[Federal Register Volume 66, Number 135 (Friday, July 13, 2001)]
[Notices]
[Pages 36754-36755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-17626]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-560-802]


Certain Preserved Mushrooms From Indonesia: Final Results of 
Antidumping Duty Administrative Review

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

ACTION: Notice of final results of antidumping duty administrative 
review.

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SUMMARY: On March 8, 2001, the Department of Commerce published the 
preliminary results of the first administrative review of the 
antidumping duty order on certain preserved mushrooms from Indonesia 
(66 FR 13903). The review covers three manufacturers/exporters. The 
periods of review are August 5, 1998, through January 31, 2000, for PT 
Indo Evergreen Agro Business Corporation and PT Zeta Agro Corporation, 
and December 31, 1998 through January 31, 2000, for PT Dieng Djaya and 
PT Surya Jaya Abadi Perkasa.
    Based on our analysis of the comments received, we have made 
changes in the margin calculations. Therefore, the final results differ 
from the preliminary results. The final weighted-average dumping 
margins for the reviewed firms are listed below in the section entitled 
``Final Results of Review.''

EFFECTIVE DATE: August 13, 2001.

FOR FURTHER INFORMATION CONTACT: Sophie Castro or Rebecca Trainor, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, Washington, DC 20230; telephone: (202) 482-0588 
or (202) 482-4007, respectively.

SUPPLEMENTARY INFORMATION:   

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's (the 
Department's) regulations are to 19 CFR Part 351 (2000).

Background

    The review covers three manufacturers/exporters, PT Indo Evergreen 
Agro Business Corporation (Indo Evergreen), PT Zeta Agro Corporation 
(Zeta), and PT Dieng Djaya (Dieng Djaya) and PT Surya Jaya Abadi 
Perkasa (Surya Jaya). The periods of review are August 5, 1998, through 
January 31, 2000, for Indo Evergreen and Zeta and December 31, 1998 
through January 31, 2000,\1\ for Dieng Djaya and Surya Jaya.
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    \1\ See Notice of Antidumping Duty Order: Certain Preserved 
Mushroom from Indonesia, 64 FR 8310 (February 19, 1999).
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    On March 8, 2001, the Department of Commerce (the Department) 
published the preliminary results of the first administrative review of 
the antidumping duty order on certain preserved mushrooms from 
Indonesia (66 FR 13903). We invited parties to comment on the 
preliminary results of review. We received case briefs from the 
petitioners and respondents on April 9, 2001. We received rebuttal 
briefs from the petitioners and the respondents on April 17, 2001. We 
have conducted this administrative review in accordance with section 
751 of the Act.

Scope of Order

    The products covered by this order are certain preserved mushrooms, 
whether imported whole, sliced, diced, or as stems and pieces. The 
preserved mushrooms covered under 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 
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 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 (HTSUS). Although the HTSUS subheadings 
are provided for convenience and customs purposes, our written 
description of the scope of this order is dispositive.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this antidumping duty administrative review are addressed in the 
``Issues and Decision Memorandum'' (Decision Memo) from Richard W. 
Moreland, Deputy Assistant Secretary for Import Administration, to 
Faryar Shirzad, Assistant Secretary for Import Administration, dated 
July 6, 2001, which is hereby adopted by this notice. A list of the 
issues which parties have raised and to which we have responded, all of 
which are in the Decision Memo, is attached to this notice as an 
Appendix. Parties can find a complete discussion of all issues raised 
in this review and the corresponding recommendations in this public 
memorandum which is on file in the Central Records Unit, room B-099 of 
the main Department building. In addition, a complete version of the 
Decision Memo can be accessed directly on the Internet at http://ia.ita.doc.gov. The paper copy and electronic version of the Decision 
Memo are identical in content.

Changes From the Preliminary Results

    Based on our analysis of the comments received, we have made

[[Page 36755]]

certain changes to the margin calculations. For a discussion of these 
changes, see the ``Margin Calculations'' section of the Decision Memo, 
the public version of which is on file in room B-099 of the Department 
and available on the Internet at http://ia.ita.doc.gov.

Final Results of Review

    We determine that the following weighted-average margin percentages 
exist:

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                 Manufacturer/exporter                       Margin  (percent)            Period  of review
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PT Dieng Djaya and PT Surya Jaya Abadi Perkasa........            0.44 (de minimis)        12/31/1998-01/31/2001
PT Indo Evergreen Agro Business Corp..................                         5.16        08/05/1998-01/31/2001
PT Zeta Agro Corporation..............................            0.02 (de minimis)        08/05/1998-01/31/2001
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    The Department shall determine, and the Customs Service shall 
assess, antidumping duties on all appropriate entries. In accordance 
with 19 CFR 351.212(b), we have calculated importer-specific assessment 
rates. We will direct the Customs Service to assess the resulting rates 
against the entered customs values for the subject merchandise on each 
importer's entries under the relevant order during the review period. 
In accordance with 19 CFR 351.106(c)(2), we will instruct the Customs 
Service to liquidate without regard to antidumping duties all entries 
of the subject merchandise for which the importer-specific assessment 
rate is zero or de minimis (i.e., less than 0.50 percent).
    The following deposit requirements will be effective upon 
publication of this notice of final results of administrative review 
for all shipments of certain preserved mushrooms from Indonesia 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication, as provided by section 751(a)(1) of the Act: (1) 
The cash deposit rates for Dieng/Surya Jaya, Indo Evergreen and Zeta 
will be the rates shown above; (2) for previously reviewed or 
investigated companies not listed above, the cash deposit rate will 
continue to be the company-specific rate published for the most recent 
period; (3) if the exporter is not a firm covered in this review, a 
prior review, or the original less-than-fair-value (LTFV) 
investigation, but the manufacturer is, the cash deposit rate will be 
the rate established for the most recent period for the manufacturer of 
the merchandise; and (4) the cash deposit rate for all other 
manufacturers or exporters will continue to be 11.26 percent. This rate 
is the ``All Others'' rate from the LTFV investigation.
    These deposit requirements shall remain in effect until publication 
of the final results of the next administrative review.
    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) 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 presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.
    This notice serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of 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.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: July 6, 2001.
Faryar Shirzad,
Assistant Secretary for International Trade.

Appendix--List of Issues

Dieng Djaya and Surya Jaya

1. Use of Adverse Facts Available for Dieng
2. Calculation of a Single Weighted-Average Cost
3. Dieng's and Surya Jaya's Reported Can Cost
4. General Expenses and Application of Weighted-Average Financial 
Ratios
5. Classification of U.S. Sales Through an Affiliated Trading 
Company

Zeta

6. Packing Expenses
7. Reported Quantity of Waste
8. Sale of Compost and Casing Soil
9. Allocation of Costs Based on Fancy and Non-Fancy Mushrooms
10. Warranty Expenses
11. Home Market Credit Expense

Indo Evergreen

12. Home Market Credit Expenses
13. Warranty Expenses on U.S. sales
14. Allocation of Shrinkage Costs
15. Sales of Compost and Casing Soil as an Offset to Cost of 
Production
16. Packing Cost
17. Selling, General and Administrative Expenses

[FR Doc. 01-17626 Filed 7-12-01; 8:45 am]
BILLING CODE 3510-DS-P