5764 Federal Register / Vol. 75, No. 23 / Thursday, February 4, 2010 / Notices 

1The Department placed the business proprietary 

CBP data on the record and released it to interested 

parties under the Administrative Protective Order. 

See ‘‘Memorandum to the File from Blaine Wiltse; 

Placing CBP Data on the Record of New Shipper 

Reviews of Honey from the People’s Republic of 

China,’’ dated January 8, 2010, and ‘‘Memorandum 

to the File from Irene Gorelik; Placing Second Run 

of CBP Data on the Record of New Shipper Reviews 

of Honey from the People’s Republic of China,’’ 

dated January 22, 2010. 

examined during the investigation. As 

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

LXFI also certified that its export 

activities were not controlled by the 

central government of the PRC. 

In addition to the certifications 

described above, pursuant to 19 CFR 

351.214(b)(2)(iv), LXFI submitted 

documentation establishing the 

following: (1) the date on which LXFI 

first shipped subject merchandise for 

export to the United States and; (2) the 

volume of its first shipment; and (3) the 

date of its first sale to an unaffiliated 

customer in the United States. 

When the sale of the subject 

merchandise occurs within the POR 

specified by the Department’s 

regulations but the entry occurs after the 

POR, the specified POR may be 

extended unless it would be likely to 

prevent the completion of the review 

within the time limits set by the 

Department’s regulations. See 19 CFR 

351.214(f)(2)(ii). Additionally, the 

preamble to the Department’s 

regulations states that both the entry 

and the sale should occur during the 

POR, and that under ‘‘appropriate’’ 

circumstances the Department has the 

flexibility to extend the POR. See 

Antidumping Duties; Countervailing 

Duties; Final Rule, 62 FR 27296, 27319– 

27320 (May 19, 1997). 

For purposes of initiation, Department 

accepts the contract dated within the 

POR as evidence that LXFI had a sale to 

the United States during the POR. 

However, the Department will consider 

further the proper date of sale in the 

context of this new shipper review and 

whether that sale occurred during the 

POR. 

Initiation of New Shipper Reviews 

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

Tariff Act of 1930, as amended (the 

‘‘Act’’) and 19 CFR 351.214(d)(1), we 

find that the request submitted by LXFI 

meets the threshold requirements for 

initiation of a new shipper review for 

shipments of apple juice from the PRC 

produced and exported by LXFI. See 

‘‘Memorandum to the File Through Alex 

Villanueva, Project Manager, New 

Shipper Initiation Checklist: Certain 

Non–Frozen Apple Juice Concentrate 

From the PRC (A–570–855),’’ dated 

concurrently with this notice. The POR 

is June 01, 2009, through November 30, 

2009. See 19 CFR 351.214(g)(1)(i)(B). 

The Department intends to issue the 

preliminary results of this NSR no later 

than 180 days from the date of 

initiation, and the final results no later 

than 270 days from the date of 

initiation. See section 751(a)(2)(B)(iv) of 

the Act. 

It is the Department’s usual practice, 

in cases involving non–market 

economies, to require 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. Accordingly, we will 

issue questionnaires to LXFI, which will 

include a section requesting information 

with regard to LXFI’s export activities 

for separate rates purposes. The review 

will proceed if the response provides 

sufficient indication that LXFI is not 

subject to either de jure or de facto 

government control with respect to its 

export of subject merchandise. 

We will instruct U.S. Customs and 

Border Protection 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 

each entry of the subject merchandise 

from LXFI in accordance with section 

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

351.214(e). Because LXFI certified that 

it both produced and exported the 

subject merchandise, the sale of which 

is the basis for this new shipper review 

request, we will apply the bonding 

privilege to LXFI only for subject 

merchandise which LXFI both produced 

and exported. 

Interested parties requiring access to 

proprietary information in this NSR 

should submit applications for 

disclosure under administrative 

protective order in accordance with 19 

CFR 351.305 and 19 CFR 351.306. 

This initiation and notice are in 

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

the Act and 19 CFR 351.214 and 19 CFR 

351.221(c)(1)(i). 

Dated: January 29, 2010. 

John M. Andersen, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. 2010–2417 Filed 2–3–10; 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: Initiation of New Shipper 

Antidumping Duty Reviews 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

DATES: Effective Date: February 4, 2010. 

SUMMARY: The Department of Commerce 

(‘‘Department’’) has determined that two 

requests for new shipper reviews 

(‘‘NSRs’’) of the antidumping duty order 

on honey from the People’s Republic of 

China (‘‘PRC’’), received on December 

10, 2009, and December 12, 2009, 

respectively, meet the statutory and 

regulatory requirements for initiation. 

The period of review (‘‘POR’’) of these 

two NSRs is December 1, 2008 through 

November 30, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Irene Gorelik, AD/CVD Operations, 

Office 9, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Avenue, NW, 

Washington, DC 20230; telephone: (202) 

482–6905. 

SUPPLEMENTARY INFORMATION: 

Background 

The antidumping duty order on honey 

from the PRC was published in the 

Federal Register on December 10, 2001. 

See Notice of Amended Final 

Determination of Sales at Less Than Fair 

Value and Antidumping Duty Order; 

Honey from the People’s Republic of 

China, 66 FR 63670 (December 10, 2001) 

(‘‘Order’’). On December 10, 2009, and 

December 12, 2009, pursuant to section 

751(a)(2)(B)(i) of the Tariff Act of 1930, 

as amended (‘‘Act’’), and 19 CFR 

351.214(c), the Department received two 

timely filed requests for a NSR of the 

Order from Suzhou Shanding Honey 

Product Co., Ltd. (‘‘Suzhou Shanding’’) 

and Wuhu Fenglian Co., Ltd. (‘‘Wuhu 

Fenglian’’), respectively. Both Suzhou 

Shanding and Wuhu Fenglian have 

certified that they are both the producer 

and exporter of the subject merchandise 

upon which the request for the NSRs are 

based. 

The Department conducted queries 

for data from the U.S. Customs and 

Border Protection (‘‘CBP’’) and requested 

CBP entry document packages to 

confirm that the shipments made by 

Suzhou Shanding and Wuhu Fenglian 

had officially entered the United States 

via assignment of an entry date in the 

CBP database.1 In addition, the 

Department confirmed the existence of 

Suzhou Shanding and Wuhu Fenglian 

and their corresponding U.S. customers. 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 23 / Thursday, February 4, 2010 / Notices 5765 

Initiation of New Shipper Reviews 

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

Act and 19 CFR 351.214(d)(1), the 

Department finds that Suzhou Shanding 

and Wuhu Fenglian meet the threshold 

requirements for initiation of a NSR for 

the shipment of honey from the PRC 

they produced and exported. See 

‘‘Memorandum to File through James C. 

Doyle, Director, Office 9 from Catherine 

Bertrand, Program Manager, Office 9; 

Re: Honey from the People’s Republic of 

China: Initiation of AD New Shipper 

Review for Suzhou Shanding Honey 

Product Co., Ltd.’’ dated January 31, 

2010 and ‘‘Memorandum to File through 

James C. Doyle, Director, Office 9 from 

Catherine Bertrand, Program Manager, 

Office 9; Re: Honey from the People’s 

Republic of China: Initiation of AD New 

Shipper Review for Wuhu Fenglian Co., 

Ltd.,’’ dated January 31, 2010. 

The Department intends to issue the 

preliminary results of these NSRs no 

later than 180 days from the date of 

initiation, and final results no later than 

270 days from the date of initiation. See 

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

Because both Suzhou Shanding and 

Wuhu Fenglian certified that they 

produced and exported subject 

merchandise, the sales of which form 

the basis for their respective requests for 

a new shipper review, we will instruct 

CBP to allow, at the option of the 

importer until the completion of the 

reviews, the posting of a bond or 

security in lieu of a cash deposit for 

each entry of the subject merchandise 

produced and exported by Suzhou 

Shanding and produced and exported 

by Wuhu Fenglian in accordance with 

section 751(a)(2)(B)(iii) of the Act and 

19 CFR 351.214(e). The bonding 

privilege will apply only to subject 

merchandise produced and exported by 

Suzhou Shanding and subject 

merchandise produced and exported by 

Wuhu Fenglian. 

Interested parties requiring access to 

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 

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: January 29, 2010. 

John M. Andersen, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. 2010–2415 Filed 2–3–04; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[Docket No. 090219207–0016–02] 

RIN 0648-ZC05 

NOAA Coastal and Marine Habitat 

Restoration Project Supplemental 

Funding 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of supplemental funding 

for NOAA Coastal and Marine Habitat 

Restoration Projects. 

SUMMARY: The National Marine 

Fisheries Service (NMFS) publishes this 

notice to describe how it will administer 

the approximately 3 percent of funding 

that remains from the original allocation 

provided to NMFS under the American 

Recovery and Reinvestment Act 

(ARRA). These funds were set aside 

specifically to manage and mitigate risks 

to the original habitat restoration 

investments and ensure program goals 

are achieved. NMFS is only accepting 

requests for supplemental funding from 

existing ARRA grantees that were 

awarded funds as a result of the original 

competition. There is the possibility 

that NMFS may also fund additional 

projects selected from the ranked list of 

previously reviewed proposals that was 

provided to the Selecting Official as part 

of the original competition. 

DATES: Recipients of ARRA Habitat 

Restoration project awards may contact 

NMFS to discuss the process for 

requesting supplemental funding. 

Requests for supplemental funding will 

be considered on a rolling basis. 

FOR FURTHER INFORMATION CONTACT: 

Melanie Gange at (301) 713–0174, or by 

e-mail at Melanie.Gange@noaa.gov. 

SUPPLEMENTARY INFORMATION: In 2009, 

NMFS provided ARRA funding for 50 

habitat restoration projects. These 

projects were selected on a competitive 

basis from among 814 eligible 

applications submitted in response to a 

Federal Register Notice published 

March 6, 2009 (74 FR 9793). 

Approximately 3 percent of the funding 

originally allocated to NMFS was held 

in reserve to manage and mitigate risks 

to these habitat restoration investments 

and ensure program goals for economic 

and ecological value are achieved. 

NMFS intends to award these remaining 

funds to its existing ARRA grantees 

pursuant to the priorities below and 

potentially to additional projects 

selected from the ranked list of 

previously reviewed proposals. No other 

new applications will be accepted. 

Requests for supplemental funding will 

be considered on a case-by-case basis, 

based on bona fide need and priorities 

listed herein, and not in the order in 

which requests are received. 

Electronic Access 

Current recipients of ARRA Habitat 

Restoration project awards should 

contact their Federal Program Officer at 

301–713–0174, or by email, for further 

information regarding the process for 

requesting supplemental funding. 

Federal Program Officers and their 

contact information are identified in 

award information available to 

recipients in NOAA’s Grants Online. 

The 50 projects selected for funding 

as a result of the original competition 

can be viewed at http:// 

www.nmfs.noaa.gov/habitat/restoration/ 

restorationatlas/recoverylmap.html. 

Statutory Authority 

The Secretary of Commerce is 

authorized under the Magnuson-Stevens 

Fishery Conservation and Management 

Reauthorization Act of 2006 (16 U.S.C. 

1891a) and the Fish and Wildlife 

Coordination Act (16 U.S.C. 661, as 

amended by the Reorganization Plan 

No. 4 of 1970) to provide grants and 

cooperative agreements for habitat 

restoration. 

Funding Availability 

To meet ARRA and agency goals for 

accountability and risk management, 

approximately 3 percent of the original 

ARRA allocation for habitat restoration 

was set aside to serve as a risk margin 

for unforeseen changes to technical, 

financial, or scheduling aspects of 

funded restoration projects. Remaining 

funds will be made available primarily 

to existing recipients of NOAA ARRA 

Habitat Restoration project awards. 

NOAA does not guarantee that sufficient 

funds will be available to make awards 

for all supplemental requests. 

Publication of this document does not 

obligate NOAA to award funds for any 

specific project or to obligate all or any 

parts of any available funds. Funds will 

primarily be issued as amendments to 

current ARRA awards. 

Eligibility 

This funding is for current recipients 

of NOAA ARRA Habitat Restoration 

project awards. 

Funding Priorities 

NMFS expects to award remaining 

funds primarily to existing grantees who 

have met one or more of the following 

priorities: 


srobinson on DSKHWCL6B1PROD with NOTICES