Antidumping: Preserved mushrooms from Indonesia,
[Federal Register: September 2, 1998 (Volume 63, Number 170)]
[Notices]
[Page 46776-46777]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02se98-55]
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 filedpursuant 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 filedcomments 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. 98-23668Filed9-1-98; 8:45 am]
BILLING CODE 3510-DS-P
