[Federal Register: June 30, 2005 (Volume 70, Number 125)]
[Notices]
[Page 37757-37759]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30jn05-40]
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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: AGENCY: Import Administration, International Trade
Administration, Department of Commerce.
ACTION: Notice of final results of antidumping duty administrative
review
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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
http://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 Margin (percent)
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Agro Dutch Industries Ltd........................... 0.62
Premier Mushroom Farms.............................. 41.67
Flex Foods, Ltd..................................... 114.76
Weikfield Agro Products Ltd......................... 25.69
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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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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]