFORMATION: Background Since the publication of the preliminary results of this review (see Dynamic Random Access Memory Semiconductors from the Republic of Korea: Preliminary Results of Countervailing Duty Administrative Review, 70 FR 54525 (September 15, 2005) (‘‘Preliminary Results’’)), the following events have occurred: On September 16, 2005, the Department had a disclosure meeting with Micron Technology, Inc. (‘‘Micron’’) regarding the Preliminary Results calculations (see Memorandum to the File, ‘‘Disclosure Meeting with Counsel for Micron Technology Inc.,’’ dated September 16, 2005). Also, on September 16, the Department revised its August 31, 2005, calculation memorandum (see Memorandum to the File, ‘‘Revision of the Preliminary Determination Calculation Memorandum,’’ dated September 16, 2005). On October 18, 2005, the Department met with officials from Micron and Infineon Technologies North America Corp. to discuss alleged irregularities with regard to Hynix’s payment of countervailing duties (understating entered value). See Memorandum to the File, ‘‘Meeting with Counsel for Micron Technology, Inc. and Infineon Technologies North America Corp.,’’ dated October 20, 2005. As a follow up to the October 18, 2005, meeting, on November 2, 2005, Micron submitted a letter requesting the Department to further investigate Hynix’s alleged understatement of entered value. We invited interested parties to comment on the Preliminary Results. On October 24, 2005, we received a case brief and request for a hearing from Hynix and case briefs from Micron and PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 the Government of Korea (‘‘GOK’’). We received rebuttal briefs from Micron and Hynix on November 7, 2005. On November 14, 2005, Micron submitted comments on the bracketing of Hynix’s October 24, 2005, case brief. On November 16, 2005, we extended the time limit for the final results of this administrative review by 60 days (to March 14, 2006), pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as amended (‘‘the Act’’). (See Dynamic Random Access Memory Semiconductors from the Republic of Korea: Notice of Extension of Time Limit for Countervailing Duty Administrative Review, 70 FR 69514 (November 16, 2005)). On November 30, 2005, the Department provided Hynix the opportunity to submit any additional information regarding shipments of subject merchandise to a foreign trade zone (‘‘FTZ’’). On December 6, 2005, the Department asked Micron to identify alleged inconsistencies in Hynix’s bracketing. On December 7, 2005, Micron responsed to the Department’s December 6, 2005, letter. On December 9, 2005, the Department rejected Hynix’ October 24, 2005, case brief due to improper bracketing and requested that Hynix resubmit its case brief. On December 12, 2005, Hynix resubmitted its October 24, 2005, case brief with revised bracketing. On December 14, 2005, Hynix re–filed its December 12, 2005, case brief with additional bracketing revisions. On December 14, 2005, Hynix also provided a response to the Department’s November 30, 2005, letter regarding the company’s shipments to an FTZ. On December 23, 2005, the Department gave Micron the opportunity to submit comments on the new factual information contained in Hynix’ November 7, 2005, rebuttal brief. On December 30, 2005, Micron submitted comments in response to the Department’s December 23, 2005, letter. A public hearing was held at the Department on January 10, 2006. Scope of the Order The products covered by this order are dynamic random access memory semiconductors (DRAMS) from Korea, whether assembled or unassembled. Assembled DRAMS include all package types. Unassembled DRAMS include processed wafers, uncut die, and cut die. Processed wafers fabricated in Korea, but assembled into finished semiconductors (DRAMS) outside Korea are also included in the scope. Processed wafers fabricated outside Korea and assembled into finished E:\FR\FM\21MRN1.SGM 21MRN1

Agencies

[Federal Register Volume 71, Number 54 (Tuesday, March 21, 2006)]
[Notices]
[Pages 14173-14174]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-4068]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

A-570-851


Certain Preserved Mushrooms from the People's Republic of China: 
Extension of Time Limit for Preliminary Results of the 2005 New Shipper 
Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: March 21, 2006.

FOR FURTHER INFORMATION CONTACT: Alex Villanueva or Matthew Renkey, AD/
CVD Operations, Office 9, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, N.W., Washington, D.C. 20230; telephone: (202) 
482-3208 and (202) 482-2312, respectively.

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 Department received a timely 
request from Guangxi Eastwing Trading Co., Ltd. (``Eastwing''), in 
accordance with 19 CFR 351.214(c), for a new shipper review of the 
antidumping duty order on certain preserved mushrooms from the People's 
Republic of China, which has a February annual anniversary month and an 
August semi-annual anniversary month. On September 30, 2005, the 
Department initiated a review with respect to Eastwing. See Certain 
Preserved Mushrooms from the People's Republic of China: Initiation of 
New Shipper Review, 70 FR 58686 (October 7, 2005).
    The Department has issued the initial antidumping duty 
questionnaire and supplemental questionnaires to Eastwing. The deadline 
for completion of the preliminary results is currently March 29, 2006.

Extension of Time Limits for Preliminary Results

    Section 751(a)(2)(B)(iv) of the Tariff Act of 1930, as amended 
(``the Act''), and 19 CFR 351.214(i)(1) require the Department to issue 
the preliminary results of a new shipper review within

[[Page 14174]]

180 days after the date on which the new shipper review was initiated 
and final results of a review within 90 days after the date on which 
the preliminary results were issued. The Department may, however, 
extend the deadline for completion of the preliminary results of a new 
shipper review to 300 days if it determines that the case is 
extraordinarily complicated. See 19 CFR 351.214(i)(2).
    Pursuant to section 751(a)(2)(B)(iv) of the Act and 19 CFR 
351.214(i)(2), the Department determines that this review is 
extraordinarily complicated and that it is not practicable to complete 
the new shipper review within the current time limit. Specifically, the 
Department requires additional time to analyze all questionnaire 
responses, to conduct verification of the responses submitted, and to 
examine whether Eastwing's U.S. sale was made on a bona fide basis. 
Accordingly, the Department is extending the time limit for the 
completion of the preliminary results by 90 days to June 27, 2006, in 
accordance with section 751(a)(2)(B)(iv) of the Act and 19 CFR 
351.214(i)(2). The final results, in turn, will be due 90 days after 
the date of issuance of the preliminary results, unless extended.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(2) and 777(i)(1) of the Act.

    Dated: March 14, 2006.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E6-4068 Filed 3-20-06; 8:45 am]
BILLING CODE 3510-DS-S
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