[Federal Register Volume 66, Number 166 (Monday, August 27, 2001)]
[Notices]
[Pages 45006-45007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-21605]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-851]


Final Results of New Shipper 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 New Shipper Review.

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SUMMARY: On June 7, 2001, the Department of Commerce published the 
preliminary results of the new shipper review on certain preserved 
mushrooms from the People's Republic of China with respect to Green 
Fresh Foods (Zhangzhou) Co., Ltd. The period of review is February 1, 
2000, through July 31, 2000.
    We received case and rebuttal briefs from the petitioners\1\ and 
Green Fresh Foods (Zhangzhou) Co., Ltd. Based on our analysis of the 
comments received, we have made changes in the margin calculation. 
Therefore, the final results differ from the preliminary results. The 
final weighted-average dumping margin for the reviewed firm is listed 
below in the section entitled ``Final Results of Review.''
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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: August 27, 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, NW., 
Washington, DC 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 (2000).

Background

    On June 7, 2001, the Department published the preliminary results 
of the new shipper review of Green Fresh Foods (Zhangzhou) Co., Ltd. 
(Green Fresh) with respect to the antidumping duty order on certain 
preserved mushrooms from the People's Republic of China (PRC) (66 FR 
30695). We invited interested parties to comment on the preliminary 
results of this review. On July 9, 2001, we received comments from the 
petitioners and Green Fresh. The petitioners and Green Fresh submitted 
rebuttal comments on July 16, 2001. The Department has now completed 
this review, in accordance with section 751 of the Act and 19 CFR 
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

[[Page 45007]]

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 fo 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 
this new shipper review 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 August 8, 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 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. 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 
changes to the margin calculation. 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 percentage 
exists for the period February 1, 2000, through July 31, 2000:

------------------------------------------------------------------------
                                                                Margin
                   Exporter/manufacturer                      percentage
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Green Fresh Foods (Zhangzhou) Co., Ltd.....................        29.87
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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 an importer-specific ad 
valorem duty assessment rate. We will direct the Customs Service to 
assess the resulting rate against the entered customs value for the 
subject merchandise on the importer's entry 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).

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 this final results of 
new shipper review, 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 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-wide 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.
    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 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.
    This new shipper review and notice are in accordance with sections 
751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.214.

    Dated: August 20, 2001.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.

Appendix--List of Comments and Issues in the Decision Memorandum

Comment 1: Factory Overhead, Selling, General and Administrative and 
Profit Ratios
Comment 2: Valuation of Steam Coal

[FR Doc. 01-21605 Filed 8-24-01; 8:45 am]
BILLING CODE 3510-DS-P