[Federal Register Volume 68, Number 28 (Tuesday, February 11, 2003)]
[Notices]
[Pages 6884-6885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-3404]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-813]


Certain Preserved Mushrooms from India: Final Results of Changed-
Circumstances Review

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

ACTION: Notice of Final Results of Changed-Circumstances Review.

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SUMMARY: On December 24, 2002, the Department of Commerce published a 
notice of initiation and preliminary results of changed-circumstances 
review of the antidumping duty order on certain preserved mushrooms 
from India, in which it preliminarily determined that KICM (MADRAS) 
Limited is the successor-in-interest to Hindustan Lever Limited for 
purposes of determining antidumping duty liability. The Department is 
now affirming its preliminary results.

EFFECTIVE DATE: February 11, 2003.

FOR FURTHER INFORMATION CONTACT: David J. Goldberger or Tinna E. 
Beldin, 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 482-1655, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On February 19, 1999, the Department of Commerce (``Department'') 
published in the Federal Register an amended final determination and 
antidumping duty order on certain preserved mushrooms from India (64 FR 
8311), which included a cash deposit rate for Ponds India Limited 
(``Ponds''). In the course of the first administrative review, the 
Department noted that Ponds had become Hindustan Lever Limited 
(``HLL''). See Certain Preserved Mushrooms From India: Final Results of 
Antidumping Duty Administrative Review, 66 FR 42507, 42508 (August 13, 
2001). On October 17, 2002, HLL submitted a request that the Department 
initiate a changed-circumstances review to confirm that its wholly-
owned subsidiary, KICM (MADRAS) Limited, is its successor-in-interest 
and should be entitled to the same cash deposit rate. The Department 
determined that HLL's request was incomplete and could not serve as a 
basis to initiate a changed-circumstances review. See Letter from 
Department to HLL Re: Certain Preserved Mushrooms from India: Request 
for Changed-Circumstances Review (October, 28, 2002). On November 6, 
2002, HLL submitted supplemental information and documentation, and 
renewed its request that the Department conduct a changed-circumstances 
review to determine whether KICM should receive the same antidumping 
duty treatment as HLL with respect to the subject merchandise.
    On December 24, 2002, we published a notice of initiation and 
preliminary results of changed-circumstances review (67 FR 78416) in 
which we preliminarily found that KICM is the successor-in-interest to 
HLL for purposes of determining antidumping duty liability. We received 
no comments.

Scope of the Order

    The product 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 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 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 are classifiable under 
subheadings 2003.10.0027, 2003.10.0031,

[[Page 6885]]

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). HTSUS subheadings are provided for convenience and customs 
purposes. The written description of the scope of this order is 
dispositive.

Final Results

    As we received no comments on the preliminary results, for the 
reasons stated in the preliminary results (67 FR 78416) and based on 
the facts of record, we find KICM to be the successor-in-interest to 
HLL. Therefore, the Department is assigning KICM the same cash deposit 
rate (i.e., 4.29 percent) as its predecessor HHL. This cash deposit 
rate is effective for all shipments of the subject merchandise from 
KICM entered, or withdrawn from warehouse, for consumption on or after 
the publication date of the final results of this changed-circumstances 
review.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(b) and 777(i)(1) of the Tariff Act of 
1930, as amended (``the Act'') and 19 CFR 351.216 (2002).

    Dated: February 3, 2003.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 03-3404 Filed 2-10-03; 8:45 am]
BILLING CODE 3510-DS-S