[Federal Register Volume 74, Number 65 (Tuesday, April 7, 2009)]
[Notices]
[Pages 15698-15699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7864]


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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 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 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 Tariff Act), and 19 CFR 351.214(d) (2008), we are 
initiating an antidumping duty new shipper review of Linyi City Kangfa 
Foodstuff Drinkable Co., Ltd. The period of review (POR) of this new 
shipper review is February 1, 2008, through January 31, 2009.

EFFECTIVE DATE: April 7, 2009.

FOR FURTHER INFORMATION CONTACT: Fred Baker 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 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. On February 26, 2009, the Department received a 
request for a new shipper review from Linyi City Kangfa Foodstuff 
Drinkable Co., Ltd., as exporter, and from its affiliate Linyi City 
Kangfa Foodstuff Drinkable Co., Ltd., Pingyi Branch, as producer 
(collectively ``Kangfa''). The Department determined that the request 
contained certain deficiencies and requested that Kangfa correct the 
submission. See March 12, 2009, and March 20, 2009, letters from Robert 
James, Program Manager, to Kangfa. In accordance with the Department's 
requests, Kangfa corrected the problems in its initial submission dated 
February 26, 2009, with its complete March 26, 2009, submission. For 
the purposes of initiating this new shipper review, the Department 
determines that Kangfa's February 26, 2009, submission was timely 
filed.
    Pursuant to the requirements set forth in section 751(a)(2)(B)(i) 
of the Tariff Act and 19 CFR 351.214(b)(2), Kangfa 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 
Tariff Act and 19 CFR 351.214(b)(2)(ii)(A)); (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 (see 
section 751(a)(2)(B)(i)(II) 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)). In accordance with 19 CFR 
351.214(b)(2)(iv), Kangfa 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 customer in the United 
States. Kangfa also certified it had no shipments to the United States 
during the period subsequent to its first shipment.
    The Department conducted a Customs database query in an attempt to 
confirm that Kangfa's shipments of subject merchandise entered the 
United States for consumption, and that liquidation of such entries had 
been suspended for antidumping duties. See March 31, 2009, Kangfa New 
Shipper Review Initiation Checklist, question 15. The Department also 
examined whether U.S. Customs and Border Protection (CBP) confirmed 
that such entries were made during the new shipper review POR. The 
information we examined was consistent with that provided by Kangfa.

Initiation of Review

    Based on information on the record and in accordance with section 
751(a)(2)(B) of the Tariff Act and section 351.214(d) of the 
Department's regulations, we find that the request Kangfa submitted 
meets the statutory and regulatory requirements for initiation of a new 
shipper review. Accordingly, we are initiating a new shipper review of 
the antidumping duty order on certain preserved mushrooms from the 
People's Republic of China manufactured and exported by Kangfa. This 
review covers the period February 1, 2008 through January 31, 2009. 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 Tariff 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 a questionnaire to 
Kangfa that will include a separate rates section. This review will 
proceed if the response provides sufficient indication that Kangfa is 
not subject to either de jure or de facto government control with 
respect to its exports of preserved mushrooms. However, if Kangfa does 
not demonstrate eligibility for a separate rate it will be deemed not 
separate from other companies that exported during the POR, and the new 
shipper review will be rescinded.
    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 Tariff Act 
in lieu of a cash deposit is not available in this case. Importers of 
certain preserved mushrooms manufactured and exported by Kangfa 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

[[Page 15699]]

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 Tariff Act and sections 
351.214 and 351.221(c)(1)(i) of the Department's regulations.

    Dated: March 31, 2009.
Gary Taverman,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. E9-7864 Filed 4-6-09; 8:45 am]
BILLING CODE 3510-DS-S