Certain Preserved Mushrooms From the People's Republic of China: Final Results of the Tenth Antidumping Duty New Shipper Review, 68858-68859 [E7-23688]

Download as PDF 68858 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Notices Lookout (all located on the High Cascades Ranger District) will become available for overnight rental; Squaw Peak Lookout (on the Siskiyou Mountains Ranger District) will also become available for overnight rental. Although different at each site, the new amenities range from electricity (Big Elk) and running water/indoor toilet (Lodgepole ) to vault toilets, working fireplaces, horse paddocks, and/or roadaccess improvements. The range of fees stated here is only proposed, and the actual fee for each site will be determined upon further analysis and public comment. Funds from fees would be used for the continued operation and maintenance of these recreation sites. A financial analysis is being done to determine the rental fees, but they may range between $40 and $80 per night. The Rogue River—Siskiyou National Forest currently has ten other rental cabins or lookouts, and they are often booked up during the recreation season. The fees would continue to help preserve these particular structures and maintain their historic integrity. New fees would begin after May 2008 and contingent upon completion of certain improvements. The rentals would be available once a final decision is made and they are listed with the National Recreation Reservation Service. DATES: Scott Conroy, Forest Supervisor, Rogue River—Siskiyou National Forest, 333 West 8th St., Medford, Oregon 97501. ADDRESSES: John Borton, Recreation Fee Coordinator, 541–858–2300. Information about proposed fee changes can also be found on the Rogue River—Siskiyou National Forest Web site: http://www.fs.fed.us/r6/ rogue-siskiyou. FOR FURTHER INFORMATION CONTACT: The Federal Recreation Lands Enhancement Act (Title VII, Pub. L. 108–447) directed the Secretary of Agriculture to publish a six-month advance notice in the Federal Register whenever new recreation fee areas are established. Once public involvement is complete, these new fees will be reviewed by a Recreation Resource Advisory Committee prior to a final decision and implementation. Once in operation, people wanting to rent Big Elk Guard Station, Lodgepole Guard Station, Hershberger Mountain Lookout, or Squaw Peak Lookout would need to do so through the National Recreation Reservation Service, at http://www.reserveusa.com or by calling 1–877–444–6777. mstockstill on PROD1PC66 with NOTICES SUPPLEMENTARY INFORMATION: VerDate Aug<31>2005 18:57 Dec 05, 2007 Jkt 214001 Dated: November 27, 2007. Scott Conroy, Forest Supervisor. [FR Doc. E7–23648 Filed 12–5–07; 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 the Tenth Antidumping Duty New Shipper Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On August 15, 2007, 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 Jisheng Foods, Inc. (‘‘Jisheng’’). See Certain Preserved Mushrooms From the People’s Republic of China: Preliminary Results of the Antidumping Duty New Shipper Review, 72 FR 45734 (August 15, 2007) (‘‘Preliminary Results’’). We gave interested parties an opportunity to comment on the Preliminary Results, but we did not receive any comment. Also, we find after reviewing the record evidence submitted by interested parties after the Preliminary Results that there is no other basis to change the Preliminary Results. Therefore, we made no changes to the dumping margin calculations for these final results. DATES: Effective Dates: December 6, 2007. FOR FURTHER INFORMATION CONTACT: Julia Hancock, 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) 482–1394. SUPPLEMENTARY INFORMATION: AGENCY: Case History The Preliminary Results for this administrative review were published on August 15, 2007. Since the Preliminary Results, the following events have occurred: Questionnaires On August 30, 2007, the Department issued a post-preliminary results supplemental questionnaire to Jisheng. On September 12, 2007, Jisheng requested a two-day extension to PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 respond to the Department’s August 30, 2007, supplemental questionnaire. On September 12, 2007, the Department granted Jisheng an extension of two days to submit its response to the August 30, 2007, questionnaire. On September 14, 2007, Jisheng submitted its post-preliminary results supplemental questionnaire response. Verification On September 12, 2007, the Department issued the verification schedule of Jisheng. On October 5, 2007, the Department issued the outline of the verification of Jisheng that was scheduled for October 22 through 24, 2007. On October 18, 2007, the Department notified interested parties that the verification of Jisheng had been cancelled. Case Briefs and Rebuttal Briefs On October 3, 2007, because the Department had extended the final results of this new shipper review and intended to verify Jisheng, the Department extended the deadline for interested parties to submit case briefs and rebuttal briefs. The Department extended the deadline for case briefs from September 14, 2007 to November 14, 2007, and rebuttal briefs from September 19, 2007 to November 19, 2007. On October 18, 2007, the Department notified interested parties that, due to the cancellation of Jisheng’s verification, the deadline to submit case briefs was November 1, 2007. Additionally, the deadline to submit rebuttal briefs was changed to November 6, 2007. Hearing No party requested a hearing for this new shipper review. Extension of Final Results On September 27, 2007, the Department extended the time limit for completion of the final results of the instant new shipper review. See Certain Preserved Mushrooms From the People’s Republic of China: Extension of Time Limit for the Final Results of the Tenth Antidumping Duty New Shipper Review, 72 FR 54899 (September 27, 2007). 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 E:\FR\FM\06DEN1.SGM 06DEN1 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Notices 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 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. Analysis of Comments Received No interested parties submitted comments for these final results. Changes Since the Preliminary Results We made no changes to the Preliminary Results. Final Results of Review We find that the following margin exists during the period February 1, 2006, through September 12, 2006: mstockstill on PROD1PC66 with NOTICES 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, 396 F.3d 1378 (Fed. Cir. 2005). VerDate Aug<31>2005 18:57 Dec 05, 2007 Jkt 214001 CERTAIN PRESERVED MUSHROOMS FROM THE PRC 68859 assessment of doubled antidumping duties. Administrative Protective Orders This notice also serves as a reminder to parties subject to administrative Guangxi Jisheng Foods, protective orders (‘‘APO’’) of their Inc. ............................ 0.00 responsibility concerning the return or destruction of proprietary information Assessment Rates disclosed under APO in accordance Upon issuance of the final results, the with 19 CFR 351.305, which continues to govern business proprietary Department will determine, and U.S. Customs and Border Protection (‘‘CBP’’) information in this segment of the proceeding. Timely written notification shall assess, antidumping duties on all of the return/destruction of APO appropriate entries. The Department intends to issue assessment instructions materials or conversion to judicial for Jisheng to CBP 15 days after the date protective order is hereby requested. of publication of the final results of Failure to comply with the regulations review. Pursuant to 19 CFR and terms of an APO is a violation 351.212(b)(1), we will calculate which is subject to sanction. This new shipper review and notice importer-specific (or customer) ad valorem duty assessment rates based on are in accordance with sections 751(a)(2)(B) and 777(i) of the Tariff Act the ratio of the total amount of the dumping margins calculated for the of 1930, as amended, and 19 CFR examined sales to the total entered 351.214(h). value of those same sales. We will Dated: November 28, 2007. instruct CBP to assess antidumping David M. Spooner, duties on all appropriate entries covered Assistant Secretary for Import by this review if any importer-specific Administration. assessment rate calculated in the final [FR Doc. E7–23688 Filed 12–5–07; 8:45 am] results of this review is above de BILLING CODE 3510–DS–P minimis. Exporter/ manufacturer Weighted-average margin (percent) 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 Jisheng entered, or withdrawn from warehouse, for consumption on or after the publication date: (1) For subject merchandise produced and exported by Jisheng, no cash deposit will be required; (2) for subject merchandise exported by Jisheng but not manufactured by itself, the cash deposit rate will continue to be the PRC-wide rate (i.e., 198.63 percent); and (3) for subject merchandise manufactured by Jisheng but exported by any other party, 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 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration North American Free-Trade Agreement (NAFTA), Article 1904 Binational Panel Reviews NAFTA Secretariat, United States Section, International Trade Administration, Department of Commerce. ACTION: Notice of Decision of Panel. AGENCY: SUMMARY: On November 28, 2007 the binational panel issued its decision in the review of the 2nd Administrative Review made by the International Trade Administration, respecting Carbon and Certain Alloy Steel Wire Rod from Canada, Secretariat File No. USA–CDA– 2006–1904–04. The binational panel remanded a portion of the decision to the Import Administration with a partial dissenting opinion and a further dissent. Copies of the panel decision are available from the U.S. Section of the NAFTA Secretariat. FOR FURTHER INFORMATION CONTACT: Caratina L. Alston, United States Secretary, NAFTA Secretariat, Suite 2061, 14th and Constitution Avenue, Washington, DC 20230, (202) 482–5438. SUPPLEMENTARY INFORMATION: Chapter 19 of the North American Free-Trade Agreement (‘‘Agreement’’) establishes a E:\FR\FM\06DEN1.SGM 06DEN1

Agencies

[Federal Register Volume 72, Number 234 (Thursday, December 6, 2007)]
[Notices]
[Pages 68858-68859]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-23688]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-851]


Certain Preserved Mushrooms From the People's Republic of China: 
Final Results of the Tenth Antidumping Duty New Shipper Review

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

SUMMARY: On August 15, 2007, 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 Jisheng Foods, Inc. (``Jisheng''). See Certain Preserved 
Mushrooms From the People's Republic of China: Preliminary Results of 
the Antidumping Duty New Shipper Review, 72 FR 45734 (August 15, 2007) 
(``Preliminary Results''). We gave interested parties an opportunity to 
comment on the Preliminary Results, but we did not receive any comment. 
Also, we find after reviewing the record evidence submitted by 
interested parties after the Preliminary Results that there is no other 
basis to change the Preliminary Results. Therefore, we made no changes 
to the dumping margin calculations for these final results.

DATES: Effective Dates: December 6, 2007.

FOR FURTHER INFORMATION CONTACT: Julia Hancock, 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) 482-1394.

SUPPLEMENTARY INFORMATION:

Case History

    The Preliminary Results for this administrative review were 
published on August 15, 2007. Since the Preliminary Results, the 
following events have occurred:

Questionnaires

    On August 30, 2007, the Department issued a post-preliminary 
results supplemental questionnaire to Jisheng. On September 12, 2007, 
Jisheng requested a two-day extension to respond to the Department's 
August 30, 2007, supplemental questionnaire. On September 12, 2007, the 
Department granted Jisheng an extension of two days to submit its 
response to the August 30, 2007, questionnaire. On September 14, 2007, 
Jisheng submitted its post-preliminary results supplemental 
questionnaire response.

Verification

    On September 12, 2007, the Department issued the verification 
schedule of Jisheng. On October 5, 2007, the Department issued the 
outline of the verification of Jisheng that was scheduled for October 
22 through 24, 2007. On October 18, 2007, the Department notified 
interested parties that the verification of Jisheng had been cancelled.

Case Briefs and Rebuttal Briefs

    On October 3, 2007, because the Department had extended the final 
results of this new shipper review and intended to verify Jisheng, the 
Department extended the deadline for interested parties to submit case 
briefs and rebuttal briefs. The Department extended the deadline for 
case briefs from September 14, 2007 to November 14, 2007, and rebuttal 
briefs from September 19, 2007 to November 19, 2007.
    On October 18, 2007, the Department notified interested parties 
that, due to the cancellation of Jisheng's verification, the deadline 
to submit case briefs was November 1, 2007. Additionally, the deadline 
to submit rebuttal briefs was changed to November 6, 2007.

Hearing

    No party requested a hearing for this new shipper review.

Extension of Final Results

    On September 27, 2007, the Department extended the time limit for 
completion of the final results of the instant new shipper review. See 
Certain Preserved Mushrooms From the People's Republic of China: 
Extension of Time Limit for the Final Results of the Tenth Antidumping 
Duty New Shipper Review, 72 FR 54899 (September 27, 2007).

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

[[Page 68859]]

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, 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.

Analysis of Comments Received

    No interested parties submitted comments for these final results.

Changes Since the Preliminary Results

    We made no changes to the Preliminary Results.

Final Results of Review

    We find that the following margin exists during the period February 
1, 2006, through September 12, 2006:

                Certain Preserved Mushrooms From the PRC
------------------------------------------------------------------------
                                                       Weighted-average
               Exporter/ manufacturer                  margin (percent)
------------------------------------------------------------------------
Guangxi Jisheng Foods, Inc..........................                0.00
------------------------------------------------------------------------

Assessment Rates

    Upon issuance of the final results, the Department will determine, 
and U.S. Customs and Border Protection (``CBP'') shall assess, 
antidumping duties on all appropriate entries. The Department intends 
to issue assessment instructions for Jisheng to CBP 15 days after the 
date of publication of the final results of review. Pursuant to 19 CFR 
351.212(b)(1), we will calculate 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 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 Jisheng entered, or withdrawn 
from warehouse, for consumption on or after the publication date: (1) 
For subject merchandise produced and exported by Jisheng, no cash 
deposit will be required; (2) for subject merchandise exported by 
Jisheng but not manufactured by itself, the cash deposit rate will 
continue to be the PRC-wide rate (i.e., 198.63 percent); and (3) for 
subject merchandise manufactured by Jisheng but exported by any other 
party, 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.

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)(2)(B) and 777(i) of the Tariff Act of 1930, as amended, and 19 
CFR 351.214(h).

    Dated: November 28, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
 [FR Doc. E7-23688 Filed 12-5-07; 8:45 am]
BILLING CODE 3510-DS-P