[Federal Register: October 16, 2003 (Volume 68, Number 200)]
[Notices]
[Page 59586]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16oc03-31]
[[Page 59586]]
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DEPARTMENT OF COMMERCE
International Trade Adminstration
[A-570-851]
Certain Preserved Mushrooms from the People's Republic of China:
Notice of Partial Rescission of Sixth New Shipper Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of Partial Rescission of Sixth New Shipper Review.
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EFFECTIVE DATE: October 16, 2003.
FOR FURTHER INFORMATION CONTACT: Brian Smith or Jim Mathews, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, N.W., Washington, D.C.
20230; telephone: (202) 482-1766 or (202) 482-2778, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 28, 2003, Primera Harvest (Xiangfan) Co., Ltd. (Primera
Harvest) and Xiamen International Trade & Industrial Co., Ltd. (XITIC)
requested a new shipper review of their sales. On March 28, 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 with respect to these companies. See Certain
Preserved Mushrooms from the People's Republic of China: Initiation of
Antidumping Duty New Shipper Review, 68 FR 15152.
After analyzing XITIC's May 23, 2003, questionnaire responses, the
Department determined that XITIC did not produce the subject
merchandise that it exported. Rather, XITIC exported subject
merchandise that was produced by Inter-Foods D.S. Co., Ltd. Therefore,
pursuant to CFR 351.214(b)(ii)(B), XITIC failed to provide the proper
new shipper certification. (See Memorandum to the File from Brian Smith
and Jim Mathews, International Trade Compliance Analysts, dated August
7, 2003). On August 7, 2003, the Department sent copies of this
memorandum to the interested parties. The memorandum stated that the
parties had two weeks from the date of receipt to comment on the
Department's decision to rescind this new shipper review. No party
filed comments during the period stipulated the memorandum.
Accordingly, we are rescinding the new shipper review with respect to
XITIC.
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
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.
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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\2\ (``HTS''). Although the HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the scope of this order is dispositive.
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\2\ Prior to January 1, 2002, the HTS subheadings were as
follows: 2003.10.0027, 2003.10.0031, 2003.10.0037, 2003.10.0043,
2003.10.0047, 2003.10.0053, and 0711.90.4000.
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Period of Review
The period of review is February 1, 2002, through January 31, 2003.
Partial Recission of Review
Section 351.214(b)(ii)(B) states that a request for a new shipper
review must contain a certification from the person that produced or
supplied the subject merchandise to the person requesting the review
that that producer or supplier did not export the subject merchandise
to the United States during the period of investigation. Due to XITIC's
failure to provide the necessary certification from the producer or
supplier of the subject merchandise and its misleading statements in
the submitted certification that suggested that it was both the
exporter and producer of subject merchandise, we are rescinding, in
part, this new shipper review on certain preserved mushrooms from the
People's Republic of China as to XITIC. This review will continue with
respect to Primera Harvest.
Notification
Bonding will no longer be permitted to fulfill security
requirements for shipments from XITIC of certain preserved mushrooms
from the PRC entered, or withdrawn from warehouse, for consumption on
or after the publication date of these final results.
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 these determinations 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: October 9, 2003.
Jeffrey May,
Acting Assistant Secretary for Import Administration.
[FR Doc. 03-26211 Filed 10-15-03; 8:45 am]