[Federal Register Volume 71, Number 136 (Monday, July 17, 2006)]
[Notices]
[Pages 40477-40479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-11276]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

A-570-851


Certain Preserved Mushrooms from the People's Republic of China: 
Final Results and Final Partial Rescission of the Sixth Administrative 
Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On March 10, 2005, the Department of Commerce (the 
``Department'') published in the Federal Register the preliminary 
results of the administrative review of the antidumping duty order on 
certain preserved mushrooms from the People's Republic of China 
(``PRC''). See Certain Preserved Mushrooms from the People's Republic 
of China: Partial Rescission and Preliminary Results of the Sixth 
Administrative Review, 70 FR 11183 (March 6, 2006) (``Preliminary 
Results''). We provided interested parties an opportunity to comment on 
the Preliminary Results. Based upon our analysis of the comments and 
information received, we made changes to certain surrogate value 
calculation which affect the dumping margin calculation for Raoping 
Yucun Canned Foods Factory (``Raoping Yucun'') in these final results. 
We find that certain manufacturers/exporters sold subject merchandise 
at less than normal value during the period of review (``POR'').

EFFECTIVE DATE: July 17, 2006.

FOR FURTHER INFORMATION CONTACT: Paul Walker, 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) 482-0413.

SUPPLEMENTARY INFORMATION:

Case History

    The Preliminary Results in this administrative review were 
published on March 6, 2005. Since the Preliminary Results, the 
following events have occurred:
    On April, 10, 2006, Raoping Yucun submitted surrogate value 
information.
    On April 14, 2006, Raoping Yucun submitted its case brief. On April 
19, 2006, the Department rejected Raoping Yucun's case brief because it 
contained new factual information. On April 21, 2006, Raoping Yucun 
submitted a revised case brief. On May 16, 2006, the Department 
rejected Raoping Yucun's revised case brief because it failed to remove 
all new factual information. On May 17, 2006, Raoping Yucun submitted a 
second revised case brief.

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 
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

[[Page 40478]]

vinegar or acetic acid, but may contain oil or other additives.\1\
---------------------------------------------------------------------------

    \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, 39C F.3d 1378 (Fed. Cir. 2005).
---------------------------------------------------------------------------

    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.

Rescission Of Review

    In the Preliminary Results, we preliminarily rescinded the review 
with respect to Green Fresh Foods (Zhangzhou) Co., Ltd. (``Green 
Fresh''), which reported that it did not sell merchandise subject to 
the antidumping duty order during the POR. See Preliminary Results, 70 
FR at 11184. Since the issuance of the Preliminary Results, no party 
has placed evidence on the record demonstrating that Green Fresh 
exported subject merchandise during the POR. Therefore, in accordance 
with 19 CFR 351.213(d)(3) and consistent with the Department's 
practice, we are rescinding this administrative review with respect to 
Green Fresh.

Analysis Of Comments Received

    All issues raised in Raoping Yucun's case brief are listed in the 
Appendix to this notice and are addressed in the Issues and Decision 
Memorandum, which is hereby adopted by this notice. Parties can find a 
complete discussion of the issues raised in this administrative review, 
and the corresponding recommendations in this public memorandum, which 
is on file in the Central Records Unit (``CRU''), room B-099 of the 
main Department building. In addition, a complete version of the Issues 
and Decision Memorandum can be accessed directly on the internet at 
http://ia.ita.doc.gov/. The paper copy and electronic version of the 
Issues and Decision Memorandum are identical in content.

Changes Since The Preliminary Results

    Based on the comments received from the interested parties, we have 
made changes to certain surrogate value calculations that affect the 
margin calculation for Raoping Yucun. For a discussion of these 
changes, see the Issues and Decision Memorandum, at Comments 1 and 5.

Facts Available

    In the Preliminary Results, we based the dumping margins for 
Primera Harvest (Xiangfan) Incorporated (``PHX''), Gerber Food (Yunnan) 
Co., Ltd. (``Gerber'') and Guangxi Yulin Oriental Food Co., Ltd. 
(``Guangxi Yulin'') on total adverse facts available (``AFA'') for 
their sales of subject merchandise pursuant to sections 776(a) and 
776(b) of the Tariff Act of 1930, as amended (the ``Act''). See 
Preliminary Results, 70 FR at 11938-39.
    We continue to apply total AFA to PHX because PHX withdrew from the 
instant administrative review, which significantly impeded our ability 
to conduct this review with respect to PHX. We continue to apply total 
AFA to Gerber and Guangxi Yulin because they did not respond to the 
Department's antidumping duty questionnaires, which significantly 
impeded our ability to conduct this review with respect to Gerber and 
Guangxi Yulin. Lastly, we continue to find that PHX, Gerber and Guangxi 
Yulin did not establish entitlement to a separate rate and thus are a 
part of the PRC-wide entity in this review. Because they failed to 
provide requested information, we continue to find that it is 
appropriate to apply facts available to PHX, Gerber and Guangxi Yulin 
in accordance with sections 776(a)(2)(A), (B), and (C) of the Act.
    In addition, we continue to find, in accordance with section 776(b) 
of the Act, that AFA is appropriate. For these final results, we 
continue to find that as AFA, the PRC-wide entity rate of 198.63 is 
appropriate.
    A complete explanation of the selection, corroboration, and 
application of AFA can be found in the Preliminary Results. See 
Preliminary Results, 70 FR at 11186. The Department has not received 
comments with regard to our selection and application of AFA. Nothing 
has changed since the Preliminary Results that would affect the 
Department's selection, corroboration, and application of AFA for the 
above-referenced companies in this review. Accordingly, for the final 
results, we continue to apply AFA as noted above.

Final Results Of Review

    The weighted-average dumping margin for the POR is as follows:

------------------------------------------------------------------------
                                                                Margin
                    Manufacturer/exporter                      (percent)
------------------------------------------------------------------------
Raoping Yucun...............................................      113.84
PRC-Wide Entity\2\..........................................      198.63
------------------------------------------------------------------------
\2\Which includes PHX, Gerber and Guangxi Yulin.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of certain preserved mushrooms from the PRC entered, or 
withdrawn from warehouse, for consumption on or after the publication 
date of this notice, as provided for by section 751(a)(1) of the Act: 
(1) The cash deposit rates for the reviewed companies named above will 
be the rates for those firms established in the final results of this 
administrative review; (2) for any previously reviewed or investigated 
PRC or non-PRC exporter, not covered in this review, with a separate 
rate, the cash deposit rate will be the company-specific rate 
established in the most recent segment of those proceedings; (3) for 
all other PRC exporters, the cash deposit rates will be the PRC-wide 
rates established in the final results of this review; and (4) the cash 
deposit rate for any non-PRC exporter of subject merchandise from the 
PRC who does not have its own rate will be the rate applicable to the 
PRC exporter that supplied the non-PRC exporter. These deposit 
requirements, when imposed, shall remain in effect until publication of 
the final results of the next administrative review.

The PRC-Wide Cash Deposit Rates

    The current PRC-wide cash deposit rate is 198.63 percent. This 
deposit requirement shall remain in effect until publication of the 
final results of the next administrative review.

Assessment Rates

    The Department will issue appraisement instructions directly to 
U.S. Customs and Border Protection (``CBP'') within 15 days of 
publication of the final results of this administrative review. In 
accordance with 19 CFR 351.212(b)(1), we have calculated importer-
specific assessment rates for merchandise subject to this review. For 
Raoping Yucun, we divided the total dumping margins of its reviewed 
sales by the total entered value of its reviewed sales for each 
applicable importer to calculate ad valorem

[[Page 40479]]

assessment rates. We will direct CBP to assess the resulting assessment 
rates against the entered customs values for the subject merchandise on 
Raoping Yucun's entries under the relevant order during the POR.
    To determine whether the duty assessment rates were de minimis, in 
accordance with the requirement set forth in 19 CFR 351.106(c)(2), we 
calculated importer-specific ad valorem rates. For Raoping Yucun, we 
aggregated the dumping margins calculated for all U.S. sales to each 
importer and divided this amount by the entered value of the sales to 
each importer. Where an importer-specific ad valorem rate is de 
minimis, we will order CBP to liquidate appropriate entries without 
regard to antidumping duties.
    Lastly, for the respondents receiving dumping rates based upon AFA, 
the Department will instruct CBP to liquidate entries according to the 
AFA ad valorem rate. The Department will issue appraisement 
instructions directly to CBP upon the completion of the final results 
of this administrative review.

Reimbursement Of Duties

    This notice also 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 POR. 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.

Administrative Protective Orders

    This notice also serves as a 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, 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.
    We are issuing and publishing these results and notice in 
accordance with sections 751(a) and 777(i) of the Act.

    Dated: July 5, 2006.
David M. Spooner,
Assistant Secretaryfor Import Administration.

Appendix I - Decision Memorandum

I. General Comments:
Comment 1: Surrogate Value for Straw
Comment 2: Surrogate Value for Mushroom Spawn
Comment 3: Surrogate Value for Cow Manure
Comment 4: Surrogate Value for Tin Cans/Lids
Comment 5: Surrogate Value for Steam Coal
Comment 6: Surrogate Value for Calcium Carbonate
Comment 7: Calculation of Surrogate Financial Ratios
[FR Doc. E6-11276 Filed 7-14-06; 8:45 am]
BILLING CODE 3510-DS-S