[Federal Register Volume 70, Number 139 (Thursday, July 21, 2005)]
[Notices]
[Pages 42038-42039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-3911]


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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 Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On March 23, 2005, the Department of Commerce (``the 
Department'') published in the Federal Register (70 FR 14643) a notice 
announcing the initiation of the sixth administrative review of the 
antidumping duty order on certain preserved mushrooms from the People's 
Republic of China (``PRC''). The period of review (``POR'') is February 
1, 2004, to January 31, 2005. This review is now being rescinded for 
Blue Field (Sichuan) Food Industrial Co., Ltd.; China Processed Food 
Import & Export Company; China National Cereals, Oils, and Foodstuffs 
Import & Export Corporation; COFCO (Zhangzhou) Food Industrial Co.; 
Ltd., Fujian Zishan Group Co.; Xiamen Jiahua Import & Export Trading 
Co., Ltd.; Fujian Yu Xing Fruit and Vegetable Foodstuff Development 
Co., Ltd.\1\; Shandong Jiufa Edible Fungus Co., Ltd.; Guangxi Hengxian 
Pro-Light Foods, Inc.; Guangxi Yizhou Dongfang Cannery; Inter-foods 
D.S. Co., Ltd.; Mei Wei Food Industry Co., Ltd.; Nanning Runchao 
Industrial Trade Co., Ltd.; Raoping Xingyu Foods Co., Ltd.; Xiamen 
Jiahua Import & Export Trading Co., Ltd.; Xiamen Zhongjia Import and 
Export Co., Ltd.; Shanghai Superlucky Import & Export Company, Ltd.; 
Shantou Hongda Industrial General Corporation; Shenxian Dongxing Foods 
Co., Ltd.; Shenzhen Qunxingyuan Trading Co., Ltd.; Tak Fat Trading Co.; 
Xiamen International Trade & Industrial Co., Ltd.; Zhangzhou Hongning 
Canned Food Factory; Zhangzhou Jingxiang Foods Co., Ltd.; Zhangzhou 
Longhai Lubao Food Co., Ltd.; and Zhangzhou Longhai Minhui Industry and 
Trade Co., Ltd., (collectively ``the Twenty-five Companies'') because 
the only requesting party withdrew its request in a timely manner.
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    \1\ The Department originally made an inadvertent typographical 
error by neglecting to include the term `Development' in this 
company's name in the above-referenced Federal Register initiation 
notice.

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EFFECTIVE DATE: July 21, 2005.

FOR FURTHER INFORMATION CONTACT: Stephen F. Berlinguette, AD/CVD 
Operations Office 9, Import Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW, Room 4003, 
Washington, DC 20230; telephone (202) 482-3740.

SUPPLEMENTARY INFORMATION:

Background

    On February 19, 1999, the Department published in the Federal 
Register an amended final determination and antidumping duty order on 
certain preserved mushrooms from the PRC. 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 February 1, 2005, the Department published a Notice of 
Opportunity to Request Administrative Review of Antidumping or 
Countervailing Duty Order, Finding, or Suspended Investigation, 70 FR 
5136. On February 28, 2005, the Petitioner requested, in accordance 
with section 751(a) of the Tariff Act of 1930 (``the Act'') and 19 CFR 
351.213(b), an administrative review of the antidumping duty order on 
certain preserved mushrooms from the PRC for thirty companies covering 
the period February 1, 2004, through January 31, 2005. On February 7, 
2005, and February 25, 2005, four Chinese companies requested an 
administrative review of their respective companies. The Department 
notes that these four companies were included in the Petitioner's 
February 28, 2005, request.
    On March 23, 2005, the Department initiated an administrative 
review of thirty Chinese companies. See Initiation of Antidumping and 
Countervailing Duty Administrative Reviews and Request for Revocation 
in Part, 70 FR 14643 (March 23, 2005). On June 29, 2005, the Petitioner 
filed a timely letter withdrawing its request for review of the Twenty-
five companies.

Rescission of Review

    Pursuant to section 351.213(d)(1) of the Department's regulations, 
if a party that requests a review withdraws the review request within 
ninety days of the date of publication of the notice of initiation of 
the requested review, the Secretary will rescind the review. The 
Petitioner withdrew its review request with respect to the Twenty-five 
Companies in a timely manner, in accordance with 19 CFR 351.213(d)(1). 
Since the Petitioner was the only party to request an administrative 
review of the Twenty-five Companies, we are partially rescinding this 
review of the antidumping duty order on certain preserved mushrooms 
from the PRC covering the period February 1, 2004, through January 31, 
2005, with respect to the Twenty-five Companies.

Assessment

    The Department will instruct U.S. Customs and Border Protection 
(``CBP'') to assess antidumping duties on all appropriate entries. For 
those companies for which this review is rescinded, antidumping duties 
shall be assessed at rates equal to the cash deposit of estimated 
antidumping duties required at the time of entry, or withdrawal from 
warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). 
The Department will issue appropriate assessment instructions directly 
to CBP within 15 days of publication of this notice.

Notification of Interested Parties

    This notice 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 the antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (``APOs'') of their responsibility 
concerning the return or destruction of proprietary information

[[Page 42039]]

disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. 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.
    This notice is issued and published in accordance with sections 751 
and 777(i) of the Act and 19 CFR 351.213(d)(4).

    Dated: July 14, 2005.
Susan H. Kuhbach,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. E5-3911 Filed 7-20-05; 8:45 am]
BILLING CODE 3510-DS-S