[Federal Register Volume 70, Number 125 (Thursday, June 30, 2005)]
[Notices]
[Pages 37757-37759]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-3443]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-533-813


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

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

ACTION: Notice of final results of antidumping duty administrative 
review

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SUMMARY: On March 8, 2005, the Department of Commerce published the 
preliminary results of the fifth administrative review of the 
antidumping duty order on certain preserved mushrooms from India. The 
review covers four manufacturers/exporters. The period of review is 
February 1, 2003, through January 31, 2004.
    Based on our analysis of the comments received, we have made 
changes in the margin calculations for two of the four companies 
covered by this review. Therefore, the final results differ from the 
preliminary results. The final weighted-average dumping margins for the 
reviewed firms are listed below in the section entitled ``Final Results 
of Review.''

EFFECTIVE DATE: June 30, 2005.

FOR FURTHER INFORMATION CONTACT: David J. Goldberger or Katherine 
Johnson, AD/CVD Operations, Office 2, Import Administration-Room B095, 
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

    The review covers four manufacturers/exporters: Agro Dutch 
Industries Ltd. (``Agro Dutch''), Flex Foods, Ltd. (``Flex Foods''), 
Premier Mushroom Farms (``Premier''), and Weikfield Agro Products Ltd. 
(``Weikfield''). The period of review is February 1, 2003, through 
January 31, 2004.
    On March 4, 2005, the Department of Commerce (``the Department'') 
published the preliminary results of the fifth administrative review of 
the antidumping duty order on certain preserved mushrooms from India 
(70 FR 10597) (``Preliminary Results''). We invited parties to comment 
on the preliminary results of review.
    On March 2, 2005, the Department issued a final supplemental 
questionnaire to Flex Foods. Flex Foods responded to the supplemental 
questionnaire on March 22, 2005. We received case briefs from Flex 
Foods on April 19, 2005, and Agro Dutch on April 20, 2005. The 
petitioner filed a rebuttal brief on April 27, 2005. Premier and 
Weikfield did not comment on the preliminary results. On May 11, 2005, 
the Department issued a letter to Agro Dutch requesting additional 
information on its reporting of transportation insurance expenses. Agro 
Dutch submitted this information on May 18, 2005. We have conducted 
this administrative review in accordance with section 751(a) 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

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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 (HTS). Although the HTS 
subheadings are provided for convenience and customs purposes, our 
written description of the scope of this order dispositive.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this antidumping duty administrative review are addressed in the 
``Issues and Decision Memorandum'' (``Decision Memo'') from Barbara E. 
Tillman, Acting Deputy Assistant Secretary for Import Administration, 
to Joseph A. Spetrini, Acting Assistant Secretary for Import 
Administration, dated June 24, 2005, which is hereby adopted by this 
notice. A list of the issues which parties have raised and to which we 
have responded, all of which are in the Decision Memo, is attached to 
this notice as an Appendix. Parties can find a complete discussion of 
all issues raised in this review and the corresponding recommendations 
in this public memorandum which is on file in the Central Records Unit, 
room B-099 of the main Department building. In addition, a complete 
version of the Decision Memo can be accessed directly on the Web at 
http://ia.ita.doc.gov/frn. The paper copy and electronic version of the 
Decision Memo are identical in content.

Changes from the Preliminary Results

    Based on information submitted by Agro Dutch and Flex Foods after 
the preliminary results and our analysis of the comments received, we 
have made certain changes to the margin calculations for Agro Dutch and 
Flex Foods:
1. We incorporated the transportation insurance expense data from Agro 
Dutch's original questionnaire response in our calculation in order to 
properly account for the expenses incurred on U.S. and Israeli sales.
2. We corrected programming errors in our preliminary results 
calculation affecting the currency conversions of certain expenses in 
the comparison market program of Agro Dutch.
3. We revised the third-country net price calculation in the comparison 
market program to subtract, rather than add, Agro Dutch's billing 
adjustment on certain third-country sales.
4. We corrected Agro Dutch's normal value calculation to deduct third-
country imputed credit expense in the margin calculation program.
5. We corrected an error in the calculation of normal value where, in 
the preliminary results, we had inadvertently applied the currency 
conversion factor to the third-country billing adjustment that was 
already in U.S. dollars.
6. We subtracted the cost of the raw material used for research and 
development from Flex Foods's raw material cost and added this expense 
to the general and administrative (G&A) expenses in the calculation of 
Flex Food's G&A expense ratio. See Memo to File: Flex Foods Limited 
Final Results Calculation Memorandum, June 24, 2005 (Flex Foods Final 
Results Calculation Memorandum).
7. We recalculated Flex Foods' raw material costs to subtract the cost 
of raw materials consumed in the manufacturing of spawn sold to outside 
buyers. See Flex Foods Final Results Calculation Memorandum.
8. We recalculated Flex Foods' farming costs included in the reported 
material costs to reflect the costs incurred during the POR, rather 
than Flex Foods' 2003 - 2004 fiscal year. See Flex Foods Final Results 
Calculation Memorandum.

Final Results of Review

    We determine that the following weighted-average margin percentages 
exist:

------------------------------------------------------------------------
                Manufacturer/exporter                  Margin (percent)
------------------------------------------------------------------------
Agro Dutch Industries Ltd...........................                0.62
Premier Mushroom Farms..............................               41.67
Flex Foods, Ltd.....................................              114.76
Weikfield Agro Products Ltd.........................               25.69
------------------------------------------------------------------------

Assessment

    The Department shall determine, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries, in accordance with 19 CFR 351.212. The Department 
will issue appropriate appraisement instructions for the companies 
subject to this review directly to CBP within 15 days of publication of 
these final results of review. In accordance with 19 CFR 351.106(c), we 
will instruct CBP 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., is not less than 0.50 percent). With respect to Agro Dutch, 
Premier, and Weikfield, we calculated importer-specific assessment 
rates for the subject merchandise by aggregating the dumping margins 
calculated for all the U.S. sales examined and dividing this amount by 
the total entered value of the sales examined. For Flex Foods, because 
it did not report the actual entered value of its sales, we calculated 
importer-specific assessment rates by aggregating the dumping margins 
calculated for all of the U.S. sales examined and dividing this amount 
by the total quantity of the sales examined. 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.

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 rates for the reviewed 
companies will be those established in the final results of this 
review, except if the rate is less than 0.50 percent, and therefore de 
minimis within the meaning of 19 CFR 351.106(c)(1), in which case the 
cash deposit rate will be zero; (2) for previously reviewed or 
investigated companies not listed above,

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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 11.30 
percent. This rate is the ``All Others'' rate from the LTFV 
investigation. These deposit requirements shall remain in effect until 
publication of the final results of the next administrative review.
    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this review period. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.
    This notice serves as the only reminder to parties subject to 
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 materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation. We 
are issuing and publishing this determination and notice in accordance 
with sections 751(a)(1) and 777(i) of the Act.

    Dated: June 24, 2005.
Joseph Spetrini,
Acting Assistant Secretary for Import Administration.

Appendix List of Issues

Company-Specific Comments:
Agro Dutch
Comment 1: Currency Identification of Agro Dutch's Transportation 
Insurance Expenses
Comment 2: Currency Conversions in Agro Dutch's Comparison Market 
Computer Program
Comment 3: Agro Dutch's Third-Country Billing Adjustment
Comment 4: Omission of Third-Country Imputed Credit Expense in Normal 
Value Calculation
Flex Foods
Comment 5: Calculation of Flex Foods' Fresh Mushroom Costs
Comment 6: Calculation of Flex Foods' Financial Expense Ratio
[FR Doc. E5-3443 Filed 6-29-05; 8:45 am]
BILLING CODE 3510-DS-S