Certain Preserved Mushrooms from the People's Republic of China: Notice of Second Amended Final Results of Administrative Review, 76772-76773 [E5-7982]
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Federal Register / Vol. 70, No. 248 / Wednesday, December 28, 2005 / Notices
of the relevant entries during this
review period. 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.
Notification Regarding APOs
This notice also serves as a reminder
to parties subject to administrative
protective orders (‘‘APOs’’) 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 notice is issued and published in
accordance with section 777(i) of the
Tariff Act of 1930, as amended, and 19
CFR 351.213(d)(4).
Dated: December 21, 2005.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E5–7978 Filed 12–27–05; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–851]
Certain Preserved Mushrooms from
the People’s Republic of China: Notice
of Second Amended Final Results of
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On October 17, 2005, the
Department of Commerce (the
‘‘Department’’) published the notice of
amended final results of the
antidumping duty administrative
review: certain preserved mushrooms
from the People’s Republic of China
(‘‘PRC’’), covering the period of review
(POR) February 1, 2003, through January
31, 2004. See Notice of Amended Final
Results of Antidumping Duty
Administrative Review: Certain
Preserved Mushrooms from the People’s
Republic of China, 70 FR 60280
(October 17, 2005) (‘‘Amended Final
Results’’).1 We are amending the final
wwhite on PROD1PC65 with NOTICES
AGENCY:
1 The Department did not address comments
pertaining to clerical error allegations relating to
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17:37 Dec 27, 2005
Jkt 208001
results of certain preserved mushrooms
from the PRC to correct ministerial
errors made in the calculations of the
dumping margins for China Processed
Food Import & Export Company and its
affiliates (collectively, ‘‘COFCO’’)
pursuant to section 751(h) of the Tariff
Act of 1930, as amended (the Act). See
Certain Preserved Mushrooms from the
People’s Republic of China: Final
Results and Final Rescission, In Part, of
Antidumping Duty Administrative
Review, 70 FR 54361 (September 14,
2005) (‘‘Final Results’’).
EFFECTIVE DATE: December 28, 2005.
FOR FURTHER INFORMATION CONTACT:
Joshua Pierce or Christopher Riker, 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) 482–0961 or (202) 482–
3441, respectively.
‘‘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.2
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.
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’’ 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.
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
Background
On September 14, 2005, the
Department published the final results
of this administrative review in the
Federal Register. See Final Results.
After analyzing all interested parties’
comments, we have determined, in
accordance with 19 CFR 351.224(e), that
ministerial errors existed in the
calculations for the Final Results, with
respect to COFCO. A ministerial error is
defined in Section 751(h) of the Act and
further clarified in 19 CFR 351.224(f) as
‘‘an error in addition, subtraction, or
other arithmetic function, clerical error
resulting from inaccurate copying,
duplication, or the like, and any other
similar type of unintentional error
which the Secretary considers
ministerial.’’ For a detailed discussion
of these ministerial errors, as well as the
Department’s analysis, see
memorandum from Christopher D. Riker
to James C. Doyle, Analysis of COFCO
Ministerial Error Allegations, dated
December 21, 2005, on file in the
Central Records Unit, room B–099 in the
main Department building.
Therefore, in accordance with Section
751(h) of the Act and 19 CFR 351.224(e),
we are amending the Final Results of the
administrative review of certain
preserved mushrooms from the PRC for
COFCO. The revised weighted–average
dumping margin is detailed in the chart
below. For the company–specific
calculation see memorandum from
COFCO’s margin in the Amended Final Results
because the U.S. Court of International Trade had
obtained jurisdiction of those results pursuant to
COFCO’s complaint. See China Processed Food
Import & Export Company v. United States, Court
No. 05-00515 (Complaint filed September 19, 2005);
see also, Zenith Elecs. Corp. v. United States, 884
F.2d 556, 561 (Fed. Cir. 1989). However, on
December 14, 2005, the Court granted leave to the
Department to make the necessary corrections to
COFCO’s margin. See China Processed Food Import
& Export Company v. United States, Court No. 0500515 (Order issued December 14, 2005).
2 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).
SUPPLEMENTARY INFORMATION:
Scope of Order
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Federal Register / Vol. 70, No. 248 / Wednesday, December 28, 2005 / Notices
administrative review of these
companies.
EFFECTIVE DATE: December 28, 2005.
FOR FURTHER INFORMATION CONTACT:
Angelica Mendoza or Patrick Edwards,
AD/CVD Operations, Office 7, Import
Exporter
Percent
Administration, U.S. Department of
COFCO .........................
2.67 Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–3019 and (202)
The Department shall determine, and
482–8029, respectively.
U.S. Customs and Border Protection
shall assess, antidumping duties on all
SUPPLEMENTARY INFORMATION:
appropriate entries based on the
Background
amended final results. For details on the
On August 3, 1995, the Department
assessment of antidumping duties on all
published an antidumping duty order
appropriate entries, see Final Results.
on seamless line and pressure pipe from
These amended final results are
Germany. See Notice of Antidumping
published in accordance with sections
Duty Order and Amended Final
751(h) and 777(I)(1) of the Act.
Determination of Sales at Less than Fair
Dated: December 21, 2005.
Value: Small Diameter Seamless Carbon
Joseph A. Spetrini,
and Alloy Steel Standard, Line and
Acting Assistant Secretary for Import
Pressure Pipe from Germany, 60 FR
Administration.
39704 (August 3, 1995).
[FR Doc. E5–7982 Filed 12–27–05; 8:45 am]
On August 1, 2005, the Department
BILLING CODE 3510–DS–S
published in the Federal Register a
notice of opportunity to request an
administrative review of the
DEPARTMENT OF COMMERCE
antidumping duty order covering
seamless line and pressure pipe from
International Trade Administration
Germany. See Antidumping or
Countervailing Duty Order, Finding, or
[A–428–820]
Suspended Investigation: Opportunity
to Request Administrative Review, 70
Rescission of Antidumping Duty
Administrative Review: Small Diameter FR 44085 (August 1, 2005). On August
31, 2005, the Department received a
Seamless Carbon and Alloy Steel
Standard, Line and Pressure Pipe from timely filed request for an
administrative review of the
Germany
antidumping duty order on seamless
AGENCY: Import Administration,
line and pressure pipe from Germany
International Trade Administration,
with respect to VMD, Mannesmann,
Department of Commerce.
Benteler Stahl, and Benteler Tube from
SUMMARY: In response to a request by
US Steel, a domestic producer of the
United States Steel Corporation (‘‘US
subject merchandise. On September 28,
Steel’’), petitioner in this review, the
2005, in accordance with section 751(a)
U.S. Department of Commerce (‘‘the
of the Tariff Act of 1930, as amended
Department’’) initiated an
(‘‘the Act’’), the Department published a
administrative review of the
notice of initiation of the administrative
antidumping duty order on small
review of VMD, Mannesmann, Benteler
diameter seamless carbon and alloy
Stahl and Benteler Tube, covering the
steel standard, line and pressure pipe
period August 1, 2004, through July 31,
(‘‘seamless line and pressure pipe’’)
2005. Initiation of Antidumping and
from Germany with respect to Vallourec Countervailing Duty Administrative
& Mannesmann Tubes - V&M
Reviews and Requests for Revocation in
Deutschland GmbH (‘‘VMD’’),
Part, 70 FR 56631 (September 28, 2005).
Mannesmann Pipe & Steel Corporation
On October 6, 2005, the Department
(‘‘Mannesmann’’), Benteler Stahl/Rohr
released the antidumping duty
GmbH (‘‘Benteler Stahl’’), and Benteler
questionnaire to VMD, Mannesmann,
Steel and Tube Corporation (‘‘Benteler
Benteler Stahl, and Benteler Tube. On
Tube’’) (collectively, ‘‘respondents’’). No December 13, 2005, the petitioner
other interested party requested a
withdrew its request in a timely manner
review. The period of review (‘‘POR’’) is for an administrative review of the four
August 1, 2004, through July 31, 2005.
named respondents. No other party
On December 13, 2005, US Steel
requested a review.
withdrew its request for an
Scope of the Order
administrative review of the four
respondents. Accordingly, the
The products covered by the order are
Department is now rescinding the
seamless pipes produced to the ASTM
wwhite on PROD1PC65 with NOTICES
Christopher D. Riker to the File,
Analysis for the Second Amended Final
Results of Certain Preserved Mushrooms
from the People’s Republic of China:
COFCO, dated December 21, 2005.
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17:37 Dec 27, 2005
Jkt 208001
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Frm 00039
Fmt 4703
Sfmt 4703
76773
A–335, ASTM A–106, ASTM A–53 and
API 5L specifications and meeting the
physical parameters described below,
regardless of application. The scope of
this order also includes all products
used in standard, line, or pressure pipe
applications and meeting the physical
parameters below, regardless of
specification. For purposes of this order,
seamless pipes are seamless carbon and
alloy (other than stainless) steel pipes,
of circular cross-section, not more than
114.3 mm (4.5 inches) in outside
diameter, regardless of wall thickness,
manufacturing process (hot–finished or
cold–drawn), end finish (plain end,
beveled end, upset end, threaded, or
threaded and coupled), or surface finish.
These pipes are commonly known as
standard pipe, line pipe or pressure
pipe, depending upon the application.
They may also be used in structural
applications. Pipes produced in non–
standard wall thickness are commonly
referred to as tubes.
The seamless pipes subject to this
antidumping duty order are currently
classifiable under subheadings
7304.10.10.20, 7304.10.50.20,
7304.31.60.50, 7304.39.00.16,
7304.39.00.20, 7304.39.00.24,
7304.39.00.28, 7304.39.00.32,
7304.51.50.05, 7304.51.50.60,
7304.59.60.00, 7304.59.80.10,
7304.59.80.15, 7304.59.80.20, and
7304.59.80.25 of the Harmonized Tariff
Schedule of the United States
(‘‘HTSUS’’). The following information
further defines the scope of this order,
which covers pipes meeting the
physical parameters described above.
Specifications, Characteristics and
Uses: Seamless pressure pipes are
intended for the conveyance of water,
steam, petrochemicals, chemicals, oil
products, natural gas, and other liquids
and gasses in industrial piping systems.
They may carry these substances at
elevated pressures and temperatures
and may be subject to the application of
external heat. Seamless carbon steel
pressure pipe meeting the ASTM
standard A–106 may be used in
temperatures of up to 1000 degrees
Fahrenheit, at various American Society
of Mechanical Engineers (‘‘ASME’’)
code stress levels. Alloy pipes made to
ASTM standard A–335 must be used if
temperatures and stress levels exceed
those allowed for A–106 and the ASME
codes. Seamless pressure pipes sold in
the United States are commonly
produced to the ASTM A–106 standard.
Seamless standard pipes are most
commonly produced to the ASTM A–53
specification and generally are not
intended for high temperature service.
They are intended for the low
temperature and pressure conveyance of
E:\FR\FM\28DEN1.SGM
28DEN1
]]>Agencies
[Federal Register Volume 70, Number 248 (Wednesday, December 28, 2005)]
[Notices]
[Pages 76772-76773]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-7982]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-851]
Certain Preserved Mushrooms from the People's Republic of China:
Notice of Second Amended Final Results of Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On October 17, 2005, the Department of Commerce (the
``Department'') published the notice of amended final results of the
antidumping duty administrative review: certain preserved mushrooms
from the People's Republic of China (``PRC''), covering the period of
review (POR) February 1, 2003, through January 31, 2004. See Notice of
Amended Final Results of Antidumping Duty Administrative Review:
Certain Preserved Mushrooms from the People's Republic of China, 70 FR
60280 (October 17, 2005) (``Amended Final Results'').\1\ We are
amending the final results of certain preserved mushrooms from the PRC
to correct ministerial errors made in the calculations of the dumping
margins for China Processed Food Import & Export Company and its
affiliates (collectively, ``COFCO'') pursuant to section 751(h) of the
Tariff Act of 1930, as amended (the Act). See Certain Preserved
Mushrooms from the People's Republic of China: Final Results and Final
Rescission, In Part, of Antidumping Duty Administrative Review, 70 FR
54361 (September 14, 2005) (``Final Results'').
---------------------------------------------------------------------------
\1\ The Department did not address comments pertaining to
clerical error allegations relating to COFCO's margin in the Amended
Final Results because the U.S. Court of International Trade had
obtained jurisdiction of those results pursuant to COFCO's
complaint. See China Processed Food Import & Export Company v.
United States, Court No. 05-00515 (Complaint filed September 19,
2005); see also, Zenith Elecs. Corp. v. United States, 884 F.2d 556,
561 (Fed. Cir. 1989). However, on December 14, 2005, the Court
granted leave to the Department to make the necessary corrections to
COFCO's margin. See China Processed Food Import & Export Company v.
United States, Court No. 05-00515 (Order issued December 14, 2005).
---------------------------------------------------------------------------
EFFECTIVE DATE: December 28, 2005.
FOR FURTHER INFORMATION CONTACT: Joshua Pierce or Christopher Riker,
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) 482-0961
or (202) 482-3441, respectively.
SUPPLEMENTARY INFORMATION:
Scope of 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'' 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. 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.\2\
---------------------------------------------------------------------------
\2\ 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.
Background
On September 14, 2005, the Department published the final results
of this administrative review in the Federal Register. See Final
Results.
After analyzing all interested parties' comments, we have
determined, in accordance with 19 CFR 351.224(e), that ministerial
errors existed in the calculations for the Final Results, with respect
to COFCO. A ministerial error is defined in Section 751(h) of the Act
and further clarified in 19 CFR 351.224(f) as ``an error in addition,
subtraction, or other arithmetic function, clerical error resulting
from inaccurate copying, duplication, or the like, and any other
similar type of unintentional error which the Secretary considers
ministerial.'' For a detailed discussion of these ministerial errors,
as well as the Department's analysis, see memorandum from Christopher
D. Riker to James C. Doyle, Analysis of COFCO Ministerial Error
Allegations, dated December 21, 2005, on file in the Central Records
Unit, room B-099 in the main Department building.
Therefore, in accordance with Section 751(h) of the Act and 19 CFR
351.224(e), we are amending the Final Results of the administrative
review of certain preserved mushrooms from the PRC for COFCO. The
revised weighted-average dumping margin is detailed in the chart below.
For the company-specific calculation see memorandum from
[[Page 76773]]
Christopher D. Riker to the File, Analysis for the Second Amended Final
Results of Certain Preserved Mushrooms from the People's Republic of
China: COFCO, dated December 21, 2005.
------------------------------------------------------------------------
Exporter Percent
------------------------------------------------------------------------
COFCO............................................... 2.67
------------------------------------------------------------------------
The Department shall determine, and U.S. Customs and Border
Protection shall assess, antidumping duties on all appropriate entries
based on the amended final results. For details on the assessment of
antidumping duties on all appropriate entries, see Final Results.
These amended final results are published in accordance with
sections 751(h) and 777(I)(1) of the Act.
Dated: December 21, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-7982 Filed 12-27-05; 8:45 am]
BILLING CODE 3510-DS-S
