[Federal Register Volume 66, Number 130 (Friday, July 6, 2001)]
[Notices]
[Pages 35595-35596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16974]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-851]


Amended Final Results of First New Shipper Review and First 
Antidumping Duty Administrative Review: Certain Preserved Mushrooms 
From the People's Republic of China

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

EFFECTIVE DATE: July 6, 2001.

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.

Applicable Statute and Regulations

    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's regulations are to 19 CFR 
part 351 (1999).

Amendment to Final Results

    In accordance with section 751(a) of the Act, on June 11, 2001, the 
Department published the final results of the 1998-2000 administrative 
and new shipper reviews of the antidumping duty order on certain 
preserved mushrooms from the People's Republic of China (PRC), in which 
we determined that certain U.S. sales of the subject merchandise were 
made at less than normal value (66 FR 31204). On June 11, 2001, we 
received an allegation, timely filed pursuant to 19 CFR 351.224(c)(2), 
from the petitioner, the Coalition for

[[Page 35596]]

Fair Preserved Mushroom Trade,\1\ that the Department made ministerial 
errors in its final results. The respondents did not comment on the 
alleged ministerial errors.
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    \1\ The Coalition for Fair Preserved Mushroom Trade includes the 
American Mushroom Institute and the following domestic companies: 
L.K. Bowman, Inc., Nottingham, PA; Modern Mushroom Farms, Inc., 
Toughkenamon, PA; Monterey 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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    After analyzing the petitioner's submission, we have determined, in 
accordance with 19 CFR 351.224, that ministerial errors were made in 
our final margin calculations for the administrative review respondents 
China Processed Food Import & Export Co. (China Processed) and Gerber 
Food (Yunnan) Co. (Gerber), and the new shipper review respondent 
Raoping Xingyu Foods, Ltd. (Raoping). Specifically: (a) We did not 
include some of China Processed's revised data in our final results 
calculations; (b) we incorrectly calculated the brokerage expense in 
calculating the U.S. price for Gerber; and (c) we did not apply the 
correct surrogate value ratios for selling, general, and administrative 
expenses and profit in our calculation of normal value for Raoping. For 
a detailed discussion of the ministerial errors, as well as the 
Department's analysis, see the memorandum to Louis Apple from the Team, 
dated June 22, 2001.
    Therefore, in accordance with 19 CFR 351.224(e), we are amending 
the final results of the 1998-2000 antidumping duty administrative and 
new shipper reviews of the order on certain preserved mushrooms from 
the PRC. The revised dumping margins are as follows:

------------------------------------------------------------------------
                                                  Original      Revised
                                                   final        final
             Exporter/manufacturer                 margin       margin
                                                 percentage   percentage
------------------------------------------------------------------------
 China Processed Food Import & Export Co......         0.00       1 0.00
 Gerber Food (Yunnan) Co......................       111.04       121.33
 Raoping Xingyu Foods Co., Ltd................        47.61       47.80
------------------------------------------------------------------------
\1\ We will notify the Customs Service of the revised cash deposit rates
  for these companies.

Scope of the Order

    The products covered by the order are certain preserved mushrooms 
whether imported whole, sliced, diced, or as stems and pieces. The 
preserved mushrooms covered under the 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.
    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.\2\
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    \2\ 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 the People's Republic 
of China,'' dated June 19, 2000.
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    The merchandise subject to the order is currently 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 (HTSUS). Although the 
HTSUS subheadings are provided for convenience and customs purposes, 
the written description of the scope of the order is dispositive.
    These amended final results of administrative and new shipper 
reviews and notice are in accordance with section 751(h) of the Act and 
19 CFR 351.224(e).

    Dated: June 28, 2001.
Richard W. Moreland,
Acting Assistant Secretary for Import Administration.
[FR Doc. 01-16974 Filed 7-5-01; 8:45 am]
BILLING CODE 3510-DS-P