[Federal Register Volume 71, Number 222 (Friday, November 17, 2006)]
[Notices]
[Pages 66910-66912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19471]


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

DEPARTMENT OF COMMERCE

International Trade Administration

(A-570-851)


Certain Preserved Mushrooms from the People's Republic of China: 
Final Results of the Antidumping Duty New Shipper Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On July 7, 2006, the Department of Commerce (``the 
Department'') published in the Federal Register the preliminary results 
of the new shipper review of the antidumping duty order on certain 
preserved mushrooms from the People's Republic of China (``PRC'') for 
Guangxi Eastwing Trading Co., Ltd. (``Eastwing''). See Certain 
Preserved Mushrooms from the People's Republic of China: Preliminary 
Results of the Antidumping Duty New Shipper Review, 71 FR 38617 (July 
7, 2006) (``Preliminary Results''). We gave interested parties an 
opportunity to comment on the Preliminary Results. Although no party 
submitted a case brief, additional surrogate value information has been 
placed on the record subsequent to the Preliminary Results by both 
Eastwing and the Department. Based on our analysis of the surrogate 
value information, we made changes to the antidumping duty margin 
calculations for the final results. We continue to find that Eastwing 
sold subject merchandise at less than normal value during the period of 
review (``POR'') February 1, 2005, through August 15, 2005.

EFFECTIVE DATE:  November 17, 2006.

FOR FURTHER INFORMATION CONTACT: Matthew Renkey, 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) 482-2312.

SUPPLEMENTARY INFORMATION:

Case History

    Subsequent to the Preliminary Results, on July 27, 2006, Eastwing 
timely submitted publicly available surrogate value information for the 
Department to consider in valuing the factors of production. Eastwing 
did not file a case brief. On September 11, 2006, the Department sent 
Eastwing a letter asking it to clarify certain information contained in 
its July 27, 2006, filing, and also placed on the record for comment 
additional surrogate value information. On September 21, 2006,

[[Page 66911]]

Eastwing submitted a timely response and comments in reply to the 
Department's September 11, 2006, letter. On September 28, 2006, the 
Department published in the Federal Register a notice extending the 
deadline for the final results. See Certain Preserved Mushrooms from 
the People's Republic of China: Extension of Time Limit for Final 
Results of the 2005 Antidumping Duty New Shipper Review, 71 FR 56954 
(September 28, 2006). Also on September 28, 2006, the Department placed 
on the record additional surrogate value information for consideration 
in valuing the factors of production. Eastwing did not comment on this 
information.

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 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.

Changes Since the Preliminary Results

    Based on surrogate value comments received from Eastwing and 
information placed on the record by the Department subsequent to our 
Preliminary Results, we have made revisions to the margin calculation 
for the final results. Specifically, we have selected new surrogate 
values for the manure and straw factors of production because the 
manure and straw corresponding to these new surrogate values better 
match the inputs used in the production of the subject merchandise. We 
have also selected new information to use in calculating the financial 
ratios for factory overhead, selling, general and administrative 
expenses, and profit. The new financial information, unlike the data 
used in the Preliminary Results, is contemporaneous with the POR and 
offers a broader representation of the industry. See Memorandum from 
Matthew Renkey, Senior Analyst, through Alex Villanueva, Program 
Manager, Office 9, to the File; New Shipper Review of Certain Preserved 
Mushrooms from the People's Republic of China: Surrogate Values for the 
Final Results, dated November 9, 2006 (``Final Surrogate Values 
Memo''). Our calculation incorporating the new surrogate value data can 
be found in the Memorandum from Matthew Renkey, Senior Analyst, through 
Alex Villanueva, Program Manager, Office 9, to the File; Analysis for 
the Final Results of the New Shipper Review of Certain Preserved 
Mushrooms from the Peoples' Republic of China: Guangxi Eastwing Trading 
Co., Ltd. (``Final Analysis Memo''). Lastly, for the Preliminary 
Results, we inadvertently did not multiply the freight distance and 
surrogate value by the corresponding factor usage ratio; we have 
corrected this clerical error in the freight calculation for these 
final results. Id.

Final Results of Review

    We find that the following margin exists during the period February 
1, 2005, through August 15, 2005:

------------------------------------------------------------------------
                                                       Weighted--Average
                Exporter/Manufacturer                   Margin (Percent)
------------------------------------------------------------------------
Guangxi Eastwing Trading Co., Ltd./Raoping CXF Foods,            4.31
 Inc.................................................
------------------------------------------------------------------------

Assessment Rates

    The Department will issue appropriate appraisement instructions 
directly to U.S. Customs and Border Protection (``CBP'') for Eastwing 
within 15 days of publication of the final results of this review. 
Pursuant to 19 CFR 351.212(b)(1), we will calculate importer--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. We will instruct CBP to assess 
antidumping duties on all appropriate entries covered by this review if 
any importer--specific assessment rate calculated in the final results 
of this review is above de minimis.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of these results of the new shipper review for all 
shipments of subject merchandise from Eastwing entered, or withdrawn 
from warehouse, for consumption on or after the publication date: (1) 
For subject merchandise manufactured by Raoping CXF Foods, Inc. 
(``CXF'') and exported by Eastwing, the cash deposit rate will be the 
rate shown above; (2) for subject merchandise exported by Eastwing but 
not manufactured by CXF, the cash deposit rate will continue to be the 
PRC--wide rate (i.e., 198.63 percent); and (3) for subject merchandise 
produced by CXF but not exported by Eastwing, the cash deposit rate 
will be the rate applicable to the exporter. These requirements will 
remain in effect until publication of the final results of the next 
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.

[[Page 66912]]

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.
    This new shipper review and notice are in accordance with sections 
751(a)(1), 751(a)(2)(B), and 777(i) of the Act and 19 CFR 351.214(h).

    Dated: November 9, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-19471 Filed 11-16-06; 8:45 am]
BILLING CODE 3510-DS-S