[Federal Register Volume 68, Number 195 (Wednesday, October 8, 2003)]
[Notices]
[Pages 58071-58072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-25518]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-851]


Certain Preserved Mushrooms From the People's Republic of China: 
Rescission of Antidumping Duty New Shipper Review

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

ACTION: Notice of Rescission of the Antidumping Duty New Shipper 
Review.

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SUMMARY: In response to requests from Xiamen Zhongjia Imp. & Exp. Co., 
Ltd. and Zhangzhou Longhai Minhui Industry and Trade Co., Ltd., the 
Department of Commerce initiated a new shipper review of the 
antidumping duty order on certain preserved mushrooms from the People's 
Republic of China. The period of review is February 1, 2002, through 
July 31, 2002.
    For the reasons discussed below, this review has now been 
rescinded. No party submitted comments in response to our intent to 
rescind this review.

EFFECTIVE DATE: October 8, 2003.

FOR FURTHER INFORMATION CONTACT: Brian C. Smith or James Mathews, 
Office of AD/CVD Enforcement 1, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, N.W., Washington, D.C., 20230; telephone: (202) 
482-1766 and (202) 482-2778, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department of Commerce (``the Department'') initiated a new 
shipper review covering Xiamen Zhongjia Imp. & Exp. Co., Ltd. 
(``Zhongjia'') and Zhangzhou Longhai Minhui Industry and Trade Co., 
Ltd. (``Minhui'') on September 30, 2002. This initiation was based on, 
among other things, each company's certification that it was both the 
exporter and producer of the subject merchandise for which it requested 
a new shipper review. See Certain Preserved Mushrooms from the People's 
Republic of China: Initiation of New Shipper Antidumping Duty Review, 
67 FR 62438 (October 7, 2002) (``Initiation Notice''). On July 28, 
2003, we notified parties of our intent to rescind this review because 
during the course of conducting this review, both Zhongjia and Minhui 
revealed that they were not the producer of the subject merchandise 
they exported to the United States during the period of review 
(``POR'') (see Certain Preserved Mushrooms from the People's Republic 
of China: Intent to Rescind Antidumping Duty New Shipper Review, 68 FR 
45792 (August 4, 2003). Therefore, neither respondent provided the 
Department with the producer certification required for initiating this 
review. See 19 CFR 351.214(b)(2)(ii).

Scope of the Order

    The products covered by this order are certain preserved mushrooms 
whether imported whole, sliced, diced, or as stems and pieces. The 
preserved mushrooms covered under this 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 this 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 this order are the following: (1) All 
other species

[[Page 58072]]

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.\1\
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    \1\ 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 order is classifiable under 
subheading: 2003.10.0127, 2003.10.0131, 2003.10.0137, 2003.10.0143, 
2003.10.0147, 2003.10.0153, and 0711.51.0000 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 this order is dispositive.

Rescission of Review

    As mentioned above, both Minhui and Zhongjia stated in their 
respective requests for a new shipper review that each company was an 
exporter and producer of the subject merchandise during the POR. 
Therefore, for purposes of initiating this review and based on the 
certifications provided by both Zhongjia and Minhui in accordance with 
19 CFR 351.214(b)(2)(i), the Department was led to believe that both 
companies also produced the merchandise for which each requested a 
review. However, in the course of conducting this review, both Minhui 
and Zhongjia's responses to the Department's antidumping questionnaire 
indicated that neither company is a producer of the subject 
merchandise. Consequently, Zhongjia and Minhui misstated the facts when 
each claimed in its respective new shipper review request that it was 
both the exporter and producer of the merchandise subject to this 
review.
    In order to qualify for a new shipper review under 19 CFR 
351.214(b)(2)(ii), a company that exports but does not produce the 
subject merchandise for which it requests such a review must provide, 
among other things, (1) a certification that it did not export subject 
merchandise to the United States during the period of investigation 
(``POI''), and (2) a certification from the person or company which 
produced or supplied the subject merchandise that the producer or 
supplier did not export the subject merchandise to the United States 
during the POI. See 19 CFR 351.214(b)(2)(ii)(A) and (B).
    Because Zhongjia and Minhui did not provide a certification from 
the respective producers of the subject merchandise they sold or 
exported to the United States during the POR in accordance with 19 CFR 
351.214(b)(2)(ii)(B), neither respondent met the minimum requirements 
for an entitlement to a new shipper review.
    Therefore, for the reasons stated above and absent comments 
submitted by the parties in this segment of the proceeding, we have 
rescinded this new shipper review with respect to Zhongjia and Minhui.

Notification

    Bonding will no longer be permitted to fulfill security 
requirements for shipments from Minhui or Zhongjia of certain preserved 
mushrooms from the PRC entered, or withdrawn from warehouse, for 
consumption on or after the publication date of the final rescission 
notice. The cash-deposit rate required for subject merchandise from the 
PRC NME entity (including Zhongjia and Minhui), entered, or withdrawn 
from warehouse, for consumption on or after the publication of the 
final rescission notice will continue to be the PRC-wide rate of 198.63 
percent. These deposit requirements shall remain in effect until 
publication of the final results of the next administrative review.
    This rescission notice is in accordance with sections 751(a)(2)(B) 
and 777(i) of the Act and 19 CFR 351.214.

    Dated: October 2, 2003.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 03-25518 Filed 10-7-03; 8:45 am]
BILLING CODE 3510-DS-S