[Federal Register Volume 70, Number 248 (Wednesday, December 28, 2005)]
[Notices]
[Pages 76772-76773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-7982]


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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 Second Amended Final Results of Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On October 17, 2005, the Department of Commerce (the 
``Department'') published the notice of amended final results of the 
antidumping duty administrative review: 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 Notice of 
Amended Final Results of Antidumping Duty Administrative Review: 
Certain Preserved Mushrooms from the People's Republic of China, 70 FR 
60280 (October 17, 2005) (``Amended Final Results'').\1\ We are 
amending the final results of certain preserved mushrooms from the PRC 
to correct ministerial errors made in the calculations of the dumping 
margins for China Processed Food Import & Export Company and its 
affiliates (collectively, ``COFCO'') pursuant to section 751(h) of the 
Tariff Act of 1930, as amended (the Act). 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, 2005) (``Final Results'').
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    \1\ The Department did not address comments pertaining to 
clerical error allegations relating to COFCO's margin in the Amended 
Final Results because the U.S. Court of International Trade had 
obtained jurisdiction of those results pursuant to COFCO's 
complaint. 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). However, on December 14, 2005, the Court 
granted leave to the Department to make the necessary corrections to 
COFCO's margin. See China Processed Food Import & Export Company v. 
United States, Court No. 05-00515 (Order issued December 14, 2005).

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EFFECTIVE DATE: December 28, 2005.

FOR FURTHER INFORMATION CONTACT: Joshua Pierce 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) 482-0961 
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.\2\
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    \2\ 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 published the final results 
of this administrative review in the Federal Register. See Final 
Results.
    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, with respect 
to COFCO. 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.'' 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 COFCO Ministerial Error 
Allegations, dated December 21, 2005, 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 for COFCO. The 
revised weighted-average dumping margin is detailed in the chart below. 
For the company-specific calculation see memorandum from

[[Page 76773]]

Christopher D. Riker to the File, Analysis for the Second Amended Final 
Results of Certain Preserved Mushrooms from the People's Republic of 
China: COFCO, dated December 21, 2005.

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                      Exporter                              Percent
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COFCO...............................................                2.67
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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: December 21, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-7982 Filed 12-27-05; 8:45 am]
BILLING CODE 3510-DS-S