[Federal Register Volume 70, Number 201 (Wednesday, October 19, 2005)]
[Notices]
[Pages 60789-60790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-5776]



[[Page 60789]]

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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 Final Results of the Eighth New Shipper Review

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

EFFECTIVE DATE:  October 19, 2005.
SUMMARY: On July 21, 2005, the U.S. Department of Commerce 
(``Department'') published the preliminary results of the eighth new 
shipper review of the antidumping order on certain preserved mushrooms 
from the People's Republic of China (``PRC'') (70 FR 42034) (July 21, 
2005) (``Preliminary Results''). This review covers one exporter, Blue 
Field (Sichuan) Food Industrial Co., Ltd. (``Blue Field''). The period 
of review (``POR'') is February 1, 2004, through July 31, 2004. Based 
on our analysis of the record, we have made minor changes to the margin 
calculation of the producer/exporter as described below. See ``Final 
Results of Review'' section below.

FOR FURTHER INFORMATION CONTACT: Stephen F. Berlinguette or Christopher 
D. Riker, AD/CVD Operations, Office 9, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-3740 
or (202) 482-3441, respectively.

SUPPLEMENTARY INFORMATION:

Background

    We invited parties to comment on the Preliminary Results. Neither 
the Coalition for Fair Preserved Mushroom Trade (``petitioners'') nor 
Blue Field submitted case briefs after the publication of the 
Preliminary Results. Neither party requested a public hearing. On July 
28, 2005, Blue Field submitted comments on the surrogate values the 
Department used in the Preliminary Results.

Scope of the 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 pre-salted 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 mushrooms, 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. The Department's scope determination was 
affirmed by the Court of Appeals for the Federal Circuit in Tak Fat 
Trading Company, et. al. v. United States, et. al., 396 F.3d 1378 
(Fed. Cir., 2005).
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    The merchandise subject to this order is currently 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.

Analysis of Comments Received

    Neither the petitioners nor the respondent submitted case or 
rebuttal briefs after the publication of the Preliminary Results. Blue 
Field's July 28, 2005, submission did, however, provide comments on the 
Department's surrogate value calculations for tin plate, labor, and 
factory overhead, SG&A, and profit ratios. For a detailed discussion of 
this submission, see the Issues and Decision Memorandum, dated October 
12, 2005, which is hereby adopted by this notice. A list of the issues 
discussed in the Issues and Decision Memorandum is attached to this 
notice as an Appendix. The Issues and Decision Memorandum is a public 
document that is on file in the Central Records Unit (``CRU''), room B-
099 in the main Department building, and can be accessed online at 
http://ia.ita.doc.gov/frn. The paper copy and electronic version of the 
Issues and Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    Since the publication of the Preliminary Results, the Department's 
surrogate values for tin plate and labor have changed. Additionally, 
the Department has made changes to the surrogate factory overhead, 
selling, general, and administrative (``SG&A'') expense, and profit 
ratios utilized in the Preliminary Results. (See Issues and Decisions 
Memorandum.)

Final Results of New Shipper Reviews

    We determine that the following antidumping margin percentage 
existed during the period February 1, 2004, through July 31, 2004:

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               Exporter                                       Producer                         Margin (percent)
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Blue Field (Sichuan) Food Industrial          Blue Field (Sichuan) Food Industrial Co., Ltd.                0.00
 Co., Ltd............................
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Assessment of Antidumping Duties

    The Department shall determine, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries. Pursuant to 19 CFR 351.212(b)(1), we calculated 
importer or customer specific ad valorem duty assessment rates based on 
the ratio of the total amount of the dumping margins calculated for the 
examined sales to the total entered value of those same sales. In 
accordance with 19 CFR 351.106(c)(2), we will instruct CBP to liquidate 
without regard to antidumping duties all entries of subject merchandise 
during the POR for which the importer or customer specific assessment 
rate is zero or de minimis (i.e., less than 0.50 percent). The 
Department will issue appropriate

[[Page 60790]]

assessment instructions directly to CBP within 15 days of publication 
of the final results of these reviews.

Cash Deposit Requirements

    Bonding will no longer be permitted to fulfill security 
requirements for shipments from Blue Field of certain preserved 
mushrooms from the PRC entered, or withdrawn from warehouse, for 
consumption in the United States on or after the publication of this 
notice in the Federal Register. The cash deposit rate shall be required 
for merchandise subject to the order, entered or withdrawn from 
warehouse for consumption on or after the publication date of these 
final results for this new shipper review, as provided for by section 
751(a)(1) of the Tariff Act of 1930, as amended: (1) The cash deposit 
rates for Blue Field (i.e., for subject merchandise both manufactured 
and exported by Blue Field) will be zero; (2) the cash deposit rate for 
PRC exporters who received a separate rate in a prior segment of the 
proceeding will continue to be the rate assigned in that segment of the 
proceeding; (3) the cash deposit rate for the PRC entity and for 
subject merchandise exported by Blue Field, but not manufactured by 
Blue Field, will continue to be the PRC-wide rate (i.e., 198.63 
percent); and (4) the cash deposit rate for non-PRC exporters of 
subject merchandise from the PRC will be the rate applicable to the PRC 
exporter that supplied that non-PRC exporter. These deposit 
requirements shall remain in effect until publication of the final 
results of the next administrative review. There are no changes to the 
rates applicable to any other companies under this antidumping duty 
order.

Notification to Interested Parties

    The Department will disclose calculations performed in connection 
with these final results of review within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b). This 
notice serves as a final reminder to importers of their responsibility 
under 19 CFR 351.402(f) 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 subsequent assessment 
of double antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with section 351.305(a)(3) of the Department's 
regulations. 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 the terms of an 
APO is a punishable violation.
    The final results of this new shipper review and notice are 
published in accordance with sections 751(a)(2)(B) and 777(i)(1) of the 
Act.

    Dated: October 12, 2005.
Joseph A. Spetrini,
Acting Assistant Secretaryfor Import Administration.

Appendix I

Issues in the Decision Memorandum
Comment 1:Appropriate surrogate value for tin plate
Comment 2:The Department should not adjust the surrogate labor rate for 
inflation
Comment 3:The Department should revise mistakes made in its surrogate 
factory overhead, SG&A, and profit ratio calculations
[FR Doc. E5-5776 Filed 10-18-05; 8:45 am]
BILLING CODE 3510-DS-S