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Certain Preserved Mushrooms from China |
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Case Number: A-570-851 Anniversary Month: February Current Rates: Linyi City Kangfa Foodstuff Drinkable Co., Ltd. - 0.00% PRC-Wide Rate - 198.63% Scope: 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 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. 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 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). |
Linyi City Kangfa Foodstuff Drinkable Co., Ltd.,
Found Not Dumping in Antidumping Duty New Shipper Review of Mushrooms from China Affecting June 1, 2007 - May 31, 2008 entries.
On October 2, 2009, the U.S. Department of Commerce published its Preliminary Results of its antidumping duty new shipper review of certain preserved mushrooms from China. This review affects entries made February 1, 2008 - January 31, 2009. The Department of Commerce preliminarily determine that the sale made by Linyi City Kangfa Foodstuff Drinkable Co., Ltd., and its affiliated supplier Linyi City Kangfa Foodstuff Drinkable Co., Ltd., Pingyi Branch, was not made below normal value. Thus, the dumping margin assigend to Linyi City Kangfa Foodstuff Drinkable is 0.00%. If the Final Results do not change these results, entries of Linyi City Kangfa Foodstuff Drinkable preserved mushrooms will not require cash deposits for estimated antidumping duties. Keep track of the calendar! If the U.S. Customs and Border Protection does not liquidate the entries within six months, by law, it must liquidate them as entered. In this case, that would mean Customs and Border Protection would unfairly keep the cash deposit you paid. If your entries are liquidated as entered, you can protest the liquidation and receive a refund of your deposits.
History
DOC Determinations: Order | Amended Final Adminstrative Review 01-02: Initiation | Amended Final Administrative Review 03-04: Initiation | Final | Amended Final | 2nd Amended Final New Shipper 2004: Final Administrative Review 04-05: Initiation | Final New Shipper 2005: Final Administrative Review 05-06: Initiation | Final New Shipper 2006: Prelim | Final Administrative Review 06-07: Initiation | Rescission New Shipper 06-07: Prelim | Final New Shipper 2007: Prelim | Final Administrative Review 07-08: Initiation | Rescission New Shipper 07-08: Initiation | Prelim | Final New Shipper 2008: Initiation | Prelim | Final Administrative Review 08-09: Initiation | Rescission New Shipper 08-09: Initiation | Prelim | Final Administrative Review 09-10: Initiation | Prelim | New Shipper 09-10: Initiation New Shipper 2010: Initiation Current Rates: THIS LIST IS STILL BEING COMPILED - RATES LISTED MAY NOT BE THE CURRENT RATE FOR THE LISTED COMPANY Ayecue (Liaocheng). Foodstuff Co., Ltd - 0.00% Blue Field (Sichuan) Food Industrial Co., Ltd. - 0.00% Canned Goods Co. of Raoping - 142.11 China Processed Food I&E Co./Xiamen Jiahua I&E Trading Company, Ltd - 121.47 China Processed Food Import & Export Company (which includes its affiliates China National Cereals, Oils & Foodstuffs Import & Export Corporation, COFCO (Zhangzhou) Food Industrial Co., Ltd., Xiamen Jiahua Import & Export Trading Co., Ltd., and Fujian Yu Xing Fruit & Vegetable Foodstuff Development Co. - 19.02 % Dujiangyan Xingda Foodstuff Co., Ltd - 0.00% Fujian Provincial Cereals, Oils & Foodstuffs I&E Corp - 142.11 General Canned Foods Factory of Zhangzhou - 142.11 Gerber Food (Yunnan) Co., Ltd. - 92.11% Green Fresh (Zhangzhou) Co., Ltd. - 84.26% Guangxi Eastwing Trading Co., Ltd./Raoping CXF Foods, Inc. - 4.31% Guangxi Eastwing Trading Co., Ltd - 19.02% Guangxi Jisheng Foods, Inc. - 0.00% Jiangsu Cereals, Oils & Foodstuffs Group Import & Export Corporation - 142.11 Linyi City Kangfa Foodstuff Drinkable Co., Ltd. - 0.00% Primera Harvest (Xiangfan) Co., Ltd - 19.02% Putian Cannery Fujian Province - 142.11 Raoping Yucun Canned Foods Factory - 113.84 % Shenzhen Cofry Cereals, Oils, & Foodstuffs Co., Ltd - 151.15 Shanghai Foodstuffs I&E Corp - 142.11 Tak Fat Trading Co - 162.47 Xiamen Gulong I&E Co., Ltd - 142.11 Zhangzhou Gangchang Canned Foods Co., Ltd., Fujian - 0.00% Zhejiang Cereals, Oils & Foodstuffs I&E Corp - 142.11 Zhejiang Iceman Group Co., Ltd. - 0.00% PRC-Wide Rate - 198.63% |
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