[Federal Register Volume 68, Number 216 (Friday, November 7, 2003)]
[Notices]
[Pages 63066-63067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28125]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-851]


Notice of Decision of the Court of International Trade: Certain 
Preserved Mushrooms from the People's Republic of China

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

ACTION: Notice of Decision of the Court of International Trade.

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SUMMARY: On October 17, 2003, in Tak Fat Trading Company, et al., v. 
United States, Consol. Court No. 00-07-00360, Slip Op. 03-134, a 
lawsuit challenging the Department of Commerce's final scope ruling 
that the marinated mushrooms manufactured or exported by the plaintiffs 
are within the scope of the antidumping duty order of certain preserved 
mushrooms from the People's

[[Page 63067]]

Republic of China, the Court of International Trade vacated the 
Department of Commerce's scope ruling and entered a judgement order. 
Consistent with the decision of the United States Court of Appeals for 
the Federal Circuit in Timken Co. v. United States, 893 F.2d 337 
(Fed.Cir. 1990), the Department is notifying the public that this 
decision was ``not in harmony'' with the Department's original final 
scope ruling.

EFFECTIVE DATE: November 7, 2003.

FOR FURTHER INFORMATION CONTACT: David J. Goldberger at (202) 482-4136 
or Rebecca Trainor at (202) 482-4007, Office of Antidumping and 
Countervailing Duty Enforcement, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, N.W., Washington, D.C. 20230.

SUPPLEMENTARY INFORMATION:

Background

    On February 19, 1999, the Department of Commerce (the Department) 
published notice of its amended final determination of less-than-fair-
value (LTFV) investigation of certain preserved mushrooms from the 
People's Republic of China (PRC) and the antidumping duty order. See 
Notice of Amendment of Final Determination of Sales at Less Than Fair 
Value and Antidumping Duty Order: Certain Preserved Mushrooms from the 
People's Republic of China, 64 FR 8308 (February 19, 1999).
    On January 6, 2000, producers/exporters, Mei Wei Food Industry Co, 
Ltd, Tak Fat Trading Co., Leung Mi International, Tak Yeun Corp., and 
U.S. importer Genex International Corp. (collectively, Tak Fat), 
requested that the Department determine that certain marinated or 
acidified mushrooms produced in the People's Republic of China (PRC) 
are outside the scope of the antidumping duty order on certain 
preserved mushrooms. See Request for Scope Determination: Certain 
Preserved Mushrooms from the People's Republic of China, January 6, 
2000. The Department made a final ruling on this scope request on June 
19, 2000, finding that the ``marinated or acidified'' mushrooms 
produced, exported or imported by Tak Fat are within the scope of the 
antidumping duty order on certain preserved mushrooms from the PRC 
based on their acetic acid content level.
    Tak Fat appealed this ruling to the Court of International Trade 
(CIT). On October 17, 2003, the CIT issued its decision granting Tak 
Fat's request to vacate the scope ruling. See Tak Fat Trading Company, 
et al., v. United States, Slip Op. 03-134.

Timken Notice

    In its decision in Timken Co. v. United States, 893 F.2d 337 (Fed. 
Cir. 1990) (Timken), the Court of Appeals for the Federal Circuit 
(CAFC) held that, pursuant to 19 USC 1516(e), the Department must 
publish notice of a decision of the CIT or the CAFC which is ``not in 
harmony'' with the Department's determination. Therefore, publication 
of this notice fulfills this obligation of the Department. In addition, 
this notice will serve to continue the suspension of liquidation. If 
this decision is not appealed, or if appealed, if it is upheld, the 
Department will amend its scope ruling.

    Dated: November 3, 2003.
James Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 03-28125 Filed 11-6-03; 8:45 am]
BILLING CODE 3510-DS-S