19620 Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Notices 

1See 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). 

2See, generally, Wooden Bedroom Furniture from 

the People’s Republic of China: Preliminary Results 

of Antidumping Duty New Shipper Reviews, 75 FR 

72794, 72796 (November 26, 2010), unchanged in 

Wooden Bedroom Furniture from the People’s 

Republic of China: Final Results of Antidumping 

Duty New Shipper Reviews, 76 FR 9747 (February 

22, 2011). 

3See Certain Preserved Mushrooms from the 

People’s Republic of China: Notice of Initiation of 

Antidumping Duty New Shipper Reviews, 75 FR 

62108, 62108 (October 7, 2010). 

results continue to be due 120 days after 

the publication of the preliminary 

results. 

We are issuing and publishing this 

notice in accordance with sections 

751(a)(3)(A) and 777(i) of the Act. 

Dated: March 26, 2012. 

Gary Taverman, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. 2012–7849 Filed 3–30–12; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–851] 

Certain Preserved Mushrooms from 

the People’s Republic of China: 

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 (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 an 

antidumping duty NSR of Shandong 

Yinfeng Rare Fungus Co., Ltd. (Yinfeng). 

The period of review (POR) of this NSR 

is February 1, 2011, through January 31, 

2012. 

DATES: Effective Date: April 2, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Mark Flessner 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) 482–6312 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.1 The antidumping duty order 

on certain preserved mushrooms from 

the PRC therefore has a February 

anniversary month. On February 29, 

2012, Yinfeng timely filed a request for 

an NSR. See Letter from Shanghai Yuet 

Fai Commercial Consulting Co., Ltd., to 

Secretary of Commerce dated February 

29, 2012 (Yingfeng NSR Request). In its 

request for review, Yinfeng identified 

itself as both exporter and producer of 

the subject merchandise. Id., at 1. 

Pursuant to the requirements set forth 

in section 751(a)(2)(B)(i) of the Act and 

19 CFR 351.214(b)(2), Yinfeng 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 Act and 

19 CFR 351.214(b)(2)(i)); (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, including 

those companies not individually 

examined during the investigation (see 

section 751(a)(2)(B)(i)(II) of the Act 

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)). See 

Yingfeng NSR Request at 2–3 and 

Exhibits 2 and 4. Additionally, in 

accordance with 19 CFR 

351.214(b)(2)(iv), Yinfeng 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 customers in the 

United States. Id., at 2 and Exhibit 1. 

Initiation of Review 

Based on information on the record, 

and in accordance with section 

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

351.214(d), we find the request Yinfeng 

submitted meets the statutory and 

regulatory requirements for initiation of 

an NSR. See Memorandum from Mark 

Flessner to the File through Richard 

Weible entitled, ‘‘Initiation of AD New 

Shipper Review: Certain Preserved 

Mushrooms from the People’s Republic 

of China (A–570–851),’’ dated March 28, 

2012. Accordingly, we are initiating an 

NSR of the antidumping duty order on 

certain preserved mushrooms from the 

PRC produced and exported by Yinfeng. 

This review covers the period February 

1, 2011, through January 31, 2012. 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 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.2

Accordingly, we will issue a 

questionnaire to Yinfeng that will 

include a separate rates section. This 

review will proceed if the response 

provides sufficient indication that 

Yinfeng is not subject to either de jure 

or de facto government control with 

respect to its exports of preserved 

mushrooms. However, if Yinfeng does 

not demonstrate eligibility for a separate 

rate, it will be deemed not to have met 

the requirements of section 

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

351.214(2)(b)(i) and therefore not 

separate from the PRC-wide entity; we 

will rescind the NSR accordingly.3

Upon initiation, we shall direct U.S. 

Customs and Border Protection (CBP) to 

suspend liquidation of any unliquidated 

entries of subject merchandise produced 

and exported by Yinfeng. We shall 

instruct CBP to allow (at the option of 

the importer) the posting, until the 

completion of the review, of a bond or 

security in lieu of a cash deposit for 

certain entries of the subject 

merchandise produced and exported by 

Yinfeng in accordance with section 

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

351.214(e). Because Yinfeng certified 

that it both produced and exported the 

subject merchandise, the sales of which 

form the basis for its NSR request, we 

shall instruct CBP to permit the use of 

a bond only for entries of subject 

merchandise where Yinfeng acted both 

as producer and exporter. 

To assist in its analysis of the bona 

fides of Yinfeng’s sales, upon initiation 

of this NSR, the Department will require 

Yinfeng to submit on an ongoing basis 

complete transaction information 

concerning any sales of subject 

merchandise to the United States that 

were made subsequent to the POR. 

Interested parties requiring access to 

business 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 notice serves as a reminder that 

any party submitting factual information 

in an AD/CVD proceeding must certify 

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Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Notices 19621 

1Or the next business day, if the deadline falls 

on a weekend, federal holiday or any other day 

when the Department is closed. 

to the accuracy and completeness of that 

information. See section 782(b) of the 

Act. Parties are hereby reminded that 

revised certification requirements are in 

effect for company/government officials 

as well as their representatives in all 

AD/CVD investigations or proceedings 

initiated on or after March 14, 2011. See 

Certification of Factual Information to 

Import Administration During 

Antidumping and Countervailing Duty 

Proceedings: Interim Final Rule, 76 FR 

7491 (February 10, 2011) (Interim Final 

Rule) (amending 19 CFR 351.303(g)(1) 

and (2)); see also Certification of Factual 

Information to Import Administration 

During Antidumping and 

Countervailing Duty Proceedings: 

Supplemental Interim Final Rule, 76 FR 

54697 (September 2, 2011). The formats 

for the revised certifications are 

provided at the end of the Interim Final 

Rule. The Department intends to reject 

factual submissions if the submitting 

party does not comply with the revised 

certification requirements. 

This notice is published in 

accordance with section 751(a)(2)(B) of 

the Act and 19 CFR 351.221(c)(1)(i). 

Dated: March 27, 2012. 

Christian Marsh, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations. 

[FR Doc. 2012–7966 Filed 3–30–12; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Antidumping or Countervailing Duty 

Order, Finding, or Suspended 

Investigation; Opportunity To Request 

Administrative Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

FOR FURTHER INFORMATION CONTACT: 

Brenda E. Waters, Office of AD/CVD 

Operations, Customs Unit, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue NW., Washington, DC 20230, 

telephone: (202) 482–4735. 

Background 

Each year during the anniversary 

month of the publication of an 

antidumping or countervailing duty 

order, finding, or suspended 

investigation, an interested party, as 

defined in section 771(9) of the Tariff 

Act of 1930, as amended (‘‘the Act’’), 

may request, in accordance with 19 CFR 

351.213, that the Department of 

Commerce (‘‘the Department’’) conduct 

an administrative review of that 

antidumping or countervailing duty 

order, finding, or suspended 

investigation. 

All deadlines for the submission of 

comments or actions by the Department 

discussed below refer to the number of 

calendar days from the applicable 

starting date. 

Respondent Selection 

In the event the Department limits the 

number of respondents for individual 

examination for administrative reviews 

initiated pursuant to requests made for 

the orders identified below, the 

Department intends to select 

respondents based on U.S. Customs and 

Border Protection (‘‘CBP’’) data for U.S. 

imports during the period of review. We 

intend to release the CBP data under 

Administrative Protective Order 

(‘‘APO’’) to all parties having an APO 

within five days of publication of the 

initiation notice and to make our 

decision regarding respondent selection 

within 21 days of publication of the 

initiation Federal Register notice. 

Therefore, we encourage all parties 

interested in commenting on respondent 

selection to submit their APO 

applications on the date of publication 

of the initiation notice, or as soon 

thereafter as possible. The Department 

invites comments regarding the CBP 

data and respondent selection within 

five days of placement of the CBP data 

on the record of the review. 

In the event the Department decides 

it is necessary to limit individual 

examination of respondents and 

conduct respondent selection under 

section 777A(c)(2) of the Act: 

In general, the Department has found 

that determinations concerning whether 

particular companies should be 

‘‘collapsed’’ (i.e., treated as a single 

entity for purposes of calculating 

antidumping duty rates) require a 

substantial amount of detailed 

information and analysis, which often 

require follow-up questions and 

analysis. Accordingly, the Department 

will not conduct collapsing analyses at 

the respondent selection phase of this 

review and will not collapse companies 

at the respondent selection phase unless 

there has been a determination to 

collapse certain companies in a 

previous segment of this antidumping 

proceeding (i.e., investigation, 

administrative review, new shipper 

review or changed circumstances 

review). For any company subject to this 

review, if the Department determined, 

or continued to treat, that company as 

collapsed with others, the Department 

will assume that such companies 

continue to operate in the same manner 

and will collapse them for respondent 

selection purposes. Otherwise, the 

Department will not-collapse companies 

for purposes of respondent selection. 

Parties are requested to (a) identify 

which companies subject to review 

previously were collapsed, and (b) 

provide a citation to the proceeding in 

which they were collapsed. Further, if 

companies are requested to complete 

the Quantity and Value Questionnaire 

for purposes of respondent selection, in 

general each company must report 

volume and value data separately for 

itself. Parties should not include data 

for any other party, even if they believe 

they should be treated as a single entity 

with that other party. If a company was 

collapsed with another company or 

companies in the most recently 

completed segment of this proceeding 

where the Department considered 

collapsing that entity, complete quantity 

and value data for that collapsed entity 

must be submitted. 

Deadline for Withdrawal of Request for 

Administrative Review 

Pursuant to 19 CFR 351.213(d)(1), a 

party that has requested a review may 

withdraw that request within 90 days of 

the date of publication of the notice of 

initiation of the requested review. The 

regulation provides that the Department 

may extend this time if it is reasonable 

to do so. In order to provide parties 

additional certainty with respect to 

when the Department will exercise its 

discretion to extend this 90-day 

deadline, interested parties are advised 

that, with regard to reviews requested 

on the basis of anniversary months on 

or after April 2012, the Department does 

not intend to extend the 90-day 

deadline unless the requestor 

demonstrates that an extraordinary 

circumstance has prevented it from 

submitting a timely withdrawal request. 

Determinations by the Department to 

extend the 90-day deadline will be 

made on a case-by-case basis. 

The Department is providing this 

notice on its Web site, as well as in its 

‘‘Opportunity to Request Administrative 

Review’’ notices, so that interested 

parties will be aware of the manner in 

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