[Federal Register Volume 68, Number 127 (Wednesday, July 2, 2003)]
[Notices]
[Pages 39520-39521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16666]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-560-802]


Certain Preserved Mushrooms from Indonesia: Final Results of 
Antidumping Duty New Shipper Review

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

ACTION: Notice of final results of antidumping duty new shipper review.

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SUMMARY: On April 4, 2003, the Department of Commerce published the 
preliminary results of the new shipper review of the antidumping duty 
order on certain preserved mushrooms from Indonesia. The review covers 
two manufacturers/exporters of the subject merchandise to the United 
States: PT Karya Kompos Bagas, and PT Eka Timur Raya. The period of 
review is February 1, 2002, through July 31, 2002.
    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 margins for the two manufacturers/exporters are listed 
below in the ``Final Results of Review'' section of this notice.

EFFECTIVE DATE: July 2, 2003.

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:

Background

    The new shipper review covers two manufacturers/exporters of the 
subject merchandise to the United States: PT Karya Kompos Bagas (KKB), 
and PT Eka Timur Raya (Etira).
    On April 4, 2003, the Department of Commerce published in the 
Federal Register the preliminary results of the new shipper review of 
the antidumping duty order on certain preserved mushrooms from 
Indonesia (68 FR 16469) (Preliminary Results).
    We invited interested parties to comment on the preliminary results 
of the review, however no party submitted comments. The Department has 
conducted this new shipper review in accordance with section 
751(a)(2)(B) of the Tariff Act of 1930, as amended (``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 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 2003.10.0127, 2003.10.0131, 2003.10.0137, 
2003.10.0143, 2003.10.0147, 2003.10.0153, and 0711.51.0000 of the 
Harmonized Tariff Schedule of the United States \1\ (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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    \1\ Prior to January 1, 2002, the HTS codes were as follows: 
2003.10.0027, 2003.10.0031, 2003.10.0037, 2003.10.0043, 
2003.10.0047, 2003.10.0053, and 0711.90.4000
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Final Results of the Review

    As a result of our new shipper review, we determine that the 
following weighted-average margin percentages apply for the period 
February 1, 2002, though July 31, 2002:

------------------------------------------------------------------------
                                                                 Margin
                    Manufacturer/Exporter                      (percent)
------------------------------------------------------------------------
PT Karya Kompos Bagas........................................       0.00
PT Eka Timur Raya............................................       0.00
------------------------------------------------------------------------

Assessment

    The Department shall determine, and the U.S. Bureau of Customs and 
Border Protection (``BCBP'') shall assess, antidumping duties on all 
appropriate entries. We will issue assessment instructions directly to 
BCBP within 15 days of publication of these final results of review. 
For assessment purposes, we do not have the actual entered values for 
all sales made by Etira. Accordingly, we have calculated importer-
specific assessment rates by aggregating any dumping margins calculated 
for all of Etira's U.S. sales examined and dividing the respective 
amount by the total quantity of the sales examined. To determine 
whether the duty assessment rates are de minimis (i.e., less than 0.50 
percent), in accordance with the requirement set forth in 19 CFR 
351.106(c)(2), we have calculated importer-specific ad valorem ratios 
based on export prices. With respect to KKB, we have calculated 
importer-specific assessment rates for the subject merchandise by 
aggregating any dumping margins calculated for the examined sales and 
dividing this amount by the total entered value of the sales examined.

Cash Deposit Requirements

    Bonding will no longer be permitted to fulfill security 
requirements for shipments from certain preserved mushrooms from 
Indonesia entered, or withdrawn from warehouse, for consumption on or 
after the publication date of the final results of the new shipper 
review. Furthermore, 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 these final results of review, as provided by section 751(2)(1) 
and 751(a)(2)(B) of the Act: (1) For subject merchandise produced and 
exported by Etira or by KKB, no cash deposit will be required; (2) for 
subject merchandise exported by Etira or KKB but not produced by them, 
the cash deposit rate will be 11.26 percent, the ``All Others'' rate 
made effective by the less-than-fair-value investigation. These 
requirements shall remain in effect until publication of the final 
results of the next administrative review.

[[Page 39521]]

Notification to Importers

    This notice 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 new shipper review and notice are published in accordance with 
sections 751(a)(2)(B) of the Act and 19 CFR 351.214.

    Dated: June 25, 2003.
Joseph Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 03-16666 Filed 7-1-03; 8:45 am]
BILLING CODE 3510-DS-P