[Federal Register Volume 65, Number 160 (Thursday, August 17, 2000)]
[Notices]
[Pages 50183-50185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-20982]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-851]


Final Results of Antidumping Duty Administrative Review for Two 
Manufacturers/Exporters: Certain Preserved Mushrooms From the People's 
Republic of China

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

ACTION: Notice of final results of antidumping duty administrative 
review.

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SUMMARY: On June 30, 2000, the Department of Commerce published the 
preliminary results of the administrative review of the antidumping 
duty order on certain preserved mushrooms from the People's Republic of 
China for exports by Mei Wei Food Industry Co., Ltd. and Tak Fat 
Trading Co. entered during the period May 7, 1998, through January 31, 
2000 (65 FR 40609), on an expedited basis.
    We gave interested parties an opportunity to comment on the 
preliminary results and received comments from the respondents, and 
rebuttal comments from the petitioners. Based on our analysis of the 
comments received, the final results are unchanged from the preliminary 
results. The dumping margin applicable to the exports under review is 
the PRC-wide rate listed below in the section entitled ``Final Results 
of Review.'' These results do not cover exports of certain preserved 
mushrooms from the People's Republic of China by China Processed Food 
Import & Export Co. and Gerber Food (Yunnan) Co., Ltd. during the

[[Page 50184]]

period August 5, 1998, through January 31, 2000.

EFFECTIVE DATE: August 17, 2000.

FOR FURTHER INFORMATION CONTACT: David J. Goldberger or Rebecca 
Trainor, 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) 482-4007, 
respectively.

SUPPLEMENTARY INFORMATION:

Applicable Statute

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (the Act), are references to the provisions effective 
January 1, 1995, the effective date of the amendments made to the Act 
by the Uruguay Round Agreements Act. In addition, unless otherwise 
indicated, all citations to the Department of Commerce's (the 
Department's) regulations are to 19 CFR Part 351 (1999).

Background

    On June 30, 2000, the Department published the preliminary results 
of the administrative review of the antidumping duty order on certain 
preserved mushrooms from the People's Republic of China (PRC) for two 
manufacturer/exporters (65 FR 40609). We invited interested parties to 
comment on the preliminary results of review. On July 10, 2000, we 
received comments from the respondents Mei Wei Food Industry Co., Ltd. 
(Mei Wei) and Tak Fat Trading Co. (Tak Fat). The petitioners \1\ 
submitted rebuttal comments on July 17, 2000. The Department has now 
completed this review with respect to exports of certain preserved 
mushrooms from the PRC by Mei Wei and Tak Fat that were entered during 
the period May 7, 1998, through January 31, 2000, in accordance with 
section 751 of the Act and 19 CFR 351.213. The administrative review of 
certain preserved mushrooms which were exported from the PRC by China 
Processed Food Import & Export Co. (CPF) and Gerber Food (Yunnan) Co. 
(Gerber) during the period August 5, 1998, through January 31, 2000, 
continues and our preliminary results for these reviews will be issued 
by October 31, 2000.
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    \1\ The petitioners are the Coalition for Fair Preserved 
Mushroom Trade which includes the American Mushroom Institute and 
the following domestic companies: L.K. Bowman, Inc., Nottingham, PA; 
Modern Mushrooms Farms, Inc., Toughkernamon, PA; Monterrey 
Mushrooms, Inc., Watsonville, CA; Mount Laurel Canning Corp., 
Temple, PA; Mushrooms Canning Company, Kennett Square, PA; Southwood 
Farms, Hockessin, DE; Sunny Dell Foods, Inc., Oxford, PA; United 
Canning Corp., North Lima, OH.
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Scope of the Review

    The products covered by this review are certain preserved mushrooms 
whether imported whole, sliced, diced, or as stems and pieces. The 
preserved mushrooms covered under this review are the species Agaricus 
bisporus and Agaricus bitorquis. ``Preserved mushrooms'' refer to 
mushrooms that have been prepared or preserved by cleaning, blanching, 
and sometimes slicing or cutting. These mushrooms are then packed and 
heated in containers including but not limited to cans or glass jars in 
a suitable liquid medium, including but not limited to water, brine, 
butter or butter sauce. Preserved mushrooms may be imported whole, 
sliced, diced, or as stems and pieces. Included within the scope of 
this review are ``brined'' mushrooms, which are presalted and packed in 
a heavy salt solution to provisionally preserve them for further 
processing.
    Excluded from the scope of this review are the following: (1) All 
other species of mushroom, including straw mushrooms; (2) all fresh and 
chilled mushrooms, including ``refrigerated'' or ``quick blanched 
mushrooms''; (3) dried mushrooms; (4) frozen mushrooms; and (5) 
``marinated,'' ``acidified'' or ``pickled'' mushrooms, which are 
prepared or preserved by means of vinegar or acetic acid, but may 
contain oil or other additives.\2\
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    \2\ On June 19, 2000, the Department affirmed that 
``marinated,'' ``acidified,'' or ``pickled'' mushrooms containing 
less than 0.5 percent acetic acid are within the scope of the 
antidumping duty order. See ``Recommendation Memorandum--Final 
Ruling of Request by Tak Fat, et al. for Exclusion of Certain 
Marinated, Acidified Mushrooms from the Scope of the Antidumping 
Duty Order on Certain Preserved Mushrooms from the People's Republic 
of China,'' dated June 19, 2000.
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    The merchandise subject to this review is currently classifiable 
under subheadings 2003.1000.27, 2003.1000.31, 2003.1000.37, 
2003.1000.43, 2003.1000.47.2003.1000.53, and 0711.90.4000 of the 
Harmonized Tariff Schedule of the United States (``HTS''). Although the 
HTS subheadings are provided for convenience and Customs purposes, the 
written description of the scope of this review is dispositive.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the ``Issues and Decision 
Memorandum'' (Decision Memorandum) from Richard W. Moreland, Deputy 
Assistant Secretary, Import Administration, to Troy H. Cribb, Acting 
Assistant Secretary for Import Administration, dated August 11, 2000, 
which is adopted by this notice. A list of the issues which parties 
have raised and to which we have responded, all of which are in the 
Decision Memorandum, is attached to this notice as an Appendix. Parties 
can find a complete discussion of all issues raised in this review and 
the corresponding recommendations in this public memorandum which is on 
file in the Central Records Unit in Room B-099 of the main Commerce 
Building and accessible on the Web at http://ia.ita.doc.gov/frn. The 
paper copy and electronic version of the Decision Memorandum are 
identical in content.

Final Results of Review

    Based on our analysis of the comments received, the final results 
remain unchanged from the preliminary results, as we have applied the 
PRC-wide rate to exports of the subject merchandise by Mei Wei and Tak 
Fat for the reasons described in the preliminary results (see 65 FR 
40610-40611; June 30, 2000). The following margin applies for the 
period May 7, 1998, through January 31, 2000, for those imports of 
subject merchandise where the exporter is Mei Wei or Tak Fat: \3\
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    \3\ As discussed in the preliminary results, this determination 
does not constitute a finding of separate rates for Mei Wei or Tak 
Fat in this segment of the proceeding.

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                                                                Margin
                   Exporter/manufacturer                      percentage
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PRC-wide Rate..............................................       198.63
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    The Department shall determine, and the Customs Service shall 
assess, antidumping duties on all appropriate entries during the period 
of review, except for those entries made between May 7, 1998, through 
August 4, 1998, which are enjoined under Tak Fat v. United States, CIT 
court no. 99-03-00143. The Department will issue appraisement 
instructions directly to the Customs Service. Upon publication of the 
final results of this administrative review, the cash deposit rate for 
all shipments by Mei Wei or Tak Fat of the subject merchandise entered, 
or withdrawn from warehouse, for consumption on or after the 
publication date, will be the PRC-wide rate stated in the final results 
of this administrative review, as provided for by section 751(a)(1) of 
the Act. These deposit requirements, when imposed, shall remain in 
effect until publication of the final results of the next 
administrative review for these companies.

[[Page 50185]]

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this review period. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This administrative review and notice are in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: August 11, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.

Appendix

List of Comments and Issues in the Decision Memorandum
Comment 1: Whether Reviewed Entries Are Within the Scope of the 
Order
Comment 2: Use of Adverse Facts Available
Comment 3: Enjoined Entries During the ``Critical Circumstances'' 
Period

[FR Doc. 00-20982 Filed 8-16-00; 8:45 am]
BILLING CODE 3510-DS-P