[Federal Register Volume 74, Number 156 (Friday, August 14, 2009)]
[Notices]
[Pages 41123-41124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19561]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-570-851)


Certain Preserved Mushrooms From the People's Republic of China: 
Notice of Rescission of Antidumping Duty Administrative Review:

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

SUMMARY: In response to a request from Fujian Yu Xing Fruit and 
Vegetable Foodstuff Development Co., Ltd. (Yu Xing), the U.S. 
Department of Commerce (the Department) initiated an administrative 
review of the antidumping duty order on certain preserved mushrooms 
from the People's Republic of China for the period February 1, 2008, 
through January 31, 2009. See Initiation of Antidumping and 
Countervailing Duty Administrative Reviews and Request for Revocation 
in Part, 74 19042 (April 27, 2009) (Initiation Notice). No other 
interested party requested an administrative review for this period. On 
July 24, 2009, Yu Xing withdrew its request for an administrative 
review. The withdrawal request was filed in a timely manner. Therefore, 
as discussed below, the Department is rescinding this administrative 
review.

EFFECTIVE DATE: August 14, 2009.

FOR FURTHER INFORMATION CONTACT: Tyler Weinhold 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) 482-1121 
or (202) 482-0649 respectively.

SUPPLEMENTARY INFORMATION:

Background

    On February 4, 2009, the Department published in the Federal 
Register its notice of opportunity to request an administrative review 
of the antidumping duty order on certain preserved mushrooms from the 
People's Republic of China (PRC). See Antidumping or Countervailing 
Duty Order, Finding, or Suspended Investigation; Opportunity to Request 
Administrative Review, 74 FR 6013 (February 4, 2009). On March 2, 2009, 
Yu Xing requested an administrative review in accordance with 19 CFR 
351.213(b)(1). No other interested party requested an administrative 
review for this period.
    On April 27, 2009, the Department published in the Federal Register 
a notice of the initiation of the antidumping duty administrative 
review of certain preserved mushrooms from the PRC for the period 
February 1, 2008, through January 31, 2009, with respect to Yu Xing. 
See Initiation Notice.
    Yu Xing filed its section A response on June 2, 2009 and its 
section C and D responses on June 16, 2009. On July 24, 2009, pursuant 
to 19 CFR 351.213(d)(1), Yu Xing withdrew its requests for an 
administrative review.

Rescission of Administrative Review

    Section 351.213(d)(1) of the Department's regulations provide that 
the Department will rescind an administrative review if the party that 
requested the review withdraws its request for review within 90 days of 
the date of publication of the notice of initiation of the requested 
review, or withdraws at a later date if the Department determines that 
it is reasonable to extend the time limit for withdrawing the request. 
The Department initiated the administrative review of the antidumping 
duty order on April 27, 2009. Yu Xing withdrew its request for an 
administrative review on July 24, 2009. The withdrawal was timely filed 
and as the rescission was requested within 90 days of the publication 
of the initiation of the administrative review. See 19 CFR 
351.213(d)(1). Accordingly, the Department is rescinding this 
administrative review. Yu Xing has a separate rate, and we intend to 
issue liquidation instructions for Yu Xing 15 days after publication of 
this notice.

Notification to Importers

    This notice serves as a reminder to importers of their 
responsibility under section 351.402(f) of the Department's regulations 
to file a certificate regarding the reimbursement of antidumping duties 
prior to liquidation of the relevant entries during this review period. 
Failure to comply with this requirement could result in the secretary's 
assumption that reimbursement of antidumping duties occurred and 
subsequent assessment of double antidumping duties.

[[Page 41124]]

Notification Regarding APO's

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with section 351.305(a)(3) of the Department's 
regulations. 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.This notice is issued and published in 
accordance with section 777(i)(1) of the Tariff Act of 1930, as 
amended, and 19 CFR 351.213(d)(4).

    Dated: August 10, 2009.
John M. Andersen,
 Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. E9-19561 Filed 8-13-09; 8:45 am]
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