Certain Preserved Mushrooms from the People's Republic of China: Initiation of Antidumping Duty New Shipper Review, 19620-19621 [2012-7966]

Download as PDF 19620 Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Notices results continue to be due 120 days after the publication of the preliminary results. We are issuing and publishing this notice in accordance with sections 751(a)(3)(A) and 777(i) of the Act. Dated: March 26, 2012. Gary Taverman, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2012–7849 Filed 3–30–12; 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: Initiation of Antidumping Duty New Shipper Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) has received a request for a new shipper review (NSR) of the antidumping duty order on certain preserved mushrooms from the People’s Republic of China (PRC). 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 an antidumping duty NSR of Shandong Yinfeng Rare Fungus Co., Ltd. (Yinfeng). The period of review (POR) of this NSR is February 1, 2011, through January 31, 2012. DATES: Effective Date: April 2, 2012. FOR FURTHER INFORMATION CONTACT: Mark Flessner 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) 482–6312 or (202) 482– 0649, respectively. SUPPLEMENTARY INFORMATION: mstockstill on DSK4VPTVN1PROD with NOTICES AGENCY: Background On February 19, 1999, the Department published the antidumping duty order on certain preserved mushrooms from the PRC.1 The antidumping duty order on certain preserved mushrooms from the PRC therefore has a February anniversary month. On February 29, 2012, Yinfeng timely filed a request for 1 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). VerDate Mar<15>2010 17:42 Mar 30, 2012 Jkt 226001 an NSR. See Letter from Shanghai Yuet Fai Commercial Consulting Co., Ltd., to Secretary of Commerce dated February 29, 2012 (Yingfeng NSR Request). In its request for review, Yinfeng identified itself as both exporter and producer of the subject merchandise. Id., at 1. Pursuant to the requirements set forth in section 751(a)(2)(B)(i) of the Act and 19 CFR 351.214(b)(2), Yinfeng certified that: (1) It did not export subject merchandise to the United States during the period of investigation (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 it has 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) of the Act and19 CFR 351.214(b)(2)(iii)(A)); and (3) its export activities were not controlled by the central government of the PRC (see 19 CFR 351.214(b)(2)(iii)(B)). See Yingfeng NSR Request at 2–3 and Exhibits 2 and 4. Additionally, in accordance with 19 CFR 351.214(b)(2)(iv), Yinfeng submitted documentation establishing the following: (1) The date on which it first shipped subject merchandise to the United States; (2) the volume of its first shipment; and (3) the date of its first sale to an unaffiliated customers in the United States. Id., at 2 and Exhibit 1. Initiation of Review Based on information on the record, and in accordance with section 751(a)(2)(B) of the Act and 19 CFR 351.214(d), we find the request Yinfeng submitted meets the statutory and regulatory requirements for initiation of an NSR. See Memorandum from Mark Flessner to the File through Richard Weible entitled, ‘‘Initiation of AD New Shipper Review: Certain Preserved Mushrooms from the People’s Republic of China (A–570–851),’’ dated March 28, 2012. Accordingly, we are initiating an NSR of the antidumping duty order on certain preserved mushrooms from the PRC produced and exported by Yinfeng. This review covers the period February 1, 2011, through January 31, 2012. We intend to issue the preliminary results of this review 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 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 separate from the country-wide rate provide evidence of de jure and de facto absence of government control over the company’s export activities.2 Accordingly, we will issue a questionnaire to Yinfeng that will include a separate rates section. This review will proceed if the response provides sufficient indication that Yinfeng is not subject to either de jure or de facto government control with respect to its exports of preserved mushrooms. However, if Yinfeng does not demonstrate eligibility for a separate rate, it will be deemed not to have met the requirements of section 751(a)(2)(B)(i) of the Act and 19 CFR 351.214(2)(b)(i) and therefore not separate from the PRC-wide entity; we will rescind the NSR accordingly.3 Upon initiation, we shall direct U.S. Customs and Border Protection (CBP) to suspend liquidation of any unliquidated entries of subject merchandise produced and exported by Yinfeng. We shall instruct 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 Yinfeng in accordance with section 751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because Yinfeng certified that it both produced and exported the subject merchandise, the sales of which form the basis for its NSR request, we shall instruct CBP to permit the use of a bond only for entries of subject merchandise where Yinfeng acted both as producer and exporter. To assist in its analysis of the bona fides of Yinfeng’s sales, upon initiation of this NSR, the Department will require Yinfeng to submit on an ongoing basis complete transaction information concerning any sales of subject merchandise to the United States that were made subsequent to the POR. Interested parties requiring access to business 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 notice serves as a reminder that any party submitting factual information in an AD/CVD proceeding must certify 2 See, generally, Wooden Bedroom Furniture from the People’s Republic of China: Preliminary Results of Antidumping Duty New Shipper Reviews, 75 FR 72794, 72796 (November 26, 2010), unchanged in Wooden Bedroom Furniture from the People’s Republic of China: Final Results of Antidumping Duty New Shipper Reviews, 76 FR 9747 (February 22, 2011). 3 See Certain Preserved Mushrooms from the People’s Republic of China: Notice of Initiation of Antidumping Duty New Shipper Reviews, 75 FR 62108, 62108 (October 7, 2010). E:\FR\FM\02APN1.SGM 02APN1 Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Notices to the accuracy and completeness of that information. See section 782(b) of the Act. Parties are hereby reminded that revised certification requirements are in effect for company/government officials as well as their representatives in all AD/CVD investigations or proceedings initiated on or after March 14, 2011. See Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings: Interim Final Rule, 76 FR 7491 (February 10, 2011) (Interim Final Rule) (amending 19 CFR 351.303(g)(1) and (2)); see also Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings: Supplemental Interim Final Rule, 76 FR 54697 (September 2, 2011). The formats for the revised certifications are provided at the end of the Interim Final Rule. The Department intends to reject factual submissions if the submitting party does not comply with the revised certification requirements. This notice is published in accordance with section 751(a)(2)(B) of the Act and 19 CFR 351.221(c)(1)(i). Dated: March 27, 2012. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2012–7966 Filed 3–30–12; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review Import Administration, International Trade Administration, Department of Commerce. FOR FURTHER INFORMATION CONTACT: Brenda E. Waters, Office of AD/CVD Operations, Customs Unit, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, telephone: (202) 482–4735. AGENCY: mstockstill on DSK4VPTVN1PROD with NOTICES Background Each year during the anniversary month of the publication of an antidumping or countervailing duty order, finding, or suspended investigation, an interested party, as defined in section 771(9) of the Tariff Act of 1930, as amended (‘‘the Act’’), may request, in accordance with 19 CFR 351.213, that the Department of Commerce (‘‘the Department’’) conduct an administrative review of that antidumping or countervailing duty order, finding, or suspended investigation. All deadlines for the submission of comments or actions by the Department discussed below refer to the number of calendar days from the applicable starting date. Respondent Selection In the event the Department limits the number of respondents for individual examination for administrative reviews initiated pursuant to requests made for the orders identified below, the Department intends to select respondents based on U.S. Customs and Border Protection (‘‘CBP’’) data for U.S. imports during the period of review. We intend to release the CBP data under Administrative Protective Order (‘‘APO’’) to all parties having an APO within five days of publication of the initiation notice and to make our decision regarding respondent selection within 21 days of publication of the initiation Federal Register notice. Therefore, we encourage all parties interested in commenting on respondent selection to submit their APO applications on the date of publication of the initiation notice, or as soon thereafter as possible. The Department invites comments regarding the CBP data and respondent selection within five days of placement of the CBP data on the record of the review. In the event the Department decides it is necessary to limit individual examination of respondents and conduct respondent selection under section 777A(c)(2) of the Act: In general, the Department has found that determinations concerning whether particular companies should be ‘‘collapsed’’ (i.e., treated as a single entity for purposes of calculating antidumping duty rates) require a substantial amount of detailed information and analysis, which often require follow-up questions and analysis. Accordingly, the Department will not conduct collapsing analyses at the respondent selection phase of this review and will not collapse companies at the respondent selection phase unless there has been a determination to collapse certain companies in a previous segment of this antidumping proceeding (i.e., investigation, administrative review, new shipper review or changed circumstances review). For any company subject to this review, if the Department determined, or continued to treat, that company as collapsed with others, the Department will assume that such companies continue to operate in the same manner and will collapse them for respondent selection purposes. Otherwise, the Department will not-collapse companies for purposes of respondent selection. Parties are requested to (a) identify which companies subject to review previously were collapsed, and (b) provide a citation to the proceeding in which they were collapsed. Further, if companies are requested to complete the Quantity and Value Questionnaire for purposes of respondent selection, in general each company must report volume and value data separately for itself. Parties should not include data for any other party, even if they believe they should be treated as a single entity with that other party. If a company was collapsed with another company or companies in the most recently completed segment of this proceeding where the Department considered collapsing that entity, complete quantity and value data for that collapsed entity must be submitted. Deadline for Withdrawal of Request for Administrative Review Pursuant to 19 CFR 351.213(d)(1), a party that has requested a review may withdraw that request within 90 days of the date of publication of the notice of initiation of the requested review. The regulation provides that the Department may extend this time if it is reasonable to do so. In order to provide parties additional certainty with respect to when the Department will exercise its discretion to extend this 90-day deadline, interested parties are advised that, with regard to reviews requested on the basis of anniversary months on or after April 2012, the Department does not intend to extend the 90-day deadline unless the requestor demonstrates that an extraordinary circumstance has prevented it from submitting a timely withdrawal request. Determinations by the Department to extend the 90-day deadline will be made on a case-by-case basis. The Department is providing this notice on its Web site, as well as in its ‘‘Opportunity to Request Administrative Review’’ notices, so that interested parties will be aware of the manner in 1 Or the next business day, if the deadline falls on a weekend, federal holiday or any other day when the Department is closed. VerDate Mar<15>2010 17:42 Mar 30, 2012 Jkt 226001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 19621 E:\FR\FM\02APN1.SGM 02APN1

Agencies

[Federal Register Volume 77, Number 63 (Monday, April 2, 2012)]
[Notices]
[Pages 19620-19621]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-7966]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-851]


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

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) has received a 
request for a new shipper review (NSR) of the antidumping duty order on 
certain preserved mushrooms from the People's Republic of China (PRC). 
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 an 
antidumping duty NSR of Shandong Yinfeng Rare Fungus Co., Ltd. 
(Yinfeng). The period of review (POR) of this NSR is February 1, 2011, 
through January 31, 2012.

DATES: Effective Date: April 2, 2012.

FOR FURTHER INFORMATION CONTACT: Mark Flessner 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-
6312 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.\1\ The antidumping 
duty order on certain preserved mushrooms from the PRC therefore has a 
February anniversary month. On February 29, 2012, Yinfeng timely filed 
a request for an NSR. See Letter from Shanghai Yuet Fai Commercial 
Consulting Co., Ltd., to Secretary of Commerce dated February 29, 2012 
(Yingfeng NSR Request). In its request for review, Yinfeng identified 
itself as both exporter and producer of the subject merchandise. Id., 
at 1.
---------------------------------------------------------------------------

    \1\ 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).
---------------------------------------------------------------------------

    Pursuant to the requirements set forth in section 751(a)(2)(B)(i) 
of the Act and 19 CFR 351.214(b)(2), Yinfeng certified that: (1) It did 
not export subject merchandise to the United States during the period 
of investigation (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 
it has 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) of the Act and19 CFR 
351.214(b)(2)(iii)(A)); and (3) its export activities were not 
controlled by the central government of the PRC (see 19 CFR 
351.214(b)(2)(iii)(B)). See Yingfeng NSR Request at 2-3 and Exhibits 2 
and 4. Additionally, in accordance with 19 CFR 351.214(b)(2)(iv), 
Yinfeng submitted documentation establishing the following: (1) The 
date on which it first shipped subject merchandise to the United 
States; (2) the volume of its first shipment; and (3) the date of its 
first sale to an unaffiliated customers in the United States. Id., at 2 
and Exhibit 1.

Initiation of Review

    Based on information on the record, and in accordance with section 
751(a)(2)(B) of the Act and 19 CFR 351.214(d), we find the request 
Yinfeng submitted meets the statutory and regulatory requirements for 
initiation of an NSR. See Memorandum from Mark Flessner to the File 
through Richard Weible entitled, ``Initiation of AD New Shipper Review: 
Certain Preserved Mushrooms from the People's Republic of China (A-570-
851),'' dated March 28, 2012. Accordingly, we are initiating an NSR of 
the antidumping duty order on certain preserved mushrooms from the PRC 
produced and exported by Yinfeng. This review covers the period 
February 1, 2011, through January 31, 2012. We intend to issue the 
preliminary results of this review 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.\2\ Accordingly, we will issue a questionnaire to Yinfeng 
that will include a separate rates section. This review will proceed if 
the response provides sufficient indication that Yinfeng is not subject 
to either de jure or de facto government control with respect to its 
exports of preserved mushrooms. However, if Yinfeng does not 
demonstrate eligibility for a separate rate, it will be deemed not to 
have met the requirements of section 751(a)(2)(B)(i) of the Act and 19 
CFR 351.214(2)(b)(i) and therefore not separate from the PRC-wide 
entity; we will rescind the NSR accordingly.\3\
---------------------------------------------------------------------------

    \2\ See, generally, Wooden Bedroom Furniture from the People's 
Republic of China: Preliminary Results of Antidumping Duty New 
Shipper Reviews, 75 FR 72794, 72796 (November 26, 2010), unchanged 
in Wooden Bedroom Furniture from the People's Republic of China: 
Final Results of Antidumping Duty New Shipper Reviews, 76 FR 9747 
(February 22, 2011).
    \3\ See Certain Preserved Mushrooms from the People's Republic 
of China: Notice of Initiation of Antidumping Duty New Shipper 
Reviews, 75 FR 62108, 62108 (October 7, 2010).
---------------------------------------------------------------------------

    Upon initiation, we shall direct U.S. Customs and Border Protection 
(CBP) to suspend liquidation of any unliquidated entries of subject 
merchandise produced and exported by Yinfeng. We shall instruct 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 
Yinfeng in accordance with section 751(a)(2)(B)(iii) of the Act and 19 
CFR 351.214(e). Because Yinfeng certified that it both produced and 
exported the subject merchandise, the sales of which form the basis for 
its NSR request, we shall instruct CBP to permit the use of a bond only 
for entries of subject merchandise where Yinfeng acted both as producer 
and exporter.
    To assist in its analysis of the bona fides of Yinfeng's sales, 
upon initiation of this NSR, the Department will require Yinfeng to 
submit on an ongoing basis complete transaction information concerning 
any sales of subject merchandise to the United States that were made 
subsequent to the POR.
    Interested parties requiring access to business 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 notice serves as a reminder that any party submitting factual 
information in an AD/CVD proceeding must certify

[[Page 19621]]

to the accuracy and completeness of that information. See section 
782(b) of the Act. Parties are hereby reminded that revised 
certification requirements are in effect for company/government 
officials as well as their representatives in all AD/CVD investigations 
or proceedings initiated on or after March 14, 2011. See Certification 
of Factual Information to Import Administration During Antidumping and 
Countervailing Duty Proceedings: Interim Final Rule, 76 FR 7491 
(February 10, 2011) (Interim Final Rule) (amending 19 CFR 351.303(g)(1) 
and (2)); see also Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty Proceedings: 
Supplemental Interim Final Rule, 76 FR 54697 (September 2, 2011). The 
formats for the revised certifications are provided at the end of the 
Interim Final Rule. The Department intends to reject factual 
submissions if the submitting party does not comply with the revised 
certification requirements.
    This notice is published in accordance with section 751(a)(2)(B) of 
the Act and 19 CFR 351.221(c)(1)(i).

    Dated: March 27, 2012.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2012-7966 Filed 3-30-12; 8:45 am]
BILLING CODE 3510-DS-P