[Federal Register Volume 70, Number 135 (Friday, July 15, 2005)]
[Notices]
[Pages 40982-40983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-3778]


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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

    Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: July 15, 2005.

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, N.W., 
Washington, D.C. 20230; telephone: (202) 482-4136 or (202) 482-4929, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On February 1, 2005, the Department published in the Federal 
Register (70 FR 5136) a notice of ``Opportunity To Request 
Administrative Review'' of the antidumping duty order on certain 
preserved mushrooms from India for the period February 1, 2004, through 
January 31, 2005. On February 25, 2005, Agro Dutch Industries, Ltd. 
(Agro Dutch) requested an administrative review of its sales. On 
February 27, 2005, 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), Himalya International, 
Ltd. (Himalya), Hindustan Lever Limited (Hindustan), KICM (Madras) Ltd. 
(KICM), Mandeep Mushrooms Ltd. (Mandeep), Premier Mushroom Farms 
(Premier), Saptarishi

[[Page 40983]]

Agro Industries Ltd. (Saptarishi Agro), Transchem Ltd. (Transchem), 
Techtran Agro Industries Limited (Techtran) and Weikfield Agro Products 
Ltd. (Weikfield). On March 23, 2005, 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 Revocation in Part, 70 FR 
14643.
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    \1\ The petitioner is the Coalition for Fair Preserved Mushroom 
Trade which includes: L.K. Bowman, Inc., Monterey Mushrooms, Inc., 
Mushroom Canning Company, and Sunny Dell Foods, Inc.
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    On May 6, 2005, the petitioner timely withdrew its request for 
review with respect to KICM. On June 17, 2005, the petitioner requested 
that the Department extend the deadline established under 19 CFR 
351.213(d)(1) to withdraw its request for review of other companies 
until July 5, 2005. On June 21, 2005, we granted this request. On June 
29, 2005, the petitioner withdrew its request for review with respect 
to Alpine Biotech, Dinesh Agro, Flex Foods, Himalya, Hindustan, 
Mandeep, Premier, Saptarishi Agro, Transchem, Techtran and Weikfield.

Partial Rescission of Review

    Section 351.213(d)(1) of the Department's regulations stipulates 
that the Secretary will rescind an administrative review, in whole or 
in part, if a party that requested a review withdraws the request 
within 90 days of the date of publication of notice of initiation of 
the requested review, unless the Secretary decides that it is 
reasonable to extend this time limit. In this case, the petitioner 
withdrew its request for review of Alpine Biotech, Dinesh Agro, Flex 
Foods, Himalya, Hindustan, KICM, Mandeep, Premier, Saptarishi Agro, 
Transchem, Techtran and Weikfield within the extended time limit. 
Therefore, because the petitioner was the only party to request the 
administrative review of these companies, we are rescinding, in part, 
this review of the antidumping duty order on certain preserved 
mushrooms from India as to Alpine Biotech, Dinesh Agro, Flex Foods, 
Himalya, Hindustan, KICM, Mandeep, Premier, Saptarishi Agro\2\, 
Transchem, Techtran and Weikfield. This review will continue with 
respect to Agro Dutch.
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    \2\ On March 25, 2005, Agro Dutch stated that it had purchased 
the mushroom operations of Saptarishi Agro prior to the current 
review period. Therefore, any sales made by Saptarishi Agro during 
the current review period will be examined in the context of the 
administrative review of Agro Dutch.
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Assessment

    The Department will instruct U.S. Customs and Border Protection 
(CBP) to assess antidumping duties on all appropriate entries. 
Antidumping duties for these rescinded companies shall be assessed at 
rates equal to the cash deposit of estimated antidumping duties 
required at the time of entry, or withdrawal from warehouse, for 
consumption, in accordance with 19 CFR 351.212(c)(1)(i). The Department 
will issue appropriate assessment instructions directly to CBP within 
15 days of publication of this notice.
    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: July 11, 2005.
Susan H. Kuhbach,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-3778 Filed 7-14-05; 8:45 am]
BILLING CODE: 3510-DS-S