[Federal Register: December 6, 2007 (Volume 72, Number 234)]
[Notices]
[Page 68858-68859]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06de07-24]
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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 the Tenth Antidumping Duty New Shipper Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On August 15, 2007, 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
Guangxi Jisheng Foods, Inc. (``Jisheng''). See Certain Preserved
Mushrooms From the People's Republic of China: Preliminary Results of
the Antidumping Duty New Shipper Review, 72 FR 45734 (August 15, 2007)
(``Preliminary Results''). We gave interested parties an opportunity to
comment on the Preliminary Results, but we did not receive any comment.
Also, we find after reviewing the record evidence submitted by
interested parties after the Preliminary Results that there is no other
basis to change the Preliminary Results. Therefore, we made no changes
to the dumping margin calculations for these final results.
DATES: Effective Dates: December 6, 2007.
FOR FURTHER INFORMATION CONTACT: Julia Hancock, AD/CVD Operations,
Office 9, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202) 482-1394.
SUPPLEMENTARY INFORMATION:
Case History
The Preliminary Results for this administrative review were
published on August 15, 2007. Since the Preliminary Results, the
following events have occurred:
Questionnaires
On August 30, 2007, the Department issued a post-preliminary
results supplemental questionnaire to Jisheng. On September 12, 2007,
Jisheng requested a two-day extension to respond to the Department's
August 30, 2007, supplemental questionnaire. On September 12, 2007, the
Department granted Jisheng an extension of two days to submit its
response to the August 30, 2007, questionnaire. On September 14, 2007,
Jisheng submitted its post-preliminary results supplemental
questionnaire response.
Verification
On September 12, 2007, the Department issued the verification
schedule of Jisheng. On October 5, 2007, the Department issued the
outline of the verification of Jisheng that was scheduled for October
22 through 24, 2007. On October 18, 2007, the Department notified
interested parties that the verification of Jisheng had been cancelled.
Case Briefs and Rebuttal Briefs
On October 3, 2007, because the Department had extended the final
results of this new shipper review and intended to verify Jisheng, the
Department extended the deadline for interested parties to submit case
briefs and rebuttal briefs. The Department extended the deadline for
case briefs from September 14, 2007 to November 14, 2007, and rebuttal
briefs from September 19, 2007 to November 19, 2007.
On October 18, 2007, the Department notified interested parties
that, due to the cancellation of Jisheng's verification, the deadline
to submit case briefs was November 1, 2007. Additionally, the deadline
to submit rebuttal briefs was changed to November 6, 2007.
Hearing
No party requested a hearing for this new shipper review.
Extension of Final Results
On September 27, 2007, the Department extended the time limit for
completion of the final results of the instant new shipper review. See
Certain Preserved Mushrooms From the People's Republic of China:
Extension of Time Limit for the Final Results of the Tenth Antidumping
Duty New Shipper Review, 72 FR 54899 (September 27, 2007).
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
[[Page 68859]]
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.
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. 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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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.
Analysis of Comments Received
No interested parties submitted comments for these final results.
Changes Since the Preliminary Results
We made no changes to the Preliminary Results.
Final Results of Review
We find that the following margin exists during the period February
1, 2006, through September 12, 2006:
Certain Preserved Mushrooms From the PRC
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Weighted-average
Exporter/ manufacturer margin (percent)
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Guangxi Jisheng Foods, Inc.......................... 0.00
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Assessment Rates
Upon issuance of the final results, the Department will determine,
and U.S. Customs and Border Protection (``CBP'') shall assess,
antidumping duties on all appropriate entries. The Department intends
to issue assessment instructions for Jisheng to CBP 15 days after the
date of publication of the final results of review. Pursuant to 19 CFR
351.212(b)(1), we will calculate 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 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 results of the new shipper review for all
shipments of subject merchandise from Jisheng entered, or withdrawn
from warehouse, for consumption on or after the publication date: (1)
For subject merchandise produced and exported by Jisheng, no cash
deposit will be required; (2) for subject merchandise exported by
Jisheng but not manufactured by itself, the cash deposit rate will
continue to be the PRC-wide rate (i.e., 198.63 percent); and (3) for
subject merchandise manufactured by Jisheng but exported by any other
party, the cash deposit rate will be the rate applicable to the
exporter. These requirements will remain in effect until publication of
the final results of the next administrative review.
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) of the Tariff Act of 1930, as amended, and 19
CFR 351.214(h).
Dated: November 28, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E7-23688 Filed 12-5-07; 8:45 am]
BILLING CODE 3510-DS-P