[Federal Register Volume 69, Number 177 (Tuesday, September 14, 2004)]
[Notices]
[Pages 55405-55406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-2189]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-813]


Notice of Amended Final Results of Antidumping Duty 
Administrative Review: Certain Preserved Mushrooms From India

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

EFFECTIVE DATE: September 14, 2004.

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

SUPPLEMENTARY INFORMATION:

Ministerial Error

    Pursuant to 19 CFR 351.224(e), the Department of Commerce (the 
Department) is amending the final results of the administrative review 
of the antidumping duty order on certain preserved mushrooms from India 
to reflect the correction of ministerial errors it made in the margin 
calculations for Premier Mushroom Farms (Premier) and Agro Dutch 
Industries, Ltd. (Agro Dutch). A ministerial error is defined as an 
error in addition, subtraction, or other arithmetic function, clerical 
error resulting from inaccurate copying, duplication, or the like, and 
any other similar type of unintentional error which the Secretary 
considers ministerial. See 19 CFR 351.224(f). We are publishing this 
amendment to the final results pursuant to 19 CFR 351.224(e). As a 
result of this amended final results, we have revised the antidumping 
rates for Agro Dutch and Premier. See discussion below.

Ministerial Error Allegations

    On August 20, 2004, the Department published its affirmative final 
results in this administrative review. See Certain Preserved Mushrooms 
From India: Final Results of Antidumping Duty Administrative Review, 69 
FR 51630 (Final Results).
    On August 17, 2004, we disclosed our calculations for the final 
results to counsel for Premier and Agro Dutch and to counsel for the 
petitioner.

[[Page 55406]]

    On August 24, 2004, Agro Dutch alleged that the Department made a 
ministerial error in calculating the margin for Premier. On August 26, 
2004, the petitioner filed a reply to the Agro Dutch's ministerial 
error allegation, and also alleged certain additional ministerial 
errors in the preliminary and final results margin calculations for 
Premier.
    The alleged ministerial errors are described below. Also see 
Memorandum to Louis Apple from The Team, dated September 2, 2004, for 
further discussion of the ministerial error allegations and the 
Department's analysis.

Agro Dutch

    1. The Department inadvertently used outdated home market and U.S. 
sales databases in its final margin calculations for Premier. According 
to Agro Dutch, this error impacted the final margin calculations for 
Agro Dutch because the profit used to calculate constructed value (CV) 
for Agro Dutch was based in part on the profit rate of Premier.

Petitioner

    1. The Department inadvertently used computer programs that predate 
the preliminary results for purposes of the final results with respect 
to Premier.
    2. Instead of applying a revised financial expense ratio to the 
cost of manufacturing (COM), the Department added an absolute value to 
the COM in its cost of production and CV calculations for Premier.
    3. The Department omitted the revised general and administrative 
expense ratio both from the preliminary and final results programming 
for Premier.
    After analyzing the submissions cited above, we have determined 
that ministerial errors, within the meaning of 19 CFR 351.224(f), were 
made in the final results margin calculations for Premier, as discussed 
above. See Memorandum to Louis Apple from The Team, dated September 2, 
2004, for further discussion of the ministerial error allegations and 
the Department's analysis. Therefore, we have recalculated the margin 
for Premier. The Department hereby amends its final results with 
respect to Premier to correct these errors. Because the corrections 
made to the Premier final results margin calculations caused Premier's 
weighted-average home market selling expenses and profit, which were 
used in part to calculate Agro Dutch's CV, to change, we have also 
amended the final margin calculations for Agro Dutch.
    The collection of cash deposits will be revised accordingly and 
parties will be notified of this determination, in accordance with 
section 751 of the Tariff Act of 1930, as amended (the Act).

Amended Final Results

    As a result of our correction of ministerial errors in the Final 
Results, the revised weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                             Original         Amended
                                             weighted-       weighted-
          Exporter/manufacturer           average margin  average margin
                                            percentage      percentage
------------------------------------------------------------------------
Agro Dutch Industries, Ltd..............           34.57           33.47
Premier Mushroom Farms..................           18.30           25.73
------------------------------------------------------------------------

    This determination is issued and published in accordance with 
sections 751 and 777(i)(1) of the Act and 19 CFR 351.224(e).

    Dated: September 7, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
 [FR Doc. E4-2189 Filed 9-13-04; 8:45 am]
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