Certain Preserved Mushrooms From India: Notice of Rescission of Antidumping Duty Administrative Review, 43261-43262 [2011-18294]

Download as PDF Federal Register / Vol. 76, No. 139 / Wednesday, July 20, 2011 / Notices SUPPLEMENTARY INFORMATION: sroberts on DSK5SPTVN1PROD with NOTICES Background On October 28, 2010, the Department of Commerce (the Department) initiated an administrative review of the antidumping duty order on freshwater crawfish tail meat from the People’s Republic of China (PRC) for the period September 1, 2009, through August 31, 2010. See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 75 FR 66349 (October 28, 2010). We initiated an administrative review of six companies. On February 28, 2011, we rescinded the review of the order with respect to Yancheng Hi-King. See Freshwater Crawfish Tail Meat From the People’s Republic of China: Rescission of Antidumping Duty Administrative Review in Part, 76 FR 10879 (February 28, 2011). On June 6, 2011, we extended the time period for issuing the preliminary results of this review by 46 days until July 18, 2011. See Freshwater Crawfish Tail Meat From the People’s Republic of China: Extension of Time Limit for Preliminary Results of Antidumping Duty Administrative Review, 76 FR 32357 (June 6, 2011). Extension of Time Limit for Preliminary Results Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), requires the Department to complete the preliminary results within 245 days after the last day of the anniversary month of an order for which a review is requested and the final results within 120 days after the date on which the preliminary results are published. If it is not practicable to complete the review within these time periods, section 751(a)(3)(A) of the Act allows the Department to extend the time limit for the preliminary results to a maximum of 365 days after the last day of the anniversary month. We determine that it is not practicable to complete the preliminary results of this review within the extended time limit because we require additional time to analyze the allegation of middleman dumping and the record information pertaining to the allegation. In addition, the numerous extensions requested by, and granted to, the interested parties for filing various responses has contributed to the Department’s need for additional time to complete the preliminary results. Therefore, we are extending the time period for issuing the preliminary results of this review by an additional 74 days until September 30, 2011. This notice is published in accordance with section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(2). VerDate Mar<15>2010 18:29 Jul 19, 2011 Jkt 223001 Dated: July 13, 2011. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2011–18302 Filed 7–19–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–813] Certain Preserved Mushrooms From India: Notice of Rescission of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. FOR FURTHER INFORMATION CONTACT: Kate Johnson or Gemal Brangman, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–4929 or (202) 482– 3773, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On February 1, 2011, the Department of Commerce (the Department) published in the Federal Register a notice of ‘‘Opportunity to Request Administrative Review’’ of the antidumping duty order on certain preserved mushrooms from India for the period of review (POR) of February 1, 2010, through January 31, 2011. See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 76 FR 5559 (February 1, 2011). On February 28, 2011, in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.213(b), the Department received a timely request from Monterey Mushrooms, Inc., a petitioner and a domestic interested party, to conduct an administrative review of the sales of Agro Dutch Foods Limited (Agro Dutch Industries Limited), Himalya International Ltd., Hindustan Lever Ltd. (formerly Ponds India, Ltd.), Transchem, Ltd., and Weikfield Foods Pvt. Ltd. Monterey Mushrooms, Inc. was the only party to request this administrative review. On March 31, 2011, the Department published in the Federal Register a notice of initiation of an administrative review of the antidumping duty order on certain preserved mushrooms from India with respect to the above-named companies. See Initiation of PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 43261 Antidumping Duty Administrative Reviews, Request for Revocation in Part, and Deferral of Administrative Review, 76 FR 17825 (March 31, 2011). On June 27, 2011, Monterey Mushrooms, Inc. timely withdrew its request for a review of the above-named companies. Rescission of Administrative Review Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an administrative review, in whole or in part, if the parties that requested a review withdraw the request within 90 days of the date of publication of notice of initiation of the requested review. Monterey Mushrooms, Inc. withdrew its request for review before the 90-day deadline, and no other party requested an administrative review of the antidumping duty order on certain preserved mushrooms from India for the POR. Therefore, in response to Monterey Mushrooms, Inc.’s withdrawal of its request for review, and pursuant to 19 CFR 351.213(d)(1), the Department is rescinding in whole the administrative review of the antidumping duty order on certain preserved mushrooms from India for the period February 1, 2010, through January 31, 2011. Assessment The Department will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries. Antidumping duties shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). The Department intends to issue appropriate assessment instructions directly to CBP 15 days after the date of publication of this notice in the Federal Register. Notification to Importers This notice serves as the only 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 double antidumping duties. Notification Regarding Administrative Protective Order This notice serves as the only reminder to parties subject to E:\FR\FM\20JYN1.SGM 20JYN1 43262 Federal Register / Vol. 76, No. 139 / Wednesday, July 20, 2011 / Notices 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. This notice is published in accordance with section 777(i)(1) of the Act, and 19 CFR 351.213(d)(4). Dated: July 14, 2011. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2011–18294 Filed 7–19–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–601] Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People’s Republic of China: Rescission of Antidumping Duty New Shipper Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On June 17, 2011, the Department of Commerce (‘‘Department’’) issued its preliminary intent to rescind the new shipper review (‘‘NSR’’) of Xiang Yang Automobile Bearing Co., Ltd. (‘‘ZXY’’).1 We gave interested parties an opportunity to comment on the Intent to Rescind Memorandum. We did not receive any comments from the interested parties. We are rescinding this NSR because we have found that ZXY exported subject merchandise to the United States more than one year prior to its request for an NSR. DATES: Effective Date: July 20, 2011. FOR FURTHER INFORMATION CONTACT: Andrew Medley, AD/CVD Operations, Office 8, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–4987. SUPPLEMENTARY INFORMATION: sroberts on DSK5SPTVN1PROD with NOTICES AGENCY: 1 See Memorandum to the File, from Wendy J. Frankel, Office Director, through Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, Intent to Rescind the New Shipper Review of Xiang Yang Automobile Bearing Co., Ltd. (‘‘ZXY’’), dated June 17, 2011 (‘‘Intent to Rescind Memorandum’’). VerDate Mar<15>2010 18:29 Jul 19, 2011 Jkt 223001 Case History On January 14, 2011, the Department received a timely request from ZXY for an NSR of the antidumping duty order on tapered roller bearings and parts thereof, finished and unfinished, from the People’s Republic of China (‘‘PRC’’). On February 4, 2011, the Department published the initiation of the NSR with a June 1, 2010, through November 30, 2010 period of review (‘‘POR’’).2 On June 17, 2011, the Department issued a memorandum announcing its intent to rescind this NSR for ZXY because ZXY shipped subject merchandise to the United States more than one year prior to its request for an NSR. See Intent to Rescind Memorandum. The Department did not receive any comments in response to the Intent to Rescind Memorandum. Scope of the Order Imports covered by the order are shipments of tapered roller bearings and parts thereof, finished and unfinished, from the PRC; flange, take up cartridge, and hanger units incorporating tapered roller bearings; and tapered roller housings (except pillow blocks) incorporating tapered rollers, with or without spindles, whether or not for automotive use. These products are currently classifiable under Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) item numbers 8482.20.00, 8482.91.00.50, 8482.99.15, 8482.99.45, 8483.20.40, 8483.20.80, 8483.30.80, 8483.90.20, 8483.90.30, 8483.90.80, 8708.99.80.15 3 and 8708.99.80.80.4 Although the HTSUS item numbers are provided for convenience and customs purposes, the written description of the scope of the order is dispositive. Rescission of Review As stated in the Intent to Rescind Memorandum, the Department has determined that ZXY is not a new shipper, because ZXY shipped subject merchandise one year prior to its request for an NSR. Therefore, ZXY is not entitled to an NSR for this entry currently under review because ZXY 2 See Tapered Roller Bearings and Parts Thereof, Finished and Unfinished From the People’s Republic of China: Initiation of Antidumping Duty New Shipper Review, 76 FR 6397 (February 4, 2011). 3 Effective January 1, 2007, the HTSUS subheading 8708.99.8015 is renumbered as 8708.99.8115. See United States International Trade Commission (‘‘USITC’’) publication entitled, ‘‘Modifications to the Harmonized Tariff Schedule of the United States Under Section 1206 of the Omnibus Trade and Competitiveness Act of 1988,’’ USITC Publication 3898 (December 2006) found at https://www.usitc.gov. 4 Effective January 1, 2007, the HTSUS subheading 8708.99.8080 is renumbered as 8708.99.8180; see id. PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 did not fulfill the requirements under 19 CFR 351.214(c) that the NSR be requested within one year of the date on which subject merchandise was first entered, or withdrawn from warehouse, for consumption. Accordingly, we are rescinding this NSR. Because the Department is rescinding this NSR, we are not determining whether ZXY is separate from the PRC-wide entity, and we are not calculating a companyspecific rate for ZXY. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of this rescission of the NSR for all shipments of subject merchandise exported by ZXY, entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by section 751(a)(2)(C) of the Tariff Act of 1930, as amended (‘‘Act’’): (1) For subject merchandise exported by ZXY (regardless of producer), as part of the PRC-wide entity, the cash deposit rate will be 92.84 percent; and (2) for subject merchandise manufactured by ZXY, but exported by any party other than ZXY, the cash deposit rate will be the rate applicable to the exporter. These cash deposit requirements will remain in effect until further notice. Liquidation Because the POR of this NSR falls within the POR of the next administrative review of TRBs from the PRC (June 1, 2010 through May 31, 2011), and the initiation of that administrative review has not yet occurred, the Department will not order liquidation of entries for the PRC-entity (of which ZXY is a part) at this time. Upon completion of the June 1, 2010, through May 31, 2011, administrative review, the Department will issue assessment instructions to U.S. Customs and Border Protection as appropriate. This notice serves as a 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 double antidumping duties. Administrative Protective Orders This notice also serves as a reminder to parties subject to administrative protective order (‘‘APO’’) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance E:\FR\FM\20JYN1.SGM 20JYN1

Agencies

[Federal Register Volume 76, Number 139 (Wednesday, July 20, 2011)]
[Notices]
[Pages 43261-43262]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-18294]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-813]


Certain Preserved Mushrooms From India: Notice of Rescission of 
Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

FOR FURTHER INFORMATION CONTACT: Kate Johnson or Gemal Brangman, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 
20230; telephone: (202) 482-4929 or (202) 482-3773, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On February 1, 2011, the Department of Commerce (the Department) 
published in the Federal Register a notice of ``Opportunity to Request 
Administrative Review'' of the antidumping duty order on certain 
preserved mushrooms from India for the period of review (POR) of 
February 1, 2010, through January 31, 2011. See Antidumping or 
Countervailing Duty Order, Finding, or Suspended Investigation; 
Opportunity to Request Administrative Review, 76 FR 5559 (February 1, 
2011).
    On February 28, 2011, in accordance with section 751(a) of the 
Tariff Act of 1930, as amended (the Act), and 19 CFR 351.213(b), the 
Department received a timely request from Monterey Mushrooms, Inc., a 
petitioner and a domestic interested party, to conduct an 
administrative review of the sales of Agro Dutch Foods Limited (Agro 
Dutch Industries Limited), Himalya International Ltd., Hindustan Lever 
Ltd. (formerly Ponds India, Ltd.), Transchem, Ltd., and Weikfield Foods 
Pvt. Ltd. Monterey Mushrooms, Inc. was the only party to request this 
administrative review.
    On March 31, 2011, the Department published in the Federal Register 
a notice of initiation of an administrative review of the antidumping 
duty order on certain preserved mushrooms from India with respect to 
the above-named companies. See Initiation of Antidumping Duty 
Administrative Reviews, Request for Revocation in Part, and Deferral of 
Administrative Review, 76 FR 17825 (March 31, 2011).
    On June 27, 2011, Monterey Mushrooms, Inc. timely withdrew its 
request for a review of the above-named companies.

Rescission of Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an 
administrative review, in whole or in part, if the parties that 
requested a review withdraw the request within 90 days of the date of 
publication of notice of initiation of the requested review. Monterey 
Mushrooms, Inc. withdrew its request for review before the 90-day 
deadline, and no other party requested an administrative review of the 
antidumping duty order on certain preserved mushrooms from India for 
the POR. Therefore, in response to Monterey Mushrooms, Inc.'s 
withdrawal of its request for review, and pursuant to 19 CFR 
351.213(d)(1), the Department is rescinding in whole the administrative 
review of the antidumping duty order on certain preserved mushrooms 
from India for the period February 1, 2010, through January 31, 2011.

Assessment

    The Department will instruct U.S. Customs and Border Protection 
(CBP) to assess antidumping duties on all appropriate entries. 
Antidumping duties shall be assessed at rates equal to the cash deposit 
of estimated antidumping duties required at the time of entry, or 
withdrawal from warehouse, for consumption, in accordance with 19 CFR 
351.212(c)(1)(i). The Department intends to issue appropriate 
assessment instructions directly to CBP 15 days after the date of 
publication of this notice in the Federal Register.

Notification to Importers

    This notice serves as the only 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 double antidumping duties.

Notification Regarding Administrative Protective Order

    This notice serves as the only reminder to parties subject to

[[Page 43262]]

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.
    This notice is published in accordance with section 777(i)(1) of 
the Act, and 19 CFR 351.213(d)(4).

    Dated: July 14, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2011-18294 Filed 7-19-11; 8:45 am]
BILLING CODE 3510-DS-P

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