[Federal Register Volume 65, Number 191 (Monday, October 2, 2000)]
[Notices]
[Pages 58735-58736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-25270]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-851]


Certain Preserved Mushrooms From the People's Republic of China: 
Initiation of New Shipper Antidumping Duty Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce has received a request to conduct a 
new shipper review of the antidumping duty order on certain preserved 
mushrooms from the People's Republic of China. In accordance with 19 
CFR 351.214(d), we are initiating this review.

EFFECTIVE DATE: October 2, 2000.

FOR FURTHER INFORMATION CONTACT: David J. Goldberger or Kate Johnson, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-4136 or (202) 482-4929, 
respectively.

The Applicable Statute

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (the Act), are references to the provisions effective 
January 1, 1995, the effective date of the amendments made to the Act 
by the Uruguay Round Agreements Act. In addition, unless otherwise 
indicated, all citations to the Department of Commerce (the 
Department's) regulations are to 19 CFR part 351 (2000).

SUPPLEMENTARY INFORMATION:

Background

    The Department has received a timely request from Green Fresh Foods 
(Zhangzhou) Co., Ltd. (Green Fresh Foods), in accordance with 19 CFR 
351.214(c), for a new shipper review of the antidumping duty order on 
certain preserved mushrooms from the People's Republic of China (PRC), 
which has an August semiannual anniversary date. See Notice of 
Amendment of Final Determination of Sales at Less Than Fair Value and 
Antidumping Duty Order: Certain Preserved Mushrooms from the People's 
Republic of China, 64 FR 8308 (February 19, 1999). As required by 19 
CFR 351.214(b)(2)(i) and (iii)(A), Green Fresh Foods (the respondent) 
has certified that it did not export certain preserved mushrooms to the 
United States during the period of investigation (POI), and that it has 
never been affiliated with any exporter or producer which exported 
certain preserved mushrooms during the POI. Green Fresh Foods further 
certified that its export activities are not controlled by the central 
government of the PRC, pursuant to 19 CFR 351.214(b)(2)(iii)(B). 
Pursuant to the Department's regulations at 19 CFR 351.214(b)(2)(iv), 
Green Fresh Foods submitted documentation establishing the date on 
which it first shipped the subject merchandise to the United States, 
the volume of that first shipment, and the date of its first sale to an 
unaffiliated customer in the United States.
    In accordance with section 751(a)(2)(B) of the Act, as amended, and 
19 CFR 351.214(b), and based on information on the record, we are 
initiating the new shipper review as requested.
    It is the Department's usual practice in cases involving non-market 
economies to require that a company seeking to establish eligibility 
for an antidumping duty rate separate from the country-wide rate 
provide de jure and de facto evidence of an absence of government 
control over the company's export activities. See Certain Preserved 
Mushrooms from the People's Republic of China: Initiation of New 
Shipper Antidumping Duty Review, 65 FR 17257

[[Page 58736]]

(March 31, 2000). Accordingly, we will issue a separate rates 
questionnaire to the above-named respondent. If respondent Green Fresh 
Foods provides sufficient evidence that it is not subject to either de 
jure or de facto government control with respect to its exports of 
certain preserved mushrooms, this review will proceed. If, on the other 
hand, Green Fresh Foods does not meet its burden to demonstrate its 
eligibility for a separate rate, then Green Fresh Foods will be deemed 
to be affiliated with other companies that exported during the POI and 
that did not establish entitlement to a separate rate. This review will 
then be terminated due to failure of the exporter or producer to meet 
the requirements of section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 
351.214(iii)(B).

Scope of the Review

    The products covered by this review are certain preserved mushrooms 
whether imported whole, sliced, diced, or as stems and pieces. The 
preserved mushrooms covered under this review 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 review 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 review 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.
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    The merchandise subject to this review is classifiable under 
subheadings 2003.1000.27, 2003.1000.31, 2003.1000.37, 2003.1000.43, 
2003.1000.47, 2003.1000.53, and 0711.90.4000 of the Harmonized Tariff 
Schedule of the United States (``HTS''). Although the HTS subheadings 
are provided for convenience and Customs purposes, our written 
description of the scope of this review is dispositive.

Initiation of Review

    In accordance with section 751(a)(2)(B)(ii) of the Act and 19 CFR 
351.214(d)(1), we are initiating a new shipper review of the 
antidumping duty order on certain preserved mushrooms from the PRC. We 
intend to issue the preliminary results of this review within 180 days 
after initiation.

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          Antidumping duty proceeding             Period to be reviewed
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PRC: Certain Preserved Mushrooms, A-570-851:       02/01/2000-07/31/2000
 Green Fresh Foods (Zhangzhou) Co., Ltd........
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    Subject to receipt of an adequate separate rates questionnaire 
response from the respondent, we will instruct the U.S. Customs Service 
to allow, at the option of the importer, the posting of a bond or 
security in lieu of a cash deposit for each entry of the merchandise 
exported by the above-listed company until the completion of the 
review. This action is in accordance with 19 CFR 351.214(e) and (j)(3).
    Interested parties that need access to the proprietary information 
in this new shipper review should submit applications for disclosure 
under administrative protective orders in accordance with 19 CFR 
351.305 and 351.306.
    This initiation and this notice are in accordance with section 
751(a) of the Act (19 U.S.C. 1675(a)) and 19 CFR 351.214(d).

    Dated: September 22, 2000.
Richard W. Moreland,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 00-25270 Filed 9-29-00; 8:45 am]
BILLING CODE 3510-DS-P