45402 Federal Register / Vol. 73, No. 151 / Tuesday, August 5, 2008 / Notices 

1On 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). 

Continuation of Suspension of 

Liquidation 

In accordance with section 

735(c)(1)(B) of the Act, we are directing 

U.S. Customs and Border Protection 

(CBP) to continue to suspend 

liquidation of all entries of light-walled 

rectangular pipe and tube from Mexico. 

CBP shall require a cash deposit equal 

to the estimated amount by which the 

normal value exceeds the U.S. price as 

indicated in the chart above. These 

instructions suspending liquidation will 

remain in effect until further notice. 

This amended determination is issued 

and published pursuant to section 

735(e) of the Act. 

Dated: July 24, 2008. 

David M. Spooner, 

Assistant Secretary for Import 

Administration. 

[FR Doc. E8–17719 Filed 8–4–08; 8:45 am] 

BILLING CODE 3510–DS–M 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–851] 

Certain Preserved Mushrooms from 

the People’s Republic of China: Final 

Results of the Antidumping Duty New 

Shipper Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On May 23, 2008, the 

Department of Commerce 

(‘‘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 

Dujiangyan Xingda Foodstuff Co., Ltd. 

(‘‘Xingda’’). See Certain Preserved 

Mushrooms from the People’s Republic 

of China: Preliminary Results of the 

Antidumping Duty New Shipper Review, 

73 FR 30054 (May 23, 2008) 

(‘‘Preliminary Results’’). We gave 

interested parties an opportunity to 

comment on the Preliminary Results, 

but we did not receive any comments. 

Therefore, we made no changes to the 

dumping margin calculations for these 

final results. 

EFFECTIVE DATE: August 5, 2008. 

FOR FURTHER INFORMATION CONTACT: Zev 

Primor at (202) 482–4114; AD/CVD 

Operations, Office 4, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW., Washington, DC 20230. 

SUPPLEMENTARY INFORMATION: 

Case History 

The Preliminary Results for this 

administrative review were published 

on May 23, 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. No interested 

party submitted a case or rebuttal brief. 

Verification 

The Department did not conduct 

verification in this new shipper review. 

Hearing 

No party requested a hearing for this 

new shipper review. 

Period of Review 

The period of review (‘‘POR’’) covers 

February 1, 2007, through July 31, 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 

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.1

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. 

Separate Rates 

In proceedings involving non–market 

(‘‘NME’’) countries, the Department 

begins with a rebuttable presumption 

that all companies within the country 

are subject to government control and, 

thus, should be assigned a single 

antidumping duty deposit rate. It is the 

Department’s policy to assign all 

exporters of merchandise subject to 

review in an NME country this single 

rate unless an exporter can demonstrate 

that it is sufficiently independent so as 

to be entitled to a separate rate. 

In the Preliminary Results, we found 

that Xingda demonstrated its eligibility 

for separate rate status. We received no 

comments from interested parties 

regarding Xingda’s separate rate status. 

In these final results of review, we 

continue to find that the evidence 

placed on the record of this review by 

Xingda demonstrates an absence of 

government control, both in law and in 

fact, with respect to Xingda’s exports of 

the merchandise under review. Thus, 

we have determined that Xingda is 

eligible to receive a separate rate. 

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. 

Combination Rate 

In new shipper reviews, the 

Department may, pursuant to 19 CFR 

351.107(b), establish a combination cash 

deposit rate for each combination of the 

exporter and its supplying producer(s). 

See Fresh Garlic from the People’s 

Republic of China: Final Results of 

Antidumping Duty New Shipper Review, 

67 FR 72139 at 72140 (December 4, 

2002), Notice of Final Results of 

Antidumping Duty New Shipper Review: 

Certain In–Shell Raw Pistachios from 

Iran, 68 FR 353 at 354 (January 3, 2003), 

and Certain Forged Stainless Steel 


dwashington3 on PRODPC61 with NOTICES
Federal Register / Vol. 73, No. 151 / Tuesday, August 5, 2008 / Notices 45403 

Flanges from India: Final Results of 

Antidumping Duty New Shipper Review, 

68 FR 351 (January 3, 2002). The 

Department has determined that a 

combination rate is appropriate in this 

case, as Xingda is both the producer and 

exporter of the subject merchandise. 

Therefore, the Department will include 

in its cash deposit instructions to CBP 

appropriate language to enforce these 

final results of new shipper review on 

the basis of a combination rate involving 

Xingda as both the producer and 

exporter of the subject merchandise. 

Final Results of Review 

The Department has determined that 

the following margin exists during the 

period February 1, 2007, through July 

31, 2007: 

Exporter/Manufacturer 

Weighted–Average 

Margin 

(Percentage) 

Dujiangyan Xingda 

Foodstuff Co., Ltd. .... 0.00 

Assessment Rates 

Pursuant to these final results, the 

Department determined, and U.S. 

Customs and Border Protection (‘‘CBP’’) 

shall assess, antidumping duties on all 

appropriate entries. The Department 

intends to issue assessment instructions 

for Xingda to CBP 15 days after the date 

of publication of these final results of 

new shipper review. Pursuant to 19 CFR 

351.212(b)(1), we calculated 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 (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 by Xingda 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 

produced and exported by Xingda, no 

cash deposit will be required; (2) for 

subject merchandise exported by 

Xingda, but not manufactured by 

Xingda, the cash deposit rate will 

continue to be the PRC–wide rate (i.e., 

198.63 percent); and (3) for subject 

merchandise manufactured by Xingda, 

but exported by any party other than 

Xingda, 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). 

Dated: July 29, 2008. 

David M. Spooner, 

Assistant Secretary for Import 

Administration. 

[FR Doc. E8–17969 Filed 8–4–08; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–201–836, A–570–914, A–580–859] 

Light–Walled Rectangular Pipe and 

Tube from Mexico, the People’s 

Republic of China, and the Republic of 

Korea: Antidumping Duty Orders; 

Light–Walled Rectangular Pipe and 

Tube from the Republic of Korea: 

Notice of Amended Final 

Determination of Sales at Less Than 

Fair Value 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: Based on affirmative final 

determinations by the Department of 

Commerce (the Department) and the 

International Trade Commission (the 

Commission), the Department is issuing 

antidumping duty orders on light–

walled rectangular pipe and tube from 

Mexico, the People’s Republic of China 

(the PRC), and the Republic of Korea 

(Korea). On July 28, 2008, the 

Commission notified the Department of 

its affirmative determination of material 

injury to a U.S. industry and its negative 

determination of critical circumstances. 

See Light–Walled Rectangular Pipe and 

Tube from China, Korea and Mexico 

(Investigation Nos. 731–TA–1118–1120 

(Final), USITC Publication 4024, July 

2008). 

EFFECTIVE DATE: August 5, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Patrick Edwards (Mexico), Jeffrey 

Pedersen (the PRC), or Mark Flessner 

(Korea), Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Avenue, NW, 

Washington, DC 20230; tel.: (202) 482–

8029, (202) 482–2769, or (202) 482–

6312, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On June 24, 2008, the Department 

published its final determinations of 

sales at less–than-fair–value in the 

antidumping duty investigations of 

light–walled rectangular pipe and tube 

from Korea, Mexico and the PRC. See 

Notice of Final Determination of Sales 

at Less Than Fair Value: Light–Walled 

Rectangular Pipe and Tube from the 

Republic of Korea, 73 FR 35655 (Korea 

Final Determination); Notice of Final 

Determination of Sales at Less Than 

Fair Value: Light–Walled Rectangular 

Pipe and Tube from Mexico, 73 FR 

35649; and Final Determination of Sales 

at Less Than Fair Value and Affirmative 

Determination of Critical 


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