[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
------------------------------------------------------------------------

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