28882 Federal Register / Vol. 74, No. 116 / Thursday, June 18, 2009 / 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). 

Dated: June 11, 2009. 

Pearlie Reed, 

Assistant Secretary of Administration. 

[FR Doc. E9–14320 Filed 6–17–09; 8:45 am] 

BILLING CODE 3410–11–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

(A–570–851) 

Certain Preserved Mushrooms from 

the People’s Republic of China: Final 

Results of Antidumping Duty New 

Shipper Reviews 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On April 1, 2009, the 

Department of Commerce (the 

Department) published in the Federal 

Register the preliminary results of these 

new shipper reviews of the antidumping 

duty order on certain preserved 

mushrooms from the People’s Republic 

of China (PRC) for Zhangzhou 

Gangchang Canned Foods Co., Ltd., 

Fujian (Zhangzhou Gangchang) and 

Zhejiang Iceman Group Co., Ltd. 

(Zhejiang Iceman). See Certain 

Preserved Mushrooms From the People’s 

Republic of China: Preliminary Results 

of Antidumping Duty New Shipper 

Reviews, 74 FR 14772 (April 1, 2009) 

(Preliminary Results). We gave 

interested parties an opportunity to 

comment on the Preliminary Results, 

and received no comments. We also 

made no changes to the Preliminary 

Results. Therefore, the final results do 

not differ from the Preliminary Results. 

EFFECTIVE DATE: June 18, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Tyler Weinhold, Fred Baker, or Robert 

James, AD/CVD Operations, Office 7, 

Import Administration, International 

Trade Administration, U.S. Department 

of Commerce, 14th Street and 

Constitution Avenue, NW, Washington, 

DC 20230; telephone (202) 482–1121, 

(202) 482–2924 or (202) 482–0649, 

respectively. 

SUPPLEMENTARY INFORMATION: We 

published the Preliminary Results for 

these new shipper reviews on April 1, 

2009. 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 due date for filing case 

briefs. See Preliminary Results at 14778. 

No interested party submitted a case or 

rebuttal brief. 

Period of Review 

The period of review (POR) is 

February 1, 2008, through July 31, 2008. 

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 the order is dispositive. 

Separate Rates 

In proceedings involving non–market 

economy (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, the 

Department announced its 

determination that Zhangzhou 

Gangchang and Zhejiang Iceman had 

demonstrated their eligibility for 

separate rate status. We received no 

comments from interested parties 

regarding this determination. In these 

final results of review, we continue to 

find the evidence placed on the record 

by Zhangzhou Gangchang and Zhejiang 

Iceman demonstrates an absence of 

government control, both in law and in 

fact, with respect to their exports of the 

merchandise under review. Thus, we 

have determined that Zhangzhou 

Gangchang and Zhejiang Iceman are 

eligible to receive separate rates. 

Changes Since the Preliminary Results 

We made no changes to the 

Preliminary Results. 

Final Results of Review 

The Department has determined that 

the following margins exist for the 

period February 1, 2008, through July 

31, 2008: 

Exporter/Manufacturer 

Weighted– 

Average 

Margin 

(Percentage) 

Zhangzhou Gangchang Canned 

Foods Co., Ltd., Fujian ........... 0.00 

Zhejiang Iceman Group Co., Ltd. 0.00 

Assessment Rates 

Pursuant to these final results, the 

Department determined, and CBP shall 

assess, antidumping duties on all 

appropriate entries. The Department 

intends to issue assessment instructions 

for Zhangzhou Gangchang and Zhejiang 

Iceman to CBP 15 days after the date of 

publication of these final results of new 

shipper reviews. 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 these 

reviews if any importer–specific (or 

customer) assessment rate calculated in 

Federal Register / Vol. 74, No. 116 / Thursday, June 18, 2009 / Notices 28883 

1Prior to the reorganization effective April 1, 

2008, Ternium was a holding company and did not 

have any production or sales operations. See 

Ternium’s Initial Submission at page 2. 

the final results of these reviews are 

above de minimis. 

Cash Deposit Requirements 

The following cash deposit 

requirements will be effective upon 

publication of these final results of new 

shipper reviews for all shipments of 

subject merchandise by Zhangzhou 

Gangchang and Zhejiang Iceman, 

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 Tariff Act): (1) for subject 

merchandise produced and exported by 

Zhangzhou Gangchang or produced and 

exported by Zhejiang Iceman, the cash 

deposit rate will be zero; (2) for subject 

merchandise exported by Zhangzhou 

Gangchang or Zhejiang Iceman, but not 

manufactured by Zhangzhou Gangchang 

and Zhejiang Iceman, respectively, the 

cash deposit rate will continue to be the 

PRC–wide rate (i.e., 198.63 percent); 

and (3) for subject merchandise 

manufactured by Zhangzhou Gangchang 

and Zhejiang Iceman, but exported by 

any party other than Zhangzhou 

Gangchang and Zhejiang Iceman, 

respectively, 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. 

These new shipper reviews and notice 

are in accordance with sections 

751(a)(2)(B) and 777(i)(1) of the Tariff 

Act and 19 CFR 351.214(h). 

Dated: June 11, 2009. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration. 

[FR Doc. E9–14362 Filed 6–17–09; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

A–201–805 

Preliminary Results of Antidumping 

Duty Changed Circumstances Review: 

Certain Circular Welded Non–Alloy 

Steel Pipe and Tube From Mexico 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On October 27, 2008, the 

Department of Commerce (the 

Department) published in the Federal 

Register a notice of initiation of a 

changed circumstances review of the 

antidumping duty order on certain 

circular welded non–alloy steel pipe 

and tube (standard pipe and tube) from 

Mexico in order to determine whether 

Ternium Mexico, S.A. de C.V. 

(Ternium) is the successor–in-interest to 

Hylsa S.A. de C.V. (Hylsa) for purposes 

of determining antidumping duty 

liability. See Notice of Initiation of 

Antidumping Duty Changed 

Circumstances Review: Circular Welded 

Non–Alloy Steel Pipe and Tube, 73 FR 

63682 (October 27, 2008) (Notice of 

Initiation). We have preliminarily 

determined that Ternium is the 

successor–in-interest to Hylsa for 

purposes of determining antidumping 

duty liability in this proceeding. 

Interested parties are invited to 

comment on these preliminary results. 

EFFECTIVE DATE: June 18, 2009. 

FOR FURTHER INFORMATION CONTACT: John 

Drury or Brian Davis, AD/CVD 

Operations, Office 7, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW, Washington, DC 20230; 

telephone: (202) 482–0195 or (202) 482– 

7924, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

The Department published an 

antidumping duty order on standard 

pipe and tube from Mexico on 

November 2, 1992. See Notice of 

Antidumping Duty Orders: Certain 

Circular Welded Non–Alloy Steel Pipe 

from Brazil, the Republic of Korea 

(Korea), Mexico, and Venezuela, and 

Amendment to Final Determination of 

Sales at Less Than Fair Value: Certain 

Circular Welded Non–Alloy Steel Pipe 

from Korea, 57 FR 49453 (November 2, 

1992). 

On September 3, 2008, Ternium filed 

a request for a changed circumstances 

review of the antidumping duty order 

on standard pipe and tube from Mexico 

(Initial Submission) claiming that Hylsa, 

a Mexican producer of standard pipe 

and tube, changed its name to Ternium. 

Ternium requested that the Department 

determine whether it is the successor– 

in-interest to Hylsa, in accordance with 

section 751(b) of the Tariff Act of 1930, 

as amended (the Act), and 19 CFR 

351.216. In its request, Ternium 

indicated that effective April 1, 2008, 

the production and sales operations of 

Hylsa were transferred to Ternium (the 

transfer).1 In response to this request the 

Department initiated a changed 

circumstances review of the 

antidumping duty order on standard 

pipe and tube from Mexico. See Notice 

of Initiation. 

On September 17, 2008, Allied Tube 

and Conduit (petitioner) filed a response 

to Ternium’s Initial Submission and on 

September 29, 2008, Ternium 

responded to petitioner’s September 17, 

2008, filing (September 29, 2008, 

submission). On November 13, 2008, the 

Department issued a questionnaire to 

Ternium requesting additional 

information regarding Ternium’s 

successor–in-interest changed 

circumstances review request. On 

December 9, 2008, Ternium submitted 

its response to the Department’s 

questionnaire (SQR). On January 16, 

2009, the Department issued a second 

supplemental questionnaire and on 

February 9, 2009, Ternium submitted its 

response (SSQR). On April 8, 2009, the 

Department issued a third supplemental 

questionnaire, and on April 22, 2009, 

Ternium submitted its response 

(SSSQR). In our Notice of Initiation, we 

invited interested parties to comment. 

We did not receive any comments other 

than those made by petitioner on 

September 17, 2008. 

Scope of the Order 

The products covered by this order 

are circular welded non–alloy steel 

pipes and tubes, of circular cross– 

section, not more than 406.4 millimeters 

(16 inches) in outside diameter, 

regardless of wall thickness, surface 

finish (black, galvanized, or painted), or