[Federal Register Volume 64, Number 33 (Friday, February 19, 1999)]
[Notices]
[Pages 8311-8312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-4201]


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DEPARTMENT OF COMMERCE

International Trade Administration
[A-533-813]


Notice of Amendment of Final Determination of Sales at Less Than 
Fair Value and Antidumping Duty Order: Certain Preserved Mushrooms From 
India

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

EFFECTIVE DATE: February 19, 1999.

FOR FURTHER INFORMATION CONTACT: David J. Goldberger or Kate Johnson, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, N.W., 
Washington, D.C. 20230; telephone: (202) 482-4136 or (202) 482-4929, 
respectively.

The Applicable Statute

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (``the Act''), are references to the provisions 
effective January 1, 1995, the effective date of the amendments made to 
the Act by the Uruguay Round Agreements Act (``URAA''). In addition, 
unless otherwise indicated, all citations to the Department of Commerce 
(``Department'') regulations are to the regulations at 19 CFR Part 351 
(1998).

Amendment to the Final Determination

    On December 18, 1998, the Department made its final determination 
that certain preserved mushrooms from India are being, or are likely to 
be, sold in the United States at less than fair value. See Notice of 
Final Determination of Sales at Less Than Fair Value: Certain Preserved 
Mushrooms from India, 63 FR 72246, December 31, 1998 (``Final 
Determination''). We disclosed our calculations for the final 
determination to all interested parties on December 21 and 22, 1998.
    On January 8, 1999, we received a submission from the petitioners 
1 in the investigation alleging ministerial errors 
pertaining to the margin calculations in the Department's final 
determination.
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    \1\ L.K. Bowman, Inc., Modern Mushroom Farms, Inc., Monterey 
Mushrooms, Inc., Mount Laurel Canning Corp., Mushroom Canning 
Company, Southwood Farms, Sunny Dell Foods, Inc., and United Canning 
Corp.
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    After analyzing the submission, we have determined, in accordance 
with 19 CFR 351.224, that ministerial errors were made in the margin 
calculations for Ponds India Ltd. Specifically:
     We failed to include all mini mushroom models for cost of 
production calculation purposes.
     We failed to include all mini mushroom models for 
constructed value calculation purposes.
    For a detailed discussion of the ministerial error allegations and 
the Department's analysis, see Memorandum to Louis Apple from the Team, 
dated January 29, 1999.
    Therefore, in accordance with 19 CFR 351.224(e), we are amending 
the final determination of the antidumping duty investigation of 
certain preserved mushrooms from India. The revised weighted-average 
dumping margins are in the ``Antidumping Order'' section below.

Scope of Order

    The products covered by this antidumping duty order are certain 
preserved mushrooms whether imported whole, sliced, diced, or as stems 
and pieces. The preserved mushrooms covered by this order are the 
species Agaricus bisporus and Agaricus bitorquis. ``Preserved 
mushrooms'' refer 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. Preserved mushrooms 
may be imported whole, sliced, diced, or as stems and pieces. Included 
within the scope of the order are ``brined'' mushrooms, which are 
presalted and packed in a heavy salt solution to provisionally preserve 
them for further processing.

[[Page 8312]]

    Excluded from the scope of the 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 2003.10.0027, 2003.10.0031, 2003.10.0037, 2003.10.0043, 
2003.10.0047, 2003.10.0053, and 0711.90.4000 of the Harmonized Tariff 
Schedule of the United States (``HTS''). Although the HTS subheadings 
are provided for convenience and Customs purposes, the written 
description of the merchandise under investigation is dispositive.

Antidumping Duty Order

    On February 12, 1999, in accordance with section 735(d) of the Act, 
the U.S. International Trade Commission (ITC) notified the Department 
that a U.S. industry is materially injured by reason of imports of 
certain preserved mushrooms from India, pursuant to section 
735(b)(1)(A) of the Act. Therefore, in accordance with section 
736(a)(1) of the Act, the Department will direct the United States 
Customs Service to assess, upon further advice by the Department, 
antidumping duties equal to the amount by which the normal value of the 
merchandise exceeds the export price and constructed export price of 
the merchandise for all relevant entries of certain preserved mushrooms 
from India. These antidumping duties will be assessed on all 
unliquidated entries of all imports of subject merchandise that are 
entered, or withdrawn from warehouse, for consumption on or after 
August 5, 1998, the date of publication of the preliminary 
determination in the Federal Register.
    On or after the date of publication of this notice in the Federal 
Register, Customs officers must require, at the same time as importers 
would normally deposit estimated duties, the cash deposits listed below 
for the subject merchandise. The All Others rate applies to all 
exporters of subject merchandise not specifically listed below.
    The revised final weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                          Original final   Revised final
          Exporter/manufacturer               margin          margin
                                            Percentage      percentage
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Agro Dutch Foods Ltd....................            6.28            6.28
Ponds (India) Ltd.......................           14.19           14.91
Alpine Biotech Ltd......................          243.87          243.87
Mandeep Mushrooms Ltd...................          243.87          243.87
All Others..............................           10.87           11.30
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    This notice constitutes the antidumping duty order with respect to 
certain preserved mushrooms from India, pursuant to section 736(a) of 
the Act. Interested parties may contact the Central Records Unit, Room 
B-099 of the Main Commerce Building, for copies of an updated list of 
antidumping duty orders currently in effect.
    This order is published in accordance with section 736(a) of the 
Act and 19 CFR 351.211.

    Dated: February 16, 1999.
Richard W. Moreland,
Acting Assistant Secretary for Import Administration.
[FR Doc. 99-4201 Filed 2-18-99; 8:45 am]
BILLING CODE 3510-DS-P