[Federal Register Volume 71, Number 145 (Friday, July 28, 2006)]
[Notices]
[Pages 42801-42802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-12123]


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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

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

EFFECTIVE DATE: July 28, 2006.

FOR FURTHER INFORMATION CONTACT: Terre Keaton or David J. Goldberger, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-1280 or (202) 482-4136, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On February 1, 2006, the Department published in the Federal 
Register (70 FR 5239) a notice of ``Opportunity To Request 
Administrative Review'' of the antidumping duty order on certain 
preserved mushrooms from India for the period February 1, 2005, through 
January 31, 2006. On February 28, 2006, Agro Dutch Industries, Ltd. 
(Agro Dutch) requested an administrative review of its sales. On 
February 28, 2006, the petitioner\1\ requested an administrative review 
of the antidumping duty order for the following companies: Agro Dutch 
and Himalya International, Ltd. (Himalya). On April 5, 2006, 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 Deferral of 
Administrative Reviews, 71 FR 17077 (April 5, 2006).
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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 July 10, 2006, the petitioner withdrew its request for review of 
Himalya and requested that the Department under 19 CFR 351.213(d)(1) 
retroactively extend the July 5, 2006, deadline to July 19, 2006, in 
order to consider its withdrawal request.

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

[[Page 42802]]

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 Himalya past the 90-day deadline. However, for 
the reasons stated in the petitioner's July 10, 2006, letter, we have 
retroactively extended the deadline to withdraw the review request, and 
accepted the petitioner's withdrawal request. Because the petitioner 
was the only party to request the administrative review of Himalya, we 
are rescinding, in part, this review of the antidumping duty order on 
certain preserved mushrooms from India with respect to Himalya. This 
review will continue with respect to Agro Dutch.

Assessment

    The Department will instruct U.S. Customs and Border Protection 
(CBP) to assess antidumping duties on all appropriate entries. 
Antidumping duties for the rescinded company shall be assessed at a 
rate 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 24, 2006.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E6-12123 Filed 7-27-06; 8:45 am]
BILLING CODE: 3510-DS-S