Certain Preserved Mushrooms From India: Final Results of Antidumping Duty Administrative Review, 37757-37759 [E5-3443]
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37757
Federal Register / Vol. 70, No. 125 / Thursday, June 30, 2005 / Notices
Period to be
reviewed
Nachi-Fujikoshi Corporation ...................................................................................................................................................
Nippon Pillow Block Company, Ltd. .......................................................................................................................................
NSK Ltd. .................................................................................................................................................................................
NTN Corporation ....................................................................................................................................................................
Sapporo Precision, Inc. ..........................................................................................................................................................
Singapore: A–599–801
NMB/Pelmec ...........................................................................................................................................................................
U.K.: A–412–801
NSK Bearings Europe ............................................................................................................................................................
The Barden Corporation (U.K.), Ltd. ......................................................................................................................................
Ball
Ball
Ball
Ball
Ball
5/1/04–4/30/05
Ball
5/1/04–4/30/05
Ball
Ball
Countervailing Duty Proceedings
Canada: Certain Softwood Lumber, C–122–839 ...................................................................................................................
4/1/04–3/31/05
Suspension Agreements
None.
1 If one of the named companies does not qualify for a separate rate, all other exporters of pure magnesium from the People’s Republic of
China who have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which the named
exporters are a part.
During any administrative review
covering all or part of a period falling
between the first and second or third
and fourth anniversary of the
publication of an antidumping duty
order under section 351.211 or a
determination under section
351.218(f)(4) to continue an order or
suspended investigation (after sunset
review), the Secretary, if requested by a
domestic interested party within 30
days of the date of publication of the
notice of initiation of the review, will
determine, consistent with FAG Italia v.
United States, 291 F.3d 806 (Fed. Cir.
2002), as appropriate, whether
antidumping duties have been absorbed
by an exporter or producer subject to the
review if the subject merchandise is
sold in the United States through an
importer that is affiliated with such
exporter or producer. The request must
include the name(s) of the exporter or
producer for which the inquiry is
requested.
Interested parties must submit
applications for disclosure under
administrative protective orders in
accordance with 19 CFR 351.305.
These initiations and this notice are
in accordance with section 751(a) of the
Tariff Act of 1930, as amended (19
U.S.C. 1675(a)), and 19 CFR
351.221(c)(1)(i).
Dated: June 28, 2005.
Holly A. Kuga,
Senior Office Director, AD/CVD Operations,
Office 4 for Import Administration.
[FR Doc. 05–13095 Filed 6–29–05; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
SUPPLEMENTARY INFORMATION:
International Trade Administration
Background
A–533–813
The review covers four
manufacturers/exporters: Agro Dutch
Industries Ltd. (‘‘Agro Dutch’’), Flex
Foods, Ltd. (‘‘Flex Foods’’), Premier
Mushroom Farms (‘‘Premier’’), and
Weikfield Agro Products Ltd.
(‘‘Weikfield’’). The period of review is
February 1, 2003, through January 31,
2004.
On March 4, 2005, the Department of
Commerce (‘‘the Department’’)
published the preliminary results of the
fifth administrative review of the
antidumping duty order on certain
preserved mushrooms from India (70 FR
10597) (‘‘Preliminary Results’’). We
invited parties to comment on the
preliminary results of review.
On March 2, 2005, the Department
issued a final supplemental
questionnaire to Flex Foods. Flex Foods
responded to the supplemental
questionnaire on March 22, 2005. We
received case briefs from Flex Foods on
April 19, 2005, and Agro Dutch on April
20, 2005. The petitioner filed a rebuttal
brief on April 27, 2005. Premier and
Weikfield did not comment on the
preliminary results. On May 11, 2005,
the Department issued a letter to Agro
Dutch requesting additional information
on its reporting of transportation
insurance expenses. Agro Dutch
submitted this information on May 18,
2005. We have conducted this
administrative review in accordance
with section 751(a) of the Tariff Act of
1930, as amended (‘‘the Act’’).
Certain Preserved Mushrooms From
India: Final Results of Antidumping
Duty Administrative Review
AGENCY: Import
Administration, International Trade
Administration, Department of
Commerce.
ACTION: Notice of final results of
antidumping duty administrative review
AGENCY:
SUMMARY: On March 8, 2005, the
Department of Commerce published the
preliminary results of the fifth
administrative review of the
antidumping duty order on certain
preserved mushrooms from India. The
review covers four manufacturers/
exporters. The period of review is
February 1, 2003, through January 31,
2004.
Based on our analysis of the
comments received, we have made
changes in the margin calculations for
two of the four companies covered by
this review. Therefore, the final results
differ from the preliminary results. The
final weighted–average dumping
margins for the reviewed firms are listed
below in the section entitled ‘‘Final
Results of Review.’’
EFFECTIVE DATE: June 30, 2005.
FOR FURTHER INFORMATION CONTACT:
David J. Goldberger or Katherine
Johnson, AD/CVD Operations, Office 2,
Import Administration–Room B095,
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.
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Sfmt 4703
Scope of the Order
The products covered by this order
are certain preserved mushrooms,
whether imported whole, sliced, diced,
or as stems and pieces. The preserved
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30JNN1
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Federal Register / Vol. 70, No. 125 / Thursday, June 30, 2005 / Notices
mushrooms covered under 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 this order
are ‘‘brined’’ mushrooms, which are
presalted and packed in a heavy salt
solution to provisionally preserve them
for further processing.
Excluded from the scope of this 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 currently classifiable under
subheadings 2003.10.0127,
2003.10.0131, 2003.10.0137,
2003.10.0143, 2003.10.0147,
2003.10.0153 and 0711.51.0000 of the
Harmonized Tariff Schedule of the
United States (HTS). Although the HTS
subheadings are provided for
convenience and customs purposes, our
written description of the scope of this
order dispositive.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this
antidumping duty administrative review
are addressed in the ‘‘Issues and
Decision Memorandum’’ (‘‘Decision
Memo’’) from Barbara E. Tillman,
Acting Deputy Assistant Secretary for
Import Administration, to Joseph A.
Spetrini, Acting Assistant Secretary for
Import Administration, dated June 24,
2005, which is hereby adopted by this
notice. A list of the issues which parties
have raised and to which we have
responded, all of which are in the
Decision Memo, is attached to this
notice as an Appendix. Parties can find
a complete discussion of all issues
raised in this review and the
corresponding recommendations in this
public memorandum which is on file in
the Central Records Unit, room B–099 of
the main Department building. In
addition, a complete version of the
Decision Memo can be accessed directly
VerDate jul<14>2003
16:26 Jun 29, 2005
Jkt 205001
on the Web at https://ia.ita.doc.gov/frn.
The paper copy and electronic version
of the Decision Memo are identical in
content.
Changes from the Preliminary Results
Based on information submitted by
Agro Dutch and Flex Foods after the
preliminary results and our analysis of
the comments received, we have made
certain changes to the margin
calculations for Agro Dutch and Flex
Foods:
1. We incorporated the transportation
insurance expense data from Agro
Dutch’s original questionnaire response
in our calculation in order to properly
account for the expenses incurred on
U.S. and Israeli sales.
2. We corrected programming errors in
our preliminary results calculation
affecting the currency conversions of
certain expenses in the comparison
market program of Agro Dutch.
3. We revised the third–country net
price calculation in the comparison
market program to subtract, rather than
add, Agro Dutch’s billing adjustment on
certain third–country sales.
4. We corrected Agro Dutch’s normal
value calculation to deduct third–
country imputed credit expense in the
margin calculation program.
5. We corrected an error in the
calculation of normal value where, in
the preliminary results, we had
inadvertently applied the currency
conversion factor to the third–country
billing adjustment that was already in
U.S. dollars.
6. We subtracted the cost of the raw
material used for research and
development from Flex Foods’s raw
material cost and added this expense to
the general and administrative (G&A)
expenses in the calculation of Flex
Food’s G&A expense ratio. See Memo to
File: Flex Foods Limited Final Results
Calculation Memorandum, June 24,
2005 (Flex Foods Final Results
Calculation Memorandum).
7. We recalculated Flex Foods’ raw
material costs to subtract the cost of raw
materials consumed in the
manufacturing of spawn sold to outside
buyers. See Flex Foods Final Results
Calculation Memorandum.
8. We recalculated Flex Foods’ farming
costs included in the reported material
costs to reflect the costs incurred during
the POR, rather than Flex Foods’ 2003
- 2004 fiscal year. See Flex Foods Final
Results Calculation Memorandum.
Final Results of Review
We determine that the following
weighted–average margin percentages
exist:
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Manufacturer/exporter
Agro Dutch Industries
Ltd .............................
Premier Mushroom
Farms ........................
Flex Foods, Ltd. ............
Weikfield Agro Products
Ltd. ............................
Margin (percent)
0.62
41.67
114.76
25.69
Assessment
The Department shall determine, and
U.S. Customs and Border Protection
(‘‘CBP’’) shall assess, antidumping
duties on all appropriate entries, in
accordance with 19 CFR 351.212. The
Department will issue appropriate
appraisement instructions for the
companies subject to this review
directly to CBP within 15 days of
publication of these final results of
review. In accordance with 19 CFR
351.106(c), we will instruct CBP to
assess antidumping duties on all
appropriate entries covered by this
review if any importer–specific
assessment rate calculated in the final
results of this review is above de
minimis (i.e., is not less than 0.50
percent). With respect to Agro Dutch,
Premier, and Weikfield, we calculated
importer–specific assessment rates for
the subject merchandise by aggregating
the dumping margins calculated for all
the U.S. sales examined and dividing
this amount by the total entered value
of the sales examined. For Flex Foods,
because it did not report the actual
entered value of its sales, we calculated
importer–specific assessment rates by
aggregating the dumping margins
calculated for all of the U.S. sales
examined and dividing this amount by
the total quantity of the sales examined.
To determine whether the duty
assessment rates were de minimis, in
accordance with the requirement set
forth in 19 CFR 351.106(c)(2), we
calculated importer–specific ad valorem
ratios based on export prices.
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(1) of the Act: (1) The
cash deposit rates for the reviewed
companies will be those established in
the final results of this review, except if
the rate is less than 0.50 percent, and
therefore de minimis within the
meaning of 19 CFR 351.106(c)(1), in
which case the cash deposit rate will be
zero; (2) for previously reviewed or
investigated companies not listed above,
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Federal Register / Vol. 70, No. 125 / Thursday, June 30, 2005 / Notices
the cash deposit rate will continue to be
the company–specific rate published for
the most recent period; (3) if the
exporter is not a firm covered in this
review, a prior review, or the original
less–than-fair–value (‘‘LTFV’’)
investigation, but the manufacturer is,
the cash deposit rate will be the rate
established for the most recent period
for the manufacturer of the
merchandise; and (4) the cash deposit
rate for all other manufacturers or
exporters will continue to be 11.30
percent. This rate is the ‘‘All Others’’
rate from the LTFV investigation. These
deposit requirements shall remain in
effect until publication of the final
results of the next administrative
review.
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping duties
prior to liquidation of the relevant
entries during this review period.
Failure to comply with this requirement
could result in the Secretary’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of doubled
antidumping duties.
This notice serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return/
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation. We are
issuing and publishing this
determination and notice in accordance
with sections 751(a)(1) and 777(i) of the
Act.
Flex Foods
Comment 5: Calculation of Flex Foods’
Fresh Mushroom Costs
Comment 6: Calculation of Flex Foods’
Financial Expense Ratio
[FR Doc. E5–3443 Filed 6–29–05; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–588–845]
Stainless Steel Sheet and Strip in Coils
from Japan: Final Results of
Antidumping Duty Administrative
Review
Appendix List of Issues
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On April 11, 2005, the
Department of Commerce (the
Department) published the preliminary
results of the administrative review of
the antidumping duty order on stainless
steel sheet and strip in coils from Japan
with respect to Kawasaki Steel
Corporation (KSC) and its alleged
successor-in-interest JFE Steel
Corporation (JFE). The period of review
is July 1, 2003, through June 30, 2004.
The petitioners submitted comments
agreeing with the Department’s
preliminary results. No other interested
party submitted comments and we have
made no changes to our preliminary
results. Therefore, the final results do
not differ from the preliminary results.
The final margin is listed below in the
‘‘Final Results of Review’’ section of this
notice.
DATES: Effective June 30, 2005.
FOR FURTHER INFORMATION CONTACT: P.
Lee Smith or Kate 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) 482–1655 and (202)
482–4929, respectively.
SUPPLEMENTARY INFORMATION:
Company–Specific Comments:
Background
Agro Dutch
Comment 1: Currency Identification of
Agro Dutch’s Transportation Insurance
Expenses
Comment 2: Currency Conversions in
Agro Dutch’s Comparison Market
Computer Program
Comment 3: Agro Dutch’s Third–
Country Billing Adjustment
Comment 4: Omission of Third–Country
Imputed Credit Expense in Normal
Value Calculation
On April 11, 2005, the Department
published in the Federal Register the
preliminary results of administrative
review of the antidumping duty order
on stainless steel sheet and strip in coils
from Japan (70 FR 18369) (Preliminary
Results).
We invited parties to comment on the
preliminary results of the review. On
April 21, 2005, the petitioners
submitted a letter in support of the
Department’s use of adverse facts
Dated: June 24, 2005.
Joseph Spetrini,
Acting Assistant Secretary for Import
Administration.
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AGENCY:
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37759
available in the preliminary results. No
other interested party submitted
comments. The Department has
conducted this administrative review in
accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act).
Scope of the Order
The products covered by this order
are certain stainless steel sheet and strip
in coils. Stainless steel is an alloy steel
containing, by weight, 1.2 percent or
less of carbon and 10.5 percent or more
of chromium, with or without other
elements. The subject sheet and strip is
a flat-rolled product in coils that is
greater than 9.5 mm in width and less
than 4.75 mm in thickness, and that is
annealed or otherwise heat treated and
pickled or otherwise descaled. The
subject sheet and strip may also be
further processed (e.g., cold-rolled,
polished, aluminized, coated, etc.)
provided that it maintains the specific
dimensions of sheet and strip following
such processing.
The merchandise subject to this order
is currently classifiable in the
Harmonized Tariff Schedule of the
United States (HTS) at subheadings:
7219.13.00.31, 7219.13.00.51,
7219.13.00.71, 7219.13.00.81,
7219.14.00.30, 7219.14.00.65,
7219.14.00.90, 7219.32.00.05,
7219.32.00.20, 7219.32.00.25,
7219.32.00.35, 7219.32.00.36,
7219.32.00.38, 7219.32.00.42,
7219.32.00.44, 7219.33.00.05,
7219.33.00.20, 7219.33.00.25,
7219.33.00.35, 7219.33.00.36,
7219.33.00.38, 7219.33.00.42,
7219.33.00.44, 7219.34.00.05,
7219.34.00.20, 7219.34.00.25,
7219.34.00.30, 7219.34.00.35,
7219.35.00.05, 7219.35.00.15,
7219.35.00.30, 7219.35.00.35,
7219.90.00.10, 7219.90.00.20,
7219.90.00.25, 7219.90.00.60,
7219.90.00.80, 7220.12.10.00,
7220.12.50.00, 7220.20.10.10,
7220.20.10.15, 7220.20.10.60,
7220.20.10.80, 7220.20.60.05,
7220.20.60.10, 7220.20.60.15,
7220.20.60.60, 7220.20.60.80,
7220.20.70.05, 7220.20.70.10,
7220.20.70.15, 7220.20.70.60,
7220.20.70.80, 7220.20.80.00,
7220.20.90.30, 7220.20.90.60,
7220.90.00.10, 7220.90.00.15,
7220.90.00.60, and 7220.90.00.80.
Although the HTS subheadings are
provided for convenience and customs
purposes, the Department’s written
description of the merchandise under
review is dispositive.
Excluded from the scope of this order
are the following: (1) Sheet and strip
that is not annealed or otherwise heat
treated and pickled or otherwise
E:\FR\FM\30JNN1.SGM
30JNN1
]]>Agencies
[Federal Register Volume 70, Number 125 (Thursday, June 30, 2005)]
[Notices]
[Pages 37757-37759]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-3443]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
A-533-813
Certain Preserved Mushrooms From India: Final Results of
Antidumping Duty Administrative Review
AGENCY: AGENCY: Import Administration, International Trade
Administration, Department of Commerce.
ACTION: Notice of final results of antidumping duty administrative
review
-----------------------------------------------------------------------
SUMMARY: On March 8, 2005, the Department of Commerce published the
preliminary results of the fifth administrative review of the
antidumping duty order on certain preserved mushrooms from India. The
review covers four manufacturers/exporters. The period of review is
February 1, 2003, through January 31, 2004.
Based on our analysis of the comments received, we have made
changes in the margin calculations for two of the four companies
covered by this review. Therefore, the final results differ from the
preliminary results. The final weighted-average dumping margins for the
reviewed firms are listed below in the section entitled ``Final Results
of Review.''
EFFECTIVE DATE: June 30, 2005.
FOR FURTHER INFORMATION CONTACT: David J. Goldberger or Katherine
Johnson, AD/CVD Operations, Office 2, Import Administration-Room B095,
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
The review covers four manufacturers/exporters: Agro Dutch
Industries Ltd. (``Agro Dutch''), Flex Foods, Ltd. (``Flex Foods''),
Premier Mushroom Farms (``Premier''), and Weikfield Agro Products Ltd.
(``Weikfield''). The period of review is February 1, 2003, through
January 31, 2004.
On March 4, 2005, the Department of Commerce (``the Department'')
published the preliminary results of the fifth administrative review of
the antidumping duty order on certain preserved mushrooms from India
(70 FR 10597) (``Preliminary Results''). We invited parties to comment
on the preliminary results of review.
On March 2, 2005, the Department issued a final supplemental
questionnaire to Flex Foods. Flex Foods responded to the supplemental
questionnaire on March 22, 2005. We received case briefs from Flex
Foods on April 19, 2005, and Agro Dutch on April 20, 2005. The
petitioner filed a rebuttal brief on April 27, 2005. Premier and
Weikfield did not comment on the preliminary results. On May 11, 2005,
the Department issued a letter to Agro Dutch requesting additional
information on its reporting of transportation insurance expenses. Agro
Dutch submitted this information on May 18, 2005. We have conducted
this administrative review in accordance with section 751(a) of the
Tariff Act of 1930, as amended (``the Act'').
Scope of the Order
The products covered by this order are certain preserved mushrooms,
whether imported whole, sliced, diced, or as stems and pieces. The
preserved
[[Page 37758]]
mushrooms covered under 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
this order are ``brined'' mushrooms, which are presalted and packed in
a heavy salt solution to provisionally preserve them for further
processing.
Excluded from the scope of this 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 currently classifiable
under subheadings 2003.10.0127, 2003.10.0131, 2003.10.0137,
2003.10.0143, 2003.10.0147, 2003.10.0153 and 0711.51.0000 of the
Harmonized Tariff Schedule of the United States (HTS). Although the HTS
subheadings are provided for convenience and customs purposes, our
written description of the scope of this order dispositive.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this antidumping duty administrative review are addressed in the
``Issues and Decision Memorandum'' (``Decision Memo'') from Barbara E.
Tillman, Acting Deputy Assistant Secretary for Import Administration,
to Joseph A. Spetrini, Acting Assistant Secretary for Import
Administration, dated June 24, 2005, which is hereby adopted by this
notice. A list of the issues which parties have raised and to which we
have responded, all of which are in the Decision Memo, is attached to
this notice as an Appendix. Parties can find a complete discussion of
all issues raised in this review and the corresponding recommendations
in this public memorandum which is on file in the Central Records Unit,
room B-099 of the main Department building. In addition, a complete
version of the Decision Memo can be accessed directly on the Web at
https://ia.ita.doc.gov/frn. The paper copy and electronic version of the
Decision Memo are identical in content.
Changes from the Preliminary Results
Based on information submitted by Agro Dutch and Flex Foods after
the preliminary results and our analysis of the comments received, we
have made certain changes to the margin calculations for Agro Dutch and
Flex Foods:
1. We incorporated the transportation insurance expense data from Agro
Dutch's original questionnaire response in our calculation in order to
properly account for the expenses incurred on U.S. and Israeli sales.
2. We corrected programming errors in our preliminary results
calculation affecting the currency conversions of certain expenses in
the comparison market program of Agro Dutch.
3. We revised the third-country net price calculation in the comparison
market program to subtract, rather than add, Agro Dutch's billing
adjustment on certain third-country sales.
4. We corrected Agro Dutch's normal value calculation to deduct third-
country imputed credit expense in the margin calculation program.
5. We corrected an error in the calculation of normal value where, in
the preliminary results, we had inadvertently applied the currency
conversion factor to the third-country billing adjustment that was
already in U.S. dollars.
6. We subtracted the cost of the raw material used for research and
development from Flex Foods's raw material cost and added this expense
to the general and administrative (G&A) expenses in the calculation of
Flex Food's G&A expense ratio. See Memo to File: Flex Foods Limited
Final Results Calculation Memorandum, June 24, 2005 (Flex Foods Final
Results Calculation Memorandum).
7. We recalculated Flex Foods' raw material costs to subtract the cost
of raw materials consumed in the manufacturing of spawn sold to outside
buyers. See Flex Foods Final Results Calculation Memorandum.
8. We recalculated Flex Foods' farming costs included in the reported
material costs to reflect the costs incurred during the POR, rather
than Flex Foods' 2003 - 2004 fiscal year. See Flex Foods Final Results
Calculation Memorandum.
Final Results of Review
We determine that the following weighted-average margin percentages
exist:
------------------------------------------------------------------------
Manufacturer/exporter Margin (percent)
------------------------------------------------------------------------
Agro Dutch Industries Ltd........................... 0.62
Premier Mushroom Farms.............................. 41.67
Flex Foods, Ltd..................................... 114.76
Weikfield Agro Products Ltd......................... 25.69
------------------------------------------------------------------------
Assessment
The Department shall determine, and U.S. Customs and Border
Protection (``CBP'') shall assess, antidumping duties on all
appropriate entries, in accordance with 19 CFR 351.212. The Department
will issue appropriate appraisement instructions for the companies
subject to this review directly to CBP within 15 days of publication of
these final results of review. In accordance with 19 CFR 351.106(c), we
will instruct CBP to assess antidumping duties on all appropriate
entries covered by this review if any importer-specific assessment rate
calculated in the final results of this review is above de minimis
(i.e., is not less than 0.50 percent). With respect to Agro Dutch,
Premier, and Weikfield, we calculated importer-specific assessment
rates for the subject merchandise by aggregating the dumping margins
calculated for all the U.S. sales examined and dividing this amount by
the total entered value of the sales examined. For Flex Foods, because
it did not report the actual entered value of its sales, we calculated
importer-specific assessment rates by aggregating the dumping margins
calculated for all of the U.S. sales examined and dividing this amount
by the total quantity of the sales examined. To determine whether the
duty assessment rates were de minimis, in accordance with the
requirement set forth in 19 CFR 351.106(c)(2), we calculated importer-
specific ad valorem ratios based on export prices.
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(1) of the Act: (1) The cash deposit rates for the reviewed
companies will be those established in the final results of this
review, except if the rate is less than 0.50 percent, and therefore de
minimis within the meaning of 19 CFR 351.106(c)(1), in which case the
cash deposit rate will be zero; (2) for previously reviewed or
investigated companies not listed above,
[[Page 37759]]
the cash deposit rate will continue to be the company-specific rate
published for the most recent period; (3) if the exporter is not a firm
covered in this review, a prior review, or the original less-than-fair-
value (``LTFV'') investigation, but the manufacturer is, the cash
deposit rate will be the rate established for the most recent period
for the manufacturer of the merchandise; and (4) the cash deposit rate
for all other manufacturers or exporters will continue to be 11.30
percent. This rate is the ``All Others'' rate from the LTFV
investigation. These deposit requirements shall remain in effect until
publication of the final results of the next administrative review.
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this review period. Failure to comply with this
requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return/destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation. We
are issuing and publishing this determination and notice in accordance
with sections 751(a)(1) and 777(i) of the Act.
Dated: June 24, 2005.
Joseph Spetrini,
Acting Assistant Secretary for Import Administration.
Appendix List of Issues
Company-Specific Comments:
Agro Dutch
Comment 1: Currency Identification of Agro Dutch's Transportation
Insurance Expenses
Comment 2: Currency Conversions in Agro Dutch's Comparison Market
Computer Program
Comment 3: Agro Dutch's Third-Country Billing Adjustment
Comment 4: Omission of Third-Country Imputed Credit Expense in Normal
Value Calculation
Flex Foods
Comment 5: Calculation of Flex Foods' Fresh Mushroom Costs
Comment 6: Calculation of Flex Foods' Financial Expense Ratio
[FR Doc. E5-3443 Filed 6-29-05; 8:45 am]
BILLING CODE 3510-DS-S
