[Federal Register Volume 72, Number 23 (Monday, February 5, 2007)]
[Notices]
[Pages 5268-5269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-1810]


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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 6, 2006, the Department of Commerce published the 
preliminary results of the administrative review of the antidumping 
duty order on certain preserved mushrooms from India covering the 
period February 1, 2005, through January 31, 2006. This administrative 
review covers one manufacturer/exporter, Agro Dutch Industries, Ltd. 
(``Agro Dutch'').
    No interested party commented on the preliminary results. We have 
made no changes to the margin calculation. Therefore, the final results 
do not 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:  February 5, 2007.

FOR FURTHER INFORMATION CONTACT: Terre Keaton Stefanova or David J. 
Goldberger, 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- 1280 or (202) 482-4136, respectively.

SUPPLEMENTARY INFORMATION:

Background

    This administrative review of the antidumping duty order on certain 
preserved mushrooms from India covers one manufacturer/exporter: Agro 
Dutch. The period of review (``POR'') is February 1, 2005, through 
January 31, 2006.
    On November 6, 2006, the Department of Commerce (``the 
Department'') published the preliminary results of this administrative 
review. See Certain Preserved Mushrooms from India:

[[Page 5269]]

Preliminary Results of Antidumping Duty Administrative Review, 71 FR 
64938 (``Preliminary Results''). We invited interested parties to 
comment on the preliminary results of review. No interested party 
submitted comments. 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 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.

Final Results of Review

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

------------------------------------------------------------------------
                                                                Margin
                    Manufacturer/exporter                      (percent)
------------------------------------------------------------------------
Agro Dutch Industries, Ltd..................................        0.61
------------------------------------------------------------------------

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). 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. Pursuant to 19 CFR 351.106(c)(2), 
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). The Department intends to issue 
assessment instructions to CBP 15 days after the date of publication of 
these final results of review.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). This 
clarification will apply to entries of subject merchandise during the 
POR produced by the company included in these final results of review 
for which the reviewed company did not know its merchandise was 
destined for the United States. In such instances, we will instruct CBP 
to liquidate unreviewed entries at the ``All Others'' rate if there is 
no rate for the intermediate company(ies) involved in the transaction.

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 
0.61 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: January 30, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E7-1810 Filed 2-2-07; 8:45 am]
BILLING CODE 3510-DS-S