Federal Register / Vol. 70, No. 190 / Monday, October 3, 2005 / Notices 57561 

1 In comments made on the interim final sunset 

regulations, a number of parties stated that the 

proposed five-day period for rebuttals to 

substantive responses to a notice of initiation was 

insufficient. This requirement was retained in the 

final sunset regulations at 19 CFR 351.218(d)(4). As 

provided in 19 CFR 351.302(b), however, the 

Department will consider individual requests for 

extension of that five-day deadline based upon a 

showing of good cause. 

DOC Case No. ITC Case No. Country Product Department Contact 

A–201–802 ............................. 731–TA–451 Mexico Gray Portland Cement & 

Clinker 

Zev Primor(202) 482–4114 

Filing Information 

As a courtesy, we are making 

information related to Sunset 

proceedings, including copies of the 

Department’s regulations regarding 

Sunset Reviews (19 CFR 351.218) and 

Sunset Policy Bulletin, the Department’s 

schedule of Sunset Reviews, case 

history information (i.e., previous 

margins, duty absorption 

determinations, scope language, import 

volumes), and service lists available to 

the public on the Department’s sunset 

Internet website at the following 

address: ‘‘http://ia.ita.doc.gov/sunset/.’’

All submissions in these Sunset 

Reviews must be filed in accordance 

with the Department’s regulations 

regarding format, translation, service, 

and certification of documents. These 

rules can be found at 19 CFR 351.303. 

Pursuant to 19 CFR 351.103(c), the 

Department will maintain and make 

available a service list for these 

proceedings. To facilitate the timely 

preparation of the service list(s), it is 

requested that those seeking recognition 

as interested parties to a proceeding 

contact the Department in writing 

within 15 days of the publication of the 

Notice of Initation. 

Because deadlines in Sunset Reviews 

can be very short, we urge interested 

parties to apply for access to proprietary 

information under administrative 

protective order (‘‘APO’’) immediately 

following publication in the Federal 

Register of the notice of initiation of the 

sunset review. The Department’s 

regulations on submission of proprietary 

information and eligibility to receive 

access to business proprietary 

information under APO can be found at 

19 CFR 351.304–306. 

Information Required from Interested 

Parties 

Domestic interested parties (defined 

in section 771(9)(C), (D), (E), (F), and (G) 

of the Act and 19 CFR 351.102(b)) 

wishing to participate in these Sunset 

Reviews must respond not later than 15 

days after the date of publication in the 

Federal Register of this notice of 

initiation by filing a notice of intent to 

participate. The required contents of the 

notice of intent to participate are set 

forth at 19 CFR 351.218(d)(1)(ii). In 

accordance with the Department’s 

regulations, if we do not receive a notice 

of intent to participate from at least one 

domestic interested party by the 15-day 

deadline, the Department will 

automatically revoke the orders without 

further review. See 19 CFR 

351.218(d)(1)(iii). 

If we receive an order–specific notice 

of intent to participate from a domestic 

interested party, the Department’s 

regulations provide that all parties 

wishing to participate in the Sunset 

Review must file complete substantive 

responses not later than 30 days after 

the date of publication in the Federal 

Register of this notice of initiation. The 

required contents of a substantive 

response, on an order–specific basis, are 

set forth at 19 CFR 351.218(d)(3). Note 

that certain information requirements 

differ for respondent and domestic 

parties. Also, note that the Department’s 

information requirements are distinct 

from the Commission’s information 

requirements. Please consult the 

Department’s regulations for 

information regarding the Department’s 

conduct of Sunset Reviews.1 Please 

consult the Department’s regulations at 

19 CFR Part 351 for definitions of terms 

and for other general information 

concerning antidumping and 

countervailing duty proceedings at the 

Department. 

This notice of initiation is being 

published in accordance with section 

751(c) of the Act and 19 CFR 351.218(c). 

Dated: September 20, 2005. 

Holly A. Kuga, 

Senior Office Director, AD/CVD Operations, 

Office 4, for Import Administration. 

[FR Doc. 05–19753 Filed 9–30–05; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

A–570–831 

Fresh Garlic From the People’s 

Republic of China; Initiation of New 

Shipper Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

EFFECTIVE DATE: October 3, 2005. 

SUMMARY: The Department of Commerce 

(the ‘‘Department’’) has determined that 

a request for a new shipper review of 

the antidumping duty order on fresh 

garlic from the People’s Republic of 

China (‘‘PRC’’), received in May 2005, 

meets the statutory and regulatory 

requirements for initiation. The period 

of review (‘‘POR’’) of this new shipper 

review is November 1, 2004, through 

April 30, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Ryan A. Douglas or Wendy Frankel, AD/ 

CVD Operations, Office 8, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW, Washington, DC 20230; 

telephone: (202) 482–1277 and (202) 

482–5849, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

The notice announcing the 

antidumping duty order on fresh garlic 

from the PRC was published on 

November 16, 1994. On May 31,2005, 

we received a request for a new shipper 

review from Qufu Dongbao Import & 

Export Trade Co., Ltd., (Dongbao). 

Dongbao certified that it grew and 

exported the garlic on which it based its 

request for a new shipper review. 

Initiation of New Shipper Reviews. 

Pursuant to section 751(a)(2)(B)(i)(I) of 

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

Dongbao certified that it did not export 

fresh garlic to the United States during 

the period of investigation (POI). 

Pursuant to section 751(a)(2)(B)(i)(II) of 

the Act and 19 CFR 351.214(b)(2)(iii)(A), 

Dongbao, certified that, since the 

initiation of the investigation, it has 

never been affiliated with any exporter 

or grower who exported fresh garlic to 

the United States during the POI, 

including those not individually 

examined during the investigation. As 

57562 Federal Register / Vol. 70, No. 190 / Monday, October 3, 2005 / Notices 

1 ‘‘Tails’’ in this context means the tail fan, which 

includes the telson and the uropods. 

required by 19 CFR 351.214(b)(2)(iii)(B), 

Dongbao also certified that its export 

activities were not controlled by the 

central government of the PRC. 

In addition to the certifications 

described above, the exporter submitted 

documentation establishing the 

following: (1) the date on which it first 

shipped fresh garlic for export to the 

United States and the date on which the 

fresh garlic was first entered, or 

withdrawn from warehouse, for 

consumption; (2) the volume of its first 

shipment and the volume of subsequent 

shipments; and (3) the date of its first 

sale to an unaffiliated customer in the 

United States. 

Pursuant to section 751(a)(2)(B) of the 

Act and 19 CFR 351.214(d)(1), we are 

initiating this new shipper review for 

shipments of fresh garlic from the PRC 

grown and exported by Dongbao. 

The POR is November 1, 2004, 

through April 30, 2005. See 19 CFR 

351.214(g)(1)(i)(B). We intend to issue 

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. 

Because Dongbao has certified that it 

grew and exported the fresh garlic on 

which it based its request for a new 

shipper review, we will instruct U.S. 

Customs and Border Protection (CBP) to 

allow, at the option of the importer, the 

posting of a bond or security in lieu of 

a cash deposit for each entry of fresh 

garlic both grown and exported by 

Dongbao until the completion of the 

new shipper review, pursuant to section 

751(a)(2)(B)(iii) of the Act. Interested 

parties that need 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 in 

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

the Act and 19 CFR 351.214 and 

351.221(c)(1)(i). 

Dated: September 23, 2005. 

Holly A. Kuga, 

Acting Assistant Secretary for Import 

Administration. 

[FR Doc. 05–19685 Filed 9–30–05; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

(A–331–802) 

Notice of Initiation of New Shipper 

Antidumping Duty Review: Certain 

Frozen Warmwater Shrimp from 

Ecuador 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

ACTION: Initiation of New Shipper 

Antidumping Duty Review. 

SUMMARY: The Department of Commerce 

(the Department) has received a request 

for a new shipper review of the 

antidumping duty order on certain 

frozen warmwater shrimp from Ecuador 

published on February 1, 2005 (70 FR 

5156). 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 new shipper review of 

Studmark, S.A. (Studmark). 

EFFECTIVE DATE: October 3, 2005. 

FOR FURTHER INFORMATION CONTACT: 

David Goldberger or Gemal Brangman, 

AD/CVD Operations, Office 2, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW, Washington, DC 20230; 

telephone: (202) 482–4136 or (202) 482–

3773, respectively; 

SUPPLEMENTARY INFORMATION: The 

Department received a timely request 

from Studmark, in accordance with 19 

CFR 351.214(c), for a new shipper 

review of the antidumping duty order 

on certain frozen warmwater shrimp 

from Ecuador. See Notice of Amended 

Final Determination of Sales at Less 

Than Fair Value and Antidumping Duty 

Order: Certain Frozen Warmwater 

Shrimp from Ecuador, 70 FR 5156 

(February 1, 2005). 

Pursuant to 19 CFR 351.214(b), 

Studmark certified that it is both an 

exporter and producer of the subject 

merchandise, that it did not export 

subject merchandise to the United 

States during the period of the 

investigation (POI) (October 1, 2002, 

through September 30, 2003), and that 

it was not affiliated with any exporter or 

producer who exported the subject 

merchandise to the United States during 

the POI. Studmark also submitted 

documentation establishing the date on 

which the subject merchandise was first 

entered for consumption, the volume 

shipped, and the date of its first sale to 

an unaffiliated customer in the United 

States. 

Scope of the Order 

The scope of this order includes 

certain warmwater shrimp and prawns, 

whether frozen, wild–caught (ocean 

harvested) or farm–raised (produced by 

aquaculture), head–on or head–off, 

shell–on or peeled, tail–on or tail–off,1

deveined or not deveined, cooked or 

raw, or otherwise processed in frozen 

form. 

The frozen warmwater shrimp and 

prawn products included in the scope of 

this order, regardless of definitions in 

the Harmonized Tariff Schedule of the 

United States (HTS), are products which 

are processed from warmwater shrimp 

and prawns through freezing and which 

are sold in any count size. 

The products described above may be 

processed from any species of 

warmwater shrimp and prawns. 

Warmwater shrimp and prawns are 

generally classified in, but are not 

limited to, the Penaeidae family. Some 

examples of the farmed and wild–

caught warmwater species include, but 

are not limited to, whiteleg shrimp 

(Penaeus vannemei), banana prawn 

(Penaeus merguiensis), fleshy prawn 

(Penaeus chinensis), giant river prawn 

(Macrobrachium rosenbergii), giant tiger 

prawn (Penaeus monodon), redspotted 

shrimp (Penaeus brasiliensis), southern 

brown shrimp (Penaeus subtilis), 

southern pink shrimp (Penaeus 

notialis), southern rough shrimp 

(Trachypenaeus curvirostris), southern 

white shrimp (Penaeus schmitti), blue 

shrimp (Penaeus stylirostris), western 

white shrimp (Penaeus occidentalis), 

and Indian white prawn (Penaeus 

indicus). 

Frozen shrimp and prawns that are 

packed with marinade, spices or sauce 

are included in the scope of this order. 

In addition, food preparations, which 

are not ‘‘prepared meals,’’ that contain 

more than 20 percent by weight of 

shrimp or prawn are also included in 

the scope of this order. 

Excluded from the scope are: 1) 

breaded shrimp and prawns (HTS 

subheading 1605.20.10.20); 2) shrimp 

and prawns generally classified in the 

Pandalidae family and commonly 

referred to as coldwater shrimp, in any 

state of processing; 3) fresh shrimp and 

prawns whether shell–on or peeled 

(HTS subheading 0306.23.00.20 and 

0306.23.00.40); 4) shrimp and prawns in 

prepared meals (HTS subheading 

1605.20.05.10); 5) dried shrimp and 

prawns; 6) canned warmwater shrimp 

and prawns (HTS subheading 

1605.20.10.40); 7) certain dusted 

shrimp; and 8) certain battered shrimp.