Certain Preserved Mushrooms From the People's Republic of China: Final Results of Antidumping Duty New Shipper Review, 65520-65522 [E9-29469]

Download as PDF 65520 Federal Register / Vol. 74, No. 236 / Thursday, December 10, 2009 / Notices Final Results of Review In the Preliminary Results, we determined that G J Steel is the successor-in-interest to the former Nakornthai Strip Mill Public Company Limited (Nakornthai) for purposes of this proceeding and application of the antidumping law. We did not receive comments on this issue and have no reason to change our findings from the Preliminary Results. For a complete discussion of our successorship analysis, see Preliminary Results, 74 FR at 39051. The Department also determined that G Steel and G J Steel should be collapsed and treated as a single entity for purposes of this proceeding and application of the antidumping law. Id. at 39050. We received comments on this issue which are addressed in the Issues and Decision Memorandum. We have concluded for these Final Results that G Steel and G J Steel should continue to be collapsed and treated as a single entity for purposes of this proceeding and application of the antidumping law. Finally, the Department preliminarily determined to apply an adverse facts available (AFA) rate of 20.30 percent to the collapsed G Steel and G J Steel entity. Id. at 39050. We also received comments on this issue, which are addressed in the Issues and Decision Memorandum. The Department has concluded that the margin for G Steel and G J Steel should be based upon AFA. Accordingly, we determine that G J Steel is the successor-in-interest to Nakornthai, and that the AFA rate of 20.30 percent should be applied to the G Steel/G J Steel entity. We determine therefore that the following weighted-average margin exists: Cash Deposit Requirements The following deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of certain hotrolled carbon steel flat products from Thailand entered, or withdrawn from warehouse, for consumption on or after the publication date of these final results, as provided by section 751(a) of the Act: (1) for companies covered by this review, the cash deposit rate will be the rate listed above; (2) for previously reviewed or investigated companies other than those covered by this review, the cash deposit rate will be the company-specific rate established for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or the less-thanfair-value investigation, but the producer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the subject merchandise; and (4) if neither the exporter nor the producer is a firm covered in this review, a prior review, or the investigation, the cash deposit rate will be 3.86 percent,1 the all-others rate established in the less-than-fairvalue investigation. These deposit requirements shall remain in effect until further notice. Weighted Average Margin (percent) Reimbursement of Duties This notice also serves as a final G Steel and G J Steel .. 20.30 percent reminder to importers of their responsibility under 19 CFR The Department will determine, and 351.402(f)(2) to file a certificate U.S. Customs and Border Protection regarding the reimbursement of (CBP) shall assess, antidumping duties antidumping and/or countervailing on all appropriate entries, pursuant to duties prior to liquidation of the 19 CFR 351.212(b). Accordingly, we will relevant entries during this review instruct CBP to assess duties upon all period. Failure to comply with this entries of merchandise produced or requirement could result in the exported by G Steel or G J Steel at a rate presumption that reimbursement of of 20.30 percent ad valorem. The antidumping and/or countervailing Department intends to issue appropriate duties occurred and the subsequent assessment instructions directly to CBP 1 In the Preliminary Results, the Department 15 days after publication of these final inadvertently indicated the cash deposit all others results of review. rate as 4.44 percent. The rate should be 3.86 percent The Department clarified its as specified in the Antidumping Duty Order. See ‘‘automatic assessment’’ regulation on Antidumping Duty Order: Certain Hot-Rolled May 6, 2003. This clarification applies Carbon Steel Flat Products From Thailand, 66 FR to POR entries of subject merchandise 59562 (November 29, 2001). Manufacturer/Exporter mstockstill on DSKH9S0YB1PROD with NOTICES produced by companies examined in this review where the companies did not know their merchandise was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the allothers rate if there is no rate for the intermediate company(ies) involved in the transaction. For a full discussion of this clarification, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). VerDate Nov<24>2008 17:19 Dec 09, 2009 Jkt 220001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 increase in antidumping duties by the amount of antidumping and/or countervailing duties reimbursed. Administrative Protective Order This notice also is the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. 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 the terms of an APO is a sanctionable violation. We are issuing and publishing these results and notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: December 3, 2009. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. Appendix: Issues Raised in Decision Memorandum Comment 1: Collapsing of G Steel and G J Steel Comment 2: Application of Adverse Facts Available to G Steel and G J Steel Comment 3: Selection of Adverse Facts Available Rate for G Steel and G J Steel [FR Doc. E9–29471 Filed 12–9–09; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–570–851] Certain Preserved Mushrooms From the People’s Republic of China: Final Results of Antidumping Duty New Shipper Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On October 2, 2009, 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 Linyi City Kangfa Foodstuff Drinkable Co., Ltd. (Kangfa). See Certain Preserved Mushrooms From the People’s Republic of China: Preliminary Results of Antidumping Duty New Shipper Review, 73 FR 50946 (October 2, 2009) (Preliminary Results). We gave interested parties an opportunity to comment on the E:\FR\FM\10DEN1.SGM 10DEN1 65521 Federal Register / Vol. 74, No. 236 / Thursday, December 10, 2009 / Notices Preliminary Results, and received no comments. We also made no changes to the preliminary results for these final results. Therefore, the final results do not differ from the preliminary results. DATES: Effective Date: December 10, 2009. FOR FURTHER INFORMATION CONTACT: Fred Baker or Robert James, AD/CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482–2924 or (202) 482– 0649, respectively. SUPPLEMENTARY INFORMATION: We published the preliminary results for this new shipper review on October 2, 2009. 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 due date for filing case briefs. See Preliminary Results at 50951. No interested party submitted a case or rebuttal brief. Period of Review The period of review (POR) is February 1, 2008, through January 31, 2009. mstockstill on DSKH9S0YB1PROD with NOTICES 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.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 VerDate Nov<24>2008 17:19 Dec 09, 2009 Jkt 220001 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. 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 the order is dispositive. Antidumping Duty New Shipper Review, 67 FR 72139 at 72140 (December 4, 2002); Notice of Final Results of Antidumping Duty New Shipper Review: Certain In-Shell Raw Pistachios From Iran, 68 FR 353 at 354 (January 3, 2003); and Certain Forged Stainless Steel Flanges From India: Final Results of Antidumping Duty New Shipper Review, 68 FR 351 (January 3, 2003). The Department has determined that a combination rate is appropriate in this case, as Kangfa is both the producer and exporter of the subject merchandise. Therefore, the Department will include in its cash deposit instructions to U.S. Customs and Border Protection (CBP) appropriate language to enforce these final results of new shipper review on the basis of a combination rate involving Kangfa as both the producer and exporter of the subject merchandise. Separate Rates The Department has determined that the following margin exists for the period February 1, 2008, through January 31, 2009: In proceedings involving non-market economy (NME) countries, the Department begins with a rebuttable presumption that all companies within the country are subject to government control and, thus, should be assigned a single antidumping duty deposit rate. It is the Department’s policy to assign all exporters of merchandise subject to review in an NME country this single rate unless an exporter can demonstrate that it is sufficiently independent so as to be entitled to a separate rate. In the preliminary results, we found that Kangfa demonstrated its eligibility for separate rate status. We received no comments from interested parties regarding Kangfa’s separate rate status. In these final results of review, we continue to find the evidence placed on the record by Kangfa demonstrates an absence of government control, both in law and in fact, with respect to Kangfa’s exports of the merchandise under review. Thus, we have determined that Kangfa is eligible to receive a separate rate. Changes Since the Preliminary Results We made no changes to the preliminary results. Combination Rate In new shipper reviews, the Department may, pursuant to 19 CFR 351.107(b), establish a combination cash deposit rate for each combination of the exporter and its supplying producer(s). See Fresh Garlic From the People’s Republic of China: Final Results of 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). PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 Final Results of Review Exporter/Manufacturer Weighted-Average margin (Percentage) Linyi City Kangfa Foodstuff Drinkable Co., Ltd. ................ 0.00 Assessment Rates Pursuant to these final results, the Department determined, and CBP shall assess, antidumping duties on all appropriate entries. The Department intends to issue assessment instructions for Kangfa to CBP 15 days after the date of publication of these final results of new shipper review. Pursuant to 19 CFR 351.212(b)(1), we calculated importerspecific (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 (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 new shipper review for all shipments of subject merchandise by Kangfa entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by section 751(a)(2)(C) E:\FR\FM\10DEN1.SGM 10DEN1 65522 Federal Register / Vol. 74, No. 236 / Thursday, December 10, 2009 / Notices of the Tariff Act of 1930, as amended (the Act): (1) For subject merchandise produced and exported by Kangfa, the cash deposit rate will be zero; (2) for subject merchandise exported by Kangfa, but not manufactured by Kangfa, the cash deposit rate will continue to be the PRC-wide rate (i.e., 198.63 percent); and (3) for subject merchandise manufactured by Kangfa, but exported by any party other than Kangfa, 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 mstockstill on DSKH9S0YB1PROD with NOTICES 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: December 4, 2009. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. [FR Doc. E9–29469 Filed 12–9–09; 8:45 am] BILLING CODE 3510–DS–P VerDate Nov<24>2008 17:19 Dec 09, 2009 Jkt 220001 DEPARTMENT OF COMMERCE International Trade Administration [A–427–801] Ball Bearings and Parts Thereof From France: Final Results of ChangedCircumstances Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) has determined, pursuant to section 751(b) of the Tariff Act of 1930, as amended (the Act), that SKF Aeroengine France S.A.S.U. (SKF Aeroengine) is the successor-in-interest to SNFA S.A.S.U. and, as a result, should be accorded the same treatment as SNFA S.A.S.U. DATES: Effective Date: December 10, 2009. FOR FURTHER INFORMATION CONTACT: Kristin Case or Richard Rimlinger, AD/ CVD Operations, Office 5, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; (202) 482–3174 or (202) 482–4477, respectively. SUPPLEMENTARY INFORMATION: Background The Department of Commerce (the Department) published an antidumping duty order on ball bearings and parts thereof from France on May 15, 1989. See Antidumping Duty Orders: Ball Bearings, Cylindrical Roller Bearings, Spherical Plain Bearings, and Parts Thereof From France, 54 FR 20902 (May 15, 1989). On August 11, 2000, the Department revoked the order, effective May 1, 1999, with respect to sales of ball bearings by SNFA S.A. (subsequently SNFA S.A.S.U.) (SNFA France). See Antifriction Bearings (Other Than Tapered Roller Bearings) and Parts Thereof From France, Germany, Italy, Japan, Romania, Singapore, Sweden, and the United Kingdom; Final Results of Antidumping Duty Administrative Reviews and Revocation of Orders in Part, 65 FR 49219, 49221 (August 11, 2000). On March 2, 2007, pursuant to a request from SNFA France, SKF France S.A., and SKF Aerospace France S.A.S., we initiated a changed-circumstances review in order to determine whether SNFA France was a successor-ininterest to SKF France S.A. following SNFA France’s acquisition by that company or, alternatively, that postacquisition SNFA France was the successor-in-interest to the pre- PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 acquisition SNFA France. See Ball Bearings and Parts Thereof from France: Initiation of an Antidumping Duty Changed-Circumstances Review, 72 FR 9513 (March 2, 2007). During the course of the changed-circumstances review, the companies informed the Department that SNFA France would be changing its name to SKF Aeroengine. On June 29, 2007, we initiated an administrative review of the antidumping duty order on ball bearings and parts thereof from France for the period May 1, 2006, through April 30, 2007, with respect to SKF France S.A. and SKF Aerospace France S.A.S. See Initiation of Antidumping and Countervailing Duty Administrative Reviews, Request for Revocation in Part and Deferral of Administrative Review, 72 FR 35690 (June 29, 2007). On October 26, 2007, we rescinded the changed-circumstances review initiated on March 2, 2007, and explained that, because we had initiated an administrative review with respect to SKF France S.A. and SKF Aerospace France S.A.S., we would address any issues that had arisen during the course of the changed-circumstances review in the context of the administrative review. See Ball Bearings and Parts Thereof from France and Italy: Rescission of Antidumping Duty ChangedCircumstances Reviews, 72 FR 60798, 60799 (October 26, 2007). In the final results of the 2006/07 administrative review, we determined that postacquisition SNFA France was the successor-in-interest to pre-acquisition SNFA France and that SNFA France had not changed its name to SKF Aeroengine until after the period of review. See Ball Bearings and Parts Thereof From France, Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews and Rescission of Reviews in Part, 73 FR 52823 (September 11, 2008), and accompanying Issues and Decision Memorandum at Comment 12 (AFBs Final Results). On February 6, 2009, SKF Aeroengine requested that, because the Department appeared to have left open the effect of the name change from SNFA France to SKF Aeroengine on its determination in AFBs Final Results, the Department either confirm that its determination encompassed the name change or, in the alternative, the Department initiate a changed-circumstances review to determine whether SKF Aeroengine is the successor-in-interest to SNFA France. On March 30, 2009, we initiated a changed-circumstances review. See Ball Bearings and Parts Thereof from France: Initiation of Antidumping Duty E:\FR\FM\10DEN1.SGM 10DEN1

Agencies

[Federal Register Volume 74, Number 236 (Thursday, December 10, 2009)]
[Notices]
[Pages 65520-65522]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-29469]


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

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 October 2, 2009, 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 Linyi 
City Kangfa Foodstuff Drinkable Co., Ltd. (Kangfa). See Certain 
Preserved Mushrooms From the People's Republic of China: Preliminary 
Results of Antidumping Duty New Shipper Review, 73 FR 50946 (October 2, 
2009) (Preliminary Results). We gave interested parties an opportunity 
to comment on the

[[Page 65521]]

Preliminary Results, and received no comments. We also made no changes 
to the preliminary results for these final results. Therefore, the 
final results do not differ from the preliminary results.

DATES: Effective Date: December 10, 2009.

FOR FURTHER INFORMATION CONTACT: Fred Baker or Robert James, AD/CVD 
Operations, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482-
2924 or (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION: We published the preliminary results for 
this new shipper review on October 2, 2009. 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 due date for filing case 
briefs. See Preliminary Results at 50951. No interested party submitted 
a case or rebuttal brief.

Period of Review

    The period of review (POR) is February 1, 2008, through January 31, 
2009.

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.\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).
---------------------------------------------------------------------------

    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.
    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 the order is dispositive.

Separate Rates

    In proceedings involving non-market economy (NME) countries, the 
Department begins with a rebuttable presumption that all companies 
within the country are subject to government control and, thus, should 
be assigned a single antidumping duty deposit rate. It is the 
Department's policy to assign all exporters of merchandise subject to 
review in an NME country this single rate unless an exporter can 
demonstrate that it is sufficiently independent so as to be entitled to 
a separate rate.
    In the preliminary results, we found that Kangfa demonstrated its 
eligibility for separate rate status. We received no comments from 
interested parties regarding Kangfa's separate rate status. In these 
final results of review, we continue to find the evidence placed on the 
record by Kangfa demonstrates an absence of government control, both in 
law and in fact, with respect to Kangfa's exports of the merchandise 
under review. Thus, we have determined that Kangfa is eligible to 
receive a separate rate.

Changes Since the Preliminary Results

    We made no changes to the preliminary results.

Combination Rate

    In new shipper reviews, the Department may, pursuant to 19 CFR 
351.107(b), establish a combination cash deposit rate for each 
combination of the exporter and its supplying producer(s). See Fresh 
Garlic From the People's Republic of China: Final Results of 
Antidumping Duty New Shipper Review, 67 FR 72139 at 72140 (December 4, 
2002); Notice of Final Results of Antidumping Duty New Shipper Review: 
Certain In-Shell Raw Pistachios From Iran, 68 FR 353 at 354 (January 3, 
2003); and Certain Forged Stainless Steel Flanges From India: Final 
Results of Antidumping Duty New Shipper Review, 68 FR 351 (January 3, 
2003). The Department has determined that a combination rate is 
appropriate in this case, as Kangfa is both the producer and exporter 
of the subject merchandise. Therefore, the Department will include in 
its cash deposit instructions to U.S. Customs and Border Protection 
(CBP) appropriate language to enforce these final results of new 
shipper review on the basis of a combination rate involving Kangfa as 
both the producer and exporter of the subject merchandise.

Final Results of Review

    The Department has determined that the following margin exists for 
the period February 1, 2008, through January 31, 2009:

------------------------------------------------------------------------
                                                      Weighted-Average
              Exporter/Manufacturer                 margin (Percentage)
------------------------------------------------------------------------
Linyi City Kangfa Foodstuff Drinkable Co., Ltd...                  0.00
------------------------------------------------------------------------

Assessment Rates

    Pursuant to these final results, the Department determined, and CBP 
shall assess, antidumping duties on all appropriate entries. The 
Department intends to issue assessment instructions for Kangfa to CBP 
15 days after the date of publication of these final results of new 
shipper review. Pursuant to 19 CFR 351.212(b)(1), we calculated 
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 (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 new shipper review for all 
shipments of subject merchandise by Kangfa entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided by section 751(a)(2)(C)

[[Page 65522]]

of the Tariff Act of 1930, as amended (the Act): (1) For subject 
merchandise produced and exported by Kangfa, the cash deposit rate will 
be zero; (2) for subject merchandise exported by Kangfa, but not 
manufactured by Kangfa, the cash deposit rate will continue to be the 
PRC-wide rate (i.e., 198.63 percent); and (3) for subject merchandise 
manufactured by Kangfa, but exported by any party other than Kangfa, 
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: December 4, 2009.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E9-29469 Filed 12-9-09; 8:45 am]
BILLING CODE 3510-DS-P