[Federal Register Volume 64, Number 33 (Friday, February 19, 1999)]
[Notices]
[Pages 8311-8312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-4201]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-813]
Notice of Amendment of Final Determination of Sales at Less Than
Fair Value and Antidumping Duty Order: Certain Preserved Mushrooms From
India
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: February 19, 1999.
FOR FURTHER INFORMATION CONTACT: David J. Goldberger or Kate Johnson,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, N.W.,
Washington, D.C. 20230; telephone: (202) 482-4136 or (202) 482-4929,
respectively.
The Applicable Statute
Unless otherwise indicated, all citations to the Tariff Act of
1930, as amended (``the Act''), are references to the provisions
effective January 1, 1995, the effective date of the amendments made to
the Act by the Uruguay Round Agreements Act (``URAA''). In addition,
unless otherwise indicated, all citations to the Department of Commerce
(``Department'') regulations are to the regulations at 19 CFR Part 351
(1998).
Amendment to the Final Determination
On December 18, 1998, the Department made its final determination
that certain preserved mushrooms from India are being, or are likely to
be, sold in the United States at less than fair value. See Notice of
Final Determination of Sales at Less Than Fair Value: Certain Preserved
Mushrooms from India, 63 FR 72246, December 31, 1998 (``Final
Determination''). We disclosed our calculations for the final
determination to all interested parties on December 21 and 22, 1998.
On January 8, 1999, we received a submission from the petitioners
1 in the investigation alleging ministerial errors
pertaining to the margin calculations in the Department's final
determination.
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\1\ L.K. Bowman, Inc., Modern Mushroom Farms, Inc., Monterey
Mushrooms, Inc., Mount Laurel Canning Corp., Mushroom Canning
Company, Southwood Farms, Sunny Dell Foods, Inc., and United Canning
Corp.
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After analyzing the submission, we have determined, in accordance
with 19 CFR 351.224, that ministerial errors were made in the margin
calculations for Ponds India Ltd. Specifically:
We failed to include all mini mushroom models for cost of
production calculation purposes.
We failed to include all mini mushroom models for
constructed value calculation purposes.
For a detailed discussion of the ministerial error allegations and
the Department's analysis, see Memorandum to Louis Apple from the Team,
dated January 29, 1999.
Therefore, in accordance with 19 CFR 351.224(e), we are amending
the final determination of the antidumping duty investigation of
certain preserved mushrooms from India. The revised weighted-average
dumping margins are in the ``Antidumping Order'' section below.
Scope of Order
The products covered by this antidumping duty order are certain
preserved mushrooms whether imported whole, sliced, diced, or as stems
and pieces. The preserved mushrooms covered by 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 the order are ``brined'' mushrooms, which are
presalted and packed in a heavy salt solution to provisionally preserve
them for further processing.
[[Page 8312]]
Excluded from the scope of the 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 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 (``HTS''). Although the HTS subheadings
are provided for convenience and Customs purposes, the written
description of the merchandise under investigation is dispositive.
Antidumping Duty Order
On February 12, 1999, in accordance with section 735(d) of the Act,
the U.S. International Trade Commission (ITC) notified the Department
that a U.S. industry is materially injured by reason of imports of
certain preserved mushrooms from India, pursuant to section
735(b)(1)(A) of the Act. Therefore, in accordance with section
736(a)(1) of the Act, the Department will direct the United States
Customs Service to assess, upon further advice by the Department,
antidumping duties equal to the amount by which the normal value of the
merchandise exceeds the export price and constructed export price of
the merchandise for all relevant entries of certain preserved mushrooms
from India. These antidumping duties will be assessed on all
unliquidated entries of all imports of subject merchandise that are
entered, or withdrawn from warehouse, for consumption on or after
August 5, 1998, the date of publication of the preliminary
determination in the Federal Register.
On or after the date of publication of this notice in the Federal
Register, Customs officers must require, at the same time as importers
would normally deposit estimated duties, the cash deposits listed below
for the subject merchandise. The All Others rate applies to all
exporters of subject merchandise not specifically listed below.
The revised final weighted-average dumping margins are as follows:
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Original final Revised final
Exporter/manufacturer margin margin
Percentage percentage
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Agro Dutch Foods Ltd.................... 6.28 6.28
Ponds (India) Ltd....................... 14.19 14.91
Alpine Biotech Ltd...................... 243.87 243.87
Mandeep Mushrooms Ltd................... 243.87 243.87
All Others.............................. 10.87 11.30
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This notice constitutes the antidumping duty order with respect to
certain preserved mushrooms from India, pursuant to section 736(a) of
the Act. Interested parties may contact the Central Records Unit, Room
B-099 of the Main Commerce Building, for copies of an updated list of
antidumping duty orders currently in effect.
This order is published in accordance with section 736(a) of the
Act and 19 CFR 351.211.
Dated: February 16, 1999.
Richard W. Moreland,
Acting Assistant Secretary for Import Administration.
[FR Doc. 99-4201 Filed 2-18-99; 8:45 am]
BILLING CODE 3510-DS-P
