[Federal Register Volume 67, Number 154 (Friday, August 9, 2002)]
[Notices]
[Pages 51833-51834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-20233]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-851]


Amended Final Results of 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: August 9, 2002.

FOR FURTHER INFORMATION CONTACT: Sophie Castro or Brian Smith, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, N.W., Washington, D.C. 
20230; telephone: (202) 482-0588 or (202) 482-1766, respectively.

[[Page 51834]]


SUPPLEMENTARY INFORMATION:

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 (2001).

Amendment to Final Results

    In accordance with section 751(a) of the Act, on July 12, 2002, the 
Department published the final results of the 2000-2001 administrative 
review 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 (67 FR 46173). On July 15, 2002, we received an 
allegation, timely filed pursuant to 19 CFR 351.224(c)(2), from Gerber 
Food (Yunnan) Co., Ltd. (Gerber) that the Department made a ministerial 
error in its final results. The petitioners\1\ did not comment on the 
alleged ministerial error.
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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 Gerber's submission, we have determined, in 
accordance with 19 CFR 351.224, that a ministerial error was made in 
our final margin calculation for Gerber. Specifically, we incorrectly 
applied the surrogate value for cans and lids in the calculation of 
Gerber's factors of production-based normal value. For a detailed 
discussion of the ministerial error, as well as the Department's 
analysis, see the memorandum to Louis Apple from the Team, dated July 
29, 2002.
    Therefore, in accordance with 19 CFR 351.224(e), we are amending 
the final results of the 2000-2001 antidumping duty administrative 
review of the order on certain preserved mushrooms from the PRC. The 
revised dumping margins are as follows:

 
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                                                                 Original Final Margin     Revised Final Margin
                     Exporter/Manufacturer                             Percentage               Percentage
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Gerber Food (Yunnan) Co., Ltd.................................                   14.79'                     0.00
Raoping Xingyu Foods, Co., Ltd................................                   161.57       161.57 (no change)
Shantou Hongda Industrial General Corporation.................                     0.00         0.00 (no change)
Shenxian Dongxing Foods Co., Ltd..............................                     0.00         0.00 (no change)
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    We will notify the Customs Service of the revised cash deposit rate 
for Gerber.

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 review and notice are 
in accordance with section 751(h) of the Act and 19 CFR 351.224(e).

    Dated: August 2, 2002.
Faryar Shirzad,
Assistant Secretary for Import Administration
[FR Doc. 02-20233 Filed 8-8-02; 8:45 am]
BILLING CODE 3510-DS-S