Certain Preserved Mushrooms from the People's Republic of China: Initiation of New Shipper Review, 54899-54900 [E7-19135]

Download as PDF Federal Register / Vol. 72, No. 187 / Thursday, September 27, 2007 / Notices E. Tax and Duty Exclusivity Comment 2: Surrogate Financial Ratios Comment 3: Hongqiao Margin Calculation [FR Doc. E7–19128 Filed 9–26–07; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–851] Certain Preserved Mushrooms From the People’s Republic of China: Extension of Time Limit for Final Results of the Tenth Antidumping Duty New Shipper Review Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: September 27, 2007. AGENCY: Julia Hancock, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–1394. FOR FURTHER INFORMATION CONTACT: Additionally, as stated in the Preliminary Results, the Department intends to verify, as provided in section 782(i)(3) of the Act, sales and cost information submitted by the respondent, Jisheng. See Preliminary Results, 72 FR at 45735. As a result of the extraordinarily complicated issues raised in this review segment, including Jisheng’s and its importer’s legal structure, and the additional time needed to evaluate Jisheng’s response to our questions, and analyze the information that will be gathered at Jisheng’s sales and cost verification, it is not practicable to complete this new shipper review within the current time limit. Accordingly, the Department is extending the time limit for the completion of the final results by 60 days until December 16, 2007, in accordance with section 751(a)(2)(B)(iv) of the Act and 19 CFR 351.214(i)(2). However, because December 16, 2007, falls on a Sunday, the final results will be due on December 17, 2007, the next business day. We are issuing and publishing this notice in accordance with sections 751(a)(2)(B) and 777(i)(1) of the Act. Dated: September 17, 2007. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E7–19107 Filed 9–26–07; 8:45 am] Background On July 19, 2007, the Department of Commerce (‘‘the Department’’) issued the preliminary results of this new shipper review. See Certain Preserved BILLING CODE 3510–DS–P Mushrooms from the People’s Republic of China: Preliminary Results of the Antidumping Duty New Shipper Review, DEPARTMENT OF COMMERCE 72 FR 45734 (August 15, 2007) International Trade Administration (‘‘Preliminary Results’’). (A–570–851) rwilkins on PROD1PC63 with NOTICES Extension of Time Limits for Final 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 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 final results of a new shipper review to 150 days if it determines that the case is extraordinarily complicated. See section 751(a)(2)(B)(iv) of the Act, and 19 CFR 351.214(i)(2). On August 30, 2007, the Department sent a supplemental questionnaire to the respondent in this review, Guangxi Jisheng Foods, Inc. (‘‘Jisheng’’), regarding information Jisheng and its importer had placed on the record about their respective legal structure. VerDate Aug<31>2005 16:40 Sep 26, 2007 Jkt 211001 Certain Preserved Mushrooms from the People’s Republic of China: Initiation of New Shipper Review Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: September 27, 2007. SUMMARY: The Department of Commerce (‘‘the Department’’) has received a request from Dujiangyan Xingda Foodstuff Co., Ltd. (‘‘Xingda’’), a producer and exporter of preserved mushrooms, to conduct a new shipper review (‘‘NSR’’) of the antidumping duty order on certain preserved mushrooms from the People’s Republic of China (‘‘PRC’’). Since this request meets the statutory and regulatory requirements for initiation, the Department is initiating a NSR of Xingda, in accordance with section 751(a)(2)(B) of the Tariff Act of 1930, as amended (‘‘the Act’’), and 19 CFR 351.214(d). AGENCY: PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 54899 FOR FURTHER INFORMATION CONTACT: Thomas Martin or Mark Manning; AD/ CVD Operations, Office 4, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Ave., NW, Washington, DC 20230; telephone: (202) 482–3936 and (202) 482–5253, respectively. SUPPLEMENTARY INFORMATION: Background On February 19, 1999, the Department published the 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). Thus, the antidumping duty order on certain preserved mushrooms from the PRC has a February anniversary month. The Department received a request for a NSR from Xingda on August 30, 2007, which is during the semiannual anniversary month. See 19 CFR 351.214(d)(2). Xingda identified itself as a producer and exporter of preserved mushrooms. Pursuant to section 751(a)(2)(B)(i)(I) of the Act, and 19 CFR 351.214(b)(2)(i), Xingda certified that it did not export preserved mushrooms to the United States during the period of investigation (‘‘POI’’). Pursuant to section 751(a)(2)(B)(i)(II) of the Act, and 19 CFR 351.214(b)(2)(iii)(A), Xingda also certified that it has never been affiliated with any exporter or producer that exported preserved mushrooms to the United States during the POI. Furthermore, the company also certified that its export activities are not controlled by the government of the PRC, satisfying the requirement of 19 CFR 351.214(b)(2)(iii)(B). Pursuant to 19 CFR 351.214(b)(2)(iv), Xingda submitted documentation establishing the date on which the subject merchandise was first entered for consumption in the United States, the volume of that first shipment and any subsequent shipments, and the date of the first sale to an unaffiliated customer in the United States. The Department queried the U.S. Customs and Border Protection (‘‘CBP’’) entry database, which confirmed that Xingda had officially entered subject merchandise into the United States via assignment of an entry date in the Customs database by CBP. Initiation of Review Based on the information on the record, and in accordance with section 751(a)(2)(B) of the Act and 19 CFR 351.214(d)(1), we have determined that E:\FR\FM\27SEN1.SGM 27SEN1 rwilkins on PROD1PC63 with NOTICES 54900 Federal Register / Vol. 72, No. 187 / Thursday, September 27, 2007 / Notices Xingda has met the statutory and regulatory requirements for the initiation of a NSR. Therefore, we are initiating a NSR for Xingda. See Memorandum to the File, from Thomas Martin, International Trade Compliance Analyst, through Abdelali Elouaradia, Director, Office 4, AD/CVD Operations, ‘‘Initiation of Antidumping Duty New Shipper Review: Certain Preserved Mushrooms from the People’s Republic of China,’’ dated September 21, 2007. We intend to issue the preliminary results of this review not later than 180 days after the date on which this review is initiated, and the final results of this review within 90 days after the date on which the preliminary results are issued. See section 751(a)(2)(B)(iv) of the Act; 19 CFR 351.214(h)(i). Pursuant to 19 CFR 351.214(g)(1)(i)(B), the period of review (‘‘POR’’) for a NSR initiated in the month immediately following the semiannual anniversary month will be the six-month period immediately preceding the semiannual anniversary month. Therefore, the POR for the NSR of Xingda is February 1, 2007, through July 31, 2007. In cases involving non–market economies, the Department requires that a company seeking to establish eligibility for an antidumping duty rate separate from the country–wide rate provide evidence of de jure and de facto absence of government control over the company’s export activities. See Notice of Final Determination of Sales at Less Than Fair Value: Bicycles From the People’s Republic of China, 61 FR 19026, 19027 (April 30, 1996). Accordingly, we will issue a questionnaire to Xingda, including a separate rates section. The review will proceed if the responses provide sufficient indication that Xingda is not subject to either de jure or de facto government control with respect to its exports of preserved mushrooms. However, if Xingda does not demonstrate its eligibility for a separate rate, then the company will be deemed not separate from other companies that exported during the POI and the NSR will be rescinded as to the company. On August 17, 2006, the Pension Protection Act of 2006 (H.R. 4) was signed into law. Section 1632 of H.R. 4 temporarily suspends the authority of the Department to instruct CBP to collect a bond or other security in lieu of a cash deposit in NSRs. Therefore, the posting of a bond or other security under section 751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e) in lieu of a cash deposit is not available in this case. Importers of subject merchandise produced and exported by Xingda must VerDate Aug<31>2005 16:40 Sep 26, 2007 Jkt 211001 continue to pay a cash deposit of estimated antidumping duties on each entry of subject merchandise at the current PRC–wide rate of 198.63 percent. Interested parties that require access to proprietary information in this NSR should submit applications for disclosure under administrative protective order in accordance with 19 CFR 351.305 and 351.306. This initiation and notice are in accordance with section 751(a)(2)(B) of the Act, 19 CFR 351.214, and 19 CFR 351.221(c)(1)(i). Dated: September 21, 2007. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E7–19135 Filed 9–26–07; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Proposed Information Collection; Comment Request; Weather Modification Activities Reports National Oceanic and Atmospheric Administration (NOAA), Department of Commerce. ACTION: Notice. AGENCY: SUMMARY: The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104–13 (44 U.S.C. 3506(c)(2)(A)). Written comments must be submitted on or before November 26, 2007. DATES: Direct all written comments to Diana Hynek, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at dHynek@doc.gov). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument(s) and instructions should be directed to Karen Williams, R/LC, 1315 East-West Hwy, Silver Spring, MD 20910–3282, phone (301) 734–1196 or karen.williams@noaa.gov. ADDRESSES: SUPPLEMENTARY INFORMATION: PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 I. Abstract Section 6(b) of Public Law 92–205 requires that persons who engage in weather modification activities (e.g., cloud seeding) provide reports prior to and after the activity. They are also required to maintain certain records. The requirements are detailed in 15 CFR part 908. NOAA uses the data for scientific research, historical statistics, international reports, and other purposes. II. Method of Collection Paper forms and recordkeeping are used. III. Data OMB Number: 0648–0025. Form Number: NOAA Forms 17–4 and 17–4A. Type of Review: Regular submission. Affected Public: Business or other forprofit organizations. Estimated Number of Respondents: 55. Estimated Time per Response: 30 minutes per report; 5 hours per year for record keeping. Estimated Total Annual Burden Hours: 240. Estimated Total Annual Cost to Public: $275. IV. Request for Comments Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. Dated: September 21, 2007. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E7–19046 Filed 9–26–07; 8:45 am] BILLING CODE 3510–KD–P E:\FR\FM\27SEN1.SGM 27SEN1

Agencies

[Federal Register Volume 72, Number 187 (Thursday, September 27, 2007)]
[Notices]
[Pages 54899-54900]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-19135]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-570-851)


Certain Preserved Mushrooms from the People's Republic of China: 
Initiation of New Shipper Review

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

EFFECTIVE DATE: September 27, 2007.
SUMMARY: The Department of Commerce (``the Department'') has received a 
request from Dujiangyan Xingda Foodstuff Co., Ltd. (``Xingda''), a 
producer and exporter of preserved mushrooms, to conduct a new shipper 
review (``NSR'') of the antidumping duty order on certain preserved 
mushrooms from the People's Republic of China (``PRC''). Since this 
request meets the statutory and regulatory requirements for initiation, 
the Department is initiating a NSR of Xingda, in accordance with 
section 751(a)(2)(B) of the Tariff Act of 1930, as amended (``the 
Act''), and 19 CFR 351.214(d).

FOR FURTHER INFORMATION CONTACT: Thomas Martin or Mark Manning; AD/CVD 
Operations, Office 4, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Ave., NW, Washington, DC 20230; telephone: (202) 482-3936 
and (202) 482-5253, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On February 19, 1999, the Department published the 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). Thus, the 
antidumping duty order on certain preserved mushrooms from the PRC has 
a February anniversary month. The Department received a request for a 
NSR from Xingda on August 30, 2007, which is during the semiannual 
anniversary month. See 19 CFR 351.214(d)(2).
    Xingda identified itself as a producer and exporter of preserved 
mushrooms. Pursuant to section 751(a)(2)(B)(i)(I) of the Act, and 19 
CFR 351.214(b)(2)(i), Xingda certified that it did not export preserved 
mushrooms to the United States during the period of investigation 
(``POI''). Pursuant to section 751(a)(2)(B)(i)(II) of the Act, and 19 
CFR 351.214(b)(2)(iii)(A), Xingda also certified that it has never been 
affiliated with any exporter or producer that exported preserved 
mushrooms to the United States during the POI. Furthermore, the company 
also certified that its export activities are not controlled by the 
government of the PRC, satisfying the requirement of 19 CFR 
351.214(b)(2)(iii)(B).
    Pursuant to 19 CFR 351.214(b)(2)(iv), Xingda submitted 
documentation establishing the date on which the subject merchandise 
was first entered for consumption in the United States, the volume of 
that first shipment and any subsequent shipments, and the date of the 
first sale to an unaffiliated customer in the United States. The 
Department queried the U.S. Customs and Border Protection (``CBP'') 
entry database, which confirmed that Xingda had officially entered 
subject merchandise into the United States via assignment of an entry 
date in the Customs database by CBP.

Initiation of Review

    Based on the information on the record, and in accordance with 
section 751(a)(2)(B) of the Act and 19 CFR 351.214(d)(1), we have 
determined that

[[Page 54900]]

Xingda has met the statutory and regulatory requirements for the 
initiation of a NSR. Therefore, we are initiating a NSR for Xingda. See 
Memorandum to the File, from Thomas Martin, International Trade 
Compliance Analyst, through Abdelali Elouaradia, Director, Office 4, 
AD/CVD Operations, ``Initiation of Antidumping Duty New Shipper Review: 
Certain Preserved Mushrooms from the People's Republic of China,'' 
dated September 21, 2007. We intend to issue the preliminary results of 
this review not later than 180 days after the date on which this review 
is initiated, and the final results of this review within 90 days after 
the date on which the preliminary results are issued. See section 
751(a)(2)(B)(iv) of the Act; 19 CFR 351.214(h)(i).
    Pursuant to 19 CFR 351.214(g)(1)(i)(B), the period of review 
(``POR'') for a NSR initiated in the month immediately following the 
semiannual anniversary month will be the six-month period immediately 
preceding the semiannual anniversary month. Therefore, the POR for the 
NSR of Xingda is February 1, 2007, through July 31, 2007.
    In cases involving non-market economies, the Department requires 
that a company seeking to establish eligibility for an antidumping duty 
rate separate from the country-wide rate provide evidence of de jure 
and de facto absence of government control over the company's export 
activities. See Notice of Final Determination of Sales at Less Than 
Fair Value: Bicycles From the People's Republic of China, 61 FR 19026, 
19027 (April 30, 1996). Accordingly, we will issue a questionnaire to 
Xingda, including a separate rates section. The review will proceed if 
the responses provide sufficient indication that Xingda is not subject 
to either de jure or de facto government control with respect to its 
exports of preserved mushrooms. However, if Xingda does not demonstrate 
its eligibility for a separate rate, then the company will be deemed 
not separate from other companies that exported during the POI and the 
NSR will be rescinded as to the company.
    On August 17, 2006, the Pension Protection Act of 2006 (H.R. 4) was 
signed into law. Section 1632 of H.R. 4 temporarily suspends the 
authority of the Department to instruct CBP to collect a bond or other 
security in lieu of a cash deposit in NSRs. Therefore, the posting of a 
bond or other security under section 751(a)(2)(B)(iii) of the Act and 
19 CFR 351.214(e) in lieu of a cash deposit is not available in this 
case. Importers of subject merchandise produced and exported by Xingda 
must continue to pay a cash deposit of estimated antidumping duties on 
each entry of subject merchandise at the current PRC-wide rate of 
198.63 percent.
    Interested parties that require access to proprietary information 
in this NSR should submit applications for disclosure under 
administrative protective order in accordance with 19 CFR 351.305 and 
351.306.
    This initiation and notice are in accordance with section 
751(a)(2)(B) of the Act, 19 CFR 351.214, and 19 CFR 351.221(c)(1)(i).

    Dated: September 21, 2007.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E7-19135 Filed 9-26-07; 8:45 am]
BILLING CODE 3510-DS-S