Certain Preserved Mushrooms from the People's Republic of China: Notice of Second Amended Final Results of Administrative Review, 76772-76773 [E5-7982]

Download as PDF 76772 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 VerDate Aug<31>2005 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 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\28DEN1.SGM 28DEN1 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. VerDate Aug<31>2005 17:37 Dec 27, 2005 Jkt 208001 PO 00000 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]


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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).

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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