[Federal Register Volume 70, Number 199 (Monday, October 17, 2005)]
[Notices]
[Pages 60280-60281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-5714]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-851]


Notice of Amended Final Results of Antidumping Duty 
Administrative Review: Certain Preserved Mushrooms from the People's 
Republic of China

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On September 14, 2005 the Department of Commerce (the 
``Department'') published the final results and final rescission, in 
part, of the administrative review of the antidumping duty order on 
certain preserved mushrooms from the People's Republic of China 
(``PRC''), covering the period of review (POR) February 1, 2003, 
through January 31, 2004. See Certain Preserved Mushrooms from the 
People's Republic of China: Final Results and Final Rescission, In 
Part, of Antidumping Duty Administrative Review, 70 FR 54361 (September 
14,

[[Page 60281]]

2005) (``Final Results''). We are amending our Final Results to correct 
ministerial errors made in the calculations of the dumping margins for 
Xiamen International Trade & Industrial Co., Ltd. (``XITIC''), Shandong 
Jiufa Edible Fungus Corporation, Ltd. (``Jiufa'') and Guangxi Hengxian 
Pro-Lights Foods, Inc. (``Guangxi Hengxian'') pursuant to section 
751(h) of the Tariff Act of 1930, as amended (the Act).

EFFECTIVE DATE: October 17, 2005.

FOR FURTHER INFORMATION CONTACT: P. Lee Smith or Christopher Riker, AD/
CVD Operations, Office 9, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
1655 or (202) 482-3441, respectively.

SUPPLEMENTARY INFORMATION:

Scope of Order

    The products covered by this order are certain preserved mushrooms, 
whether imported whole, sliced, diced, or as stems and pieces. The 
certain preserved mushrooms covered under this order are the species 
Agaricus bisporus and Agaricus bitorquis. ``Certain 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. Certain 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. On February 9, 2005, this decision was upheld 
by the United States Court of Appeals for the Federal Circuit. See 
Tak Fat v. United States, 396 F.3d 1378 (Fed. Cir. 2005).
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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.

Background

    On September 14, 2005, the Department of Commerce published the 
Final Results and corresponding issues and decision memorandum. See 
Memorandum from Barbara E. Tillman Acting Deputy Assistant Secretary 
for Import Administration to Joseph A. Spetrini Acting Assistant 
Secretary for Import Administration, Issues and Decision Memorandum for 
the Final Results in the 2003/2004 Administrative Review of Certain 
Preserved Mushrooms from the People's Republic of China.
    On September 13, 2005, Jiufa, XITIC and the Coalition for Fair 
Preserved Mushroom Trade (``petitioners'') filed timely allegations 
that the Department made various ministerial errors in the Final 
Results. On September 16, 2005, China Processed Food Import & Export 
Company and its affiliates (``COFCO'') filed rebuttal comments to 
ministerial error allegations submitted by the petitioners.\2\ No other 
interested party submitted ministerial error allegations.
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    \2\ We have not addressed comments pertaining to clerical 
allegations relating to COFCO's margin in the Final Results because 
the U.S. Court of International Trade has obtained jurisdiction 
those results pursuant to COFCO's appeal. See China Processed Food 
Import & Export Company v. United States, Court No. 05-00515 
(Complaint filed September 19, 2005); see also, Zenith Elecs. Corp. 
v. United States, 884 F.2d 556, 561 (Fed. Cir. 1989).
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    A ministerial error is defined in Section 751(h) of the Act and 
further clarified in 19 CFR 351.224(f) as ``an error in addition, 
subtraction, or other arithmetic function, clerical error resulting 
from inaccurate copying, duplication, or the like, and any other 
similar type of unintentional error which the Secretary considers 
ministerial.''
    After analyzing all interested parties' comments, we have 
determined, in accordance with 19 CFR 351.224(e), that ministerial 
errors existed in the calculations for the Final Results. For a 
detailed discussion of these ministerial errors, as well as the 
Department's analysis, see memorandum from Christopher D. Riker to 
James C. Doyle, Analysis of Ministerial Error Allegations, dated 
October 7, 2005 (``Ministerial Error Allegation Memorandum''). The 
Ministerial Error Allegation Memorandum is on file in the Central 
Records Unit, room B-099 in the main Department building.
    Therefore, in accordance with Section 751(h) of the Act and 19 CFR 
351.224(e), we are amending the Final Results of the administrative 
review of certain preserved mushrooms from the PRC. The revised 
weighted-average dumping margins are detailed in the ``Antidumping Duty 
Order'' section, below. For company-specific calculations see 
Memorandum from John Conniff, through Christopher D. Riker to the File, 
Analysis Memorandum for the Amended Final Results for XITIC (October 7, 
2005); Memorandum from John Conniff through Christopher D. Riker, to 
the File, Analysis Memorandum for the Amended Final Results for Jiufa 
(October 7, 2005); Memorandum from Amber Musser through Christopher D. 
Riker to the File, Analysis Memorandum for the Amended Final Results 
for Guangxi Hengxian (October 7, 2005). The revised final weighted-
average dumping margins are as follows:

------------------------------------------------------------------------
                      Exporter                              Percent
------------------------------------------------------------------------
Shandong Jiufa Edible Fungus Corporation Ltd........                3.60
Xiamen International Trade & Industrial Co., Ltd....                0.00
Guangxi Hengxian Pro-Light Foods (Zhangzhou) Co.,                  21.38
 Ltd................................................
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    The Department shall determine, and U.S. Customs and Border 
Protection shall assess, antidumping duties on all appropriate entries 
based on the amended final results. For details on the assessment of 
antidumping duties on all appropriate entries, see Final Results.
    These amended final results are published in accordance with 
sections 751(h) and 777(I)(1) of the Act.

    Dated: October 7, 2005.
Joseph A. Spetrini,
Acting Assistant Secretaryfor Import Administration.
[FR Doc. E5-5714 Filed 10-14-05; 8:45 am]
BILLING CODE 3510-DS-S