[Federal Register Volume 75, Number 68 (Friday, April 9, 2010)]
[Notices]
[Pages 18151-18152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-8164]


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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 May 8, 2008, the United States Court of International Trade 
(CIT) sustained the results of redetermination made by the Department 
of Commerce (the Department) pursuant to the CIT's remand in Agro Dutch 
Industries Limited v. United States, Slip Op. 07-185 (CIT December 26, 
2007) (Agro Dutch II). See Agro Dutch Industries Limited v. United 
States, Slip Op. 08-50 (CIT May 8, 2008) (Agro Dutch III). Subsequent 
to the CIT's judgment upholding Commerce's remand redetermination, in 
October 2008, the CIT exercised its equitable power to order 
reliquidation of some of Agro Dutch's entries. See Agro Dutch 
Industries Limited v. United States, Slip Op. 08-110 (CIT October 17, 
2008) (Agro Dutch IV). The Government appealed the CIT's decision in 
Agro Dutch IV to the United States Court of Appeals for the Federal 
Circuit (CAFC), and on December 15, 2009, the CAFC affirmed the CIT's 
decision. See Agro Dutch Industries Limited v. United States, Slip Op. 
2009-1127 (Fed.Cir. December 15, 2009) (Agro Dutch V). As there is now 
a final and conclusive court decision in this case, the Department is 
amending the final results of the 2000-2001 administrative review of 
certain preserved mushrooms from India.

EFFECTIVE DATE: April 9, 2010.

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 July 12, 2002, the Department issued its final results in the 
antidumping duty administrative review of certain preserved mushrooms 
from India covering the period of review of February 1, 2000, through 
January 31, 2001. See Certain Preserved Mushrooms From India: Final 
Results of Antidumping Duty Administrative Review, 67 FR 46172 (July 
12, 2002), and accompanying Issues and Decisions Memorandum (Final 
Results). Agro Dutch challenged certain aspects of the Department's 
Final Results: (1) that the use of partial facts available and adverse 
inferences for certain of its sales was improper; (2) that the 
methodology used to determine Agro Dutch's constructed value was in 
error; (3) that the calculation of its imputed credit expenses was in 
error; and (4) that its entries were improperly and prematurely 
liquidated.
    In Agro Dutch Industries Limited v. United States, Slip Op. 07-25 
(CIT February 16, 2007) (Agro Dutch I), the CIT upheld the Department's 
determinations on issues (2) and (3) regarding constructive value and 
imputed credit expense methodologies. However, with respect to the 
first issue, that the use of partial facts available and adverse 
inferences for certain of Agro Dutch's sales was improper, the CIT 
instructed the Department on remand to revisit its determination.
    On March 3, 2007, the Department filed its remand redetermination 
and further explained its use and application of facts available in 
this review. In Agro Dutch II, the CIT did not accept the Department's 
explanation

[[Page 18152]]

and again remanded the case to the Department.
    On April 3, 2008, the Department issued its final results of 
redetermination pursuant to Agro Dutch II. The remand redetermination 
explained that, in accordance with the CIT's instructions, the 
Department analyzed the information on the record and made its 
determination for certain Agro Dutch sales on the basis of facts 
available without imputing an adverse inference. The Department's 
redetermination resulted in a change to the Final Results weighted-
average margin for Agro Dutch from 27.80 percent to 1.54 percent. The 
CIT sustained the Department's remand redetermination on May 8, 2008. 
See Agro Dutch III. On May 23, 2008, consistent with the decision in 
Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990), the 
Department notified the public that the CIT's decision was not in 
harmony with the Department's Final Results. See Certain Preserved 
Mushrooms from India: Notice of Court Decision Not in Harmony with 
Final Results of Administrative Review, 73 FR 30051 (May 23, 2008).
    Subsequent to the CIT's judgment upholding Commerce's remand 
redetermination, in October 2008, the CIT exercised its equitable power 
to order reliquidation of some of Agro Dutch's entries. Specifically, 
the CIT amended the effective date of the injunction retroactively to 
the date the CIT granted the injunction (i.e., October 1, 2002) and 
ordered that Agro Dutch's entries of subject merchandise that were 
liquidated on or after October 1, 2002, pursuant to the Department's 
Final Results, be reliquidated in accordance with the CIT's judgment in 
Agro Dutch III. See Agro Dutch IV.
    The Government appealed the CIT's decision in Agro Dutch IV to the 
CAFC and on December 15, 2009, the CAFC affirmed the CIT's decision. 
See Agro Dutch V. Because there is now a final and conclusive court 
decision in this case, the Department is amending the final results of 
the 2000-2001 administrative review.

Amended Final Results of Review

    We are amending the final results of the 2000-2001 administrative 
review of the antidumping duty order on certain preserved mushrooms 
from India to reflect the results of our remand redetermination. 
Specifically, the Department's redetermination resulted in changes to 
the Final Results weighted-average margin for Agro Dutch from 27.80 
percent to 1.54 percent.

Assessment

    The Department will instruct U.S. Customs and Border Protection 
(CBP) to assess antidumping duties on all appropriate entries for this 
review in accordance with these amended final results of review. 
Additionally, pursuant to the CIT's decision in Agro Dutch IV, as 
affirmed by the CAFC, the Department will instruct CBP to reliquidate, 
in accordance with these amended final results of review, Agro Dutch's 
entries of subject merchandise that were liquidated on or after October 
1, 2002, pursuant to the Final Results. 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: April 2, 2010.
John M. Andersen,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-8164 Filed 4-8-10; 8:45 am]
BILLING CODE 3510-DS-S