Notice of Amendment of Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Preserved Mushrooms From India

DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-813]

Notice of Amendment of Final Determination of Sales at Less Than

Fair Value and Antidumping Duty Order: Certain Preserved Mushrooms From

India

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

EFFECTIVE DATE: February 19, 1999.

FOR FURTHER INFORMATION CONTACT: David J. Goldberger or Kate Johnson,

Import Administration, International Trade Administration, U.S.

Department of Commerce, 14th Street and Constitution Avenue, N.W.,

Washington, D.C. 20230; telephone: (202) 482-4136 or (202) 482-4929,

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 (``URAA''). In addition,

unless otherwise indicated, all citations to the Department of Commerce

(``Department'') regulations are to the regulations at 19 CFR Part 351

(1998).

Amendment to the Final Determination

On December 18, 1998, the Department made its final determination

that certain preserved mushrooms from India are being, or are likely to

be, sold in the United States at less than fair value. See Notice of

Final Determination of Sales at Less Than Fair Value: Certain Preserved

Mushrooms from India, 63 FR 72246, December 31, 1998 (``Final

Determination''). We disclosed our calculations for the final

determination to all interested parties on December 21 and 22, 1998.

On January 8, 1999, we received a submission from the petitioners

1 in the investigation alleging ministerial errors

pertaining to the margin calculations in the Department's final

determination.

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\1\ L.K. Bowman, Inc., Modern Mushroom Farms, Inc., Monterey

Mushrooms, Inc., Mount Laurel Canning Corp., Mushroom Canning

Company, Southwood Farms, Sunny Dell Foods, Inc., and United Canning

Corp.

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After analyzing the submission, we have determined, in accordance

with 19 CFR 351.224, that ministerial errors were made in the margin

calculations for Ponds India Ltd. Specifically:

We failed to include all mini mushroom models for cost of

production calculation purposes.

We failed to include all mini mushroom models for

constructed value calculation purposes.

For a detailed discussion of the ministerial error allegations and

the Department's analysis, see Memorandum to Louis Apple from the Team,

dated January 29, 1999.

Therefore, in accordance with 19 CFR 351.224(e), we are amending

the final determination of the antidumping duty investigation of

certain preserved mushrooms from India. The revised weighted-average

dumping margins are in the ``Antidumping Order'' section below.

Scope of Order

The products covered by this antidumping duty order are certain

preserved mushrooms whether imported whole, sliced, diced, or as stems

and pieces. The preserved mushrooms covered by 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 the order are ``brined'' mushrooms, which are

presalted and packed in a heavy salt solution to provisionally preserve

them for further processing.

[[Page 8312]]

Excluded from the scope of the 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 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 (``HTS''). Although the HTS subheadings

are provided for convenience and Customs purposes, the written

description of the merchandise under investigation is dispositive.

Antidumping Duty Order

On February 12, 1999, in accordance with section 735(d) of the Act,

the U.S. International Trade Commission (ITC) notified the Department

that a U.S. industry is materially injured by reason of imports of

certain preserved mushrooms from India, pursuant to section

735(b)(1)(A) of the Act. Therefore, in accordance with section

736(a)(1) of the Act, the Department will direct the United States

Customs Service to assess, upon further advice by the Department,

antidumping duties equal to the amount by which the normal value of the

merchandise exceeds the export price and constructed export price of

the merchandise for all relevant entries of certain preserved mushrooms

from India. These antidumping duties will be assessed on all

unliquidated entries of all imports of subject merchandise that are

entered, or withdrawn from warehouse, for consumption on or after

August 5, 1998, the date of publication of the preliminary

determination in the Federal Register.

On or after the date of publication of this notice in the Federal

Register, Customs officers must require, at the same time as importers

would normally deposit estimated duties, the cash deposits listed below

for the subject merchandise. The All Others rate applies to all

exporters of subject merchandise not specifically listed below.

The revised final weighted-average dumping margins are as follows:

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

Original final Revised final

Exporter/manufacturer margin margin

Percentage percentage

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

Agro Dutch Foods Ltd.................... 6.28 6.28

Ponds (India) Ltd....................... 14.19 14.91

Alpine Biotech Ltd...................... 243.87 243.87

Mandeep Mushrooms Ltd................... 243.87 243.87

All Others.............................. 10.87 11.30

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This notice constitutes the antidumping duty order with respect to

certain preserved mushrooms from India, pursuant to section 736(a) of

the Act. Interested parties may contact the Central Records Unit, Room

B-099 of the Main Commerce Building, for copies of an updated list of

antidumping duty orders currently in effect.

This order is published in accordance with section 736(a) of the

Act and 19 CFR 351.211.

Dated: February 16, 1999.

Richard W. Moreland,

Acting Assistant Secretary for Import Administration.

[FR Doc. 99-4201 Filed 2-18-99; 8:45 am]

BILLING CODE 3510-DS-P