[Federal Register Volume 68, Number 159 (Monday, August 18, 2003)]
[Notices]
[Pages 49435-49436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21062]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-813]


Certain Preserved Mushrooms From India: Notice of Partial 
Rescission of Antidumping Duty Administrative Review

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

ACTION: Notice of partial rescission of antidumping duty administrative 
review.

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EFFECTIVE DATE: August 18, 2003.

FOR FURTHER INFORMATION CONTACT: David J. Goldberger or Kate Johnson, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-4136 or (202) 482-4929, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On February 3, 2003, the Department published in the Federal 
Register (68 FR 5272) a notice of ``Opportunity To Request 
Administrative Review'' of the antidumping duty order on certain 
preserved mushrooms from India for the period February 1, 2002, through 
January 31, 2003. On February 21, 2003, Agro Dutch Foods, Ltd. (Agro 
Dutch), requested an administrative review of its sales. On February 
27, 2003, Weikfield Agro Products, Ltd. (Weikfield), requested an 
administrative review of its sales. On February 28, 2003, Saptarishi 
Agro Industries, Ltd. (Saptarishi Agro), requested an administrative 
review of its sales. Also, on February 28, 2003, the petitioner \1\ 
requested an administrative review of the antidumping duty order for 
the following companies: Agro Dutch, Alpine Biotech, Ltd. (Alpine 
Biotech), Dinesh Agro Products, Ltd. (Dinesh Agro), Flex Foods, Ltd. 
(Flex Foods),

[[Page 49436]]

Himalya International, Ltd. (Himalya), Mandeep Mushrooms, Ltd. (Mandeep 
Mushrooms), Premier Mushroom Farms (Premier), Saptarishi Agro, and 
Weikfield. On March 25, 2003, the Department published a notice of 
initiation of an administrative review of the antidumping duty order on 
certain preserved mushrooms from India with respect to these companies. 
See Initiation of Antidumping and Countervailing Duty Administrative 
Reviews and Requests for Revocations in Part, 68 FR 14399.
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    \1\ The petitioner is the Coalition for Fair Preserved Mushroom 
Trade which includes the American Mushroom Institute and the 
following domestic companies: L.K. Bowman, Inc., Modern Mushroom 
Farms, Inc., Monterey Mushrooms, Inc., Mount Laurel Canning Corp., 
Mushroom Canning Company, Southwood Farms, Sunny Dell Foods, Inc., 
and United Canning Corp.
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    On May 5, 2003, Flex Foods reported that it had no sales of the 
subject merchandise during the period of review. We confirmed Flex 
Foods' claim by reviewing data from the U.S. Bureau of Customs and 
Border Protection. See Memorandum to the File dated June 6, 2003, on 
file in Room B-099 of the Commerce Department. We received no comments 
on this memorandum from any party.
    On April 7, 2003, the petitioner timely withdrew its request for 
review with respect to Alpine Biotech and Mandeep Mushrooms. On June 9, 
2003, the petitioner requested that the Department extend the deadline 
established under 19 CFR 351.213(d)(1) until July 14, 2003, to withdraw 
its request for review of Himalya. On June 18, 2003, we granted this 
request. On July 14, 2003, the petitioner withdrew its request for 
review of Himalya.

Partial Recission of Review

    Section 351.213(d)(1) of the Department's regulations stipulates 
that the Secretary will permit a party that requests a review to 
withdraw the request within 90 days of the date of publication of 
notice of initiation of the requested review. In this case, the 
petitioner withdrew its request for review of Alpine Biotech and 
Mandeep Mushrooms within the 90-day period and withdrew its request for 
review of Himalya pursuant to an authorized extension of the 90-day 
period. Therefore, because we have received timely requests for 
rescission, we are rescinding, in part, this review of the antidumping 
duty order on certain preserved mushrooms from India as to Alpine 
Biotech, Himalya, and Mandeep Mushrooms. We are also rescinding this 
review as to Flex Foods, in accordance with 19 CFR 351.213(d)(3), 
because it had no sales of the subject merchandise during the period of 
review. This review will continue with respect to Agro Dutch, Dinesh 
Agro, Premier, Saptarishi Agro, and Weikfield.
    This notice is published in accordance with section 751 of the 
Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4).

    Dated: August 12, 2003.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 03-21062 Filed 8-15-03; 8:45 am]
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