[Federal Register Volume 69, Number 79 (Friday, April 23, 2004)]
[Notices]
[Pages 22004-22005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9298]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-851]


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

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

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

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EFFECTIVE DATE: April 23, 2004.

FOR FURTHER INFORMATION CONTACT: Brian Smith or Terre Keaton, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 
20230; telephone: (202) 482-1766 or (202) 482-1280, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On October 7, 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 (``PRC'') with respect to 
the following two PRC companies: Nanning Runchao Industrial Trade 
Company, Ltd. (``Nanning Runchao'') and Guangxi Hengxian Pro-Light 
Foods, Inc. (``Guangxi Hengxian''). See Certain Preserved Mushrooms 
from the People's Republic of China: Initiation of Seventh Antidumping 
Duty New Shipper Review, 68 FR 57877.
    On April 7, 2004, Nanning Runchao's counsel notified the Department 
that the U.S. Food and Drug Administration (``USFDA'') had ruled that 
its U.S. shipment of subject merchandise (i.e., the entry which is the 
basis for its new shipper review request) was being returned to the PRC 
because it did not comply with USFDA regulations. As a result, the 
Department informed Nanning Runchao that it was cancelling the 
verification which was to commence during April 2004 (see April 7, 
2004, memorandum from team leader to the file). On April 9, 2004, 
Nanning Runchao withdrew its request for a new shipper review.
    Accordingly, we are rescinding the new shipper review with respect 
to Nanning Runchao for the reasons mentioned below.

Scope of 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. This decision is currently on appeal
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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 (``HTSUS''). Although the HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description of the scope of this order is dispositive.

Period of Review

    The period of review (``POR'') is February 1, 2003, through July 
31, 2003.

Partial Recission of Review

    The Department's regulations at 19 CFR 351.214(f)(1) provide that 
the Department may rescind a new shipper review ``... if a party that 
requested a review withdraws its request no later than 60 days after 
the date of publication of notice of initiation of the requested 
review.'' Nanning Runchao withdrew its request for new shipper

[[Page 22005]]

review on April 9, 2004. Although Nanning Runchao's withdrawal is more 
than 60 days from the date of initiation, consistent with the 
Department's past practice in the context of administrative reviews 
conducted under section 751(a) of the Act, the Department has 
discretion to extend the time period for withdrawal on a case-by-case 
basis. (See e.g. Iron Construction Castings from Canada: Notice of 
Rescission of Antidumping Duty Administrative Review), 63 FR 45797 
(August 27, 1998)). In this case, the Department has determined to 
grant the request to rescind this new shipper review with respect to 
Nanning Runchao because rescission of this review would not prejudice 
any party in this proceeding, as Nanning Runchao would continue to be 
included in the PRC-wide rate to which it was subject at the time of 
its request for a new shipper review. (See Silicon Metal from the 
People's Republic of China: Notice of Rescission of New Shipper 
Review), 64 FR 40831 (July 28, 1999).). Nanning Runchao is the only 
party that requested a review of its sale during the POR, and no other 
party has objected to its withdrawal of that request. Accordingly, we 
are rescinding, in part, this new shipper review on certain preserved 
mushrooms from the People's Republic of China as to Nanning Runchao. 
This review will continue with respect to Guangxi Hengxian.

Notification

    We will instruct Customs and Border Protection (``CBP'') that 
bonding will no longer be permitted to fulfill security requirements 
for shipments from Nanning Runchao of certain preserved mushrooms from 
the PRC entered, or withdrawn from warehouse, for consumption on or 
after the publication date of this rescission notice. We will also 
instruct CBP to liquidate any entries by Nanning Runchao during the 
period of review at the cash deposit rate in effect at the time of 
entry.
    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 this determination 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: April 19, 2004.
Jeffrey May,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 04-9298 Filed 4-22-04; 8:45 am]
BILLING CODE 3510-DS-S