[Federal Register Volume 67, Number 91 (Friday, May 10, 2002)]
[Notices]
[Pages 31769-31770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-11771]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-337-804]


Certain Preserved Mushrooms From Chile: Final Results of 
Antidumping Administrative Review

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

ACTION: Notice of Final Results of Antidumping Administrative Review.

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SUMMARY: On January 4, 2002, the Department of Commerce published the 
preliminary results of the second administrative review of the 
antidumping duty order on certain preserved mushrooms from Chile (67 FR 
562). The review covers three exporters. The period of review is 
December 1, 1999, through November 30, 2000.
    We received comments on our preliminary results. After 
consideration of these comments, we have not made any changes in the 
margin calculations. Therefore, the final results are the same as 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: May 10, 2002.

FOR FURTHER INFORMATION CONTACT: David J. Goldberger or Sophie E. 
Castro, Office 2, AD/CVD Enforcement Group I, 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) 482-0588, 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 U.S. Department of Commerce's 
(the Department's) regulations are to 19 CFR part 351 (2000).

Background

    On January 4, 2002, the Department of Commerce published the 
preliminary results of the second administrative review of the 
antidumping duty order on certain preserved mushrooms from Chile (67 FR 
562). This review covers the following companies: Nature's Farm 
Products (Chile) S.A. (NFC), Ravine Foods Inc. (Ravine), and Compania 
Envasadora del Atlantico (CEA). We invited parties to comment on the 
preliminary results of review. We received a case brief from CEA on 
February 1, 2002. The petitioner\1\ submitted a rebuttal brief on 
February 11, 2002. CEA's request for a hearing was subsequently 
withdrawn. We have conducted this administrative review in accordance 
with section 751 of the Act.
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    \1\ The petitioner is 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 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 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 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 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 this order is dispositive.

Analysis of Comments Received

    We have made no changes to our preliminary results. 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 May 6, 2002, 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

[[Page 31770]]

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.

Final Results of Review

    We determine that the following margin percentages exist:

------------------------------------------------------------------------
                                                                Margin
                    Manufacturer/exporter                      (percent)
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Nature's Farm Products (Chile) S.A.(including merchandise         148.51
 shipped by the Colombian firm Compania Envasadora del
 Atlantico).................................................
Ravine Foods................................................      148.51
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Assessment Rates and Cash Deposit Requirements

    The Department shall determine, and the Customs Service shall 
assess, antidumping duties on all appropriate entries. We will instruct 
the Customs Service to apply on an importer-specific basis the 
assessment rates against the customs values for the subject merchandise 
entered during the review period. We will also instruct the Customs 
Service to apply a specific rate to all CEA entries manufactured by NFC 
and sold to CEA.
    The following cash deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of this 
notice, as provided by section 751(a)(1) of the Act: (1) the cash 
deposit rate for the reviewed companies will be the rates indicated 
above; (2) for previously reviewed or investigated companies not listed 
above, the cash deposit rates will continue to be the company-specific 
rates 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 148.51 
percent, the ``All Others'' rate made effective by 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: May 3, 2002
Faryar Shirzad,
Assistant Secretary for Import Administration.

Appendix List of Issues

Comment 1:Application of Antidumping Duty Margin to Full Value of CEA's 
Sales
Comment 2:NFC's Knowledge of Export Destination
[FR Doc. 02-11771 Filed 5-9-02; 8:45 am]
BILLING CODE 3510-DS-S