[Federal Register Volume 67, Number 92 (Monday, May 13, 2002)]
[Notices]
[Pages 32014-32015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-11922]


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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 7, 2002, the Department of Commerce published the 
preliminary results of the administrative review of the antidumping 
duty order on certain preserved mushrooms from Indonesia. The review 
covers three manufacturers/exporters of the subject merchandise to the 
United States: PT Dieng Djaya and PT Surya Jaya Abadi Perkasa,\1\ PT 
Indo Evergreen Agro Business Corp., and PT Zeta Agro Corporation. The 
period of review is February 1, 2000, through January 31, 2001.
    No interested party submitted comments on the preliminary results. 
We have made no changes to the margin calculation. Therefore, the final 
results do not differ from the preliminary results. The final weighted-
average dumping margin for the three manufacturer/exporters are listed 
below in the ``Final Results of Review'' section of this notice.
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    \1\ In accordance with 19 CFR 351.401(f), PT Dieng Djaya and PT 
Surya Jaya Abadi Perkasa were determined to be affiliated companies 
in the original less-than-fair-value investigation.

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EFFECTIVE DATE: May 13, 2002.

FOR FURTHER INFORMATION CONTACT: Rebecca Trainor or Sophie Castro, AD/
CVD Enforcement Group I, Office 2, Import Administration-Room B099, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW., Washington, DC 20230; telephone: 
(202) 482-4007, or 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. In addition, unless otherwise 
indicated, all citations to the Department of Commerce's (the 
Department's) regulations are to 19 CFR Part 351 (April 2000).

Background

    The review covers three manufacturers/exporters of the subject 
merchandise to the United States: PT Dieng Djaya and PT Surya Jaya 
Abadi Perkasa (Dieng/Surya), PT Indo Evergreen Agro Business Corp. 
(Indo Evergreen), and PT Zeta Agro Corporation (Zeta).
    On March 7, 2002, the Department of Commerce published in the 
Federal Register the preliminary results of administrative review of 
the antidumping duty order on certain preserved mushrooms from 
Indonesia (67 FR 10366) (Preliminary Results).
    We invited parties to comment on the preliminary results of the 
review. No interested party submitted comments. The Department has 
conducted this administrative review in accordance with section 751 of 
the Act.

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

[[Page 32015]]

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\2\(HTSUS). Although the 
HTSUS subheadings are provided for convenience and customs purposes, 
the written description of the scope of this order is dispositive.
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    \2\ As of January 1, 2002, the HTS codes are as follows: 
2003.10.0127, 2003.10.0131, 2003.10.0137, 2003.10.0143, 
2003.10.0147, 2003.10.0153, 0711.51.0000
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Final Results of the Review

    Our final results remain unchanged from the preliminary results. 
The following weighted-average margin percentages apply for the period 
February 1, 2000, though January 31, 2001:

------------------------------------------------------------------------
                                                                Margin
                    Manufacturer/exporter                      (percent)
------------------------------------------------------------------------
PT Dieng Djaya and PT Surya Jaya Abadi Perkasa..............        0.59
PT Indo Evergreen Agro Business Corp........................    0.09 (de
                                                                minimis)
PT Zeta Agro Corporation....................................    0.27 (de
                                                                minimis)
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Assessment Rates

    The Department shall determine, and the Customs Service shall 
assess, antidumping duties on all appropriate entries. The Department 
will issue appropriate appraisement instructions directly to the 
Customs Service upon completion of this review. In accordance with 19 
CFR 351.106(c)(1), we will instruct the Customs Service to assess 
antidumping duties on all appropriate entries covered by this review if 
any importer-specific assessment rate calculated in the final results 
of this review is above de minimis (i.e., less than 0.50 percent). For 
assessment purposes, we intend to calculate importer-specific 
assessment rates for the subject merchandise by aggregating the dumping 
margins calculated for all U.S. sales examined and dividing this amount 
by the total entered value of the sales examined. In order to estimate 
the entered value, we will subtract applicable movement expenses from 
the gross sales value.

Cash Deposit Requirements.

    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 the 
final results of this administrative review, as provided by section 
751(a)(1) of the Act: (1) the cash deposit rates for the reviewed 
companies will be those established above in the ``Final Results of 
Review'' section, except if the rate is less than 0.50 percent, and 
therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in 
which case the cash deposit rate will be zero; (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 
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, the ``All 
Others'' rate made effective by the LTFV investigation. These 
requirements, when imposed, shall remain in effect until publication of 
the final results of the next administrative review.
    This notice also serves as the only reminder to parties subject to 
the 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 material or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulation and the terms of an APO is a sanctionable violation.
    This administrative review and notice are published in accordance 
with sections 751(a)(1) of the Act and 19 CFR 351.221.

    Dated: May 3, 2002
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 02-11922 Filed 5-10-02; 8:45 am]
BILLING CODE 3510-DS-S