Certain Preserved Mushrooms from the People's Republic of China: Notice of Partial Rescission of Antidumping Duty Administrative Review, 48911 [E6-13876]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 71, Number 162 (Tuesday, August 22, 2006)]
[Notices]
[Page 48911]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-13876]



[[Page 48911]]

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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 Partial Rescission of Antidumping Duty Administrative Review

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

EFFECTIVE DATE: August 22, 2006.

FOR FURTHER INFORMATION CONTACT: Brian Smith or Terre Keaton, AD/CVD 
Operations, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W., 
Washington, D.C. 20230; telephone: (202) 482-1766 or (202) 482-1280, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On February 1, 2006, the Department of Commerce (``the 
Department'') published in the Federal Register a notice of 
``Opportunity to Request Administrative Review'' of the antidumping 
duty order on certain preserved mushrooms from the People's Republic of 
China (``PRC'') covering the period February 1, 2005, through January 
31, 2006. See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative Review, 
71 FR 5239 (February 1, 2006). On February 27, 2006, Raoping CXF Foods 
(``Raoping CXF'') requested an administrative review of its sales. On 
February 28, 2006, the petitioner\1\ requested an administrative review 
of the antidumping duty order for, among others, Blue Field (Sichuan) 
Food Industrial Co., Ltd. (``Blue Field''), Raoping Yucun Canned Foods 
Factory (``Raoping Yucun''), and Shandong Jiufa Edible Fungus Co., Ltd. 
(``Jiufa'').\2\ On April 5, 2006, the Department published a notice of 
initiation of an administrative review of the antidumping duty order on 
certain preserved mushrooms from the PRC with respect to these 
companies. See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Deferral of Administrative Reviews, 71 FR 
17077, 17079 (April 5, 2006) (``Initiation Notice'').
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    \1\ The petitioner is the Coalition for Fair Preserved Mushroom 
Trade which includes the following companies: L.K. Bowman, Inc., 
Monterey Mushrooms, Inc., Mushroom Canning Company, and Sunny Dell 
Foods, Inc.
    \2\ The petitioner also requested a review for the following 
companies: China National Cereals, Oils & Foodstuffs Import & Export 
Corporation, China Processed Food Import & Export Company, COFCO 
(Zhangzhou) Food Industrial Co., Ltd., Gerber Food (Yunnan) Co., 
Ltd., Green Fresh Foods (Zhangzhou) Co., Ltd., Guangxi Eastwing 
Trading Co., Ltd., Guangxi Hengxian Pro-Light Foods, Inc., Guangxi 
Yulin Oriental Food Co., Ltd., Primera Harvest (Xiangfan) Co., Ltd., 
and Xiamen Jiahua Import & Export Trading Co., Ltd.
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    On April 26, 2006, Raoping CXF withdrew its request for review. In 
addition, in response to the Department's April 6, 2006, quantity and 
value questionnaire, Blue Field, Jiufa, and Raoping Yucun each stated 
that it had no exports, sales or entries of subject merchandise to the 
United States during the period of review (``POR'').\3\
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    \3\ See Blue Field's April 27, 2006, letter at page 1; Raoping 
Yucun's April 26, 2006, letter at page 1; and Jiufa's April 18, 
2006, letter at page 1.
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    On July 12, 2006, the Department placed on the record a list of 
manufacturers/exporters of the subject merchandise for which the 
Department initiated administrative reviews, and for which U.S. Customs 
and Border Protection (``CBP'') suspended liquidation of subject 
entries during the POR. See the July 12, 2006, memorandum from Brian 
Smith to the file entitled, ``2005-2006 Administrative Review of 
Certain Preserved Mushrooms from the PRC: CBP List of Exporters'' 
(``July 12, 2006, Memorandum'').
    On August 2, 2006, the Department stated that the information 
contained in the July 12, 2006, Memorandum corroborated Blue Field's, 
Jiufa's, and Raoping Yucun's no-shipment claims for the POR, and that 
it intended to rescind the administrative review with respect to these 
companies. See the August 2, 2006, memorandum from Brian Smith to the 
file entitled, ``Intent to Rescind in Part the Antidumping Duty 
Administrative Review on Certain Preserved Mushrooms from the PRC'' 
(``August 2, 2006, Memorandum''). The Department also provided parties 
in this review until August 9, 2006, to submit comments on the August 
2, 2006, Memorandum. On August 9, 2006, Jiufa stated that it did not 
oppose the Department's intention of rescinding this review with 
respect to Jiufa. No other parties submitted comments on the August 2, 
2006, Memorandum.

Partial Rescission of Review

    Section 351.213(d)(1) of the Department's regulations stipulates 
that the Secretary will rescind an administrative review, in whole or 
in part, if a party that requested a review withdraws the request 
within 90 days of the date of publication of notice of initiation of 
the requested review, unless the Secretary decides that it is 
reasonable to extend this time limit. In this case, Raoping CXF 
withdrew its request for review before the 90-day deadline. Because 
Raoping CXF was the only party to request the administrative review of 
itself, we are rescinding, in part, this review of the antidumping duty 
order on certain preserved mushrooms from the PRC with respect to 
Raoping CXF.
    Section 351.213(d)(3) of the Department's regulations states that 
the Secretary may rescind an administrative review, in whole or in 
part, with respect to a particular exporter or producer, if the 
Secretary concludes that, during the period covered by the review, 
there were no entries, exports, or sales of the subject merchandise. 
Therefore, we are also rescinding this review with respect to Blue 
Field, Jiufa, and Raoping Yucun because the record evidence indicates 
that these companies did not export subject merchandise to the United 
States during the POR.
    This review will continue with respect to the other companies 
listed in the Initiation Notice.

Assessment

    The Department will instruct CBP to assess antidumping duties on 
all appropriate entries. Antidumping duties for the rescinded 
companies, where applicable, shall be assessed at a rate equal to the 
cash deposit of estimated antidumping duties required at the time of 
entry, or withdrawal from warehouse, for consumption, in accordance 
with 19 CFR 351.212(c)(1)(i). The Department will issue appropriate 
assessment instructions directly to CBP within 15 days of publication 
of this notice.
    This notice is published in accordance with sections 751 and 
777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 
351.213(d)(4).

    Dated: August 17, 2006.
Gary Taverman,
Acting Deputy Assistant Secretaryfor Import Administration.
[FR Doc. E6-13876 Filed 8-21-06; 8:45 am]
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