Certain Preserved Mushrooms from Chile, India, Indonesia and the People's Republic of China: Final Results of the Expedited Sunset Reviews of the Antidumping Duty Orders, 67170-67172 [E9-30156]
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Federal Register / Vol. 74, No. 242 / Friday, December 18, 2009 / Notices
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[FR Doc. E9–30113 Filed 12–17–09; 8:45 am]
BILLING CODE 3410–11–P
DEPARTMENT OF COMMERCE
International Trade Administration
A–337–804, A–533–813, A–560–802, A–570–
851
sroberts on DSKD5P82C1PROD with NOTICES
Certain Preserved Mushrooms from
Chile, India, Indonesia and the
People’s Republic of China: Final
Results of the Expedited Sunset
Reviews of the Antidumping Duty
Orders
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On October 1, 2009, the
Department of Commerce (the
Department) initiated sunset reviews of
the antidumping duty orders on certain
preserved mushrooms from Chile, India,
Indonesia, and the People’s Republic of
China (PRC), pursuant to section 751(c)
of the Tariff Act of 1930, as amended
(the Act). The Department has
VerDate Nov<24>2008
17:33 Dec 17, 2009
Jkt 220001
conducted expedited (120-day) sunset
reviews for these orders pursuant to 19
CFR 351.218(e)(1)(ii)(C)(2). As a result
of these sunset reviews, the Department
finds that revocation of the antidumping
duty orders would be likely to lead to
continuation or recurrence of dumping.
FOR FURTHER INFORMATION CONTACT:
David Goldberger or Kate Johnson, AD/
CVD Operations, Office 2, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street & Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–4136 and (202)
482–4929, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 2, 1998, the Department
published the antidumping duty order
on certain preserved mushrooms from
Chile. See Notice of Antidumping Duty
Order: Certain Preserved Mushrooms
from Chile, 63 FR 66529 (December 2,
1998). On February 19, 1999, the
Department published the antidumping
duty orders on certain preserved
mushrooms from India, Indonesia, and
the PRC. See Notice of Amendment of
Final Determination of Sales at Less
Than Fair Value and Antidumping Duty
Order: Certain Preserved Mushrooms
from India, 64 FR 8311 (February 19,
1999); Notice of Antidumping Duty
Order: Certain Preserved Mushrooms
from Indonesia, 64 FR 8310 (February
19, 1999); and Notice of Amendment of
Final Determination of Sales at Less
Than Fair Value and Antidumping Duty
Order: Certain Preserved Mushrooms
from the People’s Republic of China, 64
FR 8308 (February 19, 1999).
In 2003–2004, the Department
conducted the first sunset review on
imports of certain preserved mushrooms
from Chile, India, Indonesia, and the
PRC, pursuant to section 751(c) of the
Act, and found that revocation of the
antidumping duty orders would be
likely to lead to continuation or
recurrence of dumping at the same rates
as found in the original investigations.1
In November 2004, the U.S.
International Trade Commission (ITC)
determined, pursuant to section 751(c)
of the Act, that revocation of these
antidumping duty orders would be
likely to lead to continuation or
recurrence of material injury to an
industry in the United States within a
1 See Certain Preserved Mushrooms from Chile,
India, Indonesia and the People’s Republic of
China: Final Results of Expedited Sunset Reviews
of Antidumping Duty Orders, 69 FR 11384 (March
10, 2004).
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
reasonably foreseeable time.2 Also in
November 2004, the Department
published a notice of continuation of
these antidumping duty orders.3
On October 1, 2009, the Department
published the notice of initiation of the
sunset reviews of the antidumping duty
orders on certain preserved mushrooms
from Chile, India, Indonesia, and the
PRC, pursuant to section 751(c) of the
Act. See Initiation of Five-year
(‘‘Sunset’’) Reviews, 74 FR 50776
(October 1, 2009) (Notice of Initiation).
The Department received a notice of
intent to participate from the Coalition
for Fair Preserved Mushroom Trade (the
‘‘Coalition’’), a domestic interested
party, which is comprised of L.K.
Bowman Company, a division of
Hanover Foods Corporation, Monterey
Mushrooms, Inc., The Mushroom
Company (formerly Mushroom Canning
Company), and Sunny Dell Foods, Inc.,
within the deadline specified in 19 CFR
351.218(d)(1)(i). The Coalition claimed
interested party status under section
771(9)(C) of the Act as a manufacturer
of a domestic like product in the United
States.
The Department received a complete
substantive response to the notice of
initiation from the domestic interested
party within the 30-day deadline
specified in 19 CFR 351.218(d)(3)(i). We
received no substantive responses from
respondent interested parties with
respect to any of the orders covered by
these sunset reviews, nor was a hearing
requested. As a result, pursuant to 19
CFR 351.218(e)(1)(ii)(C)(2), the
Department conducted expedited (120day) sunset reviews of the antidumping
duty orders on certain preserved
mushrooms from Chile, India,
Indonesia, and the PRC.
Scope of the Orders
The products covered under the
Certain Preserved Mushrooms orders are
imported whole, sliced, diced, or as
stems and pieces. The ‘‘preserved
mushrooms’’ covered under the orders
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,
2 See Certain Preserved Mushrooms from Chile,
China, India, and Indonesia, 69 FR 63408
(November 1, 2004).
3 See Continuation of Antidumping Duty Orders
on Certain Preserved Mushrooms form Chile, the
People’s Republic of China, India, and Indonesia,
69 FR 67308 (November 17, 2004).
E:\FR\FM\18DEN1.SGM
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Federal Register / Vol. 74, No. 242 / Friday, December 18, 2009 / Notices
brine, butter or butter sauce. Included
within the scope of these orders are
‘‘brined’’ mushrooms, which are
presalted and packed in a heavy salt
solution to provisionally preserve them
for further processing. Also included
within the scope of these orders, as of
June 19, 2000, are marinated, acidified,
or pickled mushrooms containing less
than 0.5 percent acetic acid.
Excluded from the scope of these
orders 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; and (4) frozen mushrooms.
The merchandise subject to these orders
was previously 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 (‘‘HTSUS’’). Although the
HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the scope of these
orders is dispositive. As of January 1,
2002, the HTSUS subheadings are as
follows: 2003.10.0127, 2003.10.0131,
2003.10.0137, 2003.10.0143,
2003.10.0147, 2003.10.0153,
0711.51.0000.
Analysis of Comments Received
All issues raised in these reviews are
addressed in the ‘‘Issues and Decision
Memorandum for the Expedited Sunset
Reviews of the Antidumping Duty
Orders on Certain Preserved Mushrooms
from Chile, India, Indonesia, and the
People’s Republic of China’’ from John
M. Andersen, Acting Deputy Assistant
Secretary for Antidumping and
Countervailing Duty Operations, to
Ronald K. Lorentzen, Deputy Assistant
Secretary for Import Administration
(Decision Memo), which is hereby
adopted by, and issued concurrently
with, this notice. The issues discussed
in the Decision Memo include the
67171
likelihood of continuation or recurrence
of dumping and the magnitude of the
margins likely to prevail if the orders
were revoked. Parties can find a
complete discussion of all issues raised
in these reviews and the corresponding
recommendations in this public
memorandum which is on file in the
Central Records Unit, room 1117 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.
Final Results of Reviews
We determine that revocation of the
antidumping duty orders on certain
preserved mushrooms from Chile, India,
Indonesia, and the PRC would be likely
to lead to continuation or recurrence of
dumping at the following weighted–
average percentage margins:
Weighted–Average Margin
(percent)
Manufacturers/Exporters/Producers
Chile.
Nature’s Farm Products (Chile) S.A. .........................................................................................................................
All–Others Rate .........................................................................................................................................................
India.
Agro Dutch Foods Ltd. ..............................................................................................................................................
KICM (Madras) Ltd.* ..................................................................................................................................................
Alpine Biotech Ltd. .....................................................................................................................................................
Mandeep Mushrooms Ltd. .........................................................................................................................................
All–Others Rate .........................................................................................................................................................
Indonesia.
PT Dieng Djaya/PT Surya Jaya Abadi Perkasa ........................................................................................................
PT Zeta Agro Corporation .........................................................................................................................................
All–Others Rate .........................................................................................................................................................
PRC.
China Processed Food I&E Co./Xiamen Jiahua I&E Trading Company, Ltd. ..........................................................
Tak Fat Trading Co. ..................................................................................................................................................
Shenzhen Cofry Cereals, Oils, & Foodstuffs Co., Ltd. .............................................................................................
Gerber (Yunnan) Food Co. ........................................................................................................................................
Jiangsu Cereals,Oils & Foodstuffs Group Import & Export Corporation ..................................................................
Fujian Provincial Cereals, Oils & Foodstuffs I&E Corp. ............................................................................................
Putian Cannery Fujian Province ................................................................................................................................
Xiamen Gulong I&E Co., Ltd. ....................................................................................................................................
General Canned Foods Factory of Zhangzhou .........................................................................................................
Zhejiang Cereals,Oils & Foodstuffs I&E Corp. ..........................................................................................................
Shanghai Foodstuffs I&E Corp. .................................................................................................................................
Canned Goods Co. of Raoping .................................................................................................................................
PRC–wide Rate .........................................................................................................................................................
148.51
148.51
6.28
14.91
243.87
243.87
11.30
7.94
*revoked
11.26
121.47
162.47
151.15
142.11
142.11
142.11
142.11
142.11
142.11
142.11
142.11
142.11
198.63
sroberts on DSKD5P82C1PROD with NOTICES
*The Department conducted a changed circumstances review and found that KICM (Madras) Limited was the successor–in-interest to Hindustan Lever Limited (formerly known as Ponds (India) Ltd.). See Certain Preserved Mushrooms from India: Final Results of Changed Circumstances Review, 68 FR 6884 (February 11, 2003); Certain Preserved Mushrooms from India: Preliminary Results of Antidumping Duty Administrative Review, 67 FR 10371 (March 7, 2002), unchanged in Certain Preserved Mushrooms from India: Final Results of Antidumping Duty
Administrative Review, 67 FR 46172 (July 12, 2002).
*Effective February 1, 2002, the antidumping duty order with respect to PT Zeta Agro Corporation was revoked. See Final Results of Antidumping Duty Administrative Review: Certain Preserved Mushrooms from Indonesia and Final Determination to Revoke Order in Part, 68 FR
39521 (July 2, 2003).
This notice also serves as the only
reminder to parties subject to
administrative protective orders (APO)
of their responsibility concerning the
return or destruction of proprietary
VerDate Nov<24>2008
17:33 Dec 17, 2009
Jkt 220001
information disclosed under APO in
accordance with 19 CFR 351.305.
Timely notification of the return or
destruction of APO materials or
conversion to judicial protective orders
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
is hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation which is subject to
sanction.
E:\FR\FM\18DEN1.SGM
18DEN1
67172
Federal Register / Vol. 74, No. 242 / Friday, December 18, 2009 / Notices
We are issuing and publishing the
results and notice in accordance with
sections 751(c), 752(c), and 777(i)(1) of
the Act.
Dated: December 14, 2009.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E9–30156 Filed 12–17–09; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Docket 57–2009]
sroberts on DSKD5P82C1PROD with NOTICES
Foreign-Trade Zone 202—Los Angeles,
CA, Area Application for
Reorganization/Expansion
An application has been submitted to
the Foreign-Trade Zones (FTZ) Board
(the Board) by the Board of Harbor
Commissioners of the City of Los
Angeles, grantee of FTZ 202, requesting
authority to reorganize and expand its
zone in the Los Angeles area within and
adjacent to the Los Angeles-Long Beach
Customs and Border Protection port of
entry. The application was submitted
pursuant to the provisions of the
Foreign-Trade Zones Act, as amended
(19 U.S.C. 81a–81u), and the regulations
of the Board (15 CFR part 400). It was
formally filed on December 11, 2009.
FTZ 202 was approved on July 14,
1994 (Board Order 693, 59 FR 37464, 7/
22/94), expanded on August 26, 1996
(Board Order 842, 61 FR 46763, 9/5/96)
and on July 9, 1999 (Board Order 1043,
64 FR 38887, 7/20/99), and expanded/
reorganized on April 30, 2004 (Board
Order 1331, 69 FR 26065, 5/11/04) and
on April 24, 2009 (Board Order 1616, 74
FR 21623, 5/8/09).
The zone project currently consists of
16 permanent and temporary sites
located at port facilities, industrial parks
and warehouse facilities in Los Angeles,
San Bernardino, Kern and Riverside
Counties as described below:
• Site 1 (2,783 acres total)—consists
of the Port of Los Angeles Harbor
Complex in San Pedro;
• Site 2 (3 acres total) located: At 1
World Way within the Los Angeles
International Airport (Parcel 1—1 acre);
at 5330 W. 102nd Street, Los Angeles
(Parcel 2—1.5 acres); and, at 1111
Watson Center Road, Unit 2–A, B–C,
Carson (Parcel 3—22,705 sq. ft.);
• Site 3 (564 acres)—within the
International Trade & Technology
Center, Santa Fe Highway at 7th
Standard Road, Kern County;
• Site 4 (353.6 acres)—within the
438-acre Carson Dominguez Technology
VerDate Nov<24>2008
17:33 Dec 17, 2009
Jkt 220001
Center south of the Artesia Freeway,
between the Harbor Freeway and I–710
in the City of Carson and the Rancho
Dominguez area of Los Angeles County;
• Site 5 (8.51 acres total, sunset 4/30/
2014)—warehouse facilities of 3Plus
Logistics located at 20250 South
Alameda Street in Rancho Dominguez
(6.13 acres) and at 2730 El Presidio
Street in Carson (2.38 acres);
• Site 6 (23 acres)—located at 20002
E. Business Parkway, Walnut;
• Site 7 (93 acres)—within the 140acre Pacific Gateway Center, at the
southwest corner of the San Diego
Freeway Interchange, Los Angeles;
• Site 9 (22.87 acres total): Parcel A
(5.61 acres)—19700 Van Ness Avenue,
Torrance; and, Parcel C (7.26 acres)—
1451 Knox Street, Torrance;
• Site 10 (325 acres)—Watson
Industrial Center South, 22010 South
Wilmington Avenue, Carson;
• Site 11 (153.79 acres)—Watson
Corporate Center located at 22010 South
Wilmington Avenue and at 2417 East
Carson Street in Carson;
• Site 12 (8 acres, expires 7/31/
2011)—Schafer Brothers Distribution
Center, Inc., 1981 East 213th Street,
Carson;
• Site 14 (33 acres, expires 7/31/
2011)—Nippon Express USA, Inc.,
located adjacent to Site 1, at 300
Westmont Street, San Pedro;
• Site 15 (4 acres)—located at 1020
McFarland Avenue, Wilmington;
• Site 20 (21 acres, expires 7/31/
2011)—Kwikset Corporation facilities
located within the Park Mira Loma
West, southeast side of the Intersection
of Highway 60 (the Pomona Freeway)
and Interstate 15 (the Ontario Freeway),
Mira Loma;
• Site 23 (177 acres, sunset 3/31/
2013)—within the 1,450-acre Tejon
Industrial Complex located directly off
Interstate 5 at the Highway 99 junction,
Lebec; and,
• Temporary Site 2 (2.4 acres, expires
6/30/2010)—a warehouse located at
2200 and 2250 Technology Place, Long
Beach.
There is an application pending for a
proposed new zone project in the
Bakersfield, California, area (Doc. 18–
2009). That application is requesting a
transfer of FTZ 202—Site 23 (Tejon
Industrial Complex) to the Bakersfield
zone project as proposed Site 2.
The applicant is now requesting
authority for a reorganization and
expansion of the zone which would
result in an overall net increase of zone
sites and space. As described below, the
proposal includes a request for new
authority for expired sites/parcels, to
delete an existing site, for permanent
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
status for temporary sites, and to add a
new site.
• Expand Site 1 by requesting new
authority for the Howard Hartry parcel
(0.39 acres, 10,833 sq. ft.) (which
expired on 7/1/09) (new total acreage—
2,783 acres);
• Delete Site 6 in its entirety due to
changed circumstances;
• Expand Site 9 by requesting new
authority for Parcel B (7 acres) (which
expired on 7/1/09) (new total acreage—
29.87 acres);
• Modify Site 12 by requesting
permanent status;
• Modify and expand Site 14 by
requesting permanent status for the
current 33 acres and requesting new
authority for 55 acres (which expired on
7/1/09) (new total acreage—88 acres);
• Requesting new authority for 4.16
acres at Site 16 (which had previously
consisted of 153.20 acres that expired
on 7/1/09);
• Requesting new authority for 18.5
acres at Site 19 (which had previously
consisted of 83.16 acres that expired on
7/1/09);
• Modify Site 20 by requesting
permanent status for the current 21
acres and to expand the site to include
an additional 120.79 acres (113.37 acres
that expired on 7/1/09 and a new 7.42acre parcel) (new total acreage—141.79
acres);
• Requesting new authority for 84
acres at Site 22 (which had previously
consisted of 227 acres that expired on 7/
1/09); and,
• Add Proposed Site 24 (5 acres)—
RPM Transport warehouse facility
located at 2200 and 2250 Technology
Place, Long Beach (this site will include
Temporary Site 2 (2.4 acres) on a
permanent basis and add an additional
2.6 acres).
The sites will provide warehousing
and distribution services to area
businesses. No specific manufacturing
authority is being requested at this time.
Such requests would be made to the
Board on a case-by-case basis.
In accordance with the Board’s
regulations, Christopher Kemp of the
FTZ Staff is designated examiner to
evaluate and analyze the facts and
information presented in the application
and case record and report findings and
recommendations to the Board.
Public comment is invited from
interested parties. Submissions (original
and 3 copies) shall be addressed to the
Board’s Executive Secretary at the
address below. The closing period for
their receipt is February 16, 2010.
Rebuttal comments in response to
material submitted during the foregoing
period may be submitted during the
E:\FR\FM\18DEN1.SGM
18DEN1
]]>Agencies
[Federal Register Volume 74, Number 242 (Friday, December 18, 2009)]
[Notices]
[Pages 67170-67172]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30156]
=======================================================================
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DEPARTMENT OF COMMERCE
International Trade Administration
A-337-804, A-533-813, A-560-802, A-570-851
Certain Preserved Mushrooms from Chile, India, Indonesia and the
People's Republic of China: Final Results of the Expedited Sunset
Reviews of the Antidumping Duty Orders
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On October 1, 2009, the Department of Commerce (the
Department) initiated sunset reviews of the antidumping duty orders on
certain preserved mushrooms from Chile, India, Indonesia, and the
People's Republic of China (PRC), pursuant to section 751(c) of the
Tariff Act of 1930, as amended (the Act). The Department has conducted
expedited (120-day) sunset reviews for these orders pursuant to 19 CFR
351.218(e)(1)(ii)(C)(2). As a result of these sunset reviews, the
Department finds that revocation of the antidumping duty orders would
be likely to lead to continuation or recurrence of dumping.
FOR FURTHER INFORMATION CONTACT: David Goldberger or Kate Johnson, AD/
CVD Operations, Office 2, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street & Constitution
Avenue, NW, Washington, DC 20230; telephone: (202) 482-4136 and (202)
482-4929, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 2, 1998, the Department published the antidumping duty
order on certain preserved mushrooms from Chile. See Notice of
Antidumping Duty Order: Certain Preserved Mushrooms from Chile, 63 FR
66529 (December 2, 1998). On February 19, 1999, the Department
published the antidumping duty orders on certain preserved mushrooms
from India, Indonesia, and the PRC. See Notice of Amendment of Final
Determination of Sales at Less Than Fair Value and Antidumping Duty
Order: Certain Preserved Mushrooms from India, 64 FR 8311 (February 19,
1999); Notice of Antidumping Duty Order: Certain Preserved Mushrooms
from Indonesia, 64 FR 8310 (February 19, 1999); and Notice of Amendment
of Final Determination of Sales at Less Than Fair Value and Antidumping
Duty Order: Certain Preserved Mushrooms from the People's Republic of
China, 64 FR 8308 (February 19, 1999).
In 2003-2004, the Department conducted the first sunset review on
imports of certain preserved mushrooms from Chile, India, Indonesia,
and the PRC, pursuant to section 751(c) of the Act, and found that
revocation of the antidumping duty orders would be likely to lead to
continuation or recurrence of dumping at the same rates as found in the
original investigations.\1\ In November 2004, the U.S. International
Trade Commission (ITC) determined, pursuant to section 751(c) of the
Act, that revocation of these antidumping duty orders would be likely
to lead to continuation or recurrence of material injury to an industry
in the United States within a reasonably foreseeable time.\2\ Also in
November 2004, the Department published a notice of continuation of
these antidumping duty orders.\3\
---------------------------------------------------------------------------
\1\ See Certain Preserved Mushrooms from Chile, India, Indonesia
and the People's Republic of China: Final Results of Expedited
Sunset Reviews of Antidumping Duty Orders, 69 FR 11384 (March 10,
2004).
\2\ See Certain Preserved Mushrooms from Chile, China, India,
and Indonesia, 69 FR 63408 (November 1, 2004).
\3\ See Continuation of Antidumping Duty Orders on Certain
Preserved Mushrooms form Chile, the People's Republic of China,
India, and Indonesia, 69 FR 67308 (November 17, 2004).
---------------------------------------------------------------------------
On October 1, 2009, the Department published the notice of
initiation of the sunset reviews of the antidumping duty orders on
certain preserved mushrooms from Chile, India, Indonesia, and the PRC,
pursuant to section 751(c) of the Act. See Initiation of Five-year
(``Sunset'') Reviews, 74 FR 50776 (October 1, 2009) (Notice of
Initiation).
The Department received a notice of intent to participate from the
Coalition for Fair Preserved Mushroom Trade (the ``Coalition''), a
domestic interested party, which is comprised of L.K. Bowman Company, a
division of Hanover Foods Corporation, Monterey Mushrooms, Inc., The
Mushroom Company (formerly Mushroom Canning Company), and Sunny Dell
Foods, Inc., within the deadline specified in 19 CFR 351.218(d)(1)(i).
The Coalition claimed interested party status under section 771(9)(C)
of the Act as a manufacturer of a domestic like product in the United
States.
The Department received a complete substantive response to the
notice of initiation from the domestic interested party within the 30-
day deadline specified in 19 CFR 351.218(d)(3)(i). We received no
substantive responses from respondent interested parties with respect
to any of the orders covered by these sunset reviews, nor was a hearing
requested. As a result, pursuant to 19 CFR 351.218(e)(1)(ii)(C)(2), the
Department conducted expedited (120-day) sunset reviews of the
antidumping duty orders on certain preserved mushrooms from Chile,
India, Indonesia, and the PRC.
Scope of the Orders
The products covered under the Certain Preserved Mushrooms orders
are imported whole, sliced, diced, or as stems and pieces. The
``preserved mushrooms'' covered under the orders 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,
[[Page 67171]]
brine, butter or butter sauce. Included within the scope of these
orders are ``brined'' mushrooms, which are presalted and packed in a
heavy salt solution to provisionally preserve them for further
processing. Also included within the scope of these orders, as of June
19, 2000, are marinated, acidified, or pickled mushrooms containing
less than 0.5 percent acetic acid.
Excluded from the scope of these orders 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; and (4) frozen mushrooms. The
merchandise subject to these orders was previously 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 (``HTSUS''). Although the HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the scope of these orders is dispositive. As of
January 1, 2002, the HTSUS subheadings are as follows: 2003.10.0127,
2003.10.0131, 2003.10.0137, 2003.10.0143, 2003.10.0147, 2003.10.0153,
0711.51.0000.
Analysis of Comments Received
All issues raised in these reviews are addressed in the ``Issues
and Decision Memorandum for the Expedited Sunset Reviews of the
Antidumping Duty Orders on Certain Preserved Mushrooms from Chile,
India, Indonesia, and the People's Republic of China'' from John M.
Andersen, Acting Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Ronald K. Lorentzen, Deputy
Assistant Secretary for Import Administration (Decision Memo), which is
hereby adopted by, and issued concurrently with, this notice. The
issues discussed in the Decision Memo include the likelihood of
continuation or recurrence of dumping and the magnitude of the margins
likely to prevail if the orders were revoked. Parties can find a
complete discussion of all issues raised in these reviews and the
corresponding recommendations in this public memorandum which is on
file in the Central Records Unit, room 1117 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.
Final Results of Reviews
We determine that revocation of the antidumping duty orders on
certain preserved mushrooms from Chile, India, Indonesia, and the PRC
would be likely to lead to continuation or recurrence of dumping at the
following weighted-average percentage margins:
------------------------------------------------------------------------
Weighted-Average Margin
Manufacturers/Exporters/Producers (percent)
------------------------------------------------------------------------
Chile.....................................
Nature's Farm Products (Chile) S.A........ 148.51
All-Others Rate........................... 148.51
India.....................................
Agro Dutch Foods Ltd...................... 6.28
KICM (Madras) Ltd.*....................... 14.91
Alpine Biotech Ltd........................ 243.87
Mandeep Mushrooms Ltd..................... 243.87
All-Others Rate........................... 11.30
Indonesia.................................
PT Dieng Djaya/PT Surya Jaya Abadi Perkasa 7.94
PT Zeta Agro Corporation.................. *revoked
All-Others Rate........................... 11.26
PRC.......................................
China Processed Food I&E Co./Xiamen Jiahua 121.47
I&E Trading Company, Ltd.................
Tak Fat Trading Co........................ 162.47
Shenzhen Cofry Cereals, Oils, & Foodstuffs 151.15
Co., Ltd.................................
Gerber (Yunnan) Food Co................... 142.11
Jiangsu Cereals,Oils & Foodstuffs Group 142.11
Import & Export Corporation..............
Fujian Provincial Cereals, Oils & 142.11
Foodstuffs I&E Corp......................
Putian Cannery Fujian Province............ 142.11
Xiamen Gulong I&E Co., Ltd................ 142.11
General Canned Foods Factory of Zhangzhou. 142.11
Zhejiang Cereals,Oils & Foodstuffs I&E 142.11
Corp.....................................
Shanghai Foodstuffs I&E Corp.............. 142.11
Canned Goods Co. of Raoping............... 142.11
PRC-wide Rate............................. 198.63
------------------------------------------------------------------------
*The Department conducted a changed circumstances review and found that
KICM (Madras) Limited was the successor-in-interest to Hindustan Lever
Limited (formerly known as Ponds (India) Ltd.). See Certain Preserved
Mushrooms from India: Final Results of Changed Circumstances Review,
68 FR 6884 (February 11, 2003); Certain Preserved Mushrooms from
India: Preliminary Results of Antidumping Duty Administrative Review,
67 FR 10371 (March 7, 2002), unchanged in Certain Preserved Mushrooms
from India: Final Results of Antidumping Duty Administrative Review,
67 FR 46172 (July 12, 2002).
*Effective February 1, 2002, the antidumping duty order with respect to
PT Zeta Agro Corporation was revoked. See Final Results of Antidumping
Duty Administrative Review: Certain Preserved Mushrooms from Indonesia
and Final Determination to Revoke Order in Part, 68 FR 39521 (July 2,
2003).
This notice also serves as the only reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305. Timely
notification of the return or destruction of APO materials or
conversion to judicial protective orders is hereby requested. Failure
to comply with the regulations and terms of an APO is a violation which
is subject to sanction.
[[Page 67172]]
We are issuing and publishing the results and notice in accordance
with sections 751(c), 752(c), and 777(i)(1) of the Act.
Dated: December 14, 2009.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E9-30156 Filed 12-17-09; 8:45 am]
BILLING CODE 3510-DS-S
