Certain Preserved Mushrooms from the People's Republic of China: Final Results of the Antidumping Duty New Shipper Review, 66910-66912 [E6-19471]

Download as PDF 66910 Federal Register / Vol. 71, No. 222 / Friday, November 17, 2006 / Notices jlentini on PROD1PC65 with NOTICES age, disability, marital status or political affiliation. Discrimination on these bases is prohibited by one or more of the following statutes: 5 U.S.C. 2302(b) (1), 29 U.S.C. 206(d), 29 U.S.C. 631, 29 U.S.C. 633a, 29 U.S.C. 791 and 42 U.S.C. 2000e-16. If you believe that you have been the victim of unlawful discrimination on the basis of race, color, religion, sex, national origin or disability, you must contact an Equal Employment Opportunity (EEO) counselor within 45 calendar days of the alleged discriminatory action, or, in the case of a personnel action, within 45 calendar days of the effective date of the action, before you can file a formal complaint of discrimination with your agency. See, e.g., 29 CFR 1614. If you believe that you have been the victim of unlawful discrimination on the basis of age, you must either contact an EEO counselor as noted above or give the Equal Employment Opportunity Commission (EEOC) notice of intent to sue within 180 days of the alleged discriminatory action. If you are alleging discrimination based on marital status or political affiliation, you may file a written complaint with the U.S. Office of Special Counsel (OSC). In the alternative (or in some cases, in addition), you may pursue a discrimination complaint by filing a grievance through the agency’s administrative or negotiated grievance procedures, if such procedures apply and are available. Whistleblower Protection Laws A Federal employee with authority to take, direct others to take, recommend or approve any personnel action must not use that authority to take or fail to take, or threaten to take or fail to take, a personnel action against an employee or applicant because of disclosure of information by that individual that is reasonably believed to evidence violations of law, rule or regulation; gross mismanagement; gross waste of funds; an abuse of authority; or a substantial and specific danger to public health or safety, unless disclosure of such information is specifically prohibited by law and such information is specifically required by Executive order to be kept secret in the interest of national defense or the conduct of foreign affairs. Retaliation against an employee or applicant for making a protected disclosure is prohibited by 5 U.S.C. 2302(b)(8). If you believe that you have been the victim of whistleblower retaliation, you may file a written complaint (Form OSC–11) with the U.S. Office of Special Counsel at 1730 M VerDate Aug<31>2005 16:31 Nov 16, 2006 Jkt 211001 Street, NW., Suite 218, Washington, DC 20036–4505 or online through the OSC Web site-http://www.osc.gov. DEPARTMENT OF COMMERCE Retaliation for Engaging in Protected Activity (A–570–851) A Federal agency cannot retaliate against an employee or applicant because that individual exercises his or her rights under any of the Federal antidiscrimination or whistleblower protections laws listed above. If you believe that you are the victim of retaliation for engaging in protected activity, you must follow, as appropriate, the procedures described in the Antidiscrimination Laws and Whistleblower Protection Laws sections or, if applicable, the administrative or negotiated grievance procedures in order to pursue any legal remedy. Disciplinary Actions Under existing laws, each agency retains the right, where appropriate, to discipline a Federal employee for conduct that is inconsistent with federal antidiscrimination and whistleblower protection laws, up to and including removal. If OSC has initiated an investigation under 5 U.S.C. 1214, however, according to 5 U.S.C. 1214(f), agencies must seek approval from the Special Counsel to discipline employees for, among other activities, engaging in prohibited retaliation. Nothing in the No FEAR Act alters existing laws or permits an agency to take unfounded disciplinary action against a Federal employee or to violate the procedural rights of a Federal employee who has been accused of discrimination. Existing Rights Unchanged Pursuant to section 205 of the No FEAR Act, the Act and this notice does not create, expand or reduce any rights otherwise available to any employee, former employee or applicant under the laws of the United States, including the provisions of law specified in 5 U.S.C. 2302(d). Dated: November 14, 2006. Suzan J. Aramaki, Director, Office of Civil Rights, U.S. Department of Commerce. [FR Doc. E6–19490 Filed 11–16–06; 8:45 am] BILLING CODE 3510–22–P PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 International Trade Administration Certain Preserved Mushrooms from the People’s Republic of China: Final Results of the Antidumping Duty New Shipper Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On July 7, 2006, the Department of Commerce (‘‘the 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 Guangxi Eastwing Trading Co., Ltd. (‘‘Eastwing’’). See Certain Preserved Mushrooms from the People’s Republic of China: Preliminary Results of the Antidumping Duty New Shipper Review, 71 FR 38617 (July 7, 2006) (‘‘Preliminary Results’’). We gave interested parties an opportunity to comment on the Preliminary Results. Although no party submitted a case brief, additional surrogate value information has been placed on the record subsequent to the Preliminary Results by both Eastwing and the Department. Based on our analysis of the surrogate value information, we made changes to the antidumping duty margin calculations for the final results. We continue to find that Eastwing sold subject merchandise at less than normal value during the period of review (‘‘POR’’) February 1, 2005, through August 15, 2005. EFFECTIVE DATE: November 17, 2006. FOR FURTHER INFORMATION CONTACT: Matthew Renkey, 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) 482–2312. SUPPLEMENTARY INFORMATION: AGENCY: Case History Subsequent to the Preliminary Results, on July 27, 2006, Eastwing timely submitted publicly available surrogate value information for the Department to consider in valuing the factors of production. Eastwing did not file a case brief. On September 11, 2006, the Department sent Eastwing a letter asking it to clarify certain information contained in its July 27, 2006, filing, and also placed on the record for comment additional surrogate value information. On September 21, 2006, E:\FR\FM\17NON1.SGM 17NON1 Federal Register / Vol. 71, No. 222 / Friday, November 17, 2006 / Notices Eastwing submitted a timely response and comments in reply to the Department’s September 11, 2006, letter. On September 28, 2006, the Department published in the Federal Register a notice extending the deadline for the final results. See Certain Preserved Mushrooms from the People’s Republic of China: Extension of Time Limit for Final Results of the 2005 Antidumping Duty New Shipper Review, 71 FR 56954 (September 28, 2006). Also on September 28, 2006, the Department placed on the record additional surrogate value information for consideration in valuing the factors of production. Eastwing did not comment on this information. Scope of the Order jlentini on PROD1PC65 with NOTICES 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.1 1 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, 39C F.3d 1378 (Fed. Cir. 2005). VerDate Aug<31>2005 16:31 Nov 16, 2006 Jkt 211001 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. Changes Since the Preliminary Results Based on surrogate value comments received from Eastwing and information placed on the record by the Department subsequent to our Preliminary Results, we have made revisions to the margin calculation for the final results. Specifically, we have selected new surrogate values for the manure and straw factors of production because the manure and straw corresponding to these new surrogate values better match the inputs used in the production of the subject merchandise. We have also selected new information to use in calculating the financial ratios for factory overhead, selling, general and administrative expenses, and profit. The new financial information, unlike the data used in the Preliminary Results, is contemporaneous with the POR and offers a broader representation of the industry. See Memorandum from Matthew Renkey, Senior Analyst, through Alex Villanueva, Program Manager, Office 9, to the File; New Shipper Review of Certain Preserved Mushrooms from the People’s Republic of China: Surrogate Values for the Final Results, dated November 9, 2006 (‘‘Final Surrogate Values Memo’’). Our calculation incorporating the new surrogate value data can be found in the Memorandum from Matthew Renkey, Senior Analyst, through Alex Villanueva, Program Manager, Office 9, to the File; Analysis for the Final Results of the New Shipper Review of Certain Preserved Mushrooms from the Peoples’ Republic of China: Guangxi Eastwing Trading Co., Ltd. (‘‘Final Analysis Memo’’). Lastly, for the Preliminary Results, we inadvertently did not multiply the freight distance and surrogate value by the corresponding factor usage ratio; we have corrected this clerical error in the freight calculation for these final results. Id. Final Results of Review We find that the following margin exists during the period February 1, 2005, through August 15, 2005: PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 Exporter/Manufacturer Guangxi Eastwing Trading Co., Ltd./Raoping CXF Foods, Inc. ........................................ 66911 Weighted— Average Margin (Percent) 4.31 Assessment Rates The Department will issue appropriate appraisement instructions directly to U.S. Customs and Border Protection (‘‘CBP’’) for Eastwing within 15 days of publication of the final results of this review. Pursuant to 19 CFR 351.212(b)(1), we will calculate importer—specific 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 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 results of the new shipper review for all shipments of subject merchandise from Eastwing entered, or withdrawn from warehouse, for consumption on or after the publication date: (1) For subject merchandise manufactured by Raoping CXF Foods, Inc. (‘‘CXF’’) and exported by Eastwing, the cash deposit rate will be the rate shown above; (2) for subject merchandise exported by Eastwing but not manufactured by CXF, the cash deposit rate will continue to be the PRC—wide rate (i.e., 198.63 percent); and (3) for subject merchandise produced by CXF but not exported by Eastwing, the cash deposit rate will be the rate applicable to the exporter. These requirements will remain in effect until publication of the final results of the next administrative review. 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. E:\FR\FM\17NON1.SGM 17NON1 66912 Federal Register / Vol. 71, No. 222 / Friday, November 17, 2006 / Notices 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)(1), 751(a)(2)(B), and 777(i) of the Act and 19 CFR 351.214(h). Dated: November 9, 2006. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E6–19471 Filed 11–16–06; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 101906B] Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Conducting Oil and Gas Exploration Activities in the Arctic Ocean off Alaska National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of Intent to prepare a Programmatic Environmental Impact Statement; request for comments. jlentini on PROD1PC65 with NOTICES AGENCY: SUMMARY: NMFS and the Minerals Management Service (MMS) announce their intention to prepare a Programmatic Environmental Impact Statement (PEIS) pursuant to the National Environmental Policy Act of 1969 (NEPA). This PEIS is being prepared to assess the impacts of MMS’ annual authorizations under the Outer Continental Shelf Lands Act (OCSLA) to the U.S. oil and gas industry to conduct offshore geophysical seismic surveys in the Chukchi and Beaufort seas off Alaska, and NMFS’ authorizations under the Marine Mammal Protection Act (MMPA) to incidentally harass marine mammals while conducting those surveys. Publication of this notice begins the official scoping period that VerDate Aug<31>2005 16:31 Nov 16, 2006 Jkt 211001 will help clarify previously identified issues and alternatives to be considered in the PEIS. The NMFS and MMS will consider comments received in response to this notice in determining the scope of the PEIS. The public will have additional opportunities to comment on the draft PEIS and any applications received under the MMPA as part of this action. DATES: Written comments and information must be received no later than December 18, 2006. ADDRESSES: Comments on the contents of the Draft PEIS should be addressed to Mr. P. Michael Payne, Chief of the Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910–3225. The mailbox address for providing email comments is PR1.101906B@noaa.gov. Comments sent via e-mail, including all attachments, must not exceed a 10–megabyte file size. A copy of MMS’ Programmatic Environmental Assessment (PEA) for seismic survey operations in Arctic Alaska waters for the 2006 open water season is available on-line at:http:// www.mms.gov/alaska/ref/pealbe.htm. FOR FURTHER INFORMATION CONTACT: Kenneth R. Hollingshead, NMFS, 301– 713–2289, ext 128 or Jill Lewandowski, MMS at 703–787–1703 SUPPLEMENTARY INFORMATION: Background In 2006, the MMS prepared a Draft PEA for the 2006 Arctic Outer Continental Shelf (OCS) Seismic Surveys. The MMS assumed in this PEA that up to eight marine seismic surveys (4 each in the Chukchi and Beaufort seas) were likely to occur in 2006 in the Arctic Ocean. NMFS was a cooperating agency in the preparation of the MMS Draft and Final PEAs and made the Draft PEA available upon request (e.g., 71 FR 26055, May 3, 2006). A Final PEA was published and released on June 20, 2006. In accordance with NOAA Administrative Order 216–6 (Environmental Review Procedures for Implementing the National Environmental Policy Act, May 20, 1999), NMFS subsequently determined that the MMS Final PEA contained an in-depth and detailed description of the affected environment, a reasonable range of alternatives to the proposed action, mitigation and monitoring measures to reduce impacts on the human environment to non-significant levels, and an analysis of the potential effects of the action and alternatives on the human environment. In view of the information and the analyses contained PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 in the supporting Final PEA, on June 28, 2006, NMFS adopted the Final PEA, issued its own Finding of No Significant Impact (FONSI) and determined that issuance of Incidental Harassment Authorizations (IHAs), under section 101(a)(5)(D) of the MMPA, to oil-and-gas companies for conducting seismic surveys in 2006 in the Arctic Ocean would have a negligible impact on affected marine mammal stocks and not have an unmitigable adverse impact on the availability of such species or stocks for taking for subsistence uses of marine mammals. This FONSI determination was predicated on full implementation of standard mitigation measures for preventing injury or mortality to marine mammals, in addition to area-specific mitigation measures, which included but were not limited to: (1) a 120–dB rms (root-mean-squared) monitored safety zone for fall migrating cow/calf pairs of bowhead whales in the Beaufort and Chukchi seas; (2) a 160–dB rms monitored safety zone for aggregations of feeding bowhead and gray whales in the Beaufort and Chukchi seas; (3) a 180–dB rms exclusion zone for all cetaceans and a 190–dB rms exclusion zone for pinnipeds except the walrus; (4) seismic shut-down criteria to protect bowhead and/or gray whales, under specific circumstances, when inside the 120–dB or 160–dB monitoring-safety zones; and for all cetaceans within the 180–dB zone and all pinnipeds, except walrus, within the 190–dB zone); and, (5) a joint industry cooperative program on marine mammal research in the Chukchi Sea. These mitigation measures were incorporated into NMFS’ Selected Alternative and IHA conditions for the 2006 seismic survey operations. Accordingly, NMFS adopted MMS’ Final PEA and determined that the preparation of an EIS for this action was not necessary. Notice of Intent During the public comment period on MMS’ Draft PEA, several comments were received recommending preparation of a Draft EIS under NEPA for this action. While preparation of an EIS on this action was considered, NMFS and MMS determined that the goals and objectives of NEPA could be met, given the level of proposed activities for 2006, by completing a Final PEA and implementing a mitigated FONSI for 2006 that would ensure that all authorized activities would not have a significant effect on E:\FR\FM\17NON1.SGM 17NON1

Agencies

[Federal Register Volume 71, Number 222 (Friday, November 17, 2006)]
[Notices]
[Pages 66910-66912]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-19471]


-----------------------------------------------------------------------

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 July 7, 2006, the Department of Commerce (``the 
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 
Guangxi Eastwing Trading Co., Ltd. (``Eastwing''). See Certain 
Preserved Mushrooms from the People's Republic of China: Preliminary 
Results of the Antidumping Duty New Shipper Review, 71 FR 38617 (July 
7, 2006) (``Preliminary Results''). We gave interested parties an 
opportunity to comment on the Preliminary Results. Although no party 
submitted a case brief, additional surrogate value information has been 
placed on the record subsequent to the Preliminary Results by both 
Eastwing and the Department. Based on our analysis of the surrogate 
value information, we made changes to the antidumping duty margin 
calculations for the final results. We continue to find that Eastwing 
sold subject merchandise at less than normal value during the period of 
review (``POR'') February 1, 2005, through August 15, 2005.

EFFECTIVE DATE:  November 17, 2006.

FOR FURTHER INFORMATION CONTACT: Matthew Renkey, 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) 482-2312.

SUPPLEMENTARY INFORMATION:

Case History

    Subsequent to the Preliminary Results, on July 27, 2006, Eastwing 
timely submitted publicly available surrogate value information for the 
Department to consider in valuing the factors of production. Eastwing 
did not file a case brief. On September 11, 2006, the Department sent 
Eastwing a letter asking it to clarify certain information contained in 
its July 27, 2006, filing, and also placed on the record for comment 
additional surrogate value information. On September 21, 2006,

[[Page 66911]]

Eastwing submitted a timely response and comments in reply to the 
Department's September 11, 2006, letter. On September 28, 2006, the 
Department published in the Federal Register a notice extending the 
deadline for the final results. See Certain Preserved Mushrooms from 
the People's Republic of China: Extension of Time Limit for Final 
Results of the 2005 Antidumping Duty New Shipper Review, 71 FR 56954 
(September 28, 2006). Also on September 28, 2006, the Department placed 
on the record additional surrogate value information for consideration 
in valuing the factors of production. Eastwing did not comment on this 
information.

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'' 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.\1\
---------------------------------------------------------------------------

    \1\ 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, 39C 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.

Changes Since the Preliminary Results

    Based on surrogate value comments received from Eastwing and 
information placed on the record by the Department subsequent to our 
Preliminary Results, we have made revisions to the margin calculation 
for the final results. Specifically, we have selected new surrogate 
values for the manure and straw factors of production because the 
manure and straw corresponding to these new surrogate values better 
match the inputs used in the production of the subject merchandise. We 
have also selected new information to use in calculating the financial 
ratios for factory overhead, selling, general and administrative 
expenses, and profit. The new financial information, unlike the data 
used in the Preliminary Results, is contemporaneous with the POR and 
offers a broader representation of the industry. See Memorandum from 
Matthew Renkey, Senior Analyst, through Alex Villanueva, Program 
Manager, Office 9, to the File; New Shipper Review of Certain Preserved 
Mushrooms from the People's Republic of China: Surrogate Values for the 
Final Results, dated November 9, 2006 (``Final Surrogate Values 
Memo''). Our calculation incorporating the new surrogate value data can 
be found in the Memorandum from Matthew Renkey, Senior Analyst, through 
Alex Villanueva, Program Manager, Office 9, to the File; Analysis for 
the Final Results of the New Shipper Review of Certain Preserved 
Mushrooms from the Peoples' Republic of China: Guangxi Eastwing Trading 
Co., Ltd. (``Final Analysis Memo''). Lastly, for the Preliminary 
Results, we inadvertently did not multiply the freight distance and 
surrogate value by the corresponding factor usage ratio; we have 
corrected this clerical error in the freight calculation for these 
final results. Id.

Final Results of Review

    We find that the following margin exists during the period February 
1, 2005, through August 15, 2005:

------------------------------------------------------------------------
                                                       Weighted--Average
                Exporter/Manufacturer                   Margin (Percent)
------------------------------------------------------------------------
Guangxi Eastwing Trading Co., Ltd./Raoping CXF Foods,            4.31
 Inc.................................................
------------------------------------------------------------------------

Assessment Rates

    The Department will issue appropriate appraisement instructions 
directly to U.S. Customs and Border Protection (``CBP'') for Eastwing 
within 15 days of publication of the final results of this review. 
Pursuant to 19 CFR 351.212(b)(1), we will calculate importer--specific 
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 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 results of the new shipper review for all 
shipments of subject merchandise from Eastwing entered, or withdrawn 
from warehouse, for consumption on or after the publication date: (1) 
For subject merchandise manufactured by Raoping CXF Foods, Inc. 
(``CXF'') and exported by Eastwing, the cash deposit rate will be the 
rate shown above; (2) for subject merchandise exported by Eastwing but 
not manufactured by CXF, the cash deposit rate will continue to be the 
PRC--wide rate (i.e., 198.63 percent); and (3) for subject merchandise 
produced by CXF but not exported by Eastwing, the cash deposit rate 
will be the rate applicable to the exporter. These requirements will 
remain in effect until publication of the final results of the next 
administrative review.

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.

[[Page 66912]]

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)(1), 751(a)(2)(B), and 777(i) of the Act and 19 CFR 351.214(h).

    Dated: November 9, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-19471 Filed 11-16-06; 8:45 am]
BILLING CODE 3510-DS-S