[Federal Register Volume 73, Number 238 (Wednesday, December 10, 2008)]
[Notices]
[Pages 75083-75084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29215]



[[Page 75083]]

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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 October 3, 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 (PRC) for 
Zhangzhou Golden Banyan Foodstuffs Industrial Co., Ltd. (Golden 
Banyan). See Certain Preserved Mushrooms From the People's Republic of 
China: Preliminary Results of Antidumping Duty New Shipper Review, 73 
FR 57597 (October 3, 2008) (Preliminary Results). We gave interested 
parties an opportunity to comment on the Preliminary Results, but we 
received no comments. Therefore, the final results do not differ from 
the preliminary results.

EFFECTIVE DATE: December 10, 2008.

FOR FURTHER INFORMATION CONTACT: Fred Baker or Robert James, AD/CVD 
Operations, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482-2924 
or (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION: The Preliminary Results for this 
administrative review were published on October 3, 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 due date for 
filing case briefs. See Preliminary Results at 57601. No interested 
party submitted a case or rebuttal brief.
    As noted in the Preliminary Results, at the time Golden Banyan 
submitted its request for new shipper review it was in the process of 
seeking government approval to change its name from Zhangzhou Golden 
Banyan Foodstuffs Industrial Co., Ltd. to Fujian Golden Banyan 
Foodstuffs Industrial Co., Ltd. At that time, Golden Banyan had 
received preliminary approval for the name change, but was still 
waiting for the change to apply to its certificate of approval and 
business license. See Preliminary Results at 57597. Therefore, Golden 
Banyan submitted its request for new shipper review under both names. 
See Certain Preserved Mushrooms from the People's Republic of China: 
Initiation of New Shipper Review, 73 FR 18772, at footnote 1 (April 7, 
2008) (Initiation). On November 12, 2008, Golden Banyan submitted 
evidence that a new certificate of approval was issued on March 12, 
2008, and a new business license on September 28, 2008, both of which 
reflect the new name. This name change became effective February 26, 
2008. See Golden Banyan's November 12, 2008, submission at 1 and 
Exhibit 2. Therefore, these final results shall apply to Golden Banyan 
under its new name, Fujian Golden Banyan Foodstuffs Industrial Co., 
Ltd.

Period of Review

    The period of review (POR) is February 1, 2007, through February 
29, 2008.\1\
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    \1\ As indicated in the initiation notice, Golden Banyan's 
shipment entered the United States shortly after the anniversary 
month. Therefore, for the reasons given in the initiation notice, we 
extended the POR to include Golden Banyan's shipment. See Initiation 
at 18772-18773.
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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.\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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    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 the order is dispositive.

Separate Rates

    In proceedings involving non-market economy (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 Golden Banyan 
demonstrated its eligibility for separate rate status. We received no 
comments from interested parties regarding Golden Banyan's separate 
rate status. In these final results of review, we continue to find the 
evidence placed on the record by Golden Banyan demonstrates an absence 
of government control, both in law and in fact, with respect to Golden 
Banyan's exports of the merchandise under review. Thus, we have 
determined that Golden Banyan is eligible to receive a separate rate.

Changes Since the Preliminary Results

    As we received no comments, 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:

[[Page 75084]]

Certain In-Shell Raw Pistachios From Iran, 68 FR 353 at 354 (January 3, 
2003); and Certain Forged Stainless Steel Flanges From India: Final 
Results of Antidumping Duty New Shipper Review, 68 FR 351 (January 3, 
2003). The Department has determined that a combination rate is 
appropriate in this case, as Golden Banyan is both the producer and 
exporter of the subject merchandise. Therefore, the Department will 
include in its cash deposit instructions to U.S. Customs and Border 
Protection (CBP) appropriate language to enforce these final results of 
new shipper review on the basis of a combination rate involving Golden 
Banyan as both the producer and exporter of the subject merchandise.

Final Results of Review

    The Department has determined that the following margin exists for 
the period February 1, 2007, through February 29, 2008:

------------------------------------------------------------------------
                                                       Weighted-Average
                Exporter/Manufacturer                       Margin
                                                         (Percentage)
------------------------------------------------------------------------
Fujian Golden Banyan Foodstuffs Industrial Co., Ltd.                0.00
------------------------------------------------------------------------

Assessment Rates

    Pursuant to these final results, the Department determined, and CBP 
shall assess, antidumping duties on all appropriate entries. The 
Department intends to issue assessment instructions for Golden Banyan 
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 Golden Banyan under its new name 
Fujian Golden Banyan Foodstuffs Industrial Co., Ltd. (Golden Banyan), 
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 Golden Banyan, the cash deposit rate will be zero; (2) for 
subject merchandise exported by Golden Banyan, but not manufactured by 
Golden Banyan, the cash deposit rate will continue to be the PRC-wide 
rate (i.e., 198.63 percent); and (3) for subject merchandise 
manufactured by Golden Banyan, but exported by any party other than 
Golden Banyan, 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: December 3, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-29215 Filed 12-9-08; 8:45 am]
BILLING CODE 3510-DS-S