[Federal Register Volume 68, Number 200 (Thursday, October 16, 2003)]
[Notices]
[Page 59586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-26211]



[[Page 59586]]

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DEPARTMENT OF COMMERCE

International Trade Adminstration

[A-570-851]


Certain Preserved Mushrooms from the People's Republic of China: 
Notice of Partial Rescission of Sixth New Shipper Review

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

ACTION:  Notice of Partial Rescission of Sixth New Shipper Review.

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EFFECTIVE DATE: October 16, 2003.

FOR FURTHER INFORMATION CONTACT: Brian Smith or Jim Mathews, 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 or (202) 482-2778, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On February 28, 2003, Primera Harvest (Xiangfan) Co., Ltd. (Primera 
Harvest) and Xiamen International Trade & Industrial Co., Ltd. (XITIC) 
requested a new shipper review of their sales. On March 28, 2003, the 
Department published a notice of initiation of an antidumping duty new 
shipper review on certain preserved mushrooms from the People's 
Republic of China with respect to these companies. See Certain 
Preserved Mushrooms from the People's Republic of China: Initiation of 
Antidumping Duty New Shipper Review, 68 FR 15152.
    After analyzing XITIC's May 23, 2003, questionnaire responses, the 
Department determined that XITIC did not produce the subject 
merchandise that it exported. Rather, XITIC exported subject 
merchandise that was produced by Inter-Foods D.S. Co., Ltd. Therefore, 
pursuant to CFR 351.214(b)(ii)(B), XITIC failed to provide the proper 
new shipper certification. (See Memorandum to the File from Brian Smith 
and Jim Mathews, International Trade Compliance Analysts, dated August 
7, 2003). On August 7, 2003, the Department sent copies of this 
memorandum to the interested parties. The memorandum stated that the 
parties had two weeks from the date of receipt to comment on the 
Department's decision to rescind this new shipper review. No party 
filed comments during the period stipulated the memorandum. 
Accordingly, we are rescinding the new shipper review with respect to 
XITIC.

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 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 
subheadings: 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\2\ (``HTS''). Although the HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description of the scope of this order is dispositive.
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    \2\ Prior to January 1, 2002, the HTS subheadings were as 
follows: 2003.10.0027, 2003.10.0031, 2003.10.0037, 2003.10.0043, 
2003.10.0047, 2003.10.0053, and 0711.90.4000.
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Period of Review

    The period of review is February 1, 2002, through January 31, 2003.

Partial Recission of Review

    Section 351.214(b)(ii)(B) states that a request for a new shipper 
review must contain a certification from the person that produced or 
supplied the subject merchandise to the person requesting the review 
that that producer or supplier did not export the subject merchandise 
to the United States during the period of investigation. Due to XITIC's 
failure to provide the necessary certification from the producer or 
supplier of the subject merchandise and its misleading statements in 
the submitted certification that suggested that it was both the 
exporter and producer of subject merchandise, we are rescinding, in 
part, this new shipper review on certain preserved mushrooms from the 
People's Republic of China as to XITIC. This review will continue with 
respect to Primera Harvest.

Notification

    Bonding will no longer be permitted to fulfill security 
requirements for shipments from XITIC of certain preserved mushrooms 
from the PRC entered, or withdrawn from warehouse, for consumption on 
or after the publication date of these final results.
    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) 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 doubled 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(a). 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.
    We are issuing and publishing these determinations and notice in 
accordance with sections 751(a)(2)(B)(iv) and 777(i) of the Act, as 
amended, and 19 CFR 351.214(f)(3).

    Dated: October 9, 2003.
Jeffrey May,
Acting Assistant Secretary for Import Administration.
[FR Doc. 03-26211 Filed 10-15-03; 8:45 am]
BILLING CODE 3510-DS-S