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]
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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withdrawn from warehouse, for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.
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19:01 Mar 20, 2006
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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]
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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
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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’’).
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AGENCY:
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19:01 Mar 20, 2006
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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
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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
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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]
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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