Certain Preserved Mushrooms From the People's Republic of China: Final Results and Final Rescission in Part, of Antidumping Duty New Shipper Reviews, 16604-16606 [2011-6996]

Download as PDF 16604 Federal Register / Vol. 76, No. 57 / Thursday, March 24, 2011 / Notices DEPARTMENT OF AGRICULTURE Forest Service Siskiyou Resource Advisory Committee To Meet April 18, 2011 ACTION: Notice of Meeting. The Siskiyou County Resource Advisory Committee (RAC) will meet April 18, 2011. DATES: The meeting will be held on April 18, 2011 and will begin at 4 p.m. ADDRESSES: The meeting will be held at the Klamath National Forest Supervisor’s Office, Conference Room, 1312 Fairlane Road, Yreka, CA. FOR FURTHER INFORMATION CONTACT: Kerry Greene, Committee Coordinator, USDA, Klamath National Forest, Supervisor’s Office, 1312 Fairlane Road, Yreka, CA 96097. (530) 841–4484; email kggreene@fs.fed.us. SUPPLEMENTARY INFORMATION: The agenda includes project updates and financial status, and presentation and review of new project proposals to be considered by the RAC. The meeting is open to the public. Opportunity for public comment will be provided and individuals will have the opportunity to address the Committee at that time. SUMMARY: Dated: March 17, 2011. Patricia A. Grantham, Forest Supervisor, Klamath National Forest. Department of Commerce, Room 6616, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at dHynek@doc.gov). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument and instructions should be directed to Larry Hall, BIS ICB Liaison, (202) 482–4895, lhall@bis.doc.gov. SUPPLEMENTARY INFORMATION: I. Abstract II. Method of Collection [FR Doc. 2011–6934 Filed 3–23–11; 8:45 am] BILLING CODE 3410–11–P III. Data OMB Control Number: 0694–0134. Form Number(s): None. Type of Review: Regular submission. Affected Public: Business or other forprofit organizations. Estimated Number of Respondents: 5. Estimated Time per Response: 3 hours. Estimated Total Annual Burden Hours: 15. Estimated Total Annual Cost to Public: $0. Bureau of Industry and Security Proposed Information Collection; Comment Request; Procedure for Parties on the Entity List To Request Removal or Modification of Their Listing Bureau of Industry and Security, Department of Commerce. ACTION: Notice. AGENCY: emcdonald on DSK2BSOYB1PROD with NOTICES IV. Request for Comments The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. DATES: Written comments must be submitted on or before May 23, 2011. ADDRESSES: Direct all written comments to Diana Hynek, Departmental Paperwork Clearance Officer, SUMMARY: VerDate Mar<15>2010 16:17 Mar 23, 2011 Jkt 223001 Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques PO 00000 Frm 00008 Dated: March 18, 2011. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. 2011–6906 Filed 3–23–11; 8:45 am] This collection is needed to provide a procedure for persons or organizations listed on the Entity List to request removal or modification of the entry that affects them. The Entity List appears at 15 CFR part 744, Supp. No. 1. The Entity List is used to inform the public of certain parties whose presence in a transaction that is subject to the Export Administration Regulations (15 CFR parts 730–799) requires a license from the Bureau of Industry and Security (BIS). Such requests would be reviewed by the Departments of Commerce, State, and Defense, and Energy and Treasury as appropriate. The interagency decision, as communicated to the requesting entity by BIS, would be the final agency action on such a request. This is a voluntary collection. Submitted electronically or paper format. DEPARTMENT OF COMMERCE or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. Fmt 4703 Sfmt 4703 BILLING CODE 3510–33–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–851] Certain Preserved Mushrooms From the People’s Republic of China: Final Results and Final Rescission in Part, of Antidumping Duty New Shipper Reviews Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: March 24, 2011. SUMMARY: On October 29, 2010, the Department of Commerce (the Department) published in the Federal Register the preliminary results of the new shipper reviews (NSRs) of the antidumping duty order on certain preserved mushrooms from the People’s Republic of China (PRC) for Shandong Fengyu Edible Fungus Corporation, Ltd. (Fengyu) 1 and Zhangzhou Tongfa Foods Industry Co., Ltd. (Tongfa). See Certain Preserved Mushrooms from the People’s Republic of China: Preliminary Results of Antidumping Duty New Shipper Reviews, 75 FR 66729 (October 29, 2010) (Preliminary Results). We gave interested parties an opportunity to comment on the Preliminary Results, and received no comments. On February 9, 2011, we issued a memorandum announcing our intent to rescind the NSR with respect to Fengyu because we were unable to make an affirmative determination that there was a consumption entry produced by Fengyu during the period of review (POR), which was February 1, 2009 AGENCY: 1 On March 31, 2010, we initiated this NSR on ‘‘Shandong Fengyu Edible Fungus Corporation Ltd.’’ See Certain Preserved Mushrooms from the People’s Republic of China: Notice of Initiation of Antidumping Duty New Shipper Reviews, 75 FR 16075 (March 31, 2010) (Initiation Notice). However, in the Preliminary Results, the Department inadvertently referred to Fengyu as, ‘‘Shandong Fengyu Edible Fungus Co., Ltd.’’ For the purposes of this NSR, the company’s name, as reported to the Department, should be as it appears in the Initiation Notice and these final results. E:\FR\FM\24MRN1.SGM 24MRN1 Federal Register / Vol. 76, No. 57 / Thursday, March 24, 2011 / Notices emcdonald on DSK2BSOYB1PROD with NOTICES through January 31, 2010. We gave interested parties an opportunity to comment on our intent to rescind the NSR with respect to Fengyu, and received comments from Fengyu on March 15, 2011.2 With respect to Tongfa, we made no changes to the Preliminary Results, and in these final results we find that this company has not made sales in the United States at below normal value and is eligible for its own individual weighted-average dumping margin. However, with respect to Fengyu, after reviewing the totality of the evidence on the record, we continue to be unable to affirmatively determine the existence of a consumption entry of subject merchandise during the POR. Accordingly, we have determined that it is appropriate to rescind the NSR with respect to Fengyu. For further information, see ‘‘Issues and Decision Memorandum for the Final Results in the Antidumping Duty New Shipper Reviews of Certain Preserved Mushrooms from the People’s Republic of China,’’ which is dated concurrently with this notice (I&D Memorandum). FOR FURTHER INFORMATION CONTACT: Fred Baker, Scott Hoefke, 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, (202) 482– 4947 or (202) 482–0649, respectively. SUPPLEMENTARY INFORMATION: Background We published the Preliminary Results for these NSRs on October 29, 2010. In the Preliminary Results, the Department invited interested parties 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 66734. No interested party submitted a case brief or rebuttal brief. On February 9, 2011, the Department put on the record a memorandum providing notice to interested parties of the Department’s intent to rescind the NSR of Fengyu on the basis that the record did not affirmatively demonstrate that subject merchandise produced and exported by Fengyu entered the United States for consumption during the POR. See Memorandum to the File from Scott 2 Fengyu originally submitted comments on February 11, 2011, but pursuant to 19 CFR 351.302(d) we returned the submission to Fengyu because it contained new, unsolicited factual information that, pursuant to 19 CFR 351.301(b)(2) we determined was untimely. After removing the unsolicited information, Fengyu resubmitted its comments on March 15, 2011. VerDate Mar<15>2010 16:17 Mar 23, 2011 Jkt 223001 Hoefke: Intent to Rescind the New Shipper Review of Certain Preserved Mushrooms from the People’s Republic of China for Shandong Fengyu Edible Fungus Corporation Ltd. dated February 9, 2011. On March 15, 2011, Fengyu submitted comments regarding the Department’s intent to rescind its review. Analysis of Comments Received All issues raised by parties are addressed in the I&D Memorandum. A list of the issues which parties raised, and to which we respond in the I&D Memorandum, is attached to this notice as an Appendix. The I&D Memorandum is a public document and is on file in the Central Records Unit (CRU), Main Commerce Building, Room 7046, and is accessible on the Department’s Web site at http://www.trade.gov/ia. The paper copy and electronic version of the memorandum are identical in content. Period of Review The POR is February 1, 2009, through January 31, 2010. 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.3 Excluded from the scope of this order are the following: (1) All other species of mushroom, including straw 3 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, the United States Court of Appeals for the Federal Circuit upheld this decision. See Tak Fat v. United States, 396 F.3d 1378 (Fed. Cir. 2005). PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 16605 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 this order is dispositive. Separate Rates Determination A designation of a country as a nonmarket economy (NME) remains in effect until it is revoked by the Department. See section 771(18)(C) of the Tariff Act of 1930, as amended (the Act). Accordingly, there is a rebuttable presumption that all companies within the PRC are subject to government control, and thus should be assessed a single antidumping duty rate. As we fully explained in the Preliminary Results, it is the Department’s policy to assign all exporters of the merchandise subject to review in NME countries a single rate unless an exporter can affirmatively demonstrate an absence of government control, both in law (de jure) and in fact (de facto), with respect to exports. See Preliminary Results, 75 FR 66730–31. As we also fully explained in the Preliminary Results, consistent with our practice the Department also investigates whether the sale reported by a company requesting an NSR is commercially reasonable and, therefore, bona fide. See id. at 66731. In the Preliminary Results, the Department announced its determination that Tongfa had demonstrated its eligibility for separate rate status. We received no comments from interested parties regarding this determination. In these final results of review, we continue to find that the evidence placed on the record by Tongfa demonstrates the absence of government control, both in law and in fact, with respect to its shipment of the merchandise under review, and that Tongfa’s single sale was bona fide. Thus, we have made no changes to the Preliminary Results with respect to Tongfa and continue to determine that this company is eligible to receive a separate rate and its own individual weighted-average dumping margin. E:\FR\FM\24MRN1.SGM 24MRN1 16606 Federal Register / Vol. 76, No. 57 / Thursday, March 24, 2011 / Notices Rescission in-Part Pursuant to 19 CFR 351.214(f)(2), the Department may rescind an NSR, in whole or in part, if: (1) At the end of the normal period of review, there has not been an entry and sale to an unaffiliated customer in the United States of subject merchandise; and (2) an expansion of the normal period of review to include an entry and sale to an unaffiliated customer in the United States of subject merchandise would be likely to prevent the completion of the NSR within the time limits set forth by 19 CFR 351.214(i). Based on the record evidence, we are unable to make an affirmative determination that subject merchandise produced and exported by Fengyu actually entered the United States for consumption during the POR. Thus, in the absence of a reviewable entry, consistent with 19 CFR 351.214(f)(2)(i), we are rescinding this NSR with respect to Fengyu. Because we are rescinding this NSR with respect to Fengyu, the presumption that Fengyu is part of the PRC-wide entity will remain in effect. Therefore, effective the date of publication of these final results, entries of subject merchandise produced and exported by Fengyu will be subject to the PRC-wide cash deposit rate of 198.63 percent. See I&D Memorandum at Comment 1. Final Results of the Review The Department has determined that the following margin exists for the period February 1, 2009, through January 31, 2010: We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review if any importer-specific (or costumer) assessment rate calculated in the final results of this review is above de minimis. Cash Deposit Requirements The following cash deposit requirements, when imposed, will be effective upon publication of the final results of this NSR for all shipments of subject merchandise exported by Tongfa and entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by section 751(a)(2)(C) of the Act: (1) For subject merchandise produced and exported by Tongfa, the cash-deposit rate will be that established in the final results of this review; (2) for subject merchandise exported by Tongfa but not produced by Tongfa, respectively, the cash deposit rate will continue to be the PRC-wide rate (i.e., 198.63 percent); (3) for subject merchandise produced by Tongfa, but exported by any other party, the cash deposit rate will be the rate applicable to the exporter; and (4) for subject merchandise produced and exported by Fengyu, the cash deposit rate continues to be the PRC-wide rate (i.e., 198.63 percent). Since the cash deposit rate calculated for Tongfa in the final results is zero or de minimis, a zero cash deposit will be required for entries of subject merchandise both produced and exported by Tongfa. These cash deposit requirements, when imposed, shall remain in effect until further notice. emcdonald on DSK2BSOYB1PROD with NOTICES CERTAIN PRESERVED MUSHROOMS FROM THE PRC Notification to Importers This notice serves as a final reminder to importers of their responsibility Weighted-average Producer-exporter under 19 CFR 351.402(f)(2) to file a margin (percent) certificate regarding the reimbursement Zhangzhou Tongfa of antidumping duties prior to Foods Industry Co., liquidation of the relevant entries Ltd. ............................ 0.00 during this POR. Failure to comply with this requirement could result in the Assessment Rates Secretary’s presumption that Consistent with these final results, reimbursement of antidumping duties and pursuant to section 751(a)(2)(B) of occurred and the subsequent assessment the Act and 19 CFR 351.212(b)(1), the of double antidumping duties. Department will direct CBP to assess Administrative Protective Order antidumping duties on all appropriate This notice also serves as a reminder entries. The Department will issue to parties subject to administrative appropriate assessment instructions to protective orders (APO) of their CBP 15 days after the date of responsibility concerning the return or publication of the final results of this destruction proprietary information review. Pursuant to 19 CFR disclosed under APO in accordance 351.212(b)(1), we calculated importerwith 19 CFR 351.305, which continues specific ad valorem duty assessment rates based on the ratio of the total to govern business proprietary amount of the dumping margins information in this segment of the calculated for the examined sales to the proceeding. Timely written notification total entered value of those same sales. of the return/destruction of APO VerDate Mar<15>2010 16:17 Mar 23, 2011 Jkt 223001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 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 notice is published in accordance with sections 751(a)(2)(B) and 777(i) of the Act and 19 CFR 351.214. Dated: March 18, 2011. Kim Glas, Acting Deputy Assistant Secretary for Import Administration. Appendix Comment 1. Rescission of Review [FR Doc. 2011–6996 Filed 3–23–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Meeting of the Manufacturing Council International Trade Administration, U.S. Department of Commerce. ACTION: Notice of an open meeting. AGENCY: The Manufacturing Council will hold a meeting to discuss competitiveness, energy issues, export/import issues and workforce development issues affecting the U.S. manufacturing sector and to receive briefings from the Departments of Commerce, the Treasury, Labor, and Energy on their activities relating to the U.S. manufacturing sector. DATES: April 7, 2011. Time: 9:30 a.m.–11:30 a.m. ADDRESSES: U.S. Department of Commerce, 1401 Constitution Avenue, NW., Washington, DC 20230. All guests are requested to register in advance. This program will be physically accessible to people with disabilities. Seating is limited and will be on a first come, first served basis. Requests for sign language interpretation, other auxiliary aids, or pre-registration, should be submitted no later than March 31, 2011, to Jennifer Pilat, the Manufacturing Council, Room 4043, 1401 Constitution Avenue, NW., Washington, DC 20230, telephone 202– 482–4501, jennifer.pilat@trade.gov. Last minute requests will be accepted, but may be impossible to fill. FOR FURTHER INFORMATION CONTACT: Jennifer Pilat, the Manufacturing Council, Room 4043, 1401 Constitution Avenue, NW., Washington, DC 20230, telephone: 202–482–4501, e-mail: jennifer.pilat@trade.gov. SUMMARY: E:\FR\FM\24MRN1.SGM 24MRN1

Agencies

[Federal Register Volume 76, Number 57 (Thursday, March 24, 2011)]
[Notices]
[Pages 16604-16606]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-6996]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-851]


Certain Preserved Mushrooms From the People's Republic of China: 
Final Results and Final Rescission in Part, of Antidumping Duty New 
Shipper Reviews

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

DATES: Effective Date: March 24, 2011.
SUMMARY: On October 29, 2010, the Department of Commerce (the 
Department) published in the Federal Register the preliminary results 
of the new shipper reviews (NSRs) of the antidumping duty order on 
certain preserved mushrooms from the People's Republic of China (PRC) 
for Shandong Fengyu Edible Fungus Corporation, Ltd. (Fengyu) \1\ and 
Zhangzhou Tongfa Foods Industry Co., Ltd. (Tongfa). See Certain 
Preserved Mushrooms from the People's Republic of China: Preliminary 
Results of Antidumping Duty New Shipper Reviews, 75 FR 66729 (October 
29, 2010) (Preliminary Results). We gave interested parties an 
opportunity to comment on the Preliminary Results, and received no 
comments.
---------------------------------------------------------------------------

    \1\ On March 31, 2010, we initiated this NSR on ``Shandong 
Fengyu Edible Fungus Corporation Ltd.'' See Certain Preserved 
Mushrooms from the People's Republic of China: Notice of Initiation 
of Antidumping Duty New Shipper Reviews, 75 FR 16075 (March 31, 
2010) (Initiation Notice). However, in the Preliminary Results, the 
Department inadvertently referred to Fengyu as, ``Shandong Fengyu 
Edible Fungus Co., Ltd.'' For the purposes of this NSR, the 
company's name, as reported to the Department, should be as it 
appears in the Initiation Notice and these final results.
---------------------------------------------------------------------------

    On February 9, 2011, we issued a memorandum announcing our intent 
to rescind the NSR with respect to Fengyu because we were unable to 
make an affirmative determination that there was a consumption entry 
produced by Fengyu during the period of review (POR), which was 
February 1, 2009

[[Page 16605]]

through January 31, 2010. We gave interested parties an opportunity to 
comment on our intent to rescind the NSR with respect to Fengyu, and 
received comments from Fengyu on March 15, 2011.\2\
---------------------------------------------------------------------------

    \2\ Fengyu originally submitted comments on February 11, 2011, 
but pursuant to 19 CFR 351.302(d) we returned the submission to 
Fengyu because it contained new, unsolicited factual information 
that, pursuant to 19 CFR 351.301(b)(2) we determined was untimely. 
After removing the unsolicited information, Fengyu resubmitted its 
comments on March 15, 2011.
---------------------------------------------------------------------------

    With respect to Tongfa, we made no changes to the Preliminary 
Results, and in these final results we find that this company has not 
made sales in the United States at below normal value and is eligible 
for its own individual weighted-average dumping margin. However, with 
respect to Fengyu, after reviewing the totality of the evidence on the 
record, we continue to be unable to affirmatively determine the 
existence of a consumption entry of subject merchandise during the POR. 
Accordingly, we have determined that it is appropriate to rescind the 
NSR with respect to Fengyu. For further information, see ``Issues and 
Decision Memorandum for the Final Results in the Antidumping Duty New 
Shipper Reviews of Certain Preserved Mushrooms from the People's 
Republic of China,'' which is dated concurrently with this notice (I&D 
Memorandum).

FOR FURTHER INFORMATION CONTACT: Fred Baker, Scott Hoefke, 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, (202) 482-4947 or (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    We published the Preliminary Results for these NSRs on October 29, 
2010. In the Preliminary Results, the Department invited interested 
parties 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 66734. No 
interested party submitted a case brief or rebuttal brief.
    On February 9, 2011, the Department put on the record a memorandum 
providing notice to interested parties of the Department's intent to 
rescind the NSR of Fengyu on the basis that the record did not 
affirmatively demonstrate that subject merchandise produced and 
exported by Fengyu entered the United States for consumption during the 
POR. See Memorandum to the File from Scott Hoefke: Intent to Rescind 
the New Shipper Review of Certain Preserved Mushrooms from the People's 
Republic of China for Shandong Fengyu Edible Fungus Corporation Ltd. 
dated February 9, 2011. On March 15, 2011, Fengyu submitted comments 
regarding the Department's intent to rescind its review.

Analysis of Comments Received

    All issues raised by parties are addressed in the I&D Memorandum. A 
list of the issues which parties raised, and to which we respond in the 
I&D Memorandum, is attached to this notice as an Appendix. The I&D 
Memorandum is a public document and is on file in the Central Records 
Unit (CRU), Main Commerce Building, Room 7046, and is accessible on the 
Department's Web site at http://www.trade.gov/ia. The paper copy and 
electronic version of the memorandum are identical in content.

Period of Review

    The POR is February 1, 2009, through January 31, 2010.

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.\3\
---------------------------------------------------------------------------

    \3\ 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, the United States Court of 
Appeals for the Federal Circuit upheld this decision. 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 this order is dispositive.

Separate Rates Determination

    A designation of a country as a non-market economy (NME) remains in 
effect until it is revoked by the Department. See section 771(18)(C) of 
the Tariff Act of 1930, as amended (the Act). Accordingly, there is a 
rebuttable presumption that all companies within the PRC are subject to 
government control, and thus should be assessed a single antidumping 
duty rate. As we fully explained in the Preliminary Results, it is the 
Department's policy to assign all exporters of the merchandise subject 
to review in NME countries a single rate unless an exporter can 
affirmatively demonstrate an absence of government control, both in law 
(de jure) and in fact (de facto), with respect to exports. See 
Preliminary Results, 75 FR 66730-31. As we also fully explained in the 
Preliminary Results, consistent with our practice the Department also 
investigates whether the sale reported by a company requesting an NSR 
is commercially reasonable and, therefore, bona fide. See id. at 66731.
    In the Preliminary Results, the Department announced its 
determination that Tongfa had demonstrated its eligibility for separate 
rate status. We received no comments from interested parties regarding 
this determination. In these final results of review, we continue to 
find that the evidence placed on the record by Tongfa demonstrates the 
absence of government control, both in law and in fact, with respect to 
its shipment of the merchandise under review, and that Tongfa's single 
sale was bona fide. Thus, we have made no changes to the Preliminary 
Results with respect to Tongfa and continue to determine that this 
company is eligible to receive a separate rate and its own individual 
weighted-average dumping margin.

[[Page 16606]]

Rescission in-Part

    Pursuant to 19 CFR 351.214(f)(2), the Department may rescind an 
NSR, in whole or in part, if: (1) At the end of the normal period of 
review, there has not been an entry and sale to an unaffiliated 
customer in the United States of subject merchandise; and (2) an 
expansion of the normal period of review to include an entry and sale 
to an unaffiliated customer in the United States of subject merchandise 
would be likely to prevent the completion of the NSR within the time 
limits set forth by 19 CFR 351.214(i).
    Based on the record evidence, we are unable to make an affirmative 
determination that subject merchandise produced and exported by Fengyu 
actually entered the United States for consumption during the POR. 
Thus, in the absence of a reviewable entry, consistent with 19 CFR 
351.214(f)(2)(i), we are rescinding this NSR with respect to Fengyu. 
Because we are rescinding this NSR with respect to Fengyu, the 
presumption that Fengyu is part of the PRC-wide entity will remain in 
effect. Therefore, effective the date of publication of these final 
results, entries of subject merchandise produced and exported by Fengyu 
will be subject to the PRC-wide cash deposit rate of 198.63 percent. 
See I&D Memorandum at Comment 1.

Final Results of the Review

    The Department has determined that the following margin exists for 
the period February 1, 2009, through January 31, 2010:

                Certain Preserved Mushrooms From the PRC
------------------------------------------------------------------------
                                                       Weighted-average
                  Producer-exporter                    margin (percent)
------------------------------------------------------------------------
Zhangzhou Tongfa Foods Industry Co., Ltd............                0.00
------------------------------------------------------------------------

Assessment Rates

    Consistent with these final results, and pursuant to section 
751(a)(2)(B) of the Act and 19 CFR 351.212(b)(1), the Department will 
direct CBP to assess antidumping duties on all appropriate entries. The 
Department will issue appropriate assessment instructions to CBP 15 
days after the date of publication of the final results of this review. 
Pursuant to 19 CFR 351.212(b)(1), we calculated 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 (or costumer) assessment rate calculated in the 
final results of this review is above de minimis.

Cash Deposit Requirements

    The following cash deposit requirements, when imposed, will be 
effective upon publication of the final results of this NSR for all 
shipments of subject merchandise exported by Tongfa and entered, or 
withdrawn from warehouse, for consumption on or after the publication 
date, as provided by section 751(a)(2)(C) of the Act: (1) For subject 
merchandise produced and exported by Tongfa, the cash-deposit rate will 
be that established in the final results of this review; (2) for 
subject merchandise exported by Tongfa but not produced by Tongfa, 
respectively, the cash deposit rate will continue to be the PRC-wide 
rate (i.e., 198.63 percent); (3) for subject merchandise produced by 
Tongfa, but exported by any other party, the cash deposit rate will be 
the rate applicable to the exporter; and (4) for subject merchandise 
produced and exported by Fengyu, the cash deposit rate continues to be 
the PRC-wide rate (i.e., 198.63 percent). Since the cash deposit rate 
calculated for Tongfa in the final results is zero or de minimis, a 
zero cash deposit will be required for entries of subject merchandise 
both produced and exported by Tongfa. These cash deposit requirements, 
when imposed, shall remain in effect until further notice.

Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) 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 double antidumping duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction 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 notice is published in accordance with sections 751(a)(2)(B) 
and 777(i) of the Act and 19 CFR 351.214.

    Dated: March 18, 2011.
Kim Glas,
Acting Deputy Assistant Secretary for Import Administration.

Appendix

    Comment 1. Rescission of Review

[FR Doc. 2011-6996 Filed 3-23-11; 8:45 am]
BILLING CODE 3510-DS-P