[Federal Register: February 5, 2007 (Volume 72, Number 23)]
[Notices]
[Page 5268-5269]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05fe07-32]
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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 6, 2006, the Department of Commerce published the
preliminary results of the administrative review of the antidumping
duty order on certain preserved mushrooms from India covering the
period February 1, 2005, through January 31, 2006. This administrative
review covers one manufacturer/exporter, Agro Dutch Industries, Ltd.
(``Agro Dutch'').
No interested party commented on the preliminary results. We have
made no changes to the margin calculation. Therefore, the final results
do not 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: February 5, 2007.
FOR FURTHER INFORMATION CONTACT: Terre Keaton Stefanova or David J.
Goldberger, 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- 1280 or (202) 482-4136, respectively.
SUPPLEMENTARY INFORMATION:
Background
This administrative review of the antidumping duty order on certain
preserved mushrooms from India covers one manufacturer/exporter: Agro
Dutch. The period of review (``POR'') is February 1, 2005, through
January 31, 2006.
On November 6, 2006, the Department of Commerce (``the
Department'') published the preliminary results of this administrative
review. See Certain Preserved Mushrooms from India:
[[Page 5269]]
Preliminary Results of Antidumping Duty Administrative Review, 71 FR
64938 (``Preliminary Results''). We invited interested parties to
comment on the preliminary results of review. No interested party
submitted comments. 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 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.
Final Results of Review
We determine that the following weighted-average margin percentage
exists:
------------------------------------------------------------------------
Margin
Manufacturer/exporter (percent)
------------------------------------------------------------------------
Agro Dutch Industries, Ltd.................................. 0.61
------------------------------------------------------------------------
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). 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. Pursuant to 19 CFR 351.106(c)(2),
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). The Department intends to issue
assessment instructions to CBP 15 days after the date of publication of
these final results of review.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). This
clarification will apply to entries of subject merchandise during the
POR produced by the company included in these final results of review
for which the reviewed company did not know its merchandise was
destined for the United States. In such instances, we will instruct CBP
to liquidate unreviewed entries at the ``All Others'' rate if there is
no rate for the intermediate company(ies) involved in the transaction.
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
0.61 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: January 30, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E7-1810 Filed 2-2-07; 8:45 am]
BILLING CODE 3510-DS-S