72 FR 68858, December 6, 2007

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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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
------------------------------------------------------------------------
                                                       Weighted-average
               Exporter/ manufacturer                  margin (percent)
------------------------------------------------------------------------
Guangxi Jisheng Foods, Inc..........................                0.00
------------------------------------------------------------------------

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