[Federal Register Volume 68, Number 127 (Wednesday, July 2, 2003)]
[Notices]
[Pages 39521-39522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16667]


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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 and Final Determination to 
Revoke Order in Part

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

ACTION: Notice of final results of antidumping duty administrative 
review and final determination to revoke the order in part.

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SUMMARY: SUMMARY: On March 7, 2003, the Department of Commerce 
published the preliminary results of the administrative review of the 
antidumping duty order on certain preserved mushrooms from Indonesia 
and its intent to revoke the order in part. The review covers two 
manufacturers/exporters of the subject merchandise to the United 
States: PT Indo Evergreen Agro Business Corp., and PT Zeta Agro 
Corporation.\1\ The period of review is February 1, 2001, through 
January 31, 2002.
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    \1\ The administrative review with respect to PT Dieng Djaya and 
PT Surya Jaya Abadi Perkasa was rescinded on January 9, 2003 (see 68 
FR 1177).
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    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 review covers two manufacturers/exporters of the subject 
merchandise to the United States: PT Indo Evergreen Agro Business Corp. 
(Indo Evergreen), and PT Zeta Agro Corporation (Zeta).
    On March 7, 2003, 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 and its intent to revoke the order in part (68 FR 11051) 
(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 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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Determination to Revoke Order in Part

    In accordance with section 351.222(b)(2) of the Department's 
regulations, we have determined to revoke the antidumping duty order 
with respect to Zeta, effective as of February 1, 2002. Zeta has sold 
subject merchandise in commercial quantities at prices not below its 
normal value for three consecutive annual reviews (see Calculation 
Memorandum for the Preliminary Results for P.T. Zeta Agro Corporation 
dated February 28, 2003). Moreover, there is no evidence on the record 
regarding market conditions or other factors to suggest that the order 
is otherwise necessary to offset dumping with respect to this company.

Final Results of the Review

    As a result of our review, we determined that the following 
weighted-average margin percentages apply for the period February 1, 
2001, though January 31, 2002:

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             Manufacturer/Exporter                   Margin (percent)
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PT Indo Evergreen Agro Business Corp...........        0.30 (de minimis)
PT Zeta Agro Corporation.......................                     0.00
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[[Page 39522]]

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. In 
accordance with 19 CFR 351.106(c)(1), we will instruct BCBP 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 do not have the actual entered value for Indo 
Evergreen and Zeta because these respondents are not the importers of 
record for the subject merchandise. Accordingly, we have calculated 
importer-specific assessment rates by aggregating the dumping margins 
calculated for all of Indo Evergreen's and Zeta's U.S. sales examined 
and dividing the respective amounts by the total quantity of the sales 
examined for each producer. To determine whether the duty assessment 
rates were de minimis, in accordance with the requirement set forth in 
19 CFR 351.106(c)(2), we calculated importer-specific ad valorem ratios 
based on export prices.
    With regard to Zeta, in accordance with 19 CFR 351.222(f)(3), we 
will instruct BCBP to proceed with liquidation, without regard to 
antidumping duties, of all unliquidated entries of certain preserved 
mushrooms from Indonesia entered, or withdrawn from warehouse, for 
consumption on or after February 1, 2002. We will further instruct BCBP 
to refund with interest any estimated duties collected with respect to 
unliquidated entries of certain preserved mushrooms exported by Zeta.

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 rate for Indo Evergreen 
(Zeta is exempt due to revocation) is less than 0.50 percent, and 
therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), and 
therefore the cash deposit rate is 0.00; (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 (``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 11.26 percent, the ``All 
Others'' rate made effective by the LTFV investigation. These 
requirements shall remain in effect until publication of the final 
results of the next administrative review.

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 administrative review and notice are published in accordance 
with sections 751(a)(1) and 751(d)(1) of the Act and 19 CFR 351.221 and 
19 CFR 351.222.

    Dated: June 23, 2003.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 03-16667 Filed 7-1-03; 8:45 am]
BILLING CODE 3510-DS-S