Certain Preserved Mushrooms from the People(s Republic of China: Initiation of New Shipper Review, 18772-18773 [E8-7208]
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Federal Register / Vol. 73, No. 67 / Monday, April 7, 2008 / Notices
subsidy practices found in the
investigation and the new subsidy
allegations. Because the Department
requires additional time to review,
analyze, and possibly verify the
information, and to issue supplemental
questionnaires, if necessary, it is not
practicable to complete this review
within the originally anticipated time
limit (i.e., by May 2, 2008). Therefore,
the Department is extending the time
limit for completion of the preliminary
results by 90 days to not later than July
31, 2008, in accordance with section
751(a)(3)(A) of the Act.
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: March 31, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E8–7212 Filed 4–4–08; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
(A–570–851)
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: April 7, 2008.
SUMMARY: The Department of Commerce
(the ‘‘Department’’) has received a
request from Zhangzhou Golden Banyan
Foodstuffs Industrial Co., Ltd. (‘‘Golden
Banyan’’),1 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
Golden Banyan, in accordance with
section 751(a)(2)(B) of the Tariff Act of
rfrederick on PROD1PC67 with NOTICES
AGENCY:
1 Zhangzhou Golden Banyan Foodstuffs
Industrial Co., Ltd., has applied to the Zhangzhou
Municipal Industrial and Commercial
Administrative Bureau (‘‘Commercial
Administrative Bureau’’) to change its name to
Fujian Golden Banyan Foodstuffs Industrial Co.,
Ltd. On December 21, 2007, the Commercial
Administrative Bureau granted Golden Banyan
advanced approval for the company’s requested
name change. However, Golden Banyan is still
waiting for the name change to apply to the
company’s business license and certificate of
approval. Accordingly, Golden Banyan submitted
its request for a new shipper review under both the
company’s current and pending corporate names.
VerDate Aug<31>2005
15:24 Apr 04, 2008
Jkt 214001
1930, as amended (‘‘the Act’’), and 19
CFR 351.214(d).
FOR FURTHER INFORMATION CONTACT:
Shawn Higgins; 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)
482–0679.
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 Golden Banyan on February 29,
2008, which is during the annual
anniversary month.
Golden Banyan 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), Golden Banyan
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), Golden Banyan
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),
Golden Banyan 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 Golden
Banyan had officially entered subject
merchandise into the United States via
assignment of an entry date in the
Customs database by CBP. The
Department issued Golden Banyan a
supplemental questionnaire, focused on
inconsistencies we observed between
PO 00000
Frm 00041
Fmt 4703
Sfmt 4703
information supplied in Golden
Banyan’s NSR request and the CBP data,
on March 11, 2008. On March 20, 2008,
the Department received a timely
response from Golden Banyan to the
supplemental questionnaire.
We note that although Golden Banyan
submitted documentation regarding the
volume of its shipment and the date of
their first sale to an unaffiliated
customer in the United States, our
customs query shows that Golden
Banyan’s shipment entered the United
States shortly after the anniversary
month. Under 19 CFR 351.214(f)(2)(ii),
when the sale of the subject
merchandise occurs within the period of
review (‘‘POR’’), but the entry occurs
after the normal POR, the POR may be
extended unless it would be likely to
prevent the completion of the review
within the time limits set by the
Department’s regulations. The preamble
to the Department’s regulations states
that both the entry and the sale should
occur during the POR, and that under
‘‘appropriate’’ circumstances the
Department has the flexibility to extend
the POR. See Antidumping Duties;
Countervailing Duties; Final Rule, 62 FR
27296, 27319–27320 (May 19, 1997). In
this instance, Golden Banyan’s
shipment entered a few days into the
month following the end of the POR.
The Department does not find that this
delay prevents the completion of the
review within the time limits set by the
Department’s regulations.
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
Golden Banyan has met the statutory
and regulatory requirements for the
initiation of a NSR. Therefore, we are
initiating a NSR for Golden Banyan. See
Memorandum to the File, from Shawn
Higgins, 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 March 31,
2008.
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)(A), the POR for a NSR
initiated in the month immediately
following the anniversary month will be
E:\FR\FM\07APN1.SGM
07APN1
rfrederick on PROD1PC67 with NOTICES
Federal Register / Vol. 73, No. 67 / Monday, April 7, 2008 / Notices
the twelve month period immediately
preceding the anniversary month. As
discussed above, under 19 CFR
351.214(f)(2)(ii), when the sale of the
subject merchandise occurs within the
POR, but the entry occurs after the
normal POR, the POR may be extended.
Therefore, the POR for the NSR of
Golden Banyan is February 1, 2007,
through February 29, 2008.
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 Golden Banyan,
including a separate rates section. The
review will proceed if the responses
provide sufficient indication that
Golden Banyan is not subject to either
de jure or de facto government control
with respect to its exports of preserved
mushrooms. However, if Golden Banyan
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 Golden
Banyan 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).
VerDate Aug<31>2005
15:24 Apr 04, 2008
Jkt 214001
Dated: March 31, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E8–7208 Filed 4–4–08; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
A–351–840
Certain Orange Juice from Brazil:
Preliminary Results and Partial
Rescission of Antidumping Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request by the
petitioners and two producers/exporters
of the subject merchandise, the
Department of Commerce (the
Department) is conducting an
administrative review of the
antidumping duty order on certain
orange juice (OJ) from Brazil with
respect to two producers/exporters of
the subject merchandise to the United
States. This is the first period of review
(POR), covering August 24, 2005,
through February 28, 2007.
We have preliminarily determined
that sales to the United States have been
made below normal value (NV). If these
preliminary results are adopted in the
final results of this review, we will
instruct U.S. Customs and Border
Protection (CBP) to assess antidumping
duties on all appropriate entries.
In addition, we have preliminarily
determined to rescind the review with
respect to one company because it had
no shipments of subject merchandise
during the POR. Interested parties are
invited to comment on the preliminary
results.
EFFECTIVE DATE: April 7, 2008.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Eastwood, AD/CVD
Operations, Office 2, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–3874.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
In March 2006, the Department
published in the Federal Register an
antidumping duty order on certain
orange juice from Brazil. See
Antidumping Duty Order: Certain
Orange Juice from Brazil, 71 FR 12183
(Mar. 9, 2006) (OJ Order). Subsequently,
PO 00000
Frm 00042
Fmt 4703
Sfmt 4703
18773
on February 2, 2007, the Department
published in the Federal Register a
notice of opportunity to request an
administrative review of the
antidumping duty order of certain
orange juice from Brazil for the period
August 24, 2005, through February 28,
2007. See Antidumping or
Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity
to Request Administrative Review, 72
FR 9505 (Feb. 2, 2007).
In accordance with 19 CFR
351.213(b)(2), on March 12 and 14,
2007, the Department received requests
to conduct an administrative review of
the antidumping duty order on OJ from
Brazil from Fischer S/A - Agroindustria
(Fischer) and Sucocitrico Cutrale, S.A.
(Cutrale), respectively. In accordance
with 19 CFR 351.213(b)(1), on March 30,
2007, the petitioners (Florida Citrus
Mutual, A. Duda & Sons, Citrus World
Inc., and Southern Gardens Citrus
Processing Corporation), also requested
that the Department conduct an
administrative review for Cutrale and
Fischer, as well as for one additional
producer/exporter, Coinbra–Frutesp
(SA)/Louis Dreyfus Citrus (Coinbra–
Frutesp).
In April 2007, the Department
initiated an administrative review for
each of these companies. See Initiation
of Antidumping and Countervailing
Duty Administrative Reviews, 72 FR
20986 (Apr. 27, 2007). Also in April
2007, we issued questionnaires to them.
On May 1, 2007, Coinbra–Frutesp
informed the Department that it made
no entries of subject merchandise
during the POR. We confirmed this
claim with CBP information; therefore,
we are preliminarily rescinding the
review with respect to this company.
For further discussion, see the ‘‘Partial
Rescission of Review’’ section of this
notice, below.
On May 21 and 22, 2007, we received
responses to section A of the
questionnaire (i.e., the section covering
general information) from Cutrale and
Fischer, respectively. We received
responses to sections B and C of the
questionnaire (i.e., the sections covering
sales in the home market and United
States) from Fischer on June 1, 2007,
and from Cutrale on June 12, 2007. We
received responses to section D of the
questionnaire (i.e., the section covering
cost of production (COP)/constructed
value (CV)) from Cutrale on June 12,
2007, and from Fischer on June 25,
2007.
From August 2007 through March
2008, we issued supplemental sales and
cost questionnaires to Cutrale and
Fischer. We received responses to these
E:\FR\FM\07APN1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 67 (Monday, April 7, 2008)]
[Notices]
[Pages 18772-18773]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-7208]
-----------------------------------------------------------------------
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: April 7, 2008.
SUMMARY: The Department of Commerce (the ``Department'') has received a
request from Zhangzhou Golden Banyan Foodstuffs Industrial Co., Ltd.
(``Golden Banyan''),\1\ 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
Golden Banyan, in accordance with section 751(a)(2)(B) of the Tariff
Act of 1930, as amended (``the Act''), and 19 CFR 351.214(d).
---------------------------------------------------------------------------
\1\ Zhangzhou Golden Banyan Foodstuffs Industrial Co., Ltd., has
applied to the Zhangzhou Municipal Industrial and Commercial
Administrative Bureau (``Commercial Administrative Bureau'') to
change its name to Fujian Golden Banyan Foodstuffs Industrial Co.,
Ltd. On December 21, 2007, the Commercial Administrative Bureau
granted Golden Banyan advanced approval for the company's requested
name change. However, Golden Banyan is still waiting for the name
change to apply to the company's business license and certificate of
approval. Accordingly, Golden Banyan submitted its request for a new
shipper review under both the company's current and pending
corporate names.
FOR FURTHER INFORMATION CONTACT: Shawn Higgins; 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) 482-0679.
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 Golden Banyan on February 29, 2008, which is during the annual
anniversary month.
Golden Banyan 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), Golden Banyan 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), Golden Banyan 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), Golden Banyan 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 Golden Banyan had officially
entered subject merchandise into the United States via assignment of an
entry date in the Customs database by CBP. The Department issued Golden
Banyan a supplemental questionnaire, focused on inconsistencies we
observed between information supplied in Golden Banyan's NSR request
and the CBP data, on March 11, 2008. On March 20, 2008, the Department
received a timely response from Golden Banyan to the supplemental
questionnaire.
We note that although Golden Banyan submitted documentation
regarding the volume of its shipment and the date of their first sale
to an unaffiliated customer in the United States, our customs query
shows that Golden Banyan's shipment entered the United States shortly
after the anniversary month. Under 19 CFR 351.214(f)(2)(ii), when the
sale of the subject merchandise occurs within the period of review
(``POR''), but the entry occurs after the normal POR, the POR may be
extended unless it would be likely to prevent the completion of the
review within the time limits set by the Department's regulations. The
preamble to the Department's regulations states that both the entry and
the sale should occur during the POR, and that under ``appropriate''
circumstances the Department has the flexibility to extend the POR. See
Antidumping Duties; Countervailing Duties; Final Rule, 62 FR 27296,
27319-27320 (May 19, 1997). In this instance, Golden Banyan's shipment
entered a few days into the month following the end of the POR. The
Department does not find that this delay prevents the completion of the
review within the time limits set by the Department's regulations.
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 Golden Banyan has met the statutory and regulatory
requirements for the initiation of a NSR. Therefore, we are initiating
a NSR for Golden Banyan. See Memorandum to the File, from Shawn
Higgins, 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 March 31, 2008.
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)(A), the POR for a NSR initiated
in the month immediately following the anniversary month will be
[[Page 18773]]
the twelve[dash1]month period immediately preceding the anniversary
month. As discussed above, under 19 CFR 351.214(f)(2)(ii), when the
sale of the subject merchandise occurs within the POR, but the entry
occurs after the normal POR, the POR may be extended. Therefore, the
POR for the NSR of Golden Banyan is February 1, 2007, through February
29, 2008.
In cases involving non[dash1]market economies, the Department
requires that a company seeking to establish eligibility for an
antidumping duty rate separate from the country[dash1]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 Golden Banyan, including a separate rates section. The
review will proceed if the responses provide sufficient indication that
Golden Banyan is not subject to either de jure or de facto government
control with respect to its exports of preserved mushrooms. However, if
Golden Banyan 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 Golden
Banyan 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: March 31, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E8-7208 Filed 4-4-08; 8:45 am]
BILLING CODE 3510-DS-S
