[Federal Register Volume 73, Number 67 (Monday, April 7, 2008)]
[Notices]
[Pages 18772-18773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-7208]


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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: 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).
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    \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, 
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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