Certain Preserved Mushrooms From the People's Republic of China: Notice of Initiation of Antidumping Duty New Shipper Reviews, 16075-16076 [2010-7355]

Download as PDF Federal Register / Vol. 75, No. 61 / Wednesday, March 31, 2010 / Notices area affected by the sanctuary. Applicants who are chosen as members should expect to serve three-year terms, pursuant to the council’s Charter. DATES: Applications are due by May 28, 2010. ADDRESSES: Application kits may be obtained from Jennifer Morgan, NOA– Flower Garden Banks National Marine Sanctuary, 4700 Avenue U, Bldg. 216, Galveston, TX 77551 or downloaded from the sanctuary Web site https:// flowergarden.noaa.gov. Completed applications should be sent to the same address. FOR FURTHER INFORMATION CONTACT: Jennifer Morgan, NOAA–Flower Garden Banks National Marine Sanctuary, 4700 Avenue U, Bldg. 216, Galveston, TX 77551, 409–621–5151 ext. 103, Jennifer.Morgan@noaa.gov. Located in the northwestern Gulf of Mexico, the Flower Garden Banks National Marine Sanctuary includes three separate areas, known as East Flower Garden, West Flower Garden, and Stetson Banks. The Sanctuary was designated on January 17, 1992. Stetson Bank was added to the Sanctuary in 1996. The Sanctuary Advisory Council will consist of no more than 21 members; 16 nongovernmental voting members and 5 governmental non-voting members. The Council may serve as a forum for consultation and deliberation among its members and as a source of advice to the Sanctuary manager regarding the management of the Flower Garden Banks National Marine Sanctuary. SUPPLEMENTARY INFORMATION: Authority: 16 U.S.C. Sections 1431, et seq. (Federal Domestic Assistance Catalog Number 11.429 Marine Sanctuary Program) Dated: March 16, 2010. Daniel J. Basta, Director, Office of National Marine Sanctuaries, National Ocean Service, National Oceanic and Atmospheric Administration. [FR Doc. 2010–7002 Filed 3–30–10; 8:45 am] BILLING CODE 3510–NK–M DEPARTMENT OF COMMERCE jlentini on DSKJ8SOYB1PROD with NOTICES AGENCY: Office of National Marine Sanctuaries (ONMS), National Ocean Service (NOS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC). Jkt 220001 International Trade Administration The ONMS is seeking applications for the following vacant seats on the Fagatele Bay National Marine Sanctuary Advisory Council: Research, Education, Commercial Fishing, Ocean Recreation, Youth, Tutuila: East Side, Tutila: West Side, and Manua Islands. Applicants are chosen based upon their particular expertise and experience in relation to the seat for which they are applying; community and professional affiliations; philosophy regarding the protection and management of marine resources; and possibly the length of residence in the area affected by the sanctuary. Applicants who are chosen as members should expect to serve 3-year terms, pursuant to the council’s Charter. SUMMARY: DATES: Applications are due by April 30, 2010. Application kits may be obtained from Emily Gaskin, Fagatele Bay National Marine Sanctuary, American Samoa Department of Commerce Office, Executive Office Building, Utulei. Completed applications should be returned to the same address. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Emily Gaskin at (684) 633–5155 ext. 271 or gaskin.emily@gmail.com. The Fagatele Bay National Marine Sanctuary Advisory Council was established in 1986 pursuant to Federal law to ensure continued public participation in the management of the sanctuary. The Sanctuary Advisory Council brings members of a diverse community together to provide advice to the Sanctuary Manager (delegated from the Secretary of Commerce and the Under Secretary for Oceans and Atmosphere) on the management and protection of the Sanctuary, or to assist the National Marine Sanctuary Program in guiding a proposed site through the designation or the periodic management plan review process. SUPPLEMENTARY INFORMATION: (Federal Domestic Assistance Catalog Number 11.429 Marine Sanctuary Program) Availability of Seats for the Fagatele Bay National Marine Sanctuary Advisory Council 19:40 Mar 30, 2010 DEPARTMENT OF COMMERCE Authority: 16 U.S.C. 1431, et seq. National Oceanic and Atmospheric Administration VerDate Nov<24>2008 ACTION: Notice and request for applications. 16075 Dated: March 22, 2010. Daniel J. Basta, Director, Office of National Marine Sanctuaries, National Ocean Service, National Oceanic and Atmospheric Administration. [FR Doc. 2010–7000 Filed 3–30–10; 8:45 am] BILLING CODE 3510–NK–M PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 [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 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 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). In accordance with section 751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.214(d), we are initiating antidumping duty new shipper reviews of Zhangzhou Tongfa Foods Industry Co., Ltd. (Tongfa) and Shandong Fengyu Edible Fungus Corporation Ltd. (Fengyu). The period of investigation (POI) of these new shipper reviews is February 1, 2009 through January 31, 2010. DATES: Effective Date: March 31, 2010. FOR FURTHER INFORMATION CONTACT: Fred Baker, Scott Hoefke, 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) 482–2924, (202) 482– 4947, 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 from the PRC has a February anniversary month. On February 25, 2010 and February 26, 2010, the Department received requests for new shipper reviews from Tongfa and Fengyu, respectively. In their respective requests for reviews, Tongfa and Fengyu identified themselves as both exporters and producers of the E:\FR\FM\31MRN1.SGM 31MRN1 16076 Federal Register / Vol. 75, No. 61 / Wednesday, March 31, 2010 / Notices jlentini on DSKJ8SOYB1PROD with NOTICES subject merchandise. The Department determined that both requests contained certain deficiencies and requested that both respondents correct their submissions. See March 11, 2010 and March 17, 2009 letters from Robert James, Program Manager, to Tongfa and Fengyu, respectively. In accordance with the Department’s requests, Tongfa and Fengyu corrected the problems in their initial submissions in revised submissions dated March 18, 2010 and March 23, 2010, respectively. For the purpose of initiating these new shipper reviews, the Department determines that Tongfa and Fengyu’s original submissions were timely filed. Pursuant to the requirements set forth in section 751(a)(2)(B)(i) of the Act and 19 CFR 351.214(b)(2), Tongfa and Fengyu certified that (1) they did not export subject merchandise to the United States during the POI (see section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 351.214(b)(2)(i); (2) since the initiation of the investigation they have never been affiliated with any company that exported subject merchandise to the United States during the POI, including those companies not individually examined during the investigation (see section 751(a)(2)(B)(i)(II) and19 CFR 351.214(b)(2)(iii)(A)); and (3) their export activities were not controlled by the central government of the PRC (see 19 CFR 351.214(b)(2)(iii)(B)). Additionally, in accordance with 19 CFR 351.214(b)(2)(iv), Tongfa and Fengyu submitted documentation establishing the following: (1) The date on which they first shipped subject merchandise to the United States; (2) the volume of their first shipments; and (3) the date of their first sales to unaffiliated customers in the United States. They also certified they had no shipments to the United States during the period subsequent to their first shipments. Initiation of Reviews 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 Tongfa and Fengyu submitted meet the statutory and regulatory requirements for initiation of new shipper reviews. See Memoranda to the File through Richard Weible, ‘‘Initiation of AD New Shipper Review: Certain Preserved Mushrooms from the People’s Republic of China (A–570–851),’’ dated March 31, 2010. Accordingly, we are initiating new shipper reviews of the antidumping duty order on certain preserved mushrooms from the PRC manufactured and exported by Tongfa and Fengyu. VerDate Nov<24>2008 19:40 Mar 30, 2010 Jkt 220001 These reviews cover the period February 1, 2009 through January 31, 2010. We intend to issue the preliminary results of these reviews no later than 180 days after the date on which these reviews are 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, e.g., Wooden Bedroom Furniture from the People’s Republic of China: Initiation of Antidumping Duty New Shipper Reviews, 75 FR 10214, 10215 (March 5, 2010). Accordingly, we will issue questionnaires to Tongfa and Fengyu that will include a separate rates section. These reviews will proceed if the response provides sufficient indication that Tongfa and Fengyu are not subject to either de jure or de facto government control with respect to their exports of preserved mushrooms. However, if Tongfa and Fengyu do not demonstrate eligibility for separate rates, they will be deemed not to have met the requirements of section 751(2)(B)(i) of the Act and 19 CFR 351.214(b)(2)(i), and therefore not separate from the PRC-wide entity. We will therefore rescind the new shipper reviews. See, e.g., Certain Preserved Mushrooms from the People’s Republic of China: Notice of Initiation of Antidumping Duty New Shipper Review, 74 FR 15698 (April 7, 2009). We will instruct the CBP to allow, at the option of the importer, the posting, until the completion of the review, of a bond or security in lieu of a cash deposit for certain entries of the subject merchandise produced and exported by Tongfa and produced and exported by Fengyu in accordance with section 751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because Tongfa and Fengyu certified that they both produce and export the subject merchandise, the sales of which form the basis for their new shipper review requests, we will instruct CBP to permit the use of a bond only for entries of subject merchandise which Tongfa and Fengyu both produced and exported. Interested parties may submit applications for disclosure under administrative protective order in accordance with 19 CFR 351.305 and 351.306. These initiations and this notice are issued and published in accordance PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 with section 751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i). Dated: March 26, 2010. John M. Andersen, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2010–7355 Filed 3–30–10; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XV57 Marine Mammals; File No. 15206 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; receipt of application. SUMMARY: Notice is hereby given that Sea World LLC, 9205 South Park Center Loop, Suite 400, Orlando, FL 32819, has applied in due form for a permit to import one beluga whale (Delphinapterus leucas) for the purposes of public display. DATES: Written or telefaxed comments must be received on or before April 30, 2010. ADDRESSES: The application and related documents are available for review upon written request or by appointment in the following offices: Permits, Conservation and Education Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301) 713–2289; fax (301) 713–0376; and Southeast Region, NMFS, 263 13th Avenue South, Saint Petersburg, FL 33701; phone (727) 824–5312; fax (727) 824–5309. Written comments on this application should be submitted to the Chief, Permits, Conservation and Education Division, at the address listed above. Comments may also be submitted by facsimile to (301) 713–0376, or by email to NMFS.Pr1Comments@noaa.gov. Please include the File No. in the subject line of the email comment. Those individuals requesting a public hearing should submit a written request to the Chief, Permits, Conservation and Education Division at the address listed above. The request should set forth the specific reasons why a hearing on this application would be appropriate. FOR FURTHER INFORMATION CONTACT: Jennifer Skidmore or Kristy Beard, (301) 713–2289. E:\FR\FM\31MRN1.SGM 31MRN1

Agencies

[Federal Register Volume 75, Number 61 (Wednesday, March 31, 2010)]
[Notices]
[Pages 16075-16076]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7355]


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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 
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 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). In 
accordance with section 751(a)(2)(B) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.214(d), we are initiating antidumping 
duty new shipper reviews of Zhangzhou Tongfa Foods Industry Co., Ltd. 
(Tongfa) and Shandong Fengyu Edible Fungus Corporation Ltd. (Fengyu). 
The period of investigation (POI) of these new shipper reviews is 
February 1, 2009 through January 31, 2010.

DATES: Effective Date: March 31, 2010.

FOR FURTHER INFORMATION CONTACT: Fred Baker, Scott Hoefke, 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) 482-2924, (202) 482-4947, 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 from the PRC has 
a February anniversary month. On February 25, 2010 and February 26, 
2010, the Department received requests for new shipper reviews from 
Tongfa and Fengyu, respectively. In their respective requests for 
reviews, Tongfa and Fengyu identified themselves as both exporters and 
producers of the

[[Page 16076]]

subject merchandise. The Department determined that both requests 
contained certain deficiencies and requested that both respondents 
correct their submissions. See March 11, 2010 and March 17, 2009 
letters from Robert James, Program Manager, to Tongfa and Fengyu, 
respectively. In accordance with the Department's requests, Tongfa and 
Fengyu corrected the problems in their initial submissions in revised 
submissions dated March 18, 2010 and March 23, 2010, respectively. For 
the purpose of initiating these new shipper reviews, the Department 
determines that Tongfa and Fengyu's original submissions were timely 
filed.
    Pursuant to the requirements set forth in section 751(a)(2)(B)(i) 
of the Act and 19 CFR 351.214(b)(2), Tongfa and Fengyu certified that 
(1) they did not export subject merchandise to the United States during 
the POI (see section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 
351.214(b)(2)(i); (2) since the initiation of the investigation they 
have never been affiliated with any company that exported subject 
merchandise to the United States during the POI, including those 
companies not individually examined during the investigation (see 
section 751(a)(2)(B)(i)(II) and19 CFR 351.214(b)(2)(iii)(A)); and (3) 
their export activities were not controlled by the central government 
of the PRC (see 19 CFR 351.214(b)(2)(iii)(B)). Additionally, in 
accordance with 19 CFR 351.214(b)(2)(iv), Tongfa and Fengyu submitted 
documentation establishing the following: (1) The date on which they 
first shipped subject merchandise to the United States; (2) the volume 
of their first shipments; and (3) the date of their first sales to 
unaffiliated customers in the United States. They also certified they 
had no shipments to the United States during the period subsequent to 
their first shipments.

Initiation of Reviews

    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 Tongfa and Fengyu submitted meet 
the statutory and regulatory requirements for initiation of new shipper 
reviews. See Memoranda to the File through Richard Weible, ``Initiation 
of AD New Shipper Review: Certain Preserved Mushrooms from the People's 
Republic of China (A-570-851),'' dated March 31, 2010. Accordingly, we 
are initiating new shipper reviews of the antidumping duty order on 
certain preserved mushrooms from the PRC manufactured and exported by 
Tongfa and Fengyu. These reviews cover the period February 1, 2009 
through January 31, 2010. We intend to issue the preliminary results of 
these reviews no later than 180 days after the date on which these 
reviews are 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, e.g., Wooden Bedroom Furniture from the People's 
Republic of China: Initiation of Antidumping Duty New Shipper Reviews, 
75 FR 10214, 10215 (March 5, 2010). Accordingly, we will issue 
questionnaires to Tongfa and Fengyu that will include a separate rates 
section. These reviews will proceed if the response provides sufficient 
indication that Tongfa and Fengyu are not subject to either de jure or 
de facto government control with respect to their exports of preserved 
mushrooms. However, if Tongfa and Fengyu do not demonstrate eligibility 
for separate rates, they will be deemed not to have met the 
requirements of section 751(2)(B)(i) of the Act and 19 CFR 
351.214(b)(2)(i), and therefore not separate from the PRC-wide entity. 
We will therefore rescind the new shipper reviews. See, e.g., Certain 
Preserved Mushrooms from the People's Republic of China: Notice of 
Initiation of Antidumping Duty New Shipper Review, 74 FR 15698 (April 
7, 2009).
    We will instruct the CBP to allow, at the option of the importer, 
the posting, until the completion of the review, of a bond or security 
in lieu of a cash deposit for certain entries of the subject 
merchandise produced and exported by Tongfa and produced and exported 
by Fengyu in accordance with section 751(a)(2)(B)(iii) of the Act and 
19 CFR 351.214(e). Because Tongfa and Fengyu certified that they both 
produce and export the subject merchandise, the sales of which form the 
basis for their new shipper review requests, we will instruct CBP to 
permit the use of a bond only for entries of subject merchandise which 
Tongfa and Fengyu both produced and exported.
    Interested parties may submit applications for disclosure under 
administrative protective order in accordance with 19 CFR 351.305 and 
351.306.
    These initiations and this notice are issued and published in 
accordance with section 751(a)(2)(B) of the Act and 19 CFR 351.214 and 
351.221(c)(1)(i).

    Dated: March 26, 2010.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2010-7355 Filed 3-30-10; 8:45 am]
BILLING CODE 3510-DS-P