[Federal Register Volume 74, Number 236 (Thursday, December 10, 2009)]
[Notices]
[Pages 65520-65522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29469]


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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 2, 2009, 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 Linyi 
City Kangfa Foodstuff Drinkable Co., Ltd. (Kangfa). See Certain 
Preserved Mushrooms From the People's Republic of China: Preliminary 
Results of Antidumping Duty New Shipper Review, 73 FR 50946 (October 2, 
2009) (Preliminary Results). We gave interested parties an opportunity 
to comment on the

[[Page 65521]]

Preliminary Results, and received no comments. We also made no changes 
to the preliminary results for these final results. Therefore, the 
final results do not differ from the preliminary results.

DATES: Effective Date: December 10, 2009.

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: We published the preliminary results for 
this new shipper review on October 2, 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 50951. No interested party submitted 
a case or rebuttal brief.

Period of Review

    The period of review (POR) is February 1, 2008, through January 31, 
2009.

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

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 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 Kangfa 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 Kangfa 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, 2008, through January 31, 2009:

------------------------------------------------------------------------
                                                      Weighted-Average
              Exporter/Manufacturer                 margin (Percentage)
------------------------------------------------------------------------
Linyi City Kangfa Foodstuff Drinkable 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 Kangfa 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 new shipper review for all 
shipments of subject merchandise by Kangfa entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided by section 751(a)(2)(C)

[[Page 65522]]

of the Tariff Act of 1930, as amended (the Act): (1) For subject 
merchandise produced and exported by Kangfa, the cash deposit rate will 
be zero; (2) for subject merchandise exported by Kangfa, but not 
manufactured by Kangfa, the cash deposit rate will continue to be the 
PRC-wide rate (i.e., 198.63 percent); and (3) for subject merchandise 
manufactured by Kangfa, but exported by any party other than Kangfa, 
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 4, 2009.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E9-29469 Filed 12-9-09; 8:45 am]
BILLING CODE 3510-DS-P