[Federal Register Volume 72, Number 187 (Thursday, September 27, 2007)]
[Notices]
[Pages 54899-54900]
From the Federal Register Online via the Government Publishing 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