[Federal Register Volume 74, Number 116 (Thursday, June 18, 2009)]
[Notices]
[Pages 28882-28883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14362]
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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 Reviews
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On April 1, 2009, the Department of Commerce (the Department)
published in the Federal Register the preliminary results of these new
shipper reviews of the antidumping duty order on certain preserved
mushrooms from the People's Republic of China (PRC) for Zhangzhou
Gangchang Canned Foods Co., Ltd., Fujian (Zhangzhou Gangchang) and
Zhejiang Iceman Group Co., Ltd. (Zhejiang Iceman). See Certain
Preserved Mushrooms From the People's Republic of China: Preliminary
Results of Antidumping Duty New Shipper Reviews, 74 FR 14772 (April 1,
2009) (Preliminary Results). We gave interested parties an opportunity
to comment on the Preliminary Results, and received no comments. We
also made no changes to the Preliminary Results. Therefore, the final
results do not differ from the Preliminary Results.
EFFECTIVE DATE: June 18, 2009.
FOR FURTHER INFORMATION CONTACT: Tyler Weinhold, 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) 482-1121, (202) 482-2924 or (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION: We published the Preliminary Results for
these new shipper reviews on April 1, 2009. 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 14778. No interested party submitted
a case or rebuttal brief.
Period of Review
The period of review (POR) is February 1, 2008, through July 31,
2008.
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 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, the Department announced its
determination that Zhangzhou Gangchang and Zhejiang Iceman had
demonstrated their eligibility for separate rate status. We received no
comments from interested parties regarding this determination. In these
final results of review, we continue to find the evidence placed on the
record by Zhangzhou Gangchang and Zhejiang Iceman demonstrates an
absence of government control, both in law and in fact, with respect to
their exports of the merchandise under review. Thus, we have determined
that Zhangzhou Gangchang and Zhejiang Iceman are eligible to receive
separate rates.
Changes Since the Preliminary Results
We made no changes to the Preliminary Results.
Final Results of Review
The Department has determined that the following margins exist for
the period February 1, 2008, through July 31, 2008:
------------------------------------------------------------------------
Weighted-
Exporter/Manufacturer Average Margin
(Percentage)
------------------------------------------------------------------------
Zhangzhou Gangchang Canned Foods Co., Ltd., Fujian..... 0.00
Zhejiang Iceman Group Co., Ltd......................... 0.00
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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 Zhangzhou
Gangchang and Zhejiang Iceman to CBP 15 days after the date of
publication of these final results of new shipper reviews. 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 these reviews
if any importer-specific (or customer) assessment rate calculated in
[[Page 28883]]
the final results of these reviews are above de minimis.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of these final results of new shipper reviews for all
shipments of subject merchandise by Zhangzhou Gangchang and Zhejiang
Iceman, 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 Tariff Act): (1) for subject
merchandise produced and exported by Zhangzhou Gangchang or produced
and exported by Zhejiang Iceman, the cash deposit rate will be zero;
(2) for subject merchandise exported by Zhangzhou Gangchang or Zhejiang
Iceman, but not manufactured by Zhangzhou Gangchang and Zhejiang
Iceman, respectively, the cash deposit rate will continue to be the
PRC-wide rate (i.e., 198.63 percent); and (3) for subject merchandise
manufactured by Zhangzhou Gangchang and Zhejiang Iceman, but exported
by any party other than Zhangzhou Gangchang and Zhejiang Iceman,
respectively, 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.
These new shipper reviews and notice are in accordance with
sections 751(a)(2)(B) and 777(i)(1) of the Tariff Act and 19 CFR
351.214(h).
Dated: June 11, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-14362 Filed 6-17-09; 8:45 am]
BILLING CODE 3510-DS-S