Certain Preserved Mushrooms from the People's Republic of China: Amended Final Results Pursuant to Final Court Decision
On January 5, 2010, the United States Court of International Trade (CIT) sustained the Department of Commerce's (the Department's) results of redetermination pursuant to the CIT's remand in Gerber Food (Yunnan) Co., Ltd. and Green Fresh (Zhangzhou) Co., Ltd. v. United States, Court No. 04-00454 (May 5, 2009) (Gerber v. United States Remand Order). This matter arose from a challenge to the Department's final results of administrative review of the antidumping duty order on certain preserved mushrooms from the PRC for the period February 1, 2002, through January 31, 2003. In the remand redetermination, the Department: (1) recalculated the assessment rate for Gerber Food (Yunnan) Co., Ltd. using a rate other than the PRC-wide rate as partial adverse facts available (AFA) with respect to only those sales of subject merchandise made by Gerber during the period of review (POR) which Gerber exported to the United States using the invoices of Green Fresh (Zhangzhou) Co., Ltd. (Green Fresh); and (2) recalculated the assessment rate for Green Fresh based on the data it reported, exclusive of the aforementioned transactions, without resorting to facts available or adverse inferences. As there is now a final and conclusive court decision in this case, the Department is amending the final results of the 2002-2003 administrative review of certain preserved mushrooms from the People's Republic of China (PRC).