Certain Preserved Mushrooms from the People's Republic of China: Notice of Partial Rescission of Antidumping Duty Administrative Review, 48911 [E6-13876]
Download as PDF
Federal Register / Vol. 71, No. 162 / Tuesday, August 22, 2006 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
(A–570–851)
Certain Preserved Mushrooms from
the People’s Republic of China: Notice
of Partial Rescission of Antidumping
Duty Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: August 22, 2006.
FOR FURTHER INFORMATION CONTACT:
Brian Smith or Terre Keaton, AD/CVD
Operations, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, N.W.,
Washington, D.C. 20230; telephone:
(202) 482–1766 or (202) 482–1280,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
cprice-sewell on PROD1PC66 with NOTICES
Background
On February 1, 2006, the Department
of Commerce (‘‘the Department’’)
published in the Federal Register a
notice of ‘‘Opportunity to Request
Administrative Review’’ of the
antidumping duty order on certain
preserved mushrooms from the People’s
Republic of China (‘‘PRC’’) covering the
period February 1, 2005, through
January 31, 2006. See Antidumping or
Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity
to Request Administrative Review, 71
FR 5239 (February 1, 2006). On
February 27, 2006, Raoping CXF Foods
(‘‘Raoping CXF’’) requested an
administrative review of its sales. On
February 28, 2006, the petitioner1
requested an administrative review of
the antidumping duty order for, among
others, Blue Field (Sichuan) Food
Industrial Co., Ltd. (‘‘Blue Field’’),
Raoping Yucun Canned Foods Factory
(‘‘Raoping Yucun’’), and Shandong Jiufa
Edible Fungus Co., Ltd. (‘‘Jiufa’’).2 On
April 5, 2006, the Department published
a notice of initiation of an
administrative review of the
1 The petitioner is the Coalition for Fair Preserved
Mushroom Trade which includes the following
companies: L.K. Bowman, Inc., Monterey
Mushrooms, Inc., Mushroom Canning Company,
and Sunny Dell Foods, Inc.
2 The petitioner also requested a review for the
following companies: China National Cereals, Oils
& Foodstuffs Import & Export Corporation, China
Processed Food Import & Export Company, COFCO
(Zhangzhou) Food Industrial Co., Ltd., Gerber Food
(Yunnan) Co., Ltd., Green Fresh Foods (Zhangzhou)
Co., Ltd., Guangxi Eastwing Trading Co., Ltd.,
Guangxi Hengxian Pro-Light Foods, Inc., Guangxi
Yulin Oriental Food Co., Ltd., Primera Harvest
(Xiangfan) Co., Ltd., and Xiamen Jiahua Import &
Export Trading Co., Ltd.
VerDate Aug<31>2005
15:34 Aug 21, 2006
Jkt 208001
antidumping duty order on certain
preserved mushrooms from the PRC
with respect to these companies. See
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews and Deferral of Administrative
Reviews, 71 FR 17077, 17079 (April 5,
2006) (‘‘Initiation Notice’’).
On April 26, 2006, Raoping CXF
withdrew its request for review. In
addition, in response to the
Department’s April 6, 2006, quantity
and value questionnaire, Blue Field,
Jiufa, and Raoping Yucun each stated
that it had no exports, sales or entries
of subject merchandise to the United
States during the period of review
(‘‘POR’’).3
On July 12, 2006, the Department
placed on the record a list of
manufacturers/exporters of the subject
merchandise for which the Department
initiated administrative reviews, and for
which U.S. Customs and Border
Protection (‘‘CBP’’) suspended
liquidation of subject entries during the
POR. See the July 12, 2006,
memorandum from Brian Smith to the
file entitled, ‘‘2005–2006 Administrative
Review of Certain Preserved Mushrooms
from the PRC: CBP List of Exporters’’
(‘‘July 12, 2006, Memorandum’’).
On August 2, 2006, the Department
stated that the information contained in
the July 12, 2006, Memorandum
corroborated Blue Field’s, Jiufa’s, and
Raoping Yucun’s no–shipment claims
for the POR, and that it intended to
rescind the administrative review with
respect to these companies. See the
August 2, 2006, memorandum from
Brian Smith to the file entitled, ‘‘Intent
to Rescind in Part the Antidumping
Duty Administrative Review on Certain
Preserved Mushrooms from the PRC’’
(‘‘August 2, 2006, Memorandum’’). The
Department also provided parties in this
review until August 9, 2006, to submit
comments on the August 2, 2006,
Memorandum. On August 9, 2006, Jiufa
stated that it did not oppose the
Department’s intention of rescinding
this review with respect to Jiufa. No
other parties submitted comments on
the August 2, 2006, Memorandum.
Partial Rescission of Review
Section 351.213(d)(1) of the
Department’s regulations stipulates that
the Secretary will rescind an
administrative review, in whole or in
part, if a party that requested a review
withdraws the request within 90 days of
the date of publication of notice of
initiation of the requested review,
3 See Blue Field’s April 27, 2006, letter at page
1; Raoping Yucun’s April 26, 2006, letter at page 1;
and Jiufa’s April 18, 2006, letter at page 1.
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
48911
unless the Secretary decides that it is
reasonable to extend this time limit. In
this case, Raoping CXF withdrew its
request for review before the 90-day
deadline. Because Raoping CXF was the
only party to request the administrative
review of itself, we are rescinding, in
part, this review of the antidumping
duty order on certain preserved
mushrooms from the PRC with respect
to Raoping CXF.
Section 351.213(d)(3) of the
Department’s regulations states that the
Secretary may rescind an administrative
review, in whole or in part, with respect
to a particular exporter or producer, if
the Secretary concludes that, during the
period covered by the review, there
were no entries, exports, or sales of the
subject merchandise. Therefore, we are
also rescinding this review with respect
to Blue Field, Jiufa, and Raoping Yucun
because the record evidence indicates
that these companies did not export
subject merchandise to the United
States during the POR.
This review will continue with
respect to the other companies listed in
the Initiation Notice.
Assessment
The Department will instruct CBP to
assess antidumping duties on all
appropriate entries. Antidumping duties
for the rescinded companies, where
applicable, shall be assessed at a rate
equal to the cash deposit of estimated
antidumping duties required at the time
of entry, or withdrawal from warehouse,
for consumption, in accordance with 19
CFR 351.212(c)(1)(i). The Department
will issue appropriate assessment
instructions directly to CBP within 15
days of publication of this notice.
This notice is published in
accordance with sections 751 and
777(i)(1) of the Tariff Act of 1930, as
amended, and 19 CFR 351.213(d)(4).
Dated: August 17, 2006.
Gary Taverman,
Acting Deputy Assistant Secretaryfor Import
Administration.
[FR Doc. E6–13876 Filed 8–21–06; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
A–423–808
Stainless Steel Plate in Coils from
Belgium: Notice of Rescission of
Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
U.S. Department of Commerce.
AGENCY:
E:\FR\FM\22AUN1.SGM
22AUN1
Agencies
[Federal Register Volume 71, Number 162 (Tuesday, August 22, 2006)]
[Notices]
[Page 48911]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-13876]
[[Page 48911]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
(A-570-851)
Certain Preserved Mushrooms from the People's Republic of China:
Notice of Partial Rescission of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: August 22, 2006.
FOR FURTHER INFORMATION CONTACT: Brian Smith or Terre Keaton, AD/CVD
Operations, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W.,
Washington, D.C. 20230; telephone: (202) 482-1766 or (202) 482-1280,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 1, 2006, the Department of Commerce (``the
Department'') published in the Federal Register a notice of
``Opportunity to Request Administrative Review'' of the antidumping
duty order on certain preserved mushrooms from the People's Republic of
China (``PRC'') covering the period February 1, 2005, through January
31, 2006. See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative Review,
71 FR 5239 (February 1, 2006). On February 27, 2006, Raoping CXF Foods
(``Raoping CXF'') requested an administrative review of its sales. On
February 28, 2006, the petitioner\1\ requested an administrative review
of the antidumping duty order for, among others, Blue Field (Sichuan)
Food Industrial Co., Ltd. (``Blue Field''), Raoping Yucun Canned Foods
Factory (``Raoping Yucun''), and Shandong Jiufa Edible Fungus Co., Ltd.
(``Jiufa'').\2\ On April 5, 2006, the Department published a notice of
initiation of an administrative review of the antidumping duty order on
certain preserved mushrooms from the PRC with respect to these
companies. See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Deferral of Administrative Reviews, 71 FR
17077, 17079 (April 5, 2006) (``Initiation Notice'').
---------------------------------------------------------------------------
\1\ The petitioner is the Coalition for Fair Preserved Mushroom
Trade which includes the following companies: L.K. Bowman, Inc.,
Monterey Mushrooms, Inc., Mushroom Canning Company, and Sunny Dell
Foods, Inc.
\2\ The petitioner also requested a review for the following
companies: China National Cereals, Oils & Foodstuffs Import & Export
Corporation, China Processed Food Import & Export Company, COFCO
(Zhangzhou) Food Industrial Co., Ltd., Gerber Food (Yunnan) Co.,
Ltd., Green Fresh Foods (Zhangzhou) Co., Ltd., Guangxi Eastwing
Trading Co., Ltd., Guangxi Hengxian Pro-Light Foods, Inc., Guangxi
Yulin Oriental Food Co., Ltd., Primera Harvest (Xiangfan) Co., Ltd.,
and Xiamen Jiahua Import & Export Trading Co., Ltd.
---------------------------------------------------------------------------
On April 26, 2006, Raoping CXF withdrew its request for review. In
addition, in response to the Department's April 6, 2006, quantity and
value questionnaire, Blue Field, Jiufa, and Raoping Yucun each stated
that it had no exports, sales or entries of subject merchandise to the
United States during the period of review (``POR'').\3\
---------------------------------------------------------------------------
\3\ See Blue Field's April 27, 2006, letter at page 1; Raoping
Yucun's April 26, 2006, letter at page 1; and Jiufa's April 18,
2006, letter at page 1.
---------------------------------------------------------------------------
On July 12, 2006, the Department placed on the record a list of
manufacturers/exporters of the subject merchandise for which the
Department initiated administrative reviews, and for which U.S. Customs
and Border Protection (``CBP'') suspended liquidation of subject
entries during the POR. See the July 12, 2006, memorandum from Brian
Smith to the file entitled, ``2005-2006 Administrative Review of
Certain Preserved Mushrooms from the PRC: CBP List of Exporters''
(``July 12, 2006, Memorandum'').
On August 2, 2006, the Department stated that the information
contained in the July 12, 2006, Memorandum corroborated Blue Field's,
Jiufa's, and Raoping Yucun's no-shipment claims for the POR, and that
it intended to rescind the administrative review with respect to these
companies. See the August 2, 2006, memorandum from Brian Smith to the
file entitled, ``Intent to Rescind in Part the Antidumping Duty
Administrative Review on Certain Preserved Mushrooms from the PRC''
(``August 2, 2006, Memorandum''). The Department also provided parties
in this review until August 9, 2006, to submit comments on the August
2, 2006, Memorandum. On August 9, 2006, Jiufa stated that it did not
oppose the Department's intention of rescinding this review with
respect to Jiufa. No other parties submitted comments on the August 2,
2006, Memorandum.
Partial Rescission of Review
Section 351.213(d)(1) of the Department's regulations stipulates
that the Secretary will rescind an administrative review, in whole or
in part, if a party that requested a review withdraws the request
within 90 days of the date of publication of notice of initiation of
the requested review, unless the Secretary decides that it is
reasonable to extend this time limit. In this case, Raoping CXF
withdrew its request for review before the 90-day deadline. Because
Raoping CXF was the only party to request the administrative review of
itself, we are rescinding, in part, this review of the antidumping duty
order on certain preserved mushrooms from the PRC with respect to
Raoping CXF.
Section 351.213(d)(3) of the Department's regulations states that
the Secretary may rescind an administrative review, in whole or in
part, with respect to a particular exporter or producer, if the
Secretary concludes that, during the period covered by the review,
there were no entries, exports, or sales of the subject merchandise.
Therefore, we are also rescinding this review with respect to Blue
Field, Jiufa, and Raoping Yucun because the record evidence indicates
that these companies did not export subject merchandise to the United
States during the POR.
This review will continue with respect to the other companies
listed in the Initiation Notice.
Assessment
The Department will instruct CBP to assess antidumping duties on
all appropriate entries. Antidumping duties for the rescinded
companies, where applicable, shall be assessed at a rate equal to the
cash deposit of estimated antidumping duties required at the time of
entry, or withdrawal from warehouse, for consumption, in accordance
with 19 CFR 351.212(c)(1)(i). The Department will issue appropriate
assessment instructions directly to CBP within 15 days of publication
of this notice.
This notice is published in accordance with sections 751 and
777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR
351.213(d)(4).
Dated: August 17, 2006.
Gary Taverman,
Acting Deputy Assistant Secretaryfor Import Administration.
[FR Doc. E6-13876 Filed 8-21-06; 8:45 am]
BILLING CODE 3510-DS-S