[Federal Register Volume 73, Number 44 (Wednesday, March 5, 2008)]
[Notices]
[Page 11869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-4239]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-813]


Certain Preserved Mushrooms from India: Notice of Amended Final 
Results Pursuant to Final Court Decision

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On November 20, 2007, the Court of Appeals for the Federal 
Circuit (CAFC) reversed the decision of the Court of International 
Trade (CIT) which upheld the Department of Commerce's (the Department) 
determination in the 2002-2003 administrative review of certain 
preserved mushrooms from India to conduct a duty absorption inquiry 
under section 751(a)(4) of the Tariff Act of 1930, as amended (the 
Act), when the producer/exporter acts as its own importer of record. 
See Agro Dutch Industries Ltd. v. United States, Slip Op. 2007-1011 
(Fed. Cir. November 20, 2007) (CAFC Decision). Pursuant to the CAFC's 
decision and mandate, on January 24, 2008, the CIT entered final 
judgment and ordered the Department to annul all duty absorption 
findings with respect to Agro Dutch Industries, Ltd. (Agro Dutch). As 
there is now a final and conclusive court decision in this case, the 
Department is amending the final results of the 2002-2003 
administrative review of certain preserved mushrooms from India.

EFFECTIVE DATE: March 5, 2008.

FOR FURTHER INFORMATION CONTACT:  David Goldberger or Katherine 
Johnson, 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) 482-4929, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 20, 2004, the Department published its final results of 
administrative review, covering the period of review from February 1, 
2002, through January 31, 2003. See Certain Preserved Mushrooms From 
India: Final Results of Antidumping Duty Administrative Review, 69 FR 
51630, 51631 (August 20, 2004) (Final Results), and accompanying Issues 
and Decision Memorandum at Comment 5. In the Final Results, the 
Department determined that antidumping duties had been absorbed by the 
respondents in the review, including Agro Dutch, on those sales for 
which the respondent was the importer of record, in accordance with 
section 751(a)(4) of the Act. In October 2004, Agro Dutch contested the 
Department=s duty absorption finding, along with several other findings 
made in the Final Results, before the CIT. The CIT issued its decision, 
affirming the Department's finding of duty absorption, in March 2006. 
See Agro Dutch Industries., Ltd. v. United States, Slip Op. 2006-40 
(CIT March 28, 2006).
    Agro Dutch appealed that decision to the CAFC. On November 20, 
2007, the CAFC reversed the CIT's decision on the duty absorption 
issue. The CAFC held that the Department was not empowered to conduct a 
duty absorption inquiry under section 751(a)(4) of the Act with respect 
to the sales made by Agro Dutch on which it acted as the importer of 
record because such sales were not made by Agro Dutch through an 
importer with whom it is affiliated. The CAFC held that because the 
term ``affiliated'' is defined in the statute, the reference in section 
751(a)(4) of the Act that subject merchandise be sold ``through an 
importer who is affiliated'' with the producer/exporter is unambiguous 
-- i.e., the statutory definition of ``affiliated persons'' requires 
the presence of two or more entities and, therefore, Agro Dutch cannot 
be ``affiliated'' with itself. Pursuant to the CAFC's decision and 
mandate, on January 24, 2008, the CIT entered final judgment and 
ordered the Department to annul all duty absorption findings and 
conclusions with respect to Agro Dutch in the Final Results.
    Because there is now a final and conclusive court decision in this 
case, the Department is amending the final results of the 2002-2003 
administrative review.

Amended Final Results of Review

    We are amending the final results of the 2002-2003 administrative 
review on the antidumping duty order on certain preserved mushrooms 
from India to annul our duty absorption finding and conclusion with 
respect to Agro Dutch. Specifically, we annul our finding that Agro 
Dutch absorbed antidumping duties during the period of review on those 
sales for which it was the importer of record. This amendment does not 
affect the weighted-average margin calculated for Agro Dutch for the 
period of review.

Assessment

    The Department will instruct U.S. Customs and Border Protection 
(CBP) to assess antidumping duties on all appropriate entries for this 
review. We intend to issue the assessment instructions to CBP 15 days 
after the date of publication of these amended final results of review.
    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Act.

    Dated: February 28, 2008.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
[FR Doc. E8-4239 Filed 3-4-08; 8:45 am]
BILLING CODE 3510-DS-S