Federal Register / Vol. 72, No. 62 / Monday, April 2, 2007 / Notices 15655 

February 28, 2007, did not provide any 

required supporting documents and 

therefore, it does not meet the threshold 

requirements for initiation of a new 

shipper review for the shipment of 

certain frozen fish fillets from Vietnam, 

pursuant to sections 751(a)(2)(B)(i)(I) 

and (II) of the Act, and 19 CFR 

351.214(b)(2)(i), 351.214(b)(2)(iii)(A) 

and (B), and 351.214(b)(2)(iv). With 

respect to South Vina’s submission on 

March 9, 2007, the Department agrees 

with Petitioners that it was submitted 

untimely for this semi–annual 

anniversary month because it was 

received nine days after the deadline, 

February 28, 2007, which is the last day 

of the semi–annual anniversary month. 

The Department disagrees with South 

Vina’s arguments that: (1) the new 

shipper regulation does not require that 

the certification and accompanying 

documentation be submitted with the 

original request; and (2) the pertinent 

regulation merely requires that the 

request for review be made ‘‘within one 

year of the date referred to’’ in 

paragraph 19 CFR 351.214(b)(2)(iv)(A). 

To the contrary, 19 CFR 351.214(b)(2) 

clearly specifies the ‘‘contents of 

request,’’ which includes: (1) A 

certification from the requester or its 

producer stating that no subject 

merchandise was exported to the United 

States (‘‘U.S.’’) during the POI; (2) a 

certification stating that since the 

initiation of the investigation, the 

requester has never been affiliated with 

any exporter or producer who exported 

subject merchandise to the U.S. during 

the POI; (3) a certification stating no 

government control over the requester’s 

export activities in a nonmarket 

economy case; and (4) information 

regarding the date of the requester’s first 

entry or shipment of subject 

merchandise, the volume of the first and 

all subsequent shipments of subject 

merchandise to the U.S., and the date of 

requester’s first sale to an unaffiliated 

U.S. customer. Furthermore, 19 CFR 

351.214(a) points out that the purpose of 

the URAA to establish a new shipper 

review procedure is to allow new 

shippers the opportunity to attain their 

own individual dumping margin on an 

expedited basis. In accordance with 19 

CFR 351.214(d), the Department is 

required to initiate the new shipper 

review within a month immediately 

following the semi–annual anniversary 

month or the anniversary month 

depending on the date of the request. 

Accordingly, the Department must have 

all required supporting documents on 

the record by the submission deadline 

in order to initiate a new shipper review 

in a timely manner. 

As noted above, on March 22, 2007, 

South Vina submitted a list of cases 

where the Department sent 

supplemental questionnaires prior to 

initiation and therefore, South Vina 

argues, the Department should accept its 

March 9, 2007, supporting 

documentation and initiate a new 

shipper review. However, in each case 

cited by South Vina, the requestor 

included the documents required by 

section 351.214(b)(2) in its original 

request, which South Vina did not 

include in its February 28, 2007, 

request. Because South Vina did not 

provide any of the ‘‘contents of request’’

in its original request, and its 

submission on March 9, 2007, is 

untimely, the Department has 

determined that South Vina’s request 

does not meet the statutory and 

regulatory requirements for initiation. 

Therefore, the Department has removed 

South Vina’s February 28, 2007, and its 

March 9, 2007, submissions from the 

record, and rejected South Vina’s new 

shipper review request, in accordance 

with sections 751(a)(2)(B)(i)(I) and (II) of 

the Act, and 19 CFR 351.214. 

The POR for the three new shipper 

reviews is August 1, 2006, through 

January 31, 2007. See 19 CFR 

351.214(g)(1)(ii)(A). The Department 

intends to issue the preliminary results 

of these reviews no later than 180 days 

from the date of initiation, and final 

results of these reviews no later than 

270 days from the date of initiation. See 

section 751(a)(2)(B)(iv) of the Act. 

Interested parties requiring access to 

proprietary information in this new 

shipper review should submit 

applications for disclosure under 

administrative protective order in 

accordance with 19 CFR 351.305 and 

351.306. This initiation and notice are 

published in accordance with section 

751(a)(2)(B) of the Act and 19 CFR 

351.214 and 351.221(c)(1)(i). 

Dated: March 26, 2007. 

Stephen J. Claeys, 

Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. E7–6063 Filed 3–30–07; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

(A–570–863) 

Honey from the People’s Republic of 

China: Expedited Partial Final Results 

of Antidumping Duty Administrative 

Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On January 3, 2007, the 

Department published the Preliminary 

Results of the fourth administrative 

review of the antidumping duty order 

on honey from the People’s Republic of 

China (PRC). See Honey from the 

People’s Republic of China: Preliminary 

Results and Partial Rescission of 

Antidumping Duty Administrative 

Review, 72 FR 102 (January 3, 2007) 

(Preliminary Results). This review 

covers five exporters or producer/ 

exporters: (1) Anhui Honghui Foodstuff 

(Group) Co., Ltd. (Anhui Honghui); (2) 

Chengdu Waiyuan Bee Products Co., 

Ltd. (Chengdu); (3) Jiangsu Kanghong 

Natural Healthfoods Co., Ltd. (Jiangsu); 

(4) Kunshan Xin’an Trade Co., Ltd. 

(Kunshan Xin’an); and (5) Wuhan 

Shino–Food Trade Co., Ltd. (Shino–

Food). The period of review (POR) is 

December 1, 2004, through November 

30, 2005. 

In response to a request from the 

American Honey Producers Association 

and the Sioux Honey Association 

(collectively, petitioners), the 

Department is expediting the final 

results of this review for Chengdu, an 

uncooperative respondent, because of 

its extraordinary surge of exports and 

the significant difference between 

Chengdu’s current cash deposit rate of 

22.03 percent and Chengdu’s 

preliminary cash deposit rate of 212.39 

percent based on total facts available 

with adverse inference. 

EFFECTIVE DATE: April 2, 2007. 

FOR FURTHER INFORMATION CONTACT: Judy 

Lao or Angelica Mendoza, 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) 482–7924 or (202) 482–

3019, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

Since the Preliminary Results the 

following events have occurred. On 

January 12 and 29, 2007, counsel to the 

petitioners met with Department 

officials to discuss their concerns about 


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15656 Federal Register / Vol. 72, No. 62 / Monday, April 2, 2007 / Notices 

1Chengdu did not request a review for the fifth 

review period of 12/1/2005-11/30/2006. 

a surge in entries by Chengdu and 

resultant injury to the domestic honey 

industry. See Memoranda to the File 

dated January 18 and 29, 2007, 

respectively. Subsequently, the 

petitioners filed a request that the 

Department expedite the final results of 

review with respect to Chengdu. See 

Letter from the petitioners to the 

Secretary, dated February 6, 2007. In 

their request, the petitioners argue that 

Chengdu has ‘‘misused’’ the lowest cash 

deposit rate for any Chinese exporter of 

honey (22.03 percent) to ship huge 

quantities to the United States, causing 

immense harm to the domestic industry, 

while refusing to participate in 

administrative reviews.1

On February 7, 2007, the Department 

informed counsel to Chengdu of the 

petitioners’ submission and our 

decision to accept the new information 

contained therein. We indicated that 

any comments on the submission were 

due on February 16, 2007. See 

Memorandum to the File from Patrick 

Edwards dated February 7, 2007. On 

February 15, 2007, the Department 

received a letter from Chengdu stating 

that its U.S. customer had informed 

them of the petitioners’ letter dated 

February 7, 2007, and requesting an 

opportunity to comment or provide its 

own data to verify the accuracy of the 

petitioners’ information. On February 

16, 2007, the counsel of record for 

Chengdu notified the Department that it 

does not represent Chengdu. On the 

same day, the Department sent a letter 

via facsimile to Chengdu extending the 

comment period until February 23, 

2007. On February 23, 2007, the 

Department received a facsimile letter 

from Chengdu restating some of the 

same points made in its previous letter 

but providing no new information. The 

letter was not properly filed and the 

Department gave Chengdu until 

February 26, 2007, to file its letter for 

the record. However, Chengdu did not 

submit its letter until March 5, 2007, 

and the Department rejected it as 

untimely. See Letter to Chengdu dated 

March 5, 2007. 

On February 28, 2007, the Department 

issued a Decision Memorandum 

expediting the final results of review for 

Chengdu and extending the deadline for 

case briefs for all parties in this review 

until March 14, 2007, and for rebuttal 

briefs until March 21, 2007. See 

Memorandum to David M. Spooner, 

Assistant Secretary for Import 

Administration, from Stephen J. Claeys, 

Deputy Assistant Secretary for Import 

Administration, Expedited Final Results 

of Administrative Review for Chengdu 

Waiyuan Bee Products Co., Ltd. 

(February 28, 2007) (Decision Memo). 

No comments with respect to the 

expedited final results for Chengdu 

were filed. 

According to section 751(a)(3) of the 

Tariff Act of 1930, as amended (the Act), 

the Department ‘‘shall make . . . a final 

determination . . . within 120 days after 

the date on which the preliminary 

determination is published.’’ See also 

19 CFR § 351.213(h)(1). The 

Department’s normal practice is to issue 

a final determination for all companies 

simultaneously. In this case, however, 

extraordinary circumstances support 

our issuance of the final results of this 

review with respect solely to Chengdu 

prior to 120 days after publication of the 

preliminary results. Specifically, the 

surge in Chengdu’s shipments, its 

failure to participate in administrative 

reviews to enable the Department to 

calculate a dumping margin, and the 

large difference between the current 

cash deposit rate and the rate assigned 

to Chengdu in the preliminary results of 

this review constitute extraordinary 

circumstances in support of expediting 

the final results for Chengdu. We 

believe that under these extraordinary 

circumstances a departure from our 

normal practice is warranted. For 

further analysis, see the proprietary 

version of Decision Memo. 

Scope of the Antidumping Duty Order 

The products covered by this order 

are natural honey, artificial honey 

containing more than 50 percent natural 

honey by weight, preparations of natural 

honey containing more than 50 percent 

natural honey by weight, and flavored 

honey. The subject merchandise 

includes all grades and colors of honey 

whether in liquid, creamed, comb, cut 

comb, or chunk form, and whether 

packaged for retail or in bulk form. 

The merchandise subject to this order 

is currently classifiable under 

subheadings 0409.00.00, 1702.90.90, 

and 2106.90.99 of the Harmonized Tariff 

Schedule of the United States (HTSUS). 

Although the HTSUS subheadings are 

provided for convenience and customs 

purposes, the Department’s written 

description of the merchandise under 

the order is dispositive. 

Rate for Chengdu 

The PRC–wide rate applies to all PRC 

entities with the exception of those 

exporters that have demonstrated their 

eligibility for a separate rate. While 

Chengdu failed to demonstrate its 

eligibility for a separate rate on the 

record of this review, and thus is 

considered to be part of the PRC entity, 

the Department has determined that 

circumstances warrant expedited final 

results of review solely with respect to 

Chengdu. As a result, for these 

expedited final results, the Department 

is issuing a rate applicable solely to 

Chengdu. 

In its preliminary results, the 

Department assigned a rate to the PRC–

wide entity (including Chengdu) based 

on adverse facts available (AFA). No 

party to the proceeding commented on 

the rate to be assigned to Chengdu for 

purposes of the final results. Based 

upon our review of the record, the 

Department will continue to assign the 

rate of 212.39 percent to Chengdu, 

which is the rate assigned to the PRC–

wide entity (including Chengdu) in the 

preliminary results. The final PRC–wide 

rate will be determined in the final 

results of review that will cover all 

entities other than Chengdu. These non–

expedited final results of review are 

currently due for issuance by May 3, 

2007. 

Final Results of Review 

We determine that the following 

antidumping duty margin applies: 

Producer/Exporter Margin (percent) 

Chengdu Waiyuan Bee 

Products Co., Ltd. ..... 212.39 

Assessment of Antidumping Duties 

Pursuant to 19 CFR 351.212(b), the 

Department will determine, and U.S. 

Customs and Border Protection (CBP) 

shall assess, antidumping duties on all 

appropriate entries. The Department 

intends to issue assessment instructions 

to CBP 15 days after the date of 

publication of these final results of 

review. 

Cash Deposits 

The following cash–deposit 

requirements will be effective upon 

publication of these expedited partial 

final results for shipments of the subject 

merchandise entered, or withdrawn 

from warehouse, for consumption on or 

after the publication date of these partial 

final results, as provided by section 

751(a)(2)(C) of the Act: (1) for subject 

merchandise exported by Chengdu, the 

cash deposit rate will be 212.39 percent; 

(2) the cash deposit rate for PRC 

exporters who received a separate rate 

in a prior segment of the proceeding 

will continue to be the rate assigned in 

that segment of the proceeding; (3) for 

all other PRC exporters of subject 

merchandise which have not been 

found to be entitled to a separate rate, 

the cash–deposit rate will be the PRC–

wide rate of 212.39 percent; and (4) for 


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Federal Register / Vol. 72, No. 62 / Monday, April 2, 2007 / Notices 15657 

all non–PRC exporters of subject 

merchandise, the cash–deposit rate will 

be the rate applicable to the PRC 

supplier of that exporter. These deposit 

requirements shall remain in effect until 

publication of the final results of this 

administrative review for Anhui 

Honghui, Jiangsu, Kunshan Xin’an, 

Shino–Food and companies subject to 

the PRC–wide rate with the exception of 

Chengdu. For Chengdu, these deposit 

requirements shall remain in effect until 

publication of the final results of the 

next administrative review. 

Notification to Interested Parties 

This notice also serves as the final 

reminder to importers of their 

responsibility under 19 CFR 351.402(f) 

to file a certificate regarding the 

reimbursement of antidumping duties 

prior to liquidation of the relevant 

entries during this review period. 

Failure to comply with this requirement 

could result in the Secretary’s 

presumption that reimbursement of 

antidumping duties occurred and in the 

subsequent assessment of double 

antidumping duties. 

This notice also serves as the only 

reminder to parties subject to 

administrative protective order (APO) of 

their responsibility concerning the 

return/destruction or conversion to 

judicial protective order of proprietary 

information disclosed under APO in 

accordance with 19 CFR 351.305(a)(3). 

Failure to comply is a violation of the 

APO. 

This determination is issued and 

published in accordance with sections 

751(a)(1) and 777(i)(1) of the Act. 

Dated: March 27, 2007. 

David M. Spooner, 

Assistant Secretary for Import 

Administration. 

[FR Doc. E7–6069 Filed 3–30–07; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–851] 

Certain Preserved Mushrooms from 

the People’s Republic of China: 

Initiation of New Shipper Antidumping 

Duty Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

EFFECTIVE DATE: April 2, 2007. 

SUMMARY: On February 20, 2007, the 

Department of Commerce (‘‘the 

Department’’) received a request from 

the exporter and producer Ayecue 

(Liaocheng) Foodstuff Co., Ltd. 

(‘‘Ayecue’’) to conduct 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 a NSR 

of Ayecue. 

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 or (202) 482–

5253, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

The Department received a timely 

request from Ayecue on February 20, 

2007, in accordance with section 

751(a)(2)(B) of the Act and 19 CFR 

351.214(c), for a NSR of the 

antidumping duty order on certain 

preserved mushrooms from the PRC, 

which has a February anniversary 

month. 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). Upon 

review, the Department determinated 

that Ayecue’s February 20, 2007, request 

was deficient in certain areas. The 

Department issued a supplemental to 

Ayecue on February 27, 2007. On March 

19, 2007, Ayecue submitted a revised 

request for a NSR that provided the 

requested information. 

Ayecue identified itself as a producer 

and exporter of preserved mushrooms. 

As required by 19 CFR 351.214(b)(2)(i) 

and (iii)(A), Ayecue certified that it did 

not export preserved mushrooms to the 

United States during the period of 

investigation (‘‘POI’’), and that it has 

never been affiliated with any exporter 

or producer which 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 requirements of 19 

CFR 351.214(b)(2)(iii)(B). 

Pursuant to 19 CFR 351.214(b)(2)(iv), 

Ayecue 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. Based on 

the information submitted by Ayecue, 

we have determined that Ayecue has 

met the statutory and regulatory 

requirements for the initiation of a NSR. 

The Department queried the U.S. 

Customs and Border Protection (‘‘CBP’’) 

entry database to confirm that the 

shipment made by Ayecue had officially 

entered the United States via 

assignment of an entry date in the 

Customs database by CBP. In addition, 

the Department confirmed the existence 

of Ayecue and its U.S. customer. 

Initiation of Review 

In accordance with section 

751(a)(2)(B) of the Act and 19 CFR 

351.214(d)(1), and based on information 

on the record, we are initiating a NSR 

for Ayecue. 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 March 27, 2007. We intend to 

issue the preliminary results of this 

review not later than 180 days after the 

date on which this review was initiated, 

and the final results of this review 

within 90 days after the date on which 

the preliminary results were issued. 

Pursuant to 19 CFR 

351.214(g)(1)(i)(A), the period of review 

(‘‘POR’’) for a NSR, initiated in the 

month immediately following the 

anniversary month, will be the 12- 

month period immediately preceding 

the anniversary month. Therefore, the 

POR for the NSR of Ayecue is February 

1, 2006, through January 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 Ayecue, including a 

separate rates section. The review will 

proceed if the responses provide 

sufficient indication that Ayecue is not 

subject to either de jure or de facto 

government control with respect to its 

exports of preserved mushrooms. 

However, if Ayecue 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. 


hsrobinson on PROD1PC76 with NOTICES