[Federal Register Volume 69, Number 206 (Tuesday, October 26, 2004)]
[Notices]
[Pages 62434-62435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-2858]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-851]


Amended Final Results of Sixth Antidumping Duty New Shipper 
Review: Certain Preserved Mushrooms From the People's Republic of China

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

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

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EFFECTIVE DATE: October 26, 2004.

FOR FURTHER INFORMATION CONTACT: Brian C. Smith or James Mathews, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-1766 or (202) 482-2778, 
respectively.

Amendment to Final Results

    In accordance with section 751(a) of the Tariff Act of 1930 (the 
``Act''), on September 9, 2004, the Department published the final 
results of the sixth antidumping duty new shipper review of the 
antidumping duty order on certain preserved mushrooms from the People's 
Republic of China (``PRC''), in which we determined that the sole 
respondent, Primera Harvest (Xiangfan) Co., Ltd. (``Primera Harvest''), 
sold subject merchandise to the United States at less than normal value 
during the period of review (69 FR 54635). On September 17, 2004, we 
received an allegation, timely filed pursuant to section 751(h) of the 
Act and 19 CFR 351.224(c)(2), from Primera Harvest that the Department 
made a ministerial error in its final results. The petitioner \1\ did 
not comment on the alleged ministerial error.
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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., Nottingham, PA; 
Modern Mushroom Farms, Inc., Toughkenamon, PA; Monterey Mushrooms, 
Inc., Watsonville, CA; Mount Laurel Canning Corp., Temple, PA; 
Mushrooms Canning Company, Kennett Square, PA; Southwood Farms, 
Hockessin, DE; Sunny Dell Foods, Inc., Oxford, PA; United Canning 
Corp., North Lima, OH.
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    After analyzing Primera Harvest's submission, we have determined, 
in accordance with section 751(h) of the Act and 19 CFR 351.224, that 
two ministerial errors were made in our final margin calculation for 
Primera Harvest. Specifically, we incorrectly applied the surrogate 
value for cans and lids in the calculation of Primera Harvest's factors

[[Page 62435]]

of production-based normal value. In addition, we discovered during our 
analysis of Primera Harvest's September 17, 2004, ministerial error 
allegation that we inadvertently did not include in Primera Harvest's 
verification report a correction noted with respect to the respondent's 
reported can and lid weights. (See page 1 of verification exhibit 6A of 
Primera Harvest's verification report entitled Verification of the 
Response of Primera Harvest (Xiangfan) Co., Ltd. in the Sixth 
Antidumping Duty New Shipper Review of Certain Preserved Mushrooms from 
the People's Republic of China.) Furthermore, we failed to account for 
this correction in our final margin program for Primera Harvest. 
Because this additional clerical error was not raised by the parties 
during the ministerial error comment period, on September 28, 2004, we 
provided parties with an opportunity to comment on it. No parties 
submitted comments on the additional clerical error noted above. For a 
detailed discussion of the ministerial errors, as well as the 
Department's analysis, see the memorandum to Louis Apple from the Team, 
dated September 28, 2004.
    Therefore, in accordance with section 751(h) of the Act and 19 CFR 
351.224(e), we are amending the final results of the 2002-2003 
antidumping duty new shipper review of the order on certain preserved 
mushrooms from the PRC. The revised dumping margin is as follows:

------------------------------------------------------------------------
                                     Original  final     Revised  final
       Exporter/manufacturer              margin             margin
                                        percentage         percentage
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Primera Harvest (Xiangfan) Co.,                82.22              67.79
 Ltd..............................
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    We will notify U.S. Customs and Border Protection (``CBP'') of the 
revised cash deposit rate for Primera Harvest.

Scope of the Order

    The products covered by the order are certain preserved mushrooms 
whether imported whole, sliced, diced, or as stems and pieces. The 
preserved mushrooms covered under the 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 the 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.\2\
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    \2\ On June 19, 2000, the Department affirmed that 
``marinated,'' ``acidified,'' or ``pickled'' mushrooms containing 
less than 0.5 percent acetic acid are within the scope of the 
antidumping duty order. See ``Recommendation Memorandum--Final 
Ruling of Request by Tak Fat, et al. for Exclusion of Certain 
Marinated, Acidified Mushrooms from the Scope of the Antidumping 
Duty Order on Certain Preserved Mushrooms from the People's Republic 
of China,'' dated June 19, 2000.
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    The merchandise subject to the 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 (HTSUS). Although the 
HTSUS subheadings are provided for convenience and customs purposes, 
the written description of the scope of the order is dispositive.
    These amended final results of this new shipper review and notice 
are in accordance with sections 751(h) and 777(i) of the Act and 19 CFR 
351.224(e).

    Dated: October 19, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. E4-2858 Filed 10-25-04; 8:45 am]
BILLING CODE 3510-DS-P