[Federal Register Volume 68, Number 216 (Friday, November 7, 2003)]
[Notices]
[Pages 63065-63066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28124]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-851]


Certain Preserved Mushrooms from the People's Republic of China: 
Notice of Partial Rescission of Fourth Antidumping Duty Administrative 
Review

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

ACTION: Notice of Partial Rescission of Fourth Antidumping Duty 
Administrative Review.

-----------------------------------------------------------------------

EFFECTIVE DATE: November 7, 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 3, 2003, the Department published in the Federal 
Register (68 FR 5272) a notice of ``Antidumping or Countervailing Duty 
Order, Finding, or Suspended Investigation; Opportunity To Request 
Administrative Review'' of the antidumping duty order on certain 
preserved mushrooms from the People's Republic of China (``PRC'') for 
the period February 1, 2002, through January 31, 2003. On February 25, 
2003, Green Fresh Foods (Zhangzhou) Co., Ltd. (``Green Fresh'') 
requested an administrative review of its sales. On February 28, 2003, 
Guangxi Yulin Oriental Co., Ltd. (``Guangxi Yulin'') requested an 
administrative review of its sales. Also, on February 28, 2003, the 
petitioner\1\ requested an administrative

[[Page 63066]]

review of the antidumping duty order for the following companies: China 
Processed Food Import & Export Company (``China Processed), Gerber Food 
(Yunnan) Co., Ltd. (``Gerber''), Green Fresh, Guangxi Yulin, Raoping 
Xingyu Foods Co., Ltd. (``Raoping''), Shantou Hongda Industrial General 
Corporation (``Shantou Hongda''), Shenxian Dongxing Foods Co., Ltd. 
(``Shenxian Dongxing''), Shenzhen Qunxingyuan Trading Co., Ltd. 
(``Shenzhen Qunxingyuan''), Xiamen Zhongjia Imp. & Exp. Co., Ltd. 
(``Zhongjia''), Zhangzhou Jingxiang Foods Co., Ltd. (``Jingxiang''), 
and Zhangzhou Longhai Minhui Industry and Trade Co., Ltd (``Minhui''). 
On March 6, 2003, Shantou Hongda and Shenxian Dongxing requested an 
administrative review of their sales.\2\ On March 25, 2003, the 
Department published a notice of initiation of an administrative review 
of the antidumping duty order on certain preserved mushrooms from the 
PRC with respect to these companies. See Initiation of Antidumping and 
Countervailing Duty Administrative Reviews and Requests for Revocations 
in Part, 68 FR 14394.
---------------------------------------------------------------------------

    \1\ The petitioner is the Coalition for Fair Preserved Mushroom 
Trade which includes the American Mushroom Institute and the 
following domestic companies: L.K. Bowman, Inc., Modern Mushroom 
Farms, Inc., Monterey Mushrooms, Inc., Mount Laurel Canning Corp., 
Mushroom Canning Company, Southwood Farms, Sunny Dell Foods, Inc., 
and United Canning Corp.
    \2\ This request was originally filed on February 27, 2003, but 
was subsequently refiled on March 6, 2003, because the package 
containing the original request could not be located subsequent to 
the original filing.
---------------------------------------------------------------------------

    On May 7, 2003, Raoping and Shenzhen Qunxingyuan requested that the 
Department rescind their respective reviews because they did not export 
to the United States during the period of review (``POR''). We 
confirmed the claims of Raoping and Shenzhen Qunxingyuan by reviewing 
data from U.S. Customs and Border Protection. See Memorandum to the 
File dated September 29, 2003, on file in Room B-099 of the Commerce 
Department. We received no comments on this memorandum from any party.
    On June 12, 2003, the petitioner requested an extension of the 
deadline to withdraw its requests for review. On June 16, 2003, the 
Department granted the petitioner's request and extended the deadline 
until July 10, 2003. On August 7, 2003, the petitioner withdrew its 
request for an administrative review of Zhongjia and Minhui, following 
the Department's preliminary decision to rescind the new shipper review 
with respect to these companies due to the filing of improper 
certifications. 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). On August 20, 2003, Zhongjia and 
Minhui requested that the data submitted on the record of the above-
mentioned new shipper review be transferred to the record of the fourth 
administrative review.\3\ The petitioner objected to this request on 
September 2, 2003. On September 15, 2003, respondents Zhongjia and 
Minhui submitted a letter in opposition to the petitioner's August 7 
review request withdrawal. On September 23, 2003, the petitioner 
submitted a letter in opposition to Zhongjia's and Minhui's September 
15 letter.
---------------------------------------------------------------------------

    \3\ In response to the Department's questionnaire issued in the 
fourth administrative review, both companies claimed they had no 
shipments of the subject merchandise during the POR other than the 
transactions covered in the new shipper review.
---------------------------------------------------------------------------

Partial Rescission of Review

    Pursuant to section 351.213 (d)(1) of the Department's regulations, 
the Secretary will rescind an administrative review in whole or in part 
if a party that requested the review withdraws its request within 
ninety days of publication of the Federal Register notice that 
initiated the review. Section 351.213(d)(1) further provides that the 
Secretary may extend this time limit if the Secretary decides that it 
is reasonable to do so. The administrative review is still at the early 
stages of the proceeding, and the Department has not conducted 
verification or issued a preliminary determination. The Department has 
determined that it is reasonable to extend the time in which the 
petitioner can request a withdrawal of its request for the 
administrative review of Zhongjia and Minhui.
    Zhongjia and Minhui contest the petitioners request and argue that 
the Department should continue with the administrative review covering 
their sales of subject merchandise. For purposes of our analysis, it is 
important to distinguish that Zhongjia and Minhui each requested a new 
shipper review but did not request an administrative review. This is in 
contrast to the situation in which a respondent requests both a new 
shipper review and an administrative review. Section 351.214(j) of the 
Department's regulations provides that if a party requests multiple 
reviews, the Department may choose to initiate one and not the other 
after consulting with the party. For example, in Certain In-Shell 
Roasted Pistachios From Iran: Notice of Initiation of New Shipper 
Countervailing Duty Review, 66 FR 59235, 59235-6 (November 27, 2001) 
(Pistachios from Iran), the respondent requested both a new shipper and 
an administrative review in a timely manner. Pursuant to 19 CFR 
351.214(j), the Department only initiated the new shipper review. Had 
the new shipper review been rescinded in Pistachios from Iran under 
facts similar to those in this case, the Department would have 
considered continuing the administrative review. However, in this case, 
because neither Zhongjia nor Minhui submitted a request for an 
administrative review of their sales in a timely fashion, as required 
by 751(a)(1) of the Act, we are rescinding the administrative review of 
the antidumping duty order on certain preserved mushrooms from the PRC 
with respect to these two companies, as requested by the petitioner.
    Furthermore, as neither Raoping nor Shenzhen Qunxingyuan exported 
the subject merchandise to the United States during the POR, we are 
rescinding this review of the antidumping duty order on certain 
preserved mushrooms from the PRC as to both Raoping and Shenzhen 
Qunxingyuan. This review will continue with respect to Gerber, Green 
Fresh, China Processed, Guangxi Yulin, Shantou Hongda, Shenxian 
Dongxing and Jingxiang.
    This notice is published in accordance with section 777(i) of the 
Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4).

    Dated: November 3, 2003.
Jeffrey May,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 03-28124 Filed 11-6-03; 8:45 am]
BILLING CODE 3510-DS-S