15698 Federal Register / Vol. 74, No. 65 / Tuesday, April 7, 2009 / Notices 

Dated: April 2, 2009. 

Glenna Mickelson, 

Management Analyst, Office of Chief 

Information Officer. 

[FR Doc. E9–7835 Filed 4–6–09; 8:45 am] 

BILLING CODE 3510–06–P 

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 

Federal Register / Vol. 74, No. 65 / Tuesday, April 7, 2009 / Notices 15699 

1The petitioner is the Ad Hoc Shrimp Trade 

Action Committee. 

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 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–351–838, A–533–840, A–549–822] 

Certain Frozen Warmwater Shrimp 

From Brazil, India and Thailand: Notice 

of Initiation of Administrative Reviews 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Department) received timely requests to 

conduct administrative reviews of the 

antidumping duty orders on certain 

frozen warmwater shrimp (shrimp) from 

Brazil, India and Thailand. The 

anniversary month of these orders is 

February. In accordance with 19 CFR 

351.221, we are initiating these 

administrative reviews. 

DATES: Effective Date: April 7, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Rebecca Trainor at (202) 482–4007 

(Brazil), Elizabeth Eastwood at (202) 

482–3874 (India), and Kate Johnson at 

(202) 482–4929 (Thailand), AD/CVD 

Operations, Office 2, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW., Washington, DC 20230. 

Background 

The Department received timely 

requests from the petitioner,1 the 

American Shrimp Processors 

Association, and the Louisiana Shrimp 

Association, and certain individual 

companies, in accordance with 19 CFR 

351.213(b), during the anniversary 

month of February 2009, for 

administrative reviews of the 

antidumping duty orders on shrimp 

from Brazil, India, and Thailand. The 

Department is now initiating 

administrative reviews of these orders 

covering 43 companies for Brazil, 332 

companies for India, and 185 companies 

for Thailand, as noted in the ‘‘Initiation 

of Reviews’’ section of this notice. 

In accordance with the Department’s 

recent statement in its notice of 

opportunity to request administrative 

reviews, we have not initiated 

administrative reviews with respect to 

those companies which the Department 

was unable to locate in prior segments 

and for which no new information as to 

the party’s location was provided by the 

requestor (see Antidumping or 

Countervailing Duty Order, Finding, or 

Suspended Investigation; Opportunity 

To Request Administrative Review, 74 

FR 6013 (Feb. 4, 2009)). We have also 

not initiated administrative reviews 

with respect to those companies we 

previously determined to be duplicates 

or no longer exist. See ‘‘Initiation of 

Reviews,’’ ‘‘Incomplete Requests for 

Review,’’ and ‘‘Requests for Review of 

Non-Existent Companies’’ sections of 

this notice for country-specific lists of 

the companies for which we did not 

initiate an administrative review. 

Initiation of Reviews 

In accordance with section 751(a)(1) 

of the Tariff Act of 1930, as amended 

(the Act), we are initiating 

administrative reviews of the 

antidumping duty orders on shrimp 

from Brazil, India and Thailand. We 

intend to issue the final results of these 

reviews by February 28, 2010. 

Period to be 

reviewed 

Antidumping Duty Proceeding 

Brazil 

Certain Frozen Warmwater Shrimp, A–351–838 2/1/08–1/31/09 

Acarau Pesca Distr. de Pescado Imp. e Exp. Ltda. 

Amazonas Industria Alimenticias SA. 

Aquacultura Fortaleza Aquafort SA. 

Aqua ́tica Maricultura do Brasil Ltda./Aquafeed do Brasil Ltda. 

Artico S/A. 

Bramex Brasil Mercantil Ltda. 

Camanor-Produtos Marinhos Ltda. 

Cida Central de Ind. E Distribuicao de Alimentos Ltda. 

Compescal-Come ́rcio de Pescado Aracatiense Ltda. 

Compex Industria E Comercio de Pesca E Exportacao Ltd. 

Dafruta Ind. & Comercio. 

Esperanca Pescados. 

Intermarin Servicios Nauticos. 

Ipesca. 

ITA Fish-S.W.F. Importacao e Exportacao Ltda.2

ITA Fish Transp. Comercio Pesca. 

J K Pesca Ltda. 

Leardini Pescados Ltda. 

Lusomar Maricultura Ltda. 

Maricultura Rio Grandense. 

Maricultura Tropical. 

Marine Maricultura do Nordeste SA. 

MM Monteiro Pesca E Exportacao Ltda. 

Mucuripe Pesca Ltda., Epp. 

Natal Pesca. 

Netuno Alimentos SA/Maricultura Netuno SA.1

Norte Pesca SA.