[Federal Register Volume 75, Number 23 (Thursday, February 4, 2010)]
[Notices]
[Pages 5763-5764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-2417]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-855]


Certain Non-Frozen Apple Juice Concentrate from the People's 
Republic of China: Initiation of Antidumping Duty New Shipper Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

DATES: Effective Date: February 4, 2010.
SUMMARY:  The Department of Commerce (``Department'') has determined 
that a request for a new shipper review (``NSR'') of the antidumping 
duty order on certain non-frozen apple juice concentrate (``apple 
juice'') from the People's Republic of China (``PRC''), received on 
December 15, 2009, meets the statutory and regulatory requirements for 
initiation. The period of review (``POR'') for this NSR is June 1, 
2009, through January 20, 2010. In this instance, LXFI's sale of 
subject merchandise was made during the POR specified by the 
Department's regulations but the shipment entered within fifty-one days 
after the end of that POR. The Department finds that extending the POR 
to capture this entry would not prevent the completion of the review 
within the time limits set by the Department's regulations. Therefore, 
the Department has extended the POR for the new shipper review of LXFI 
by 51 days. See ``Memorandum to the File through Alex Villanueva, 
Program Manager, New Shipper Review: Certain Non-Frozen Apple Juice 
Concentrate from the People's Republic of China (A-570-855), Placing 
CBP data on the record,'' dated concurrently with this notice.

FOR FURTHER INFORMATION CONTACT: Eliana Abreu, 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: 202-482-4849.

SUPPLEMENTARY INFORMATION:

Background

    The notice announcing the antidumping duty order on apple juice 
from the PRC was published in the Federal Register on June 5, 2000. See 
Notice of Amended Final Determination of Sales at Less Than Fair Value 
and Antidumping Duty Order: Certain Non Frozen Apple Juice Concentrate 
From the People's Republic of China, 65 FR 35606 (June 5, 2000) 
(``Antidumping Duty Order''). On December 15, 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 a NSR request from Lingbao 
Xinyuan Fruit Industry Co. (``LXFI''). LXFI's request was properly made 
during December 2009, which is the semi-annual anniversary of the 
Antidumping Duty Order. LXFI also submitted amendments to its initial 
NSR request on December 28, 2009. LXFI certified that it is a producer 
and exporter of the subject merchandise upon which the request was 
based. LXFI did not submit a public version, but instead adequately 
summarized proprietary information and provided explanations as to why 
certain proprietary information is not capable of summarization.
    Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 
351.214(b)(2)(i), LXFI certified that it did not export subject 
merchandise to the United States during the period of investigation 
(``POI''). In addition, pursuant to section 751(a)(2)(B)(i)(II) of the 
Act and 19 CFR 351.214(b)(2)(iii)(A), LXFI certified that, since the 
initiation of the investigation, it has never been affiliated with any 
Chinese exporter or producer who exported subject merchandise to the 
United States during the POI, including those respondents not 
individually

[[Page 5764]]

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