[Federal Register Volume 71, Number 41 (Thursday, March 2, 2006)]
[Notices]
[Pages 10646-10647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-2985]


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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: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On November 7, 2005, the Department of Commerce published the 
preliminary results of the 2004-2005 administrative review of the 
antidumping duty order on certain preserved mushrooms from India. The 
review covers one manufacturer/exporter, Agro Dutch Industries, Ltd. 
(Agro Dutch). The period of review is February 1, 2004, through January 
31, 2005.
    Based on our analysis of the comments received, we have made 
changes in the margin calculations for Agro Dutch in this review. 
Therefore, the final results differ from the preliminary results. The 
final weighted-average dumping margin for the reviewed firm is listed 
below in the section entitled ``Final Results of Review.''

EFFECTIVE DATE: March 2, 2006.

FOR FURTHER INFORMATION CONTACT: David J. Goldberger or Gemal Brangman, 
AD/CVD Operations, Office 2, 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) 482-3773, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The review covers one manufacturer/exporter: Agro Dutch. The period 
of review is February 1, 2004, through January 31, 2005.
    On November 7, 2005, the Department of Commerce (``the 
Department'') published the preliminary results of the administrative 
review of the antidumping duty order on certain preserved mushrooms 
from India (70 FR 67440) (``Preliminary Results''). We invited 
interested parties to comment on the preliminary results of review.
    Agro Dutch filed its case brief on December 7, 2005. The petitioner 
filed a rebuttal brief on December 14, 2005.\1\ Neither party requested 
a hearing. We

[[Page 10647]]

have conducted this administrative review in accordance with section 
751(a) of the Tariff Act of 1930, as amended (``the Act'').
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    \1\ The petitioner is the Coalition for Fair Preserved Mushroom 
Trade which includes the following domestic companies: L.K. Bowman, 
Inc., Monterey Mushrooms, Inc., Mushroom Canning Company, and Sunny 
Dell Foods, Inc.
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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 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 (HTSUS). Although the 
HTSUS 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 Stephen J. 
Claeys, Deputy Assistant Secretary for Import Administration, to David 
M. Spooner, Assistant Secretary for Import Administration, dated 
February, XX, 2006, 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 the information submitted and our analysis of the comments 
received, we have made certain changes to the margin calculations for 
Agro Dutch.
    Specifically, we corrected certain arithmetic errors in the 
calculation of normal value in the margin calculation program. See 
Comment 1 of the Decision Memo.

Final Results of Review

    We determine that the following weighted-average margin percentage 
exists:

------------------------------------------------------------------------
                Manufacturer/exporter                  Margin (percent)
------------------------------------------------------------------------
Agro Dutch Industries Ltd...........................                0.76
------------------------------------------------------------------------

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(b). The 
Department will issue appropriate appraisement instructions for the 
company 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, 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.

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 rate for Agro Dutch will be 
0.76 percent; (2) for previously reviewed or investigated companies not 
listed above, 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(2)) 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: February 23, 2006.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.

Appendix--List of Issues

Comment 1: Programming Errors in the Margin Calculation Program
Comment 2: Currency Conversion Errors in the Margin Calculation Program

[FR Doc. E6-2985 Filed 3-1-06; 8:45 am]
BILLING CODE 3510-DS-S