[Federal Register Volume 73, Number 79 (Wednesday, April 23, 2008)]
[Notices]
[Pages 21904-21906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-8809]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-851]


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

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On January 28, 2008, 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 (``the 
PRC'') for Ayecue International SLU and its affiliated producer, Ayecue 
(Liaocheng) Foodstuff Co., Ltd. (collectively, ``Ayecue''). See Certain 
Preserved Mushrooms From the People's Republic of China: Preliminary 
Results of the Antidumping Duty New Shipper Review, 73 FR 4822 (January 
28, 2008) (``Preliminary Results''). We gave interested parties an 
opportunity to comment on the Preliminary Results.

EFFECTIVE DATE: April 23, 2008.

FOR FURTHER INFORMATION CONTACT: Thomas Martin, AD/CVD Operations, 
Office 4, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th St. and Constitution Ave., NW., 
Washington, DC 20230; telephone: (202) 482-3936.

SUPPLEMENTARY INFORMATION: 

Case History

    The Preliminary Results for this administrative review were 
published on January 28, 2008. Since the Preliminary Results, the 
following events have occurred:

Verification

    The Department did not conduct verification in this new shipper 
review.

[[Page 21905]]

Case Briefs and Rebuttal Briefs

    On January 28, 2008, in the Preliminary Results, the Department 
stated that interested parties were to submit case briefs within 30 
days of publication of the preliminary results and rebuttal briefs 
within five days after the time limit for filing case briefs. Ayecue 
timely filed its case brief on February 27, 2008. No other interested 
party submitted a case or rebuttal brief.

Hearing

    No party requested a hearing for this new shipper review.

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'' refers 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.

Analysis of Comments Received

    All issues raised in the post-preliminary comments by parties in 
this review are addressed in the memorandum from Stephen J. Claeys, 
Deputy Assistant Secretary for Import Administration, to David M. 
Spooner, Assistant Secretary for Import Administration, ``Issues and 
Decision Memorandum for the Final Results of the Eleventh Antidumping 
Duty New Shipper Review on Certain Preserved Mushrooms from the 
People's Republic of China,'' dated April 17, 2008 (``Issues and 
Decision Memorandum''), which is hereby adopted by this notice. A list 
of the issues that parties raised and to which we responded in the 
Issues and Decision Memorandum is attached to this notice as an 
appendix. The Issues and Decision Memorandum is a public document and 
is on file in the Central Records Unit (``CRU'') in room 1117 in the 
main Commerce Department building, and is also accessible on the Web at 
http://ia.ita.doc.gov/frn. The paper copy and electronic version of the 
memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made the 
following changes in the margin calculations for the final results: (1) 
We used the 2006-2007 annual report of Agro Dutch Industries Limited 
(Agro Dutch) to value fresh mushrooms and (2) we used the average 2006-
2007 data from the annual reports of Agro Dutch and Flex Foods Limited 
to calculate surrogate financial ratios.

Final Results of the Review

    The Department has determined that the following final dumping 
margin exists for the period February 1, 2006, through January 31, 
2007:


 
------------------------------------------------------------------------
                                                       Weighted-average
            Exporter                Manufacturer     margin (percentage)
------------------------------------------------------------------------
Ayecue International SLU.......  Ayecue                            0.00
                                  (Liaocheng).
                                  Foodstuff Co.,
                                  Ltd.
------------------------------------------------------------------------

Assessment Rates

    Upon issuance of the final results, the Department will determine, 
and U.S. Customs and Border Protection (``CBP'') shall assess, 
antidumping duties on all appropriate entries. The Department intends 
to issue assessment instructions for Ayecue to CBP after 15 days of the 
date of publication of the final results of review. Pursuant to 19 CFR 
351.212(b)(1), we will calculate importer-specific (or customer) ad 
valerom 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 (or customer) 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 final results of the new shipper review for all 
shipments of subject merchandise exported by Ayecue International SLU 
and produced by Ayecue (Liaocheng) Foodstuff Co., Ltd. entered, or 
withdrawn from warehouse, for consumption on or after the publication 
date, as provided by section 751(a)(2)(C) of the Tariff Act of 1930, as 
amended (the ``Act''): (1) For subject merchandise exported by Ayecue 
International SLU and produced by Ayecue (Liaocheng) Foodstuff Co., 
Ltd., no cash deposit will be required; (2) for subject merchandise 
exported by Ayecue International SLU but not manufactured by Ayecue 
(Liaocheng) Foodstuff Co., Ltd. the cash deposit rate will continue to 
be the PRC-wide rate (i.e., 198.63 percent); and (3) for subject 
merchandise manufactured by Ayecue

[[Page 21906]]

(Liaocheng) Foodstuff Co., Ltd., but exported by any party other than 
Ayecue International SLU, the cash deposit rate will be the rate 
applicable to the exporter. These cash deposit requirements will remain 
in effect until further notice.

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

    Dated: April 17, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.

Appendix

List of Comments and Issues in the Issues and Decision Memorandum

    Comment 1: Whether the Department Should Use Contemporaneous 
Financial Statement Data

 [FR Doc. E8-8809 Filed 4-22-08; 8:45 am]
BILLING CODE 3510-DS-P