Notice of Amended Preliminary Determination of Sales at Less Than Fair Value: Certain Preserved Mushrooms from Indonesia

DEPARTMENT OF COMMERCE

International Trade Administration

[A-560-802]

Notice of Amended Preliminary Determination of Sales at Less Than

Fair Value: Certain Preserved Mushrooms from Indonesia

AGENCY: Import Administration, International Trade Administration, U.S.

Department of Commerce.

EFFECTIVE DATE: September 2, 1998.

FOR FURTHER INFORMATION CONTACT: Mary J. Jenkins or Irene Darzenta

Tzafolias, Import Administration, International Trade Administration,

U.S. Department of Commerce, 14th Street and Constitution Avenue, NW.,

Washington, DC 20230; telephone: (202) 482-1756 or (202) 482-0922,

respectively.

The Applicable Statute

Unless otherwise indicated, all citations to the Tariff Act of

1930, as amended (the Act), are references to the provisions effective

January 1, 1995, the effective date of the amendments made to the Act

by the Uruguay Round Agreements Act. In addition, unless otherwise

indicated, all citations to the Department of Commerce's (the

Department's) regulations are references to 19 CFR part 351 (62 FR

27296; May 19, 1997).

Amended Preliminary Determination

We are amending the preliminary determination of sales at less than

fair value for certain preserved mushrooms from Indonesia to reflect

the correction of a ministerial error made in the margin calculations

in that determination. We are publishing this amendment to the

preliminary determination pursuant to 19 CFR 351.224(e).

Case History

On July 27, 1998, the Department preliminarily determined that

certain preserved mushrooms from Indonesia are being, or are likely to

be, sold in the United States at less than fair value (63 FR 41783;

August 5, 1998).

On July 29, 1998, we disclosed our calculations for the preliminary

determination to counsel for PT Dieng Djaya(Dieng)/PT Surya Jaya Abadi

Perkasa (Surya), and PT Zeta Agro Corporation (Zeta). On August 3,

1998, we disclosed our calculations to counsel for petitioners.

On August 3, 1998, we received a submission, timely filed pursuant

to 19 CFR 351.224(c)(2), from Dieng/Surya and Zeta alleging ministerial

errors in the Department's preliminary determination. In their

submission, Dieng/Surya and Zeta requested that these errors be

corrected and an amended preliminary determination be issued reflecting

these changes.

We did not receive ministerial error allegations from the

petitioners. On August 11, petitioners filed comments on respondents'

allegations. However, because it not the Department's practice to

consider replies to comments submitted in connection with a preliminary

determination under 19 CFR 351.224(c)(3), we did not consider these

comments.

Amendment of Preliminary Determination

The Department's regulations provide that the Department will

correct any significant ministerial error by amending the preliminary

determination. See 19 CFR 351.224(e). A significant ministerial error

is an error the correction of which, either singly or in combination

with other errors: (1) would result in a change of at least five

absolute percentage points in, but not less than 25 percent of, the

weighted-average dumping margin calculated in the original (erroneous)

preliminary determination; or (2) would result in a difference between

a weighted-average dumping margin of zero (or de minimis) and a

weighted-average dumping margin of greater than de minimis, or vice

versa. See 19 CFR 351.224(g).

After analyzing Dieng/Surya and Zeta's submission, we have

determined that a ministerial error was made in the margin calculation

for Dieng/Surya and Zeta in the preliminary determination.

Specifically, we inadvertently used programming language that

incorrectly applied the number of cans per carton in the constructed

value (CV) data base.

Dieng/Surya and Zeta also alleged that the Department made three

additional ministerial errors by: (1) overlooking record evidence of an

Indonesian respondent in the calculation of CV profit and selling

expenses, (2) failing to calculate combined weighted-average export

prices for Dieng/Surya, and (3) incorrectly calculating general and

administrative expenses for CV. However, the Department has determined

that none of these errors is in fact a ministerial error as defined in

19 CFR 351.224(f), and therefore, did not consider them at this time.

See Memorandum to Louis Apple from The Team, dated August 20, 1998, for

further discussion of Dieng/Surya and Zeta's ministerial error

allegations and the Department's analysis.

Pursuant to 19 CFR 351.224(g)(1), the ministerial error

acknowledged above for Zeta is not significant. Therefore, we have not

recalculated the margin for Zeta. However, with regard to Dieng/Surya,

because the correction of the ministerial error results in a difference

between a weighted-average dumping margin of greater than de minimis

and a weighted-average dumping margin of de minimis, the Department

hereby amends its preliminary determination with respect to Dieng/Surya

to correct this error. In addition, we have recalculated the ``All

Others Rate.''

[[Page 46777]]

Pursuant to section 735(c)(5)(A) of the Act, the Department has

excluded the de minimis margin from the calculation of the ``All Others

Rate.''

The revised weighted-average dumping margins are as follows:

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

Exporter/Manufacturer Weighted-average margin percentage

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

PT Dieng Djaya/PT Surya Jaya Abadi 0.42% (de minimis)

Perkasa.

PT Zeta Agro Corporation............ 29.58%

All Others.......................... 29.58%

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

Suspension of Liquidation

We will instruct the U.S. Customs to discontinue the suspension of

liquidation of all entries of mushrooms from Indonesia produced/

exported by PT Dieng Djaya/PT Surya Jaya Abadi Perkasa. In accordance

with section 733(d)(2) of the Act, the Department will direct the U.S.

Customs Service to continue to suspend liquidation of all other entries

of mushrooms from Indonesia that are entered, or withdrawn from

warehouse, for consumption, on or after the date of publication of this

notice in the Federal Register. The U.S. Customs Service shall continue

to require a cash deposit or posting of bond equal to the estimated

amount by which the normal value exceeds the U.S. price as show above.

These instructions will remain in effect until further notice.

International Trade Commission Notification

In accordance with section 733(f) of the Act, we have notified the

International Trade Commission of the amended preliminary

determination.

This amended preliminary determination is published pursuant to

section 777(i) of the Act and 19 CFR 351.224(e).

Dated: August 26, 1998.

Joseph A. Spetrini,

Acting Assistant Secretary for Import Administration.

[FR Doc. 98-23668 Filed 9-1-98; 8:45 am]

BILLING CODE 3510-DS-P