Certain Preserved Mushrooms From India: Notice of Partial Rescission of Antidumping Duty Administrative Review, 32941-32942 [2012-13475]

Download as PDF Federal Register / Vol. 77, No. 107 / Monday, June 4, 2012 / Notices selected margin is not appropriate as AFA, the Department may disregard the margin and determine an appropriate margin. See, e.g., Fresh Cut Flowers from Mexico; Final Results of Antidumping Duty Administrative Review, 61 FR 6812, 6814 (Feb. 22, 1996) (where the Department disregarded the highest calculated margin as AFA because the margin was based on a company’s uncharacteristic business expense resulting in an unusually high margin). Therefore, we examined whether any information on the record would discredit the selected rate as reasonable facts available. We were unable to find any information that would discredit the selected AFA rate. Based on the above, for these preliminary results, the Department finds the highest rate derived from the petition (i.e., 137.20 percent) is therefore corroborated to the extent practicable. Thus, we have assigned Hubschercorp this rate as AFA in this administrative review. For further discussion of the corroboration of this rate, see the Corroboration Memo. Preliminary Results of the Review We preliminarily determine that the following weighted-average dumping margin exists for the period September 1, 2010, through August 31, 2011: Percent margin Manufacturer/exporter ebenthall on DSK5SPTVN1PROD with NOTICES Hubschercorp ................................. 137.20 Disclosure and Public Hearing The Department will disclose to interested parties the calculations performed in connection with these preliminary results within five days of the date of publication of this notice. See 19 CFR 351.224(b). Pursuant to 19 CFR 351.309(c), interested parties may submit cases briefs not later than the later of 30 days after the date of publication of this notice. Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs. See 19 CFR 351.309(d). Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. See 19 CFR 351.309(c)(2) and (d)(2). Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, or to participate if one is requested, must submit a written request to the Assistant Secretary for Import Administration, filed electronically using Import VerDate Mar<15>2010 16:10 Jun 01, 2012 Jkt 226001 Administration’s Antidumping and Countervailing Duty Centralized Electronic Service System (IA ACCESS). An electronically filed document must be received successfully in its entirety by the Department’s electronic records system, IA ACCESS, by 5 p.m. Eastern Standard Time within 30 days after the date of publication of this notice. Requests should contain: (1) The party’s name, address and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case briefs. The Department will issue the final results of this administrative review, including the results of its analysis of the issues raised in any written briefs, not later than 120 days after the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Act. Assessment Rates Upon completion of the administrative review, the Department shall determine, and CBP shall assess, antidumping duties on all appropriate entries, in accordance with 19 CFR 351.212(b)(1). The Department will issue appropriate appraisement instructions for the companies subject to this review directly to CBP 15 days after the date of publication of the final results of this review. For Hubschercorp’s U.S. sales, we will base the assessment rate assigned to the corresponding entries on AFA, determined as noted above. The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of this review and for future deposits of estimated duties, where applicable. See section 751(a)(2)(C) of the Act. 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)(2)(C) of the Act: (1) The cash deposit rate for Hubschercorp will be that established in the final results of this review; (2) for previously reviewed or investigated companies not participating in this review, 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, or the original LTFV investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 32941 recent period for the manufacturer of the merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 4.37 percent, the all-others rate made effective by the Notice of Final Determination of Sales at Less than Fair Value: Narrow Woven Ribbons with Woven Selvedge from Taiwan, 75 FR 41804 (July 19, 2010). These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a preliminary 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 double antidumping duties. This administrative review and notice are published in accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(4). Dated: May 29, 2012. Paul Piquado, Assistant Secretary for Import Administration. [FR Doc. 2012–13476 Filed 6–1–12; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–813] Certain Preserved Mushrooms From India: Notice of Partial Rescission of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. FOR FURTHER INFORMATION CONTACT: Katherine Johnson or Terre Keaton Stefanova, 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) 482–1280, respectively. AGENCY: SUPPLEMENTARY INFORMATION: Background On February 1, 2012, the Department of Commerce (the Department) published in the Federal Register a notice of ‘‘Opportunity to Request E:\FR\FM\04JNN1.SGM 04JNN1 32942 Federal Register / Vol. 77, No. 107 / Monday, June 4, 2012 / Notices Administrative Review’’ of the antidumping duty order on certain preserved mushrooms from India for the period of review (POR) of February 1, 2011, through January 31, 2012.1 On February 29, 2012, 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. (the petitioner), a petitioner and a domestic interested party, to conduct an administrative review of the sales of Agro Dutch Foods Limited (Agro Dutch Industries Limited) (Agro Dutch), Himalya International Ltd. (Himalya), Hindustan Lever Ltd. (formerly Ponds India, Ltd.) (Hindustan), Transchem Ltd. (Transchem), and Weikfield Foods Pvt. Ltd (Weikfield). The petitioner was the only party to request this administrative review. On March 30, 2012, 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.2 On May 10, 2012, the petitioner timely withdrew its request for a review of Himalya, Hindustan, Transchem and Weikfield. Partial Rescission of Review ebenthall on DSK5SPTVN1PROD with NOTICES 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. The petitioner 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 the petitioner’s withdrawal of its request for review of Himalya, Hindustan, Transchem and Weikfield and pursuant to 19 CFR 351.213(d)(1), we are rescinding this review with regard to these companies. The instant review will continue with respect to Agro Dutch. 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 77 FR 4990 (February 1, 2012). 2 See Initiation of Antidumping Duty Administrative Reviews, Request for Revocation in Part, and Deferral of Administrative Review, 77 FR 19179 (March 30, 2012). VerDate Mar<15>2010 16:10 Jun 01, 2012 Jkt 226001 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 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 751 of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). Dated: May 25, 2012. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2012–13475 Filed 6–1–12; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Application(s) for Duty-Free Entry of Scientific Instruments 36; 80 Stat. 897; 15 CFR part 301), we invite comments on the question of whether instruments of equivalent scientific value, for the purposes for which the instruments shown below are intended to be used, are being manufactured in the United States. Comments must comply with 15 CFR 301.5(a)(3) and (4) of the regulations and be postmarked on or before (Insert date 20 days after publication in the Federal Register). Address written comments to Statutory Import Programs Staff, Room 3720, U.S. Department of Commerce, Washington, DC 20230. Applications may be examined between 8:30 a.m. and 5:00 p.m. at the U.S. Department of Commerce in Room 3720. Docket Number: 12–024. Applicant: Department of Mechanical Engineering, Texas A&M University, 3123 TAMU, College Station, TX 77843–3123. Instrument: Arc melting system. Manufacturer: Edmund Beuhler GmbH, Germany. Intended Use: The instrument will be used to fabricate bulk nanostructured metals and metallic glasses, in particular Mg based alloys, CuNb, NiAl, Nb based alloys and metal matrix composites with oxide nanoparticles. It will be used to investigate the influence of suction casting on the formation of nanostructures in casted alloys, and to study the behavior of these casted alloys, in order to design radiation tolerant and impact resistant high strength alloys with unique microstructures. Pertinent features of this instrument include the capability of suction casting and ceramic powder feed-through for the addition of oxide nanoparticles during the melting of metals. Suction casting is required to achieve nanocrystalline grains, and ceramic powder feed-through will be used to mix ceramic powders with melted metals to achieve metal based nanocomposites. Justification for DutyFree Entry: There are no instruments of the same general category manufactured in the United States. Application accepted by Commissioner of Customs: April 25, 2012. Dated: May 29, 2012. Gregory W. Campbell, Director of Subsidies Enforcement, Import Administration. [FR Doc. 2012–13482 Filed 6–1–12; 8:45 am] BILLING CODE 3510–DS–P Pursuant to Section 6(c) of the Educational, Scientific and Cultural Materials Importation Act of 1966 (Pub. L. 89–651, as amended by Pub. L. 106– PO 00000 Frm 00015 Fmt 4703 Sfmt 9990 E:\FR\FM\04JNN1.SGM 04JNN1

Agencies

[Federal Register Volume 77, Number 107 (Monday, June 4, 2012)]
[Notices]
[Pages 32941-32942]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-13475]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-813]


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

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

FOR FURTHER INFORMATION CONTACT: Katherine Johnson or Terre Keaton 
Stefanova, 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) 482-1280, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On February 1, 2012, the Department of Commerce (the Department) 
published in the Federal Register a notice of ``Opportunity to Request

[[Page 32942]]

Administrative Review'' of the antidumping duty order on certain 
preserved mushrooms from India for the period of review (POR) of 
February 1, 2011, through January 31, 2012.\1\
---------------------------------------------------------------------------

    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 77 FR 4990 (February 1, 2012).
---------------------------------------------------------------------------

    On February 29, 2012, 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. (the 
petitioner), a petitioner and a domestic interested party, to conduct 
an administrative review of the sales of Agro Dutch Foods Limited (Agro 
Dutch Industries Limited) (Agro Dutch), Himalya International Ltd. 
(Himalya), Hindustan Lever Ltd. (formerly Ponds India, Ltd.) 
(Hindustan), Transchem Ltd. (Transchem), and Weikfield Foods Pvt. Ltd 
(Weikfield). The petitioner was the only party to request this 
administrative review.
    On March 30, 2012, 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.\2\
---------------------------------------------------------------------------

    \2\ See Initiation of Antidumping Duty Administrative Reviews, 
Request for Revocation in Part, and Deferral of Administrative 
Review, 77 FR 19179 (March 30, 2012).
---------------------------------------------------------------------------

    On May 10, 2012, the petitioner timely withdrew its request for a 
review of Himalya, Hindustan, Transchem and Weikfield.

Partial Rescission of 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. The 
petitioner 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 the petitioner's withdrawal of its 
request for review of Himalya, Hindustan, Transchem and Weikfield and 
pursuant to 19 CFR 351.213(d)(1), we are rescinding this review with 
regard to these companies. The instant review will continue with 
respect to Agro Dutch.

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 
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 751 of the 
Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4).

    Dated: May 25, 2012.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2012-13475 Filed 6-1-12; 8:45 am]
BILLING CODE 3510-DS-P