[Federal Register: April 23, 2004 (Volume 69, Number 79)]
[Notices]
[Page 22004-22005]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23ap04-41]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-851]
Certain Preserved Mushrooms from the People's Republic of China:
Notice of Partial Rescission of Seventh New Shipper Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of Partial Rescission of Seventh New Shipper Review.
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EFFECTIVE DATE: April 23, 2004.
FOR FURTHER INFORMATION CONTACT: Brian Smith or Terre Keaton, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC
20230; telephone: (202) 482-1766 or (202) 482-1280, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 7, 2003, the Department published a notice of initiation
of an antidumping duty new shipper review on certain preserved
mushrooms from the People's Republic of China (``PRC'') with respect to
the following two PRC companies: Nanning Runchao Industrial Trade
Company, Ltd. (``Nanning Runchao'') and Guangxi Hengxian Pro-Light
Foods, Inc. (``Guangxi Hengxian''). See Certain Preserved Mushrooms
from the People's Republic of China: Initiation of Seventh Antidumping
Duty New Shipper Review, 68 FR 57877.
On April 7, 2004, Nanning Runchao's counsel notified the Department
that the U.S. Food and Drug Administration (``USFDA'') had ruled that
its U.S. shipment of subject merchandise (i.e., the entry which is the
basis for its new shipper review request) was being returned to the PRC
because it did not comply with USFDA regulations. As a result, the
Department informed Nanning Runchao that it was cancelling the
verification which was to commence during April 2004 (see April 7,
2004, memorandum from team leader to the file). On April 9, 2004,
Nanning Runchao withdrew its request for a new shipper review.
Accordingly, we are rescinding the new shipper review with respect
to Nanning Runchao for the reasons mentioned below.
Scope of Order
The products covered by this order are certain preserved mushrooms
whether imported whole, sliced, diced, or as stems and pieces. The
preserved mushrooms covered under this order are the species Agaricus
bisporus and Agaricus bitorquis. ``Preserved mushrooms'' refer 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. 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.
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.\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. This decision is currently on appeal
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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.
Period of Review
The period of review (``POR'') is February 1, 2003, through July
31, 2003.
Partial Recission of Review
The Department's regulations at 19 CFR 351.214(f)(1) provide that
the Department may rescind a new shipper review ``... if a party that
requested a review withdraws its request no later than 60 days after
the date of publication of notice of initiation of the requested
review.'' Nanning Runchao withdrew its request for new shipper
[[Page 22005]]
review on April 9, 2004. Although Nanning Runchao's withdrawal is more
than 60 days from the date of initiation, consistent with the
Department's past practice in the context of administrative reviews
conducted under section 751(a) of the Act, the Department has
discretion to extend the time period for withdrawal on a case-by-case
basis. (See e.g. Iron Construction Castings from Canada: Notice of
Rescission of Antidumping Duty Administrative Review), 63 FR 45797
(August 27, 1998)). In this case, the Department has determined to
grant the request to rescind this new shipper review with respect to
Nanning Runchao because rescission of this review would not prejudice
any party in this proceeding, as Nanning Runchao would continue to be
included in the PRC-wide rate to which it was subject at the time of
its request for a new shipper review. (See Silicon Metal from the
People's Republic of China: Notice of Rescission of New Shipper
Review), 64 FR 40831 (July 28, 1999).). Nanning Runchao is the only
party that requested a review of its sale during the POR, and no other
party has objected to its withdrawal of that request. Accordingly, we
are rescinding, in part, this new shipper review on certain preserved
mushrooms from the People's Republic of China as to Nanning Runchao.
This review will continue with respect to Guangxi Hengxian.
Notification
We will instruct Customs and Border Protection (``CBP'') that
bonding will no longer be permitted to fulfill security requirements
for shipments from Nanning Runchao of certain preserved mushrooms from
the PRC entered, or withdrawn from warehouse, for consumption on or
after the publication date of this rescission notice. We will also
instruct CBP to liquidate any entries by Nanning Runchao during the
period of review at the cash deposit rate in effect at the time of
entry.
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. 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.
This notice also serves as the only 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(a). 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.
We are issuing and publishing this determination and notice in
accordance with sections 751(a)(2)(B)(iv) and 777(i) of the Act, as
amended, and 19 CFR 351.214(f)(3).
Dated: April 19, 2004.
Jeffrey May,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 04-9298 Filed 4-22-04; 8:45 am]