Federal Register / Vol. 75, No. 194 / Thursday, October 7, 2010 / Notices 62107 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–928] 

Uncovered Innerspring Units 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: October 7, 2010. 

SUMMARY: The Department of Commerce 

(‘‘Department’’) has determined that a 

request for a new shipper review 

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

on uncovered innerspring units from the 

People’s Republic of China (‘‘PRC’’), 

received on August 20, 2010, meets the 

statutory and regulatory requirements 

for initiation. The period of review 

(‘‘POR’’) for this NSR is February 1, 

2010, through July 31, 2010. The request 

was filed on behalf of Foshan Nanhai 

Jiujiang Quan Li Spring Hardware 

Factory (‘‘Quan Li’’) and Foshan 

Yongnuo Import & Export Co. Ltd 

(‘‘Yongnuo’’). Quan Li is the producer of 

subject merchandise and Yongnuo is the 

exporter. Therefore, subject 

merchandise that is produced by Quan 

Li and exported by Yongnuo is the 

subject of this NSR. In this instance, 

Yongnuo’s sale of subject merchandise 

was made during the POR specified by 

the Department’s regulations but the 

shipment entered four 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 Yongnuo by 

four days. 

FOR FURTHER INFORMATION CONTACT: 

Steven Hampton, 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– 

482–0116. 

SUPPLEMENTARY INFORMATION: 

Background 

The notice announcing the 

antidumping duty order on uncovered 

innerspring units from the PRC was 

published in the Federal Register on 

February 19, 2009. See Uncovered 

Innerspring Units from the People’s 

Republic of China: Notice of 

Antidumping Duty Order, 74 FR 7661 

(February 19, 2009) (‘‘Antidumping Duty 

Order’’). On August 20, 2010, 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 Yongnuo. 

Yongnuo’s request was properly made 

during August 2010, which is the semiannual anniversary of the Antidumping 

Duty Order. Quan Li certified that it is 

the producer and Yongnuo certified that 

it is the exporter of the subject 

merchandise upon which the request 

was based. 

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

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

Quan Li and Yongnuo certified that they 

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), 

Quan Li and Yongnuo certified that, 

since the initiation of the investigation, 

they have 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 

examined during the investigation. As 

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

Yongnuo 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), Yongnuo submitted 

documentation establishing the 

following: (1) The date on which 

Yongnuo 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 invoice dated within the 

POR as evidence that Yongnuo 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 

Yongnuo meets the threshold 

requirements for initiation of a new 

shipper review for shipments of 

uncovered innerspring units from the 

PRC produced by Quan Li and exported 

by Yongnuo. 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 Yongnuo, which 

will include a section requesting 

information with regard to its export 

activities for separate rates purposes. 

The review will proceed if the response 

provides sufficient indication that 

Yongnuo 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 Yongnuo in accordance with 

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

19 CFR 351.214(e). Because Quan Li 

certified it produced the subject 

merchandise, and Yongnuo certified 

that it exported the subject 

merchandise, the sale of which is the 

basis for this new shipper review 

request, we will apply the bonding 

privilege to Quan Li and Yongnuo only 

for subject merchandise which Quan Li 

produced and Yongnuo 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). 


jdjones on DSK8KYBLC1PROD with NOTICES
62108 Federal Register / Vol. 75, No. 194 / Thursday, October 7, 2010 / Notices 

1Both companies did provide information 

regarding their eligibility for separate rates in their 

requests for review. 

Dated: September 29, 2010. 

Susan H. Kuhbach, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. 2010–25239 Filed 10–6–10; 8:45 am] 

BILLING CODE 3510–DS–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 Reviews 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(the Department) has received requests 

for new shipper reviews (NSRs) 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 Act), and 19 CFR 

351.214(d), we are initiating 

antidumping duty NSRs of Guangxi 

Hengyong Industrial & Commercial Dev. 

Ltd., (Hengyong) and Zhangzhou 

Hongda Import & Export Trading Co., 

Ltd. (Hongda). The period of review 

(POR) of these NSRs is February 1, 2010 

through July 31, 2010. 

DATES: Effective Date: October 7, 2010. 

FOR FURTHER INFORMATION CONTACT: Fred 

Baker, Scott Hoefke, 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, (202) 482– 

4947, 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 from the PRC has 

a February anniversary month. On 

August 31, 2010, the Department 

received requests for NSRs from 

Hengyong and Hongda. 

In its request for review Hongda 

identified itself as the exporter of the 

subject merchandise, and Fujian 

Haishan Foods Co., Ltd. (Haishan) as the 

producer. In contrast, Hengyong 

identified itself as the exporter of the 

subject merchandise, and its affiliated 

branch supplier Hengyong Industrial 

and Commercial Dev. Ltd. Hengxian 

Food Division (collectively, 

‘‘Hengyong’’) as the producer. The 

Department determined that both 

requests contained certain deficiencies 

and requested that both respondents 

correct their submissions. See 

September 23, 2010 letters from Robert 

James, Program Manager, to Hengyong 

and Hongda, respectively. In accordance 

with the Department’s requests, 

Hengyong and Hongda corrected the 

deficiencies in their initial submissions 

in revised submissions dated September 

24, 2010. For the purpose of initiating 

these NSRs, the Department determines 

that Henyong’s and Hongda’s original 

submissions were timely filed. 

Pursuant to the requirements set forth 

in section 751(a)(2)(B)(i) of the Act and 

19 CFR 351.214(b)(2), Hengyong, 

Hongda, and Haishan certified that (1) 

they did not export subject merchandise 

to the United States during the original 

period of investigation (POI) (see section 

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

351.214(b)(2)(i) & (ii)); (2) since the 

initiation of the investigation they have 

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 and 

19 CFR 351.214(b)(2)(iii)(A)); and (3) 

their export activities were not 

controlled by the central government of 

the PRC (see 19 CFR 

351.214(b)(2)(iii)(B)). Additionally, in 

accordance with 19 CFR 

351.214(b)(2)(iv), Hengyong and Hongda 

submitted documentation establishing 

the following: (1) The date on which 

they first shipped subject merchandise 

to the United States; (2) the volume of 

their first shipments; and (3) the date of 

their first sales to unaffiliated customers 

in the United States. They also certified 

they had no shipments to the United 

States during the period subsequent to 

their first shipments. 

Initiation of Reviews 

Based on information on the record 

and in accordance with section 

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

351.214(d) of the Department’s 

regulations, we find the requests 

Hengyong and Hongda submitted meet 

the statutory and regulatory 

requirements for initiation of NSRs. See 

Memoranda to the File through Richard 

Weible, ‘‘Request for AD New Shipper 

Review: Certain Preserved Mushrooms 

from the People’s Republic of China (A– 

570–851),’’ dated September 29, 2010. 

Accordingly, we are initiating a NSR of 

the antidumping duty order on certain 

preserved mushrooms from the PRC 

manufactured and exported by 

Hengyong, and a NSR on certain 

preserved mushrooms from the PRC 

manufactured by Haishan and exported 

by Hongda. These reviews cover the 

period February 1, 2010 through July 31, 

2010. We intend to issue the 

preliminary results of these reviews no 

later than 180 days after the date on 

which these reviews are 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. See, e.g., 

Wooden Bedroom Furniture from the 

People’s Republic of China: Initiation of 

Antidumping Duty New Shipper 

Reviews, 75 FR 10214, 10215 (March 5, 

2010). Accordingly, we will issue 

questionnaires to Hengyong and Hongda 

that will include a separate rates 

section.1 These reviews will proceed if 

these responses provide sufficient 

indication that Hengyong and Hongda 

are not subject to either de jure or de 

facto government control with respect to 

their exports of preserved mushrooms. 

However, if Hengyong and Hongda do 

not demonstrate eligibility for separate 

rates, they will be deemed not to have 

met the requirements of section 

751(2)(B)(i) of the Act and 19 CFR 

351.214(b)(2)(i), and therefore not 

separate from the PRC-wide entity. We 

will therefore rescind the NSRs. See, 

e.g., Certain Preserved Mushrooms from 

the People’s Republic of China: Notice 

of Initiation of Antidumping Duty New 

Shipper Review, 74 FR 15698 (April 7, 

2009). 

We will instruct the 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 


jdjones on DSK8KYBLC1PROD with NOTICES