Certain Preserved Mushrooms From India: Final Results of Antidumping Duty Administrative Review, 10646-10647 [E6-2985]

Download as PDF 10646 Federal Register / Vol. 71, No. 41 / Thursday, March 2, 2006 / Notices wwhite on PROD1PC61 with NOTICES bona fide on the following: (1) The price and quantity for Wentai’s sale of crawfish tail meat were atypical vis-avis other exports from the PRC of the subject merchandise into the United States during the period of review, (2) circumstances surrounding the sale and negotiation for the single POR sale, (3) exporter and producer’s unreported business relationships, and (4) circumstances surrounding the formation of Wentai and Shunxiang. Because the Department has found these sales to be non-bona fide they are not subject to review. See Jiangsu JOM Memo, Sunbeauty Memo, and Wentai Memo. Wentai, Shanghai Sunbeauty, and Jiangsu JOM each only made a single, non-bona fide sale during the POR. Therefore, the Department intends to rescind these reviews because there are no reviewable sales during the POR. See Tianjin Tiancheng Pharmaceutical Co., Ltd. v. United States, 366 F. Supp. 2d 1246, 1249 (CIT 2005). Schedule for Final Results of Review Unless otherwise notified by the Department, interested parties may submit case briefs within 30 days of the date of publication of this notice in accordance with § 351.309(c)(ii) of the Department’s regulations. As part of the case brief, parties are encouraged to provide a summary of the arguments not to exceed five pages and a table of statutes, regulations, and cases cited. Rebuttal briefs, which must be limited to issues raised in the case briefs, must be filed within five days after the case brief is filed. Any interested party may request a hearing within 30 days of publication of this notice in accordance with § 351.310(c) of the Department’s regulations. Any hearing would normally be held 37 days after the publication of this notice, or the first workday thereafter, at the U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230. Individuals who wish to request a hearing must submit a written request within 30 days of the publication of this notice in the Federal Register to the Assistant Secretary for Import Administration, U.S. Department of Commerce, Room 1870, 14th Street and Constitution Avenue, NW., Washington, DC 20230. Requests for a public hearing should contain: (1) The party’s name, address, and telephone number; (2) the number of participants; and, (3) to the extent practicable, an identification of the arguments to be raised at the hearing. If a hearing is held, an interested party must limit its presentation only to arguments raised in its briefs. Parties should confirm by VerDate Aug<31>2005 17:54 Mar 01, 2006 Jkt 208001 telephone the time, date, and place of the hearing 48 hours before the scheduled time. The Department will issue the final results of this new shipper review, which will include the results of its analysis of issues raised in the briefs, within 90 days from the date of the preliminary results, unless the time limit is extended. Notification At the completion of this new shipper review, either with a final rescission or a notice of final results, the Department will notify the U.S. Customs and Border Protection that bonding is no longer permitted to fulfill security requirements for shipments by the exporter/producter combinations Jiangsu JOM, Shanghai Sunbeauty, and Wentai of freshwater crawfish tail meat from the PRC entered, or withdrawn from warehouse, for consumption on or after the publication of the final rescission or results notice in the Federal Register. If a final rescission notice is published, a cash deposit of 223.01 percent ad valorem shall be collected for any entries exported/ produced by Jiangsu JOM, Shanghai Sunbeauty, and Wentai. Should the Department reach a final result other than a rescission, an appropriate antidumping duty rate will be calculated for both assessment and cash deposit purposes. This notice also serves as the only reminder to parties subject to administrative protective orders (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 the return/ destruction of APO material or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanctions. This new shipper review and this notice are published in accordance with sections 751(a)(2)(B) and 777(i)(1) of the Act. Dated: February 23, 2006. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. [FR Doc. E6–2967 Filed 3–1–06; 8:45 am] Frm 00013 Fmt 4703 International Trade Administration [A–533–813] Certain Preserved Mushrooms From India: Final Results of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On November 7, 2005, the Department of Commerce published the preliminary results of the 2004–2005 administrative review of the antidumping duty order on certain preserved mushrooms from India. The review covers one manufacturer/ exporter, Agro Dutch Industries, Ltd. (Agro Dutch). The period of review is February 1, 2004, through January 31, 2005. Based on our analysis of the comments received, we have made changes in the margin calculations for Agro Dutch in this review. Therefore, the final results differ from the preliminary results. The final weightedaverage dumping margin for the reviewed firm is listed below in the section entitled ‘‘Final Results of Review.’’ AGENCY: EFFECTIVE DATE: March 2, 2006. FOR FURTHER INFORMATION CONTACT: David J. Goldberger or Gemal Brangman, 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– 3773, respectively. SUPPLEMENTARY INFORMATION: Background The review covers one manufacturer/ exporter: Agro Dutch. The period of review is February 1, 2004, through January 31, 2005. On November 7, 2005, the Department of Commerce (‘‘the Department’’) published the preliminary results of the administrative review of the antidumping duty order on certain preserved mushrooms from India (70 FR 67440) (‘‘Preliminary Results’’). We invited interested parties to comment on the preliminary results of review. Agro Dutch filed its case brief on December 7, 2005. The petitioner filed a rebuttal brief on December 14, 2005.1 Neither party requested a hearing. We 1 The petitioner is the Coalition for Fair Preserved Mushroom Trade which includes the following domestic companies: L.K. Bowman, Inc., Monterey Mushrooms, Inc., Mushroom Canning Company, and Sunny Dell Foods, Inc. BILLING CODE 3510–DS–S PO 00000 DEPARTMENT OF COMMERCE Sfmt 4703 E:\FR\FM\02MRN1.SGM 02MRN1 Federal Register / Vol. 71, No. 41 / Thursday, March 2, 2006 / Notices have conducted this administrative review in accordance with section 751(a) of the Tariff Act of 1930, as amended (‘‘the Act’’). wwhite on PROD1PC61 with NOTICES 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 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 (HTSUS). Although the HTSUS 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 Stephen J. Claeys, Deputy Assistant Secretary for Import Administration, to David M. Spooner, Assistant Secretary for Import Administration, dated February, XX, 2006, 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 VerDate Aug<31>2005 17:54 Mar 01, 2006 Jkt 208001 10647 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. 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 rate for Agro Dutch will be 0.76 percent; (2) for previously reviewed or investigated companies not listed above, 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 Changes From the Preliminary Results will be the rate established for the most Based on the information submitted recent period for the manufacturer of and our analysis of the comments the merchandise; and (4) the cash received, we have made certain changes deposit rate for all other manufacturers to the margin calculations for Agro or exporters will continue to be 11.30 Dutch. percent. This rate is the ‘‘All Others’’ Specifically, we corrected certain rate from the LTFV investigation. These arithmetic errors in the calculation of deposit requirements shall remain in normal value in the margin calculation effect until publication of the final program. See Comment 1 of the results of the next administrative Decision Memo. review. This notice also serves as a final Final Results of Review reminder to importers of their We determine that the following responsibility under 19 CFR weighted-average margin percentage 351.402(f(2)) to file a certificate exists: regarding the reimbursement of antidumping duties prior to liquidation Manufacturer/exporter Margin (percent) of the relevant entries during this review period. Failure to comply with Agro Dutch Industries Ltd. ............................ 0.76 this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties Assessment occurred and the subsequent assessment The Department shall determine, and of doubled antidumping duties. U.S. Customs and Border Protection This notice serves as the only (‘‘CBP’’) shall assess, antidumping reminder to parties subject to duties on all appropriate entries, in administrative protective order (APO) of accordance with 19 CFR 351.212(b). The their responsibility concerning the Department will issue appropriate disposition of proprietary information appraisement instructions for the disclosed under APO in accordance company subject to this review directly with 19 CFR 351.305(a)(3). Timely to CBP within 15 days of publication of written notification of return/ these final results of review. In destruction of APO materials or accordance with 19 CFR 351.106(c), we conversion to judicial protective order is will instruct CBP to assess antidumping hereby requested. Failure to comply duties on all appropriate entries covered with the regulations and the terms of an by this review if any importer–specific APO is a sanctionable violation. We are assessment rate calculated in the final issuing and publishing this results of this review is above de determination and notice in accordance minimis (i.e., is not less than 0.50 with sections 751(a)(1) and 777(i) of the percent). With respect to Agro Dutch, Act. we calculated importer–specific Dated: February 23, 2006. assessment rates for the subject Joseph A. Spetrini, merchandise by aggregating the Acting Assistant Secretary for Import dumping margins calculated for all the Administration. U.S. sales examined and dividing this amount by the total entered value of the Appendix—List of Issues sales examined. Comment 1: Programming Errors in the Margin Calculation Program Cash Deposit Requirements Comment 2: Currency Conversion Errors The following cash deposit in the Margin Calculation Program requirements will be effective for all shipments of the subject merchandise entered, or withdrawn from warehouse, PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 [FR Doc. E6–2985 Filed 3–1–06; 8:45 am] BILLING CODE 3510–DS–S E:\FR\FM\02MRN1.SGM 02MRN1

Agencies

[Federal Register Volume 71, Number 41 (Thursday, March 2, 2006)]
[Notices]
[Pages 10646-10647]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-2985]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-813]


Certain Preserved Mushrooms From India: Final Results of 
Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On November 7, 2005, the Department of Commerce published the 
preliminary results of the 2004-2005 administrative review of the 
antidumping duty order on certain preserved mushrooms from India. The 
review covers one manufacturer/exporter, Agro Dutch Industries, Ltd. 
(Agro Dutch). The period of review is February 1, 2004, through January 
31, 2005.
    Based on our analysis of the comments received, we have made 
changes in the margin calculations for Agro Dutch in this review. 
Therefore, the final results differ from the preliminary results. The 
final weighted-average dumping margin for the reviewed firm is listed 
below in the section entitled ``Final Results of Review.''

EFFECTIVE DATE: March 2, 2006.

FOR FURTHER INFORMATION CONTACT: David J. Goldberger or Gemal Brangman, 
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) 482-3773, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The review covers one manufacturer/exporter: Agro Dutch. The period 
of review is February 1, 2004, through January 31, 2005.
    On November 7, 2005, the Department of Commerce (``the 
Department'') published the preliminary results of the administrative 
review of the antidumping duty order on certain preserved mushrooms 
from India (70 FR 67440) (``Preliminary Results''). We invited 
interested parties to comment on the preliminary results of review.
    Agro Dutch filed its case brief on December 7, 2005. The petitioner 
filed a rebuttal brief on December 14, 2005.\1\ Neither party requested 
a hearing. We

[[Page 10647]]

have conducted this administrative review in accordance with section 
751(a) of the Tariff Act of 1930, as amended (``the Act'').
---------------------------------------------------------------------------

    \1\ The petitioner is the Coalition for Fair Preserved Mushroom 
Trade which includes the following domestic companies: L.K. Bowman, 
Inc., Monterey Mushrooms, Inc., Mushroom Canning Company, and Sunny 
Dell Foods, Inc.
---------------------------------------------------------------------------

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 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 (HTSUS). Although the 
HTSUS 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 Stephen J. 
Claeys, Deputy Assistant Secretary for Import Administration, to David 
M. Spooner, Assistant Secretary for Import Administration, dated 
February, XX, 2006, 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 the information submitted and our analysis of the comments 
received, we have made certain changes to the margin calculations for 
Agro Dutch.
    Specifically, we corrected certain arithmetic errors in the 
calculation of normal value in the margin calculation program. See 
Comment 1 of the Decision Memo.

Final Results of Review

    We determine that the following weighted-average margin percentage 
exists:

------------------------------------------------------------------------
                Manufacturer/exporter                  Margin (percent)
------------------------------------------------------------------------
Agro Dutch Industries Ltd...........................                0.76
------------------------------------------------------------------------

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(b). The 
Department will issue appropriate appraisement instructions for the 
company 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, 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.

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 rate for Agro Dutch will be 
0.76 percent; (2) for previously reviewed or investigated companies not 
listed above, 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(2)) 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: February 23, 2006.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.

Appendix--List of Issues

Comment 1: Programming Errors in the Margin Calculation Program
Comment 2: Currency Conversion Errors in the Margin Calculation Program

[FR Doc. E6-2985 Filed 3-1-06; 8:45 am]
BILLING CODE 3510-DS-S

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