Import Administration, International Trade Administration, Department of Commerce.
On January 28, 2008, 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 (“the PRC”) for Ayecue International SLU and its affiliated producer, Ayecue (Liaocheng) Foodstuff Co., Ltd. (collectively, “Ayecue”). See Certain Preserved Mushrooms From the People's Republic of China: Preliminary Results of the Antidumping Duty New Shipper Review, 73 FR 4822 (January 28, 2008) (“Preliminary Results”). We gave interested parties an opportunity to comment on the Preliminary Results.
April 23, 2008.Start Further Info
FOR FURTHER INFORMATION CONTACT:
Thomas Martin, AD/CVD Operations, Office 4, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th St. and Constitution Ave., NW., Washington, DC 20230; telephone: (202) 482-3936.End Further Info End Preamble Start Supplemental Information
The Preliminary Results for this administrative review were published on January 28, 2008. Since the Preliminary Results, the following events have occurred:
The Department did not conduct verification in this new shipper review. Start Printed Page 21905
Case Briefs and Rebuttal Briefs
On January 28, 2008, 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 time limit for filing case briefs. Ayecue timely filed its case brief on February 27, 2008. No other interested party submitted a case or rebuttal brief.
No party requested a hearing for this new shipper review.
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.
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 this order is dispositive.
Analysis of Comments Received
All issues raised in the post-preliminary comments by parties in this review are addressed in the memorandum from Stephen J. Claeys, Deputy Assistant Secretary for Import Administration, to David M. Spooner, Assistant Secretary for Import Administration, “Issues and Decision Memorandum for the Final Results of the Eleventh Antidumping Duty New Shipper Review on Certain Preserved Mushrooms from the People's Republic of China,” dated April 17, 2008 (“Issues and Decision Memorandum”), which is hereby adopted by this notice. A list of the issues that parties raised and to which we responded in the Issues and Decision Memorandum is attached to this notice as an appendix. The Issues and Decision Memorandum is a public document and is on file in the Central Records Unit (“CRU”) in room 1117 in the main Commerce Department building, and is also accessible on the Web at http://ia.ita.doc.gov/frn. The paper copy and electronic version of the memorandum are identical in content.
Changes Since the Preliminary Results
Based on our analysis of comments received, we have made the following changes in the margin calculations for the final results: (1) We used the 2006-2007 annual report of Agro Dutch Industries Limited (Agro Dutch) to value fresh mushrooms and (2) we used the average 2006-2007 data from the annual reports of Agro Dutch and Flex Foods Limited to calculate surrogate financial ratios.
Final Results of the Review
The Department has determined that the following final dumping margin exists for the period February 1, 2006, through January 31, 2007:
|Exporter||Manufacturer||Weighted-average margin (percentage)|
|Ayecue International SLU||Ayecue (Liaocheng). Foodstuff Co., Ltd||0.00|
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 Ayecue to CBP after 15 days of 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 valerom 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 the new shipper review for all shipments of subject merchandise exported by Ayecue International SLU and produced by Ayecue (Liaocheng) Foodstuff Co., Ltd. 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 “Act”): (1) For subject merchandise exported by Ayecue International SLU and produced by Ayecue (Liaocheng) Foodstuff Co., Ltd., no cash deposit will be required; (2) for subject merchandise exported by Ayecue International SLU but not manufactured by Ayecue (Liaocheng) Foodstuff Co., Ltd. the cash deposit rate will continue to be the PRC-wide rate (i.e., 198.63 percent); and (3) for subject merchandise manufactured by Ayecue Start Printed Page 21906(Liaocheng) Foodstuff Co., Ltd., but exported by any party other than Ayecue International SLU, 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).Start Signature
Dated: April 17, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
List of Comments and Issues in the Issues and Decision Memorandum
Comment 1: Whether the Department Should Use Contemporaneous Financial Statement DataEnd Supplemental Information
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).Back to Citation
[FR Doc. E8-8809 Filed 4-22-08; 8:45 am]
BILLING CODE 3510-DS-P