[Federal Register Volume 77, Number 63 (Monday, April 2, 2012)]
[Notices]
[Pages 19620-19621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-7966]


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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 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.
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    \1\ 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).
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    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\
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    \2\ See, 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).
    \3\ See 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).
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    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

[[Page 19621]]

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]
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