[Federal Register Volume 73, Number 151 (Tuesday, August 5, 2008)]
[Notices]
[Pages 45402-45403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17969]


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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 the Antidumping Duty New Shipper Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On May 23, 2008, the Department of Commerce (``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 Dujiangyan 
Xingda Foodstuff Co., Ltd. (``Xingda''). See Certain Preserved 
Mushrooms from the People's Republic of China: Preliminary Results of 
the Antidumping Duty New Shipper Review, 73 FR 30054 (May 23, 2008) 
(``Preliminary Results''). We gave interested parties an opportunity to 
comment on the Preliminary Results, but we did not receive any 
comments. Therefore, we made no changes to the dumping margin 
calculations for these final results.

EFFECTIVE DATE: August 5, 2008.

FOR FURTHER INFORMATION CONTACT: Zev Primor at (202) 482-4114; AD/CVD 
Operations, Office 4, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Case History

    The Preliminary Results for this administrative review were 
published on May 23, 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. No 
interested party submitted a case or rebuttal brief.

Verification

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

Hearing

    No party requested a hearing for this new shipper review.

Period of Review

    The period of review (``POR'') covers February 1, 2007, through 
July 31, 2007.

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.\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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    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.
    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.

Separate Rates

    In proceedings involving non-market (``NME'') countries, the 
Department begins with a rebuttable presumption that all companies 
within the country are subject to government control and, thus, should 
be assigned a single antidumping duty deposit rate. It is the 
Department's policy to assign all exporters of merchandise subject to 
review in an NME country this single rate unless an exporter can 
demonstrate that it is sufficiently independent so as to be entitled to 
a separate rate.
    In the Preliminary Results, we found that Xingda demonstrated its 
eligibility for separate rate status. We received no comments from 
interested parties regarding Xingda's separate rate status. In these 
final results of review, we continue to find that the evidence placed 
on the record of this review by Xingda demonstrates an absence of 
government control, both in law and in fact, with respect to Xingda's 
exports of the merchandise under review. Thus, we have determined that 
Xingda is eligible to receive a separate rate.

Analysis of Comments Received

    No interested parties submitted comments for these final results.

Changes Since the Preliminary Results

    We made no changes to the Preliminary Results.

Combination Rate

    In new shipper reviews, the Department may, pursuant to 19 CFR 
351.107(b), establish a combination cash deposit rate for each 
combination of the exporter and its supplying producer(s). See Fresh 
Garlic from the People's Republic of China: Final Results of 
Antidumping Duty New Shipper Review, 67 FR 72139 at 72140 (December 4, 
2002), Notice of Final Results of Antidumping Duty New Shipper Review: 
Certain In-Shell Raw Pistachios from Iran, 68 FR 353 at 354 (January 3, 
2003), and Certain Forged Stainless Steel

[[Page 45403]]

Flanges from India: Final Results of Antidumping Duty New Shipper 
Review, 68 FR 351 (January 3, 2002). The Department has determined that 
a combination rate is appropriate in this case, as Xingda is both the 
producer and exporter of the subject merchandise. Therefore, the 
Department will include in its cash deposit instructions to CBP 
appropriate language to enforce these final results of new shipper 
review on the basis of a combination rate involving Xingda as both the 
producer and exporter of the subject merchandise.

Final Results of Review

    The Department has determined that the following margin exists 
during the period February 1, 2007, through July 31, 2007:

------------------------------------------------------------------------
                                                       Weighted-Average
                Exporter/Manufacturer                       Margin
                                                         (Percentage)
------------------------------------------------------------------------
Dujiangyan Xingda Foodstuff Co., Ltd................                0.00
------------------------------------------------------------------------

Assessment Rates

    Pursuant to these final results, the Department determined, and 
U.S. Customs and Border Protection (``CBP'') shall assess, antidumping 
duties on all appropriate entries. The Department intends to issue 
assessment instructions for Xingda to CBP 15 days after the date of 
publication of these final results of new shipper review. Pursuant to 
19 CFR 351.212(b)(1), we calculated importer-specific (or customer) 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 (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 by Xingda 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 produced and exported by 
Xingda, no cash deposit will be required; (2) for subject merchandise 
exported by Xingda, but not manufactured by Xingda, the cash deposit 
rate will continue to be the PRC-wide rate (i.e., 198.63 percent); and 
(3) for subject merchandise manufactured by Xingda, but exported by any 
party other than Xingda, 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: July 29, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-17969 Filed 8-4-08; 8:45 am]
BILLING CODE 3510-DS-S