Certain Preserved Mushrooms From the People's Republic of China: Notice of Initiation of Antidumping Duty New Shipper Reviews, 57333-57334 [E8-23267]
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Federal Register / Vol. 73, No. 192 / Thursday, October 2, 2008 / Notices
Comment 2: Financial Statements
Comment 3: Financial Ratios
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Comment 11: Invoice Date
[FR Doc. E8–23284 Filed 10–1–08; 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: Notice
of Initiation of Antidumping Duty New
Shipper Reviews
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) has received two
requests for new shipper reviews of the
antidumping duty order on certain
preserved mushrooms from the People’s
Republic of China (PRC). See Notice of
Antidumping Duty order: Certain
Preserved Mushrooms from the People’s
Republic of China, 64 FR 8310
(February 19, 1999). In accordance with
section 751(a)(2)(B) of the Tariff Act of
1930, as amended (the Tariff Act), and
19 CFR 351.214(d) (2008), we are
initiating antidumping duty new
shipper reviews of Zhejiang Iceman
Group Co., Ltd. (Zhejiang Iceman) and
Zhangzhou Gangchang Foods Co., Ltd.
(Zhangzhou Gangchang). The period of
review (POR) of these new shipper
reviews is February 1, 2008, through
July 31, 2008.
DATES: Effective Date: October 2, 2008.
FOR FURTHER INFORMATION CONTACT:
Tyler Weinhold or Robert James, AD/
CVD Operations, Office 7, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230,
telephone: (202) 482–1121 or (202) 482–
0649, respectively.
SUPPLEMENTARY INFORMATION:
mstockstill on PROD1PC66 with NOTICES
AGENCY:
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
VerDate Aug<31>2005
17:52 Oct 01, 2008
Jkt 217001
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 has a February
anniversary month and a semiannual
anniversary month of August. The
Department received a request for new
shipper reviews from Zhangzhou
Gangchang and Zhejiang Iceman on
August 29, 2008. See August 29, 2008,
letter from Zhangzhou Gangchang to the
Secretary of Commerce requesting a new
shipper review; and August 29, 2008,
letter from Zhejiang Iceman to the
Secretary of Commerce requesting a new
shipper review. Therefore, pursuant to
19 CFR 351.214(d), Zhangzhou
Gangchang and Zhejiang Iceman both
made their requests during the
semiannual anniversary month.
Pursuant to section 751(a)(2)(B)(i) of
the Tariff Act and 19 CFR 351.214(b),
Zhangzhou Gangchang certified that it is
both an exporter and producer of the
subject merchandise, and that it did not
export subject merchandise to the
United States during the period of the
investigation (POI) (July 1, 1997,
through December 31, 1997). See section
751(a)(2)(B)(i)(I) of the Tariff Act and 19
CFR 351.214(b)(2)(i). Likewise, Zhejiang
Iceman certified that it is both an
exporter and producer of the subject
merchandise, and that it did not export
subject merchandise to the United
States during the POI. Id. Pursuant to
section 751(a)(2)(B)(i)(II) of the Tariff
Act and 19 CFR 351.214(b)(2)(iii)(A),
Zhangzhou Gangchang and Zhejiang
Iceman both certified that since the
investigation was initiated, they have
not been affiliated with any producer or
exporter who exported the subject
merchandise to the United States during
the POI. Because these new shipper
reviews involve imports from a nonmarket economy country, in accordance
with 19 CFR 351.214(b)(2)(iii)(B),
Zhangzhou Gangchang and Zhejiang
Iceman also certified that their export
activities are not controlled by the
central government. Pursuant to 19 CFR
351.214(b)(2)(iv), Zhangzhou Gangchang
and Zhejiang Iceman also submitted
documentation establishing the date on
which they first shipped the subject
merchandise to the United States, the
volume of that shipment, and the date
of their first sale to an unaffiliated
customer in the United States.
Zhangzhou Gangchang and Zhejiang
Iceman also certified they had no
shipments to the United States during
the period subsequent to their first
shipments.
The Department conducted a Customs
database query in an attempt to confirm
PO 00000
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Fmt 4703
Sfmt 4703
57333
that Zhangzhou Gangchang’s and
Zhejiang Iceman’s shipments of subject
merchandise entered the United States
for consumption and that liquidation of
such entries had been suspended for
antidumping duties. See September 26,
2008, Zhangzhou Gangchang New
Shipper Review Initiation Checklist,
question 18; and Zhejiang Iceman New
Shipper Review Initiation Checklist,
question 18. The Department also
examined whether U.S. Customs and
Border Protection (CBP) confirmed that
such entries were made during the new
shipper review POR.
Initiation of Review
Based on information on the record
and in accordance with section
751(a)(2)(B) of the Act and section
351.214(d) of the Department’s
regulations, we find that the requests
Zhangzhou Gangchang and Zhejiang
Iceman submitted meet the statutory
and regulatory requirements for
initiation of a new shipper review.
Accordingly, we are initiating new
shipper reviews of the antidumping
duty order on certain preserved
mushrooms from the People’s Republic
of China manufactured and exported by
Zhangzhou Gangchang and Zhejiang
Iceman. These reviews cover the period
February 1, 2008 through July 31, 2008.
We intend to issue the preliminary
results of these reviews no later than
180 days after the date on which this
review is initiated, and the final results
within 90 days after the date on which
we issue the preliminary results. See
section 751(a)(2)(B)(iv) of the Act and 19
CFR 351.214(h)(i).
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
questionnaires to Zhangzhou Gangchang
and Zhejiang Iceman, each of which
will include a separate rates section.
These reviews will proceed if the
responses provide sufficient indication
that Zhangzhou Gangchang and
Zhejiang Iceman are not subject to either
de jure or de facto government control
with respect to its exports of preserved
mushrooms. However, if either
Zhangzhou Gangchang or Zhejiang
Iceman do not demonstrate eligibility
for a separate rates, then the respective
company will be deemed not separate
E:\FR\FM\02OCN1.SGM
02OCN1
57334
Federal Register / Vol. 73, No. 192 / Thursday, October 2, 2008 / Notices
from other companies that exported
during the POI and the new shipper
review 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 new shipper
reviews. Therefore, the posting of a
bond under section 751(a)(2)(B)(iii) of
the Act in lieu of a cash deposit is not
available in this case. Importers of
certain preserved mushrooms
manufactured and exported by
Zhangzhou Gangchang and Zhejiang
Iceman must continue to pay a cash
deposit of estimated antidumping duties
on each entry of subject merchandise
(i.e., certain preserved mushrooms) at
the current PRC-wide rate of 198.63
percent.
Interested parties may submit
applications for disclosure under
administrative protective order in
accordance with 19 CFR 351.305 and
351.306.
This initiation and this notice are
issued and published in accordance
with section 751(a)(2)(B) of the Act and
sections 351.214 and 351.221(c)(1)(i) of
the Department’s regulations.
Dated: September 26, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E8–23267 Filed 10–1–08; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–884]
Certain Color Television Receivers
From the People’s Republic of China:
Rescission of Antidumping Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request from
petitioner Five Rivers Electronic
Innovations, LLC, (‘‘Five Rivers’’ or
‘‘petitioner’’), the Department of
Commerce (‘‘the Department’’) initiated
an administrative review of the
antidumping duty order on certain color
television receivers (‘‘CTVs’’) from the
People’s Republic of China (‘‘PRC’’). See
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews and Request for Revocation in
Part, 73 FR 44220 (July 30, 2008). This
mstockstill on PROD1PC66 with NOTICES
AGENCY:
VerDate Aug<31>2005
17:52 Oct 01, 2008
Jkt 217001
administrative review covers the June 1,
2007, through May 31, 2008 period of
review (‘‘POR’’). Due to the withdrawal
of the request for the administrative
review by Five Rivers for all companies
for which it requested a review, we are
now rescinding this review, pursuant to
19 CFR 351.213(d)(1).
DATES:
Effective Date: October 2, 2008.
FOR FURTHER INFORMATION CONTACT:
Karine Gziryan or Zhulieta Willbrand,
AD/CVD Operations, Office 4, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–4081 or (202) 482–
3147, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 25, 2004, the Department
published in the Federal Register the
amended antidumping duty order on
certain color television receivers from
the PRC. See Notice of Amended
Antidumping Duty Order: Certain Color
Television Receivers from the People’s
Republic of China, 69 FR 35583 (June
25, 2004) (‘‘Order’’). On June 9, 2008,
the Department published a notice of
‘‘Opportunity to Request an
Administrative Review’’ of the Order for
the POR. See Antidumping or
Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity
To Request Administrative Review, 73
FR 32557, 32558 (June 9, 2008). On June
26, 2008, the petitioner requested that
the Department conduct an
administrative review of sales of
merchandise by the following 13
companies: Haier Electric Appliances
International Co., Hisense Import and
Export Co., Ltd., Konka Group
Company, Ltd., Philips Consumer
Electronics Co. of Suzhou Ltd.,
Shenzhen Chaungwei-RGB Electronics
Co., Ltd., Sichuan Changhong Electric
Co., Ltd., Starlight International
Holdings, Ltd., Star Light Electronics
Co., Ltd., Star Fair Electronics Co., Ltd.,
Starlight Marketing Development Ltd.,
SVA Group Co., Ltd., TCL Holding
Company Ltd., and Xiamen Overseas
Chinese Electronic Co., Ltd. In response
to this request, the Department
published the initiation of the
antidumping duty administrative review
on certain color television receivers
from the PRC on July 30, 2008. See
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews and Request for Revocation in
Part, 73 FR 44220, 44221 (July 30,
2008). No other party requested a
review.
PO 00000
Frm 00017
Fmt 4703
Sfmt 4703
On August 18, 2008, TCL Multimedia
Technology Holdings Ltd., a PRC
producer of subject merchandise, and its
wholly-owned U.S. subsidiary, TTE
Technology, Inc., a U.S. importer of
subject merchandise, (collectively,
‘‘TCL’’), submitted a letter in which it
claimed that the subject merchandise it
entered for consumption during the
review period was re-exported to
Canada and not sold within the United
States to unaffiliated customers. For this
reason, it requested that the Department
rescind the review with respect to TCL
and liquidate TCL’s entries during the
review period without regard to
antidumping duties. TCL repeated its
request on September 23, 2008.
On August 21, 2008, Xiamen Overseas
Chinese Electronic Co., Ltd. (‘‘Xiamen’’)
provided a submission in which it
alleged that this administrative review
should be terminated because the
review request was not made by a
domestic interested party as required by
the Department’s regulations. According
to Xiamen, the petitioner filed for
bankruptcy in October 2004, and has
not produced CTVs in the United States
in nearly two years. Since the petitioner
did not produce CTVs during the review
period, Xiamen argued that it is not
entitled to request an administrative
review of this order.
On September 17, 2008, petitioner
withdrew its request of review of all
companies for which it requested
review.
Rescission of the Administrative
Review
Pursuant to 19 CFR 351.213(d)(1), the
Secretary will rescind an administrative
review under this section, 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.
Petitioner withdrew its requests for
review for all companies within the 90day time limit. No other company had
requested a review of these or any other
companies. Therefore, in response to the
withdrawal of requests for
administrative reviews by petitioner, the
Department hereby rescinds the
administrative review of the
antidumping duty order on certain color
television receivers from the PRC for the
period June 1, 2007, through May 31,
2008, for all 13 companies listed above.
For companies that have a separate rate,
the Department intends to issue
assessment instructions to the U.S.
Customs and Border Protection (‘‘CBP’’)
15 days after the date of publication of
this notice. Since this is a full rescission
of the administrative review, we will
also issue liquidation instructions for
E:\FR\FM\02OCN1.SGM
02OCN1
]]>Agencies
[Federal Register Volume 73, Number 192 (Thursday, October 2, 2008)]
[Notices]
[Pages 57333-57334]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-23267]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-851]
Certain Preserved Mushrooms From the People's Republic of China:
Notice of Initiation of Antidumping Duty New Shipper Reviews
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) has received two
requests for new shipper reviews of the antidumping duty order on
certain preserved mushrooms from the People's Republic of China (PRC).
See Notice of Antidumping Duty order: Certain Preserved Mushrooms from
the People's Republic of China, 64 FR 8310 (February 19, 1999). In
accordance with section 751(a)(2)(B) of the Tariff Act of 1930, as
amended (the Tariff Act), and 19 CFR 351.214(d) (2008), we are
initiating antidumping duty new shipper reviews of Zhejiang Iceman
Group Co., Ltd. (Zhejiang Iceman) and Zhangzhou Gangchang Foods Co.,
Ltd. (Zhangzhou Gangchang). The period of review (POR) of these new
shipper reviews is February 1, 2008, through July 31, 2008.
DATES: Effective Date: October 2, 2008.
FOR FURTHER INFORMATION CONTACT: Tyler Weinhold or Robert James, AD/CVD
Operations, Office 7, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230, telephone: (202) 482-
1121 or (202) 482-0649, 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 has a February
anniversary month and a semiannual anniversary month of August. The
Department received a request for new shipper reviews from Zhangzhou
Gangchang and Zhejiang Iceman on August 29, 2008. See August 29, 2008,
letter from Zhangzhou Gangchang to the Secretary of Commerce requesting
a new shipper review; and August 29, 2008, letter from Zhejiang Iceman
to the Secretary of Commerce requesting a new shipper review.
Therefore, pursuant to 19 CFR 351.214(d), Zhangzhou Gangchang and
Zhejiang Iceman both made their requests during the semiannual
anniversary month.
Pursuant to section 751(a)(2)(B)(i) of the Tariff Act and 19 CFR
351.214(b), Zhangzhou Gangchang certified that it is both an exporter
and producer of the subject merchandise, and that it did not export
subject merchandise to the United States during the period of the
investigation (POI) (July 1, 1997, through December 31, 1997). See
section 751(a)(2)(B)(i)(I) of the Tariff Act and 19 CFR
351.214(b)(2)(i). Likewise, Zhejiang Iceman certified that it is both
an exporter and producer of the subject merchandise, and that it did
not export subject merchandise to the United States during the POI. Id.
Pursuant to section 751(a)(2)(B)(i)(II) of the Tariff Act and 19 CFR
351.214(b)(2)(iii)(A), Zhangzhou Gangchang and Zhejiang Iceman both
certified that since the investigation was initiated, they have not
been affiliated with any producer or exporter who exported the subject
merchandise to the United States during the POI. Because these new
shipper reviews involve imports from a non-market economy country, in
accordance with 19 CFR 351.214(b)(2)(iii)(B), Zhangzhou Gangchang and
Zhejiang Iceman also certified that their export activities are not
controlled by the central government. Pursuant to 19 CFR
351.214(b)(2)(iv), Zhangzhou Gangchang and Zhejiang Iceman also
submitted documentation establishing the date on which they first
shipped the subject merchandise to the United States, the volume of
that shipment, and the date of their first sale to an unaffiliated
customer in the United States. Zhangzhou Gangchang and Zhejiang Iceman
also certified they had no shipments to the United States during the
period subsequent to their first shipments.
The Department conducted a Customs database query in an attempt to
confirm that Zhangzhou Gangchang's and Zhejiang Iceman's shipments of
subject merchandise entered the United States for consumption and that
liquidation of such entries had been suspended for antidumping duties.
See September 26, 2008, Zhangzhou Gangchang New Shipper Review
Initiation Checklist, question 18; and Zhejiang Iceman New Shipper
Review Initiation Checklist, question 18. The Department also examined
whether U.S. Customs and Border Protection (CBP) confirmed that such
entries were made during the new shipper review POR.
Initiation of Review
Based on information on the record and in accordance with section
751(a)(2)(B) of the Act and section 351.214(d) of the Department's
regulations, we find that the requests Zhangzhou Gangchang and Zhejiang
Iceman submitted meet the statutory and regulatory requirements for
initiation of a new shipper review. Accordingly, we are initiating new
shipper reviews of the antidumping duty order on certain preserved
mushrooms from the People's Republic of China manufactured and exported
by Zhangzhou Gangchang and Zhejiang Iceman. These reviews cover the
period February 1, 2008 through July 31, 2008. We intend to issue the
preliminary results of these reviews no later than 180 days after the
date on which this review is initiated, and the final results within 90
days after the date on which we issue the preliminary results. See
section 751(a)(2)(B)(iv) of the Act and 19 CFR 351.214(h)(i).
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 questionnaires to
Zhangzhou Gangchang and Zhejiang Iceman, each of which will include a
separate rates section. These reviews will proceed if the responses
provide sufficient indication that Zhangzhou Gangchang and Zhejiang
Iceman are not subject to either de jure or de facto government control
with respect to its exports of preserved mushrooms. However, if either
Zhangzhou Gangchang or Zhejiang Iceman do not demonstrate eligibility
for a separate rates, then the respective company will be deemed not
separate
[[Page 57334]]
from other companies that exported during the POI and the new shipper
review 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 new shipper reviews. Therefore,
the posting of a bond under section 751(a)(2)(B)(iii) of the Act in
lieu of a cash deposit is not available in this case. Importers of
certain preserved mushrooms manufactured and exported by Zhangzhou
Gangchang and Zhejiang Iceman must continue to pay a cash deposit of
estimated antidumping duties on each entry of subject merchandise
(i.e., certain preserved mushrooms) at the current PRC-wide rate of
198.63 percent.
Interested parties may submit applications for disclosure under
administrative protective order in accordance with 19 CFR 351.305 and
351.306.
This initiation and this notice are issued and published in
accordance with section 751(a)(2)(B) of the Act and sections 351.214
and 351.221(c)(1)(i) of the Department's regulations.
Dated: September 26, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E8-23267 Filed 10-1-08; 8:45 am]
BILLING CODE 3510-DS-P
