[Federal Register Volume 65, Number 135 (Thursday, July 13, 2000)]
[Notices]
[Pages 43292-43293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-17761]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-337-804]


Certain Preserved Mushrooms from Chile: Final Rescission of 
Antidumping Duty Administrative Review

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

ACTION: Notice of Final Rescission of Antidumping Duty Administrative 
Review.

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SUMMARY: In response to a timely request from the petitioners \1\, on 
January 26, 2000, the Department of Commerce published a notice of 
initiation of an administrative review of the antidumping duty order on 
certain preserved mushrooms from Chile with respect to Nature's Farm 
Products (Chile) S.A. and Ravine Foods Inc., covering the period August 
5, 1998, through November 30, 1999. See Initiation of Antidumping and 
Countervailing Duty Administrative Reviews, 65 FR 42280 (January 26, 
2000). The Department of Commerce is now rescinding this review as a 
result of the absence of imports and entries into the United States of 
the subject merchandise during the period of review.
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    \1\ The petitioners are the Coalition for Fair Preserved 
Mushroom Trade which includes the American Mushroom Institute and 
the following domestic companies: L.K. Bowman, Inc., Nottingham, PA; 
Modern Mushrooms Farms, Inc., Toughkernamon, PA; Monterrey 
Mushrooms, Inc., Watsonville, CA; Mount Laurel Canning Corp., 
Temple, PA; Mushrooms Canning Company, Kennett Square, PA; Southwood 
Farms, Hockessin, DE; Sunny Dell Foods, Inc., Oxford, PA; United 
Canning Corp., North Lima, OH.

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EFFECTIVE DATE: July 13, 2000.

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

SUPPLEMENTARY INFORMATION:

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. In addition, unless 
otherwise indicated, all citations to the Department of Commerce's 
regulations are to 19 CFR part 351 (1999).

Background

    On January 21, 2000, the Department (``the Department'') issued the 
antidumping questionnaire to Nature's Farm Products (Chile) S.A. 
(``NFP'') via its U.S. parent, Nature Farm Products, Inc., and Ravine 
Foods Inc. (``Ravine''), a Canadian company. On January 26, 2000, the 
Department published a notice of initiation of an administrative review 
of the antidumping duty order on certain preserved mushrooms from Chile 
with respect to NFP and Ravine (65 FR 4228). On February 28, 2000,

[[Page 43293]]

Ravine advised the Department that the company did not export the 
subject merchandise to the United States during the period of review 
(``POR'').
    To confirm the accuracy of Ravine's claim, the Department performed 
a customs query on entries of the subject merchandise exported from 
Chile and Canada. In so doing, the Department examined U.S. Customs 
import statistics, and found no imports of the subject merchandise by 
Ravine, NFP, or any other company from Chile to the United States 
during the POR. We also found no imports of the subject merchandise 
from Canada. See March 14, 2000, Memorandum, ``U.S. Customs Data on 
Imports of the Subject Merchandise,'' from David J. Goldberger to Irene 
Darzenta Tzafolias.
    On May 26, 2000, the Department published a notice of preliminary 
rescission of antidumping duty administrative review on certain 
preserved mushrooms from Chile with respect to NFP and Ravine (65 FR 
34147). In light of its no shipments finding, the Department 
preliminarily determined that there was no basis for applying facts 
available in this instance with regard to NFP, which did not respond to 
our questionnaire. No party commented on the Department's preliminary 
findings.

Scope of the Review

    The products covered by this review are certain preserved mushrooms 
whether imported whole, sliced, diced, or as stems and pieces. The 
preserved mushrooms covered under this review 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 
this review are ``brined'' mushrooms, which are presalted and packed in 
a heavy salt solution to provisionally preserve them for further 
processing.
    Excluded from the scope of this review 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 review is classifiable under 
subheadings 2003.1000.27, 2003.1000.31, 2003.1000.37, 2003.1000.43, 
2003.1000.47.2003.1000.53, 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, our written 
description of the scope of this review is dispositive.

Final Rescission of Review

    Pursuant to 19 CFR 351.213(d)(3), the Department may rescind an 
administrative review, in whole or only with respect to a particular 
exporter or producer, if the Secretary concludes that, during the 
period covered by the review, there were no entries, exports, or sales 
of the subject merchandise. In this case, the available evidence 
indicates that there were no entries of certain preserved mushrooms 
produced or exported from Chile during the POR. We also note, however, 
that our normal practice under section 776(b) of the Act is to use 
adverse facts available when a respondent (here, NFP) has not responded 
to our questionnaire and thus has failed to cooperate to the best of 
its ability. Given that the same dumping rate would apply to NFP 
regardless of whether we applied adverse facts available or simply 
rescinded this review, in the unusual circumstances of this case we 
have decided simply to rescind this review as to both Ravine and NFP in 
accordance with 19 CFR 351.213(d)(3).
    The cash-deposit rate for NFP and ``All Other'' producers/exporters 
of the subject merchandise will remain at 148.51 percent, the rate 
established in the most recent segment of this proceeding for these 
producers/exporters (63 FR 56613, October 22, 1998), which is also the 
highest rate on the record of any segment of the proceeding.
    This notice is published in accordance with 19 CFR 351.213(d)(4).

Richard W. Moreland,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 00-17761 Filed 7-12-00; 8:45 am]
BILLING CODE 3510-DS-P