Certain Preserved Mushrooms From the People's Republic of China: Final Results of Antidumping Duty New Shipper Review, 21904-21906 [E8-8809]

Download as PDF mstockstill on PROD1PC66 with NOTICES 21904 Federal Register / Vol. 73, No. 79 / Wednesday, April 23, 2008 / Notices insulating fittings for electrical machines (8547.90); parachutes and rotochutes (8804.00); corrective or protective spectacles and goggles (9004.90); lasers (9013.20); compasses (9014.10); aeronautical navigation instruments and appliances (9014.20); surveying instruments and appliances (9015.80); calculating instruments (9017.20); breathing appliances and gas masks (9020.00); thermometers and pyrometers (9025.19); hydrometers (9025.80); speedometers, tachometers and stroboscopes (9029.20); instruments for checking voltage and current (9030.39); instruments to measure and check instruments and their parts (9031.80, 9031.90); thermostats (9032.10); hydraulic and pneumatic instruments (9032.81); automatic voltage and voltage–current regulators (9032.89); electric lamps and lighting fittings (9405.20, 9405.40); illuminated signs and name plates (9405.60); plastic parts for lamps and lighting fixtures (9405.92, 9405.99); and, ball–point pens (9608.10). The duty rates on the imported components range from duty– free to 15 percent. This application requests authority for HBC to conduct the manufacturing activity under FTZ procedures, which would exempt the company from customs duty payments on the imported components used in export production. Approximately 50 percent of production is exported. On domestic sales, the company could choose the lower duty rate (duty–free) that applies to the finished product for the imported components used in manufacturing. HBC may also realize savings related to direct delivery and weekly customs entry procedures. The company will also realize savings on the elimination of duties on materials that become scrap/waste during manufacturing. Additionally, customs duties could possibly be deferred or reduced on foreign status production equipment. The application indicates that the FTZ– related savings would improve the plant’s international competitiveness. In accordance with the Board’s regulations, Christopher Kemp of the FTZ staff is designated examiner to investigate the application and report to the Board. Public comment is invited from interested parties. Submissions (original and 3 copies) shall be addressed to the Board’s Executive Secretary at the address listed below. The closing period for their receipt is June 23, 2008. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period (to July 7, 2008). VerDate Aug<31>2005 16:58 Apr 22, 2008 Jkt 214001 A copy of the application and accompanying exhibits will be available at each of the following addresses: U. S. Department of Commerce Export Assistance Center, 150 North Main Street, Suite 200, Wichita, Kansas; and, Office of the Executive Secretary, Foreign–Trade Zones Board, Room 2111, U.S. Department of Commerce, 1401 Constitution Avenue, NW, Washington, D.C., 20230. For further information contact Christopher Kemp at christopherlkemp@ita.doc.gov or (202) 482–0862. Dated: April 17, 2008. Andrew McGilvray, Executive Secretary. [FR Doc. E8–8814 Filed 4–22–08; 8:45 am] BILLING CODE 3510–DS–P time before or after the meeting. However, to facilitate distribution of public presentation materials to Committee members, the Committee suggests that presenters forward the public presentation materials to Yvette Springer. For more information contact Ms. Springer on (202) 482–2813. Dated: April 15, 2008. Yvette Springer, Committee Liaison Officer. [FR Doc. E8–8741 Filed 4–22–08; 8:45 am] BILLING CODE 3510–JT–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–851] DEPARTMENT OF COMMERCE Bureau of Industry and Security Transportation and Related Equipment Technical Advisory Committee; Notice of Open Meeting The Transportation and Related Equipment Technical Advisory Committee (TRANSTAC) will meet on May 8, 2008, 9:30 a.m., in the Herbert C. Hoover Building, Room 3884, 14th Street between Pennsylvania & Constitution Avenues, NW., Washington, DC. The Committee advises the Office of the Assistant Secretary for Export Administration with respect to technical questions that affect the level of export controls applicable to transportation and related equipment or technology. Agenda 1. Welcome and Introductions. 2. Review Status of Working Groups. 3. Proposals from the Public. 4. Regulations and Status of Commerce Control List Review. 5. Missile Technology Review. 6. Wassenaar Update—Status of May 08 Proposals. 7. TRANSTAC Business. 8. Closing Comments. The open session will be accessible via teleconference to 20 participants on a first come, first serve basis. To join the conference, submit inquiries to Ms. Yvette Springer at Yspringer@bis.doc.gov no later than May 1, 2008. The meeting will be open to the public and a limited number of seats will be available. Reservations are not accepted. To the extent time permits, members of the public may present oral statements to the Committee. Written statements may be submitted at any PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 Certain Preserved Mushrooms From the People’s Republic of China: Final Results of Antidumping Duty New Shipper Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On January 28, 2008, 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 (‘‘the PRC’’) for Ayecue International SLU and its affiliated producer, Ayecue (Liaocheng) Foodstuff Co., Ltd. (collectively, ‘‘Ayecue’’). See Certain Preserved Mushrooms From the People’s Republic of China: Preliminary Results of the Antidumping Duty New Shipper Review, 73 FR 4822 (January 28, 2008) (‘‘Preliminary Results’’). We gave interested parties an opportunity to comment on the Preliminary Results. EFFECTIVE DATE: April 23, 2008. FOR FURTHER INFORMATION CONTACT: Thomas Martin, AD/CVD Operations, Office 4, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th St. and Constitution Ave., NW., Washington, DC 20230; telephone: (202) 482–3936. SUPPLEMENTARY INFORMATION: AGENCY: Case History The Preliminary Results for this administrative review were published on January 28, 2008. Since the Preliminary Results, the following events have occurred: Verification The Department did not conduct verification in this new shipper review. E:\FR\FM\23APN1.SGM 23APN1 21905 Federal Register / Vol. 73, No. 79 / Wednesday, April 23, 2008 / Notices Case Briefs and Rebuttal Briefs On January 28, 2008, in the Preliminary Results, the Department stated that interested parties were to submit case briefs within 30 days of publication of the preliminary results and rebuttal briefs within five days after the time limit for filing case briefs. Ayecue timely filed its case brief on February 27, 2008. No other interested party submitted a case or rebuttal brief. Hearing No party requested a hearing for this new shipper review. 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 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 All issues raised in the postpreliminary comments by parties in this review are addressed in the memorandum from Stephen J. Claeys, Deputy Assistant Secretary for Import Administration, to David M. Spooner, Assistant Secretary for Import Administration, ‘‘Issues and Decision Memorandum for the Final Results of the Eleventh Antidumping Duty New Shipper Review on Certain Preserved Mushrooms from the People’s Republic of China,’’ dated April 17, 2008 (‘‘Issues and Decision Memorandum’’), which is hereby adopted by this notice. A list of the issues that parties raised and to which we responded in the Issues and Decision Memorandum is attached to this notice as an appendix. The Issues and Decision Memorandum is a public document and is on file in the Central Records Unit (‘‘CRU’’) in room 1117 in the main Commerce Department building, and is also accessible on the Web at https://ia.ita.doc.gov/frn. The paper copy and electronic version of the memorandum are identical in content. Changes Since the Preliminary Results Based on our analysis of comments received, we have made the following changes in the margin calculations for the final results: (1) We used the 2006– 2007 annual report of Agro Dutch Industries Limited (Agro Dutch) to value fresh mushrooms and (2) we used the average 2006–2007 data from the annual reports of Agro Dutch and Flex Foods Limited to calculate surrogate financial ratios. Final Results of the Review The Department has determined that the following final dumping margin exists for the period February 1, 2006, through January 31, 2007: Manufacturer Weighted-average margin (percentage) Ayecue International SLU ....................................................... mstockstill on PROD1PC66 with NOTICES Exporter Ayecue (Liaocheng). Foodstuff Co., Ltd ................................ 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 Ayecue to CBP after 15 days of 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 valerom 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 (or customer) assessment rate calculated in the final results of this review is above de minimis. 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 VerDate Aug<31>2005 16:58 Apr 22, 2008 Jkt 214001 Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of these final results of the new shipper review for all shipments of subject merchandise exported by Ayecue International SLU and produced by Ayecue (Liaocheng) Foodstuff Co., PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 Ltd. entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by section 751(a)(2)(C) of the Tariff Act of 1930, as amended (the ‘‘Act’’): (1) For subject merchandise exported by Ayecue International SLU and produced by Ayecue (Liaocheng) Foodstuff Co., Ltd., no cash deposit will be required; (2) for subject merchandise exported by Ayecue International SLU but not manufactured by Ayecue (Liaocheng) Foodstuff Co., Ltd. the cash deposit rate will continue to be the PRC-wide rate (i.e., 198.63 percent); and (3) for subject merchandise manufactured by Ayecue 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). E:\FR\FM\23APN1.SGM 23APN1 21906 Federal Register / Vol. 73, No. 79 / Wednesday, April 23, 2008 / Notices (Liaocheng) Foodstuff Co., Ltd., but exported by any party other than Ayecue International SLU, the cash deposit rate will be the rate applicable to the exporter. These cash deposit requirements will remain in effect until further notice. 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)(1) of the Act and 19 CFR 351.214(h). Dated: April 17, 2008. David M. Spooner, Assistant Secretary for Import Administration. Appendix List of Comments and Issues in the Issues and Decision Memorandum Comment 1: Whether the Department Should Use Contemporaneous Financial Statement Data [FR Doc. E8–8809 Filed 4–22–08; 8:45 am] BILLING CODE 3510–DS–P mstockstill on PROD1PC66 with NOTICES International Trade Administration The Manufacturing Council: Meeting of the Manufacturing Council International Trade Administration, U.S. Department of Commerce. VerDate Aug<31>2005 16:58 Apr 22, 2008 Jkt 214001 SUMMARY: The Manufacturing Council will hold a meeting via teleconference to deliberate a draft recommendation to the Secretary of Commerce regarding Alternative Energy. DATES: May 7, 2008. Time: 11 a.m. EST. For the Conference Call-In Number and Further Information, Contact: The Manufacturing Council Executive Secretariat, Room 4043, Washington, DC 20230 (Phone: 202–482–1369), or visit the Council’s Web site at https:// www.manufacturing.gov/council. Dated: April 18, 2008. Kate Worthington, Executive Secretary, The Manufacturing Council. [FR Doc. E8–8877 Filed 4–22–08; 8:45 am] BILLING CODE 3510–DR–P DEPARTMENT OF COMMERCE International Trade Administration (A–570–925) Notice of Preliminary Determination of Sales at Less Than Fair Value: Sodium Nitrite from the People’s Republic of China Import Administration, International Trade Administration, Department of Commerce EFFECTIVE DATE: April 23, 2008. SUMMARY: The Department of Commerce (the Department) preliminarily determines that sodium nitrite from the People’s Republic of China (PRC) is being, or is likely to be, sold in the United States at less than fair value (LTFV), as provided in section 733 of the Tariff Act of 1930, as amended (the Act). The estimated dumping margin is shown in the ‘‘Preliminary Determination’’ section of this notice. FOR FURTHER INFORMATION CONTACT: Magd Zalok, AD/CVD Operations, Office 4, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC, 20230; telephone: (202) 482–4162. SUPPLEMENTARY INFORMATION: AGENCY: Background DEPARTMENT OF COMMERCE AGENCY: Notice of an open meeting via teleconference. ACTION: On November 8, 2007, the Department received petitions concerning imports of sodium nitrite from the PRC and the Federal Republic of Germany filed in proper form by General Chemical LLC (petitioner). The Department initiated antidumping duty investigations of sodium nitrite from the above– PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 mentioned countries on November 28, 2007. See Sodium Nitrite from the Federal Republic of Germany and the People’s Republic of China: Initiation of Antidumping Duty Investigations, 72 FR 68563 (December 5, 2007) (Initiation Notice). In the ‘‘Respondent Selection’’ section of the Initiation Notice, the Department stated that it intended to select respondents based on U.S. Customs and Border Protection (CBP) data. On the date of publication of the Initiation Notice, the Department released to parties under an Administrative Protective Order (APO), the CBP data obtained for respondent selection purposes. On December 12, 2007, the petitioner submitted comments regarding respondent selection, urging the Department to select as mandatory respondents, two PRC exporters who accounted for the majority of the sodium nitrite imported into the United States from the PRC during the period of investigation (POI). The Department did not receive any other comments from interested parties concerning respondent selection. In order to identify the universe of potential respondents for purposes of this investigation, the Department analyzed information obtained from the petition, CBP, and its own research. The petition identified 92 exporters and producers of sodium nitrite from the PRC. The Department obtained public information for two exporters and/or producers of the subject merchandise that are identified in the CBP data, Qingdao Hengyuan Chemical Co., Ltd. (Qingdao), and Hualong Ammonium Nitrate Company Ltd. (Hualong). The Department determined that Qingdao and Hualong were the appropriate respondents in this investigation because they represent all publicly identified PRC exporters of subject merchandise during the POI. On December 31, 2007, the Department selected Qingdao and Hualong as mandatory respondents. See Memorandum regarding ‘‘Identification of Respondents in the Antidumping Investigation of Sodium Nitrite from the People’s Republic of China,’’ dated December 31, 2007 (Respondent Selection Memorandum). On December 26, 2007, the International Trade Commission (ITC) preliminarily determined that there is a reasonable indication that an industry in the United States is materially injured by reason of imports of sodium nitrite from Germany and the PRC. See Sodium Nitrite from China and Germany, 73 FR 2278 (January 14, 2008). E:\FR\FM\23APN1.SGM 23APN1

Agencies

[Federal Register Volume 73, Number 79 (Wednesday, April 23, 2008)]
[Notices]
[Pages 21904-21906]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-8809]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-851]


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

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On January 28, 2008, 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 (``the 
PRC'') for Ayecue International SLU and its affiliated producer, Ayecue 
(Liaocheng) Foodstuff Co., Ltd. (collectively, ``Ayecue''). See Certain 
Preserved Mushrooms From the People's Republic of China: Preliminary 
Results of the Antidumping Duty New Shipper Review, 73 FR 4822 (January 
28, 2008) (``Preliminary Results''). We gave interested parties an 
opportunity to comment on the Preliminary Results.

EFFECTIVE DATE: April 23, 2008.

FOR FURTHER INFORMATION CONTACT: Thomas Martin, AD/CVD Operations, 
Office 4, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th St. and Constitution Ave., NW., 
Washington, DC 20230; telephone: (202) 482-3936.

SUPPLEMENTARY INFORMATION: 

Case History

    The Preliminary Results for this administrative review were 
published on January 28, 2008. Since the Preliminary Results, the 
following events have occurred:

Verification

    The Department did not conduct verification in this new shipper 
review.

[[Page 21905]]

Case Briefs and Rebuttal Briefs

    On January 28, 2008, in the Preliminary Results, the Department 
stated that interested parties were to submit case briefs within 30 
days of publication of the preliminary results and rebuttal briefs 
within five days after the time limit for filing case briefs. Ayecue 
timely filed its case brief on February 27, 2008. No other interested 
party submitted a case or rebuttal brief.

Hearing

    No party requested a hearing for this new shipper review.

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 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

    All issues raised in the post-preliminary comments by parties in 
this review are addressed in the memorandum from Stephen J. Claeys, 
Deputy Assistant Secretary for Import Administration, to David M. 
Spooner, Assistant Secretary for Import Administration, ``Issues and 
Decision Memorandum for the Final Results of the Eleventh Antidumping 
Duty New Shipper Review on Certain Preserved Mushrooms from the 
People's Republic of China,'' dated April 17, 2008 (``Issues and 
Decision Memorandum''), which is hereby adopted by this notice. A list 
of the issues that parties raised and to which we responded in the 
Issues and Decision Memorandum is attached to this notice as an 
appendix. The Issues and Decision Memorandum is a public document and 
is on file in the Central Records Unit (``CRU'') in room 1117 in the 
main Commerce Department building, and is also accessible on the Web at 
https://ia.ita.doc.gov/frn. The paper copy and electronic version of the 
memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made the 
following changes in the margin calculations for the final results: (1) 
We used the 2006-2007 annual report of Agro Dutch Industries Limited 
(Agro Dutch) to value fresh mushrooms and (2) we used the average 2006-
2007 data from the annual reports of Agro Dutch and Flex Foods Limited 
to calculate surrogate financial ratios.

Final Results of the Review

    The Department has determined that the following final dumping 
margin exists for the period February 1, 2006, through January 31, 
2007:


 
------------------------------------------------------------------------
                                                       Weighted-average
            Exporter                Manufacturer     margin (percentage)
------------------------------------------------------------------------
Ayecue International SLU.......  Ayecue                            0.00
                                  (Liaocheng).
                                  Foodstuff Co.,
                                  Ltd.
------------------------------------------------------------------------

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 Ayecue to CBP after 15 days of 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 
valerom 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 (or customer) 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 final results of the new shipper review for all 
shipments of subject merchandise exported by Ayecue International SLU 
and produced by Ayecue (Liaocheng) Foodstuff Co., Ltd. entered, or 
withdrawn from warehouse, for consumption on or after the publication 
date, as provided by section 751(a)(2)(C) of the Tariff Act of 1930, as 
amended (the ``Act''): (1) For subject merchandise exported by Ayecue 
International SLU and produced by Ayecue (Liaocheng) Foodstuff Co., 
Ltd., no cash deposit will be required; (2) for subject merchandise 
exported by Ayecue International SLU but not manufactured by Ayecue 
(Liaocheng) Foodstuff Co., Ltd. the cash deposit rate will continue to 
be the PRC-wide rate (i.e., 198.63 percent); and (3) for subject 
merchandise manufactured by Ayecue

[[Page 21906]]

(Liaocheng) Foodstuff Co., Ltd., but exported by any party other than 
Ayecue International SLU, the cash deposit rate will be the rate 
applicable to the exporter. These cash deposit requirements will remain 
in effect until further notice.

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)(1) of the Act and 19 CFR 351.214(h).

    Dated: April 17, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.

Appendix

List of Comments and Issues in the Issues and Decision Memorandum

    Comment 1: Whether the Department Should Use Contemporaneous 
Financial Statement Data

 [FR Doc. E8-8809 Filed 4-22-08; 8:45 am]
BILLING CODE 3510-DS-P

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