[Federal Register Volume 66, Number 156 (Monday, August 13, 2001)]
[Notices]
[Pages 42507-42509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20269]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-813]


Certain Preserved Mushrooms From India: 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 India (66 FR 
13896). The review covers five manufacturers/exporters. The period of 
review is August 5, 1998, through January 31, 2000.
    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: David J. Goldberger, Katherine 
Johnson, or Dinah McDougall, Office 2, AD/CVD Enforcement Group I, 
Import Administration--Room B099, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-4136, (202) 482-4929, or 
(202) 482-3773, 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

[[Page 42508]]

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 five manufacturers/exporters: Agro Dutch Foods 
Ltd. (``Agro Dutch''), Himalya International Ltd. (``Himalya''), 
Hindustan Lever Ltd. (formerly Ponds India Ltd.) (``Hindustan''), 
Techtran Agro Industries Limited (``Techtran''), and Weikfield Agro 
Products Ltd. (``Weikfield''). The period of review is August 5, 1998, 
through January 31, 2000.
    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 India (66 FR 
13896). We invited parties to comment on the preliminary results of 
review. On April 9, 2001, we received requests for a public hearing 
from respondents Agro Dutch, Hindustan, Himalya, and Weikfield. We 
received case briefs from the petitioners \1\ and the respondents, as 
well as from the importer, Giorgio Foods, Inc., on May 14, 2001. We 
received rebuttal briefs from the petitioners, the respondents, and 
Giorgio Foods, Inc. on May 21, 2001. We held a public hearing at the 
Department on June 13, 2001. We have conducted this administrative 
review in accordance with section 751 of the Act.
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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 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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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.
    The merchandise subject to the 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 the 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 
August 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 Web 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 comments received, we have made certain 
changes to the margin calculations. For a discussion of these changes, 
see the ``Margin Calculations'' section of the Decision Memo.

Final Results of Review

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

------------------------------------------------------------------------
                                                                Margin
                   Manufacturer/exporter                      (percent)
------------------------------------------------------------------------
Agro Dutch Foods Ltd.......................................         2.26
Himalya International Ltd..................................         6.63
Hindustan Lever Ltd........................................         4.29
Techtran Agro Industries Limited...........................        66.24
Weikfield Agro Products Ltd................................        26.44
------------------------------------------------------------------------

    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 subject merchandise for which the importer-specific assessment rate 
is zero or de minimis (i.e., less than 0.50 percent).

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of the administrative 
review for all shipments of certain preserved mushrooms from India 
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 Agro Dutch, Himalya, Hindustan, Techtran, 
and Weikfield 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 11.30 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

[[Page 42509]]

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 section 751(a)(1) and 777(i) of the Act.

    Dated: August 6, 2001.
Faryar Shirzad,
Assistant Secretary for Import Administration.


Appendix--List of IssuesGeneral Comment:

    Comment 1: General and Administrative and Interest Expenses Used in 
Constructed Value

Company-Specific Comments:

Agro Dutch
    Comment 2: Date of Sale for Certain U.S. Sales
    Comment 3: Facts Available for Movement Expenses on Certain Sales
    Comment 4: Adjustments to Cost of Manufacturing for Period of 
Review
    Comment 5: Equivalent Units Work-In-Process Adjustment
Weikfield
    Comment 6: New Factual Information
    Comment 7: Capitalization of Pre-Production Expenses
    Comment 8: Claim for Start-up Adjustment
    Comment 9: Treatment of Work-In-Process
    Comment 10: Capitalized Interest Expense
    Comment 11: Affiliated Party Interest
Himalya International
    Comment 12: Omission of Certain U.S. Sales from Margin Calculation
    Comment 13: Facts Available for U.S. Brokerage and Handling 
Expenses
    Comment 14: Treatment of Certain Movement Expenses
    Comment 15: Calculation of Indirect Selling Expenses for 
Constructed Value
    Comment 16: Offsetting Positive Margins with Negative Margins in 
Antidumping Duty Margin Calculation
    Comment 17: General and Administrative Expense Ratio
    Comment 18: Financial Expense Ratio

[FR Doc. 01-20269 Filed 8-10-01; 8:45 am]
BILLING CODE 3510-DS-P