[Federal Register Volume 73, Number 192 (Thursday, October 2, 2008)]
[Notices]
[Pages 57333-57334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23267]


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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 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