[Federal Register Volume 74, Number 242 (Friday, December 18, 2009)]
[Notices]
[Pages 67170-67172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30156]
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DEPARTMENT OF COMMERCE
International Trade Administration
A-337-804, A-533-813, A-560-802, A-570-851
Certain Preserved Mushrooms from Chile, India, Indonesia and the
People's Republic of China: Final Results of the Expedited Sunset
Reviews of the Antidumping Duty Orders
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On October 1, 2009, the Department of Commerce (the
Department) initiated sunset reviews of the antidumping duty orders on
certain preserved mushrooms from Chile, India, Indonesia, and the
People's Republic of China (PRC), pursuant to section 751(c) of the
Tariff Act of 1930, as amended (the Act). The Department has conducted
expedited (120-day) sunset reviews for these orders pursuant to 19 CFR
351.218(e)(1)(ii)(C)(2). As a result of these sunset reviews, the
Department finds that revocation of the antidumping duty orders would
be likely to lead to continuation or recurrence of dumping.
FOR FURTHER INFORMATION CONTACT: David Goldberger or Kate Johnson, AD/
CVD Operations, Office 2, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street & Constitution
Avenue, NW, Washington, DC 20230; telephone: (202) 482-4136 and (202)
482-4929, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 2, 1998, the Department published the antidumping duty
order on certain preserved mushrooms from Chile. See Notice of
Antidumping Duty Order: Certain Preserved Mushrooms from Chile, 63 FR
66529 (December 2, 1998). On February 19, 1999, the Department
published the antidumping duty orders on certain preserved mushrooms
from India, Indonesia, and the PRC. See Notice of Amendment of Final
Determination of Sales at Less Than Fair Value and Antidumping Duty
Order: Certain Preserved Mushrooms from India, 64 FR 8311 (February 19,
1999); Notice of Antidumping Duty Order: Certain Preserved Mushrooms
from Indonesia, 64 FR 8310 (February 19, 1999); and Notice of Amendment
of Final Determination of Sales at Less Than Fair Value and Antidumping
Duty Order: Certain Preserved Mushrooms from the People's Republic of
China, 64 FR 8308 (February 19, 1999).
In 2003-2004, the Department conducted the first sunset review on
imports of certain preserved mushrooms from Chile, India, Indonesia,
and the PRC, pursuant to section 751(c) of the Act, and found that
revocation of the antidumping duty orders would be likely to lead to
continuation or recurrence of dumping at the same rates as found in the
original investigations.\1\ In November 2004, the U.S. International
Trade Commission (ITC) determined, pursuant to section 751(c) of the
Act, that revocation of these antidumping duty orders would be likely
to lead to continuation or recurrence of material injury to an industry
in the United States within a reasonably foreseeable time.\2\ Also in
November 2004, the Department published a notice of continuation of
these antidumping duty orders.\3\
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\1\ See Certain Preserved Mushrooms from Chile, India, Indonesia
and the People's Republic of China: Final Results of Expedited
Sunset Reviews of Antidumping Duty Orders, 69 FR 11384 (March 10,
2004).
\2\ See Certain Preserved Mushrooms from Chile, China, India,
and Indonesia, 69 FR 63408 (November 1, 2004).
\3\ See Continuation of Antidumping Duty Orders on Certain
Preserved Mushrooms form Chile, the People's Republic of China,
India, and Indonesia, 69 FR 67308 (November 17, 2004).
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On October 1, 2009, the Department published the notice of
initiation of the sunset reviews of the antidumping duty orders on
certain preserved mushrooms from Chile, India, Indonesia, and the PRC,
pursuant to section 751(c) of the Act. See Initiation of Five-year
(``Sunset'') Reviews, 74 FR 50776 (October 1, 2009) (Notice of
Initiation).
The Department received a notice of intent to participate from the
Coalition for Fair Preserved Mushroom Trade (the ``Coalition''), a
domestic interested party, which is comprised of L.K. Bowman Company, a
division of Hanover Foods Corporation, Monterey Mushrooms, Inc., The
Mushroom Company (formerly Mushroom Canning Company), and Sunny Dell
Foods, Inc., within the deadline specified in 19 CFR 351.218(d)(1)(i).
The Coalition claimed interested party status under section 771(9)(C)
of the Act as a manufacturer of a domestic like product in the United
States.
The Department received a complete substantive response to the
notice of initiation from the domestic interested party within the 30-
day deadline specified in 19 CFR 351.218(d)(3)(i). We received no
substantive responses from respondent interested parties with respect
to any of the orders covered by these sunset reviews, nor was a hearing
requested. As a result, pursuant to 19 CFR 351.218(e)(1)(ii)(C)(2), the
Department conducted expedited (120-day) sunset reviews of the
antidumping duty orders on certain preserved mushrooms from Chile,
India, Indonesia, and the PRC.
Scope of the Orders
The products covered under the Certain Preserved Mushrooms orders
are imported whole, sliced, diced, or as stems and pieces. The
``preserved mushrooms'' covered under the orders 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,
[[Page 67171]]
brine, butter or butter sauce. Included within the scope of these
orders are ``brined'' mushrooms, which are presalted and packed in a
heavy salt solution to provisionally preserve them for further
processing. Also included within the scope of these orders, as of June
19, 2000, are marinated, acidified, or pickled mushrooms containing
less than 0.5 percent acetic acid.
Excluded from the scope of these orders 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; and (4) frozen mushrooms. The
merchandise subject to these orders was previously classifiable under
subheadings 2003.10.0027, 2003.10.0031, 2003.10.0037, 2003.10.0043,
2003.10.0047, 2003.10.0053, and 0711.90.4000 of the Harmonized Tariff
Schedule of the United States (``HTSUS''). Although the HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the scope of these orders is dispositive. As of
January 1, 2002, the HTSUS subheadings are as follows: 2003.10.0127,
2003.10.0131, 2003.10.0137, 2003.10.0143, 2003.10.0147, 2003.10.0153,
0711.51.0000.
Analysis of Comments Received
All issues raised in these reviews are addressed in the ``Issues
and Decision Memorandum for the Expedited Sunset Reviews of the
Antidumping Duty Orders on Certain Preserved Mushrooms from Chile,
India, Indonesia, and the People's Republic of China'' from John M.
Andersen, Acting Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Ronald K. Lorentzen, Deputy
Assistant Secretary for Import Administration (Decision Memo), which is
hereby adopted by, and issued concurrently with, this notice. The
issues discussed in the Decision Memo include the likelihood of
continuation or recurrence of dumping and the magnitude of the margins
likely to prevail if the orders were revoked. Parties can find a
complete discussion of all issues raised in these reviews and the
corresponding recommendations in this public memorandum which is on
file in the Central Records Unit, room 1117 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.
Final Results of Reviews
We determine that revocation of the antidumping duty orders on
certain preserved mushrooms from Chile, India, Indonesia, and the PRC
would be likely to lead to continuation or recurrence of dumping at the
following weighted-average percentage margins:
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Weighted-Average Margin
Manufacturers/Exporters/Producers (percent)
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Chile.....................................
Nature's Farm Products (Chile) S.A........ 148.51
All-Others Rate........................... 148.51
India.....................................
Agro Dutch Foods Ltd...................... 6.28
KICM (Madras) Ltd.*....................... 14.91
Alpine Biotech Ltd........................ 243.87
Mandeep Mushrooms Ltd..................... 243.87
All-Others Rate........................... 11.30
Indonesia.................................
PT Dieng Djaya/PT Surya Jaya Abadi Perkasa 7.94
PT Zeta Agro Corporation.................. *revoked
All-Others Rate........................... 11.26
PRC.......................................
China Processed Food I&E Co./Xiamen Jiahua 121.47
I&E Trading Company, Ltd.................
Tak Fat Trading Co........................ 162.47
Shenzhen Cofry Cereals, Oils, & Foodstuffs 151.15
Co., Ltd.................................
Gerber (Yunnan) Food Co................... 142.11
Jiangsu Cereals,Oils & Foodstuffs Group 142.11
Import & Export Corporation..............
Fujian Provincial Cereals, Oils & 142.11
Foodstuffs I&E Corp......................
Putian Cannery Fujian Province............ 142.11
Xiamen Gulong I&E Co., Ltd................ 142.11
General Canned Foods Factory of Zhangzhou. 142.11
Zhejiang Cereals,Oils & Foodstuffs I&E 142.11
Corp.....................................
Shanghai Foodstuffs I&E Corp.............. 142.11
Canned Goods Co. of Raoping............... 142.11
PRC-wide Rate............................. 198.63
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*The Department conducted a changed circumstances review and found that
KICM (Madras) Limited was the successor-in-interest to Hindustan Lever
Limited (formerly known as Ponds (India) Ltd.). See Certain Preserved
Mushrooms from India: Final Results of Changed Circumstances Review,
68 FR 6884 (February 11, 2003); Certain Preserved Mushrooms from
India: Preliminary Results of Antidumping Duty Administrative Review,
67 FR 10371 (March 7, 2002), unchanged in Certain Preserved Mushrooms
from India: Final Results of Antidumping Duty Administrative Review,
67 FR 46172 (July 12, 2002).
*Effective February 1, 2002, the antidumping duty order with respect to
PT Zeta Agro Corporation was revoked. See Final Results of Antidumping
Duty Administrative Review: Certain Preserved Mushrooms from Indonesia
and Final Determination to Revoke Order in Part, 68 FR 39521 (July 2,
2003).
This notice also serves as the only reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305. Timely
notification of the return or destruction of APO materials or
conversion to judicial protective orders is hereby requested. Failure
to comply with the regulations and terms of an APO is a violation which
is subject to sanction.
[[Page 67172]]
We are issuing and publishing the results and notice in accordance
with sections 751(c), 752(c), and 777(i)(1) of the Act.
Dated: December 14, 2009.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E9-30156 Filed 12-17-09; 8:45 am]
BILLING CODE 3510-DS-S