[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:

------------------------------------------------------------------------
                                               Weighted-Average Margin
     Manufacturers/Exporters/Producers                (percent)
------------------------------------------------------------------------
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
------------------------------------------------------------------------
 *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