98-23668. Notice of Amended Preliminary Determination of Sales at Less Than Fair Value: Certain Preserved Mushrooms from Indonesia

[Federal Register Volume 63, Number 170 (Wednesday, September 2, 1998)]
[Notices]
[Pages 46776-46777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23668]


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DEPARTMENT OF COMMERCE

International Trade Administration
[A-560-802]


Notice of Amended Preliminary Determination of Sales at Less Than 
Fair Value: Certain Preserved Mushrooms from Indonesia

AGENCY: Import Administration, International Trade Administration, U.S. 
Department of Commerce.

EFFECTIVE DATE: September 2, 1998.

FOR FURTHER INFORMATION CONTACT: Mary J. Jenkins or Irene Darzenta 
Tzafolias, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: [phone] or [phone], 
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. In addition, unless otherwise 
indicated, all citations to the Department of Commerce's (the 
Department's) regulations are references to 19 CFR part 351 (62 FR 
27296; May 19, 1997).

Amended Preliminary Determination

    We are amending the preliminary determination of sales at less than 
fair value for certain preserved mushrooms from Indonesia to reflect 
the correction of a ministerial error made in the margin calculations 
in that determination. We are publishing this amendment to the 
preliminary determination pursuant to 19 CFR 351.224(e).

Case History

    On July 27, 1998, the Department preliminarily determined that 
certain preserved mushrooms from Indonesia are being, or are likely to 
be, sold in the United States at less than fair value (63 FR 41783; 
August 5, 1998).
    On July 29, 1998, we disclosed our calculations for the preliminary 
determination to counsel for PT Dieng Djaya(Dieng)/PT Surya Jaya Abadi 
Perkasa (Surya), and PT Zeta Agro Corporation (Zeta). On August 3, 
1998, we disclosed our calculations to counsel for petitioners.
    On August 3, 1998, we received a submission, timely filed pursuant 
to 19 CFR 351.224(c)(2), from Dieng/Surya and Zeta alleging ministerial 
errors in the Department's preliminary determination. In their 
submission, Dieng/Surya and Zeta requested that these errors be 
corrected and an amended preliminary determination be issued reflecting 
these changes.
    We did not receive ministerial error allegations from the 
petitioners. On August 11, petitioners filed comments on respondents' 
allegations. However, because it not the Department's practice to 
consider replies to comments submitted in connection with a preliminary 
determination under 19 CFR 351.224(c)(3), we did not consider these 
comments.

Amendment of Preliminary Determination

    The Department's regulations provide that the Department will 
correct any significant ministerial error by amending the preliminary 
determination. See 19 CFR 351.224(e). A significant ministerial error 
is an error the correction of which, either singly or in combination 
with other errors: (1) would result in a change of at least five 
absolute percentage points in, but not less than 25 percent of, the 
weighted-average dumping margin calculated in the original (erroneous) 
preliminary determination; or (2) would result in a difference between 
a weighted-average dumping margin of zero (or de minimis) and a 
weighted-average dumping margin of greater than de minimis, or vice 
versa. See 19 CFR 351.224(g).
    After analyzing Dieng/Surya and Zeta's submission, we have 
determined that a ministerial error was made in the margin calculation 
for Dieng/Surya and Zeta in the preliminary determination. 
Specifically, we inadvertently used programming language that 
incorrectly applied the number of cans per carton in the constructed 
value (CV) data base.
    Dieng/Surya and Zeta also alleged that the Department made three 
additional ministerial errors by: (1) overlooking record evidence of an 
Indonesian respondent in the calculation of CV profit and selling 
expenses, (2) failing to calculate combined weighted-average export 
prices for Dieng/Surya, and (3) incorrectly calculating general and 
administrative expenses for CV. However, the Department has determined 
that none of these errors is in fact a ministerial error as defined in 
19 CFR 351.224(f), and therefore, did not consider them at this time. 
See Memorandum to Louis Apple from The Team, dated August 20, 1998, for 
further discussion of Dieng/Surya and Zeta's ministerial error 
allegations and the Department's analysis.
    Pursuant to 19 CFR 351.224(g)(1), the ministerial error 
acknowledged above for Zeta is not significant. Therefore, we have not 
recalculated the margin for Zeta. However, with regard to Dieng/Surya, 
because the correction of the ministerial error results in a difference 
between a weighted-average dumping margin of greater than de minimis 
and a weighted-average dumping margin of de minimis, the Department 
hereby amends its preliminary determination with respect to Dieng/Surya 
to correct this error. In addition, we have recalculated the ``All 
Others Rate.''

[[Page 46777]]

Pursuant to section 735(c)(5)(A) of the Act, the Department has 
excluded the de minimis margin from the calculation of the ``All Others 
Rate.''
    The revised weighted-average dumping margins are as follows:

------------------------------------------------------------------------
        Exporter/Manufacturer         Weighted-average margin percentage
------------------------------------------------------------------------
PT Dieng Djaya/PT Surya Jaya Abadi    0.42% (de minimis)                
 Perkasa.                                                               
PT Zeta Agro Corporation............  29.58%                            
All Others..........................  29.58%                            
------------------------------------------------------------------------

Suspension of Liquidation

    We will instruct the U.S. Customs to discontinue the suspension of 
liquidation of all entries of mushrooms from Indonesia produced/
exported by PT Dieng Djaya/PT Surya Jaya Abadi Perkasa. In accordance 
with section 733(d)(2) of the Act, the Department will direct the U.S. 
Customs Service to continue to suspend liquidation of all other entries 
of mushrooms from Indonesia that are entered, or withdrawn from 
warehouse, for consumption, on or after the date of publication of this 
notice in the Federal Register. The U.S. Customs Service shall continue 
to require a cash deposit or posting of bond equal to the estimated 
amount by which the normal value exceeds the U.S. price as show above. 
These instructions will remain in effect until further notice.

International Trade Commission Notification

    In accordance with section 733(f) of the Act, we have notified the 
International Trade Commission of the amended preliminary 
determination.
    This amended preliminary determination is published pursuant to 
section 777(i) of the Act and 19 CFR 351.224(e).

    Dated: August 26, 1998.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 98-23668 Filed 9-1-98; 8:45 am]
BILLING CODE 3510-DS-P