[Federal Register Volume 66, Number 112 (Monday, June 11, 2001)]
[Notices]
[Pages 31204-31206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14644]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-851]


Final Results of First New Shipper Review and First Antidumping 
Duty Administrative Review: 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 November 7, 2000, the Department of Commerce published the 
preliminary results of the first new shipper review and first 
administrative review of the antidumping duty order on certain 
preserved mushrooms from the People's Republic of China with respect to 
China Processed Food Import & Export Co., Gerber Food (Yunnan) Co., 
Ltd., and Raoping Xingyu Foods Co., Ltd. (new shipper). The period of 
review is August 5, 1998, through January 31, 2000.
    We received case briefs from the petitioners,\1\ Gerber Food 
(Yunnan) Co., Ltd., and Raoping Xingyu Foods Co., Ltd., and rebuttal 
briefs from these three parties and China Processed Food Import & 
Export Co. Based on our analysis of the comments received, we have made 
changes in the margin calculations. Therefore, the final results

[[Page 31205]]

differ from the preliminary results. The final weighted-average dumping 
margins for the reviewed firms are listed below in the section entitled 
``Final Results of Reviews.''
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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 Mushroom Farms, Inc., Toughkenamon, PA; Monterey 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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EFFECTIVE DATE: June 11, 2001.

FOR FURTHER INFORMATION CONTACT: David J. Goldberger or Katherine 
Johnson, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W., 
Washington, D.C. 20230; telephone: (202) 482-4136 or (202) 482-4929, 
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 November 7, 2000, the Department published the preliminary 
results of the new shipper review of Raoping Xingyu Foods, Ltd. 
(Raoping), and the preliminary results of the administrative review of 
China Processed Food Import & Export Co. (China Processed) and Gerber 
Food (Yunnan) Co. (Gerber) with respect to the antidumping duty order 
on certain preserved mushrooms from the People's Republic of China 
(PRC) (65 FR 66703). We invited interested parties to comment on the 
preliminary results of these reviews. On April 6, 2001, we received 
comments from the petitioners, Gerber, and Raoping. The petitioners, 
China Processed, Gerber, and Raoping submitted rebuttal comments on 
April 13, 2001. The Department has now completed these reviews, in 
accordance with section 751 of the Act and 19 CFR 351.213 and 351.214.

Scope of the Order

    The products covered by the order are certain preserved mushrooms 
whether imported whole, sliced, diced, or as stems and pieces. The 
preserved mushrooms covered under the order 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 the 
order 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 the order 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 the order is currently classifiable 
under subheadings 2003.10.0027, 2003.10.0031, 2003.10.0037, 
2003.10.0043, 2003.10.0047, 2003.10.0053, and 0711.90.4000 of the 
Harmonized Tariff Schedule of the United States (``HTSUS''). Although 
the HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the scope of the order is 
dispositive.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
these administrative reviews are addressed in the ``Issues and Decision 
Memorandum'' (Decision Memorandum) from Richard W. Moreland, Deputy 
Assistant Secretary for Import Administration, to Faryar Shirzad, 
Assistant Secretary for Import Administration, dated May 31, 2001, 
which is hereby 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 these 
reviews and the corresponding recommendations in this public memorandum 
which is on file the Central Records Unit in Room B-099 of the main 
Commerce Building. In addition, a complete version of the Decision 
Memorandum can be accessed directly on the Web at http://ia.ita.doc.gov/frn. The paper copy and electronic version of the 
Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we have made 
certain changes to the margin calculations. For a discussion of these 
changes, see the ``Margin Calculations'' section of the Decision 
Memorandum.

Final Results of Review

    We determine that the following weighted-average margin percentages 
exist for the period August 5, 1998, through January 31, 2000:

------------------------------------------------------------------------
                                                                Margin
                   Exporter/manufacturer                      percentage
------------------------------------------------------------------------
Raoping Xingyu Foods Co., Ltd..............................        47.61
China Processed Food Import & Export Co....................         0.00
Gerber Food (Yunnan) Co....................................       111.04
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Assessment Rates

    The Department shall determine, and the Customs Service shall 
assess, antidumping duties on all appropriate entries. In accordance 
with 19 CFR 351.212(b), we have calculated importer-specific ad valorem 
duty assessment rates. We will direct the Customs Service to assess the 
resulting percentage margins against the entered Customs values for the 
subject merchandise on each of that importer's entries under the 
relevant order during the review period (see 19 CFR 351.212(a)). 
Pursuant to 19 CFR 351.106(c)(2), we will instruct the Customs Service 
to liquidate without regard to antidumping duties all entries for any 
importer for whom the assessment rate is de minimis (i.e., less than 
0.50 percent). For entries from the PRC non-market economy (NME) entity 
companies (i.e., PRC exporters which are not entitled to separate 
rates), the Customs Service shall assess ad valorem duties at the PRC-
wide rate. Because the PRC-wide entity was not reviewed during this 
period of review (POR), the PRC-wide rate remains that established in 
the less-than-fair-value investigation.

Cash Deposit Requirements

    The following deposit rates shall be required for merchandise 
subject to the order entered, or withdrawn from warehouse, for 
consumption on or after the publication date of these final results of 
administrative and new shipper reviews, as provided by section 
751(a)(1) of the Act: (1) The cash deposit rate for each reviewed 
company will be the rate indicated above; (2) the cash

[[Page 31206]]

deposit rate for PRC exporters who received a separate rate in a prior 
segment of the proceeding but of whom a review was not requested for 
this POR will continue to be the rate assigned in that segment of the 
proceeding; (3) the cash deposit rate for the PRC NME entity (i.e., all 
other exporters which have not been reviewed) will continue to be 
198.63 percent; and (4) the cash deposit rate for non-PRC exporters of 
subject merchandise from the PRC will be the rate applicable to the PRC 
supplier of that exporter. These deposit requirements, when imposed, 
shall remain in effect until publication of the final results of the 
next administrative review for these companies.
    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 these review periods. 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 notice also serves as the only reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely written 
notification of the return/destruction of APO materials or conversion 
to judicial protective order is hereby requested. Failure to comply 
with the regulations and terms of an APO is a violation which is 
subject to sanction.
    These administrative reviews and notice are in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213 and 
351.214.

    Dated: May 31, 2001.
Faryar Shirzad,
Assistant Secretary for Import Administration.

Appendix

    List of Comments and Issues in the Decision Memorandum:

Comment 1: India versus Indonesia as Surrogate Country
Comment 2: Fresh Mushroom Valuation
Comment 3: Factory Overhead, SG&A, and Profit Ratios
Comment 4: Classification of Personnel Expenses
Comment 5: Valuation of Tin Plate
Comment 6: Valuation of Steam Coal
Comment 7: Valuation of Cans Consumed by Raoping
Comment 8: Adjustment for Brined Mushrooms Valuation
Comment 9: Spawn Valuation Calculation
Comment 10: Bona Fides of China Processed's U.S. Sale
Comment 11: Use of China Processed's Factor Data
Comment 12: Raoping's Labor Consumption Figure

[FR Doc. 01-14644 Filed 6-8-01; 8:45 am]
BILLING CODE 3510-DS-P