Certain Preserved Mushrooms From India: Preliminary Results of Antidumping Duty Administrative Review; 2011-2012, 66580-66581 [2012-27102]

Download as PDF 66580 Federal Register / Vol. 77, No. 215 / Tuesday, November 6, 2012 / Notices Scoping Process This notice of intent initiates the scoping process, which guides the development of the environmental impact statement. A public meeting will be held on Thursday, November 29, 2012 at 6–8 p.m. in the Big Bear Discovery Center located at 41374 North Shore Drive, Highway 38, Fawnskin, CA 92333. It is important that reviewers provide their comments at such times and in such manner that they are useful to the agency’s preparation of the environmental impact statement. Therefore, comments should be provided prior to the close of the comment period and should clearly articulate the reviewer’s concerns and contentions. Dated: October 26, 2012. Scott Tangenberg, Mountaintop District Ranger, San Bernardino National Forest. [FR Doc. 2012–27030 Filed 11–5–12; 8:45 am] BILLING CODE 3410–11–P DEPARTMENT OF AGRICULTURE Natural Resources Conservation Service Notice of Availability of the Record of Decision (ROD) for the Gulf Coast Pipeline Project Natural Resources Conservation Service, USDA. ACTION: Notice of Availability of Record of Decision. AGENCY: This notice represents the Record of Decision (ROD) regarding the Natural Resources Conservation Service’s (NRCS’s) decision to subordinate its rights, acquired under the Wetland Reserve Program, to allow the Gulf Coast Segment (Gulf Coast Pipeline Project) of the TransCanada Keystone Pipeline, LP to cross one NRCS held conservation easement in Fannin County, Texas associated with this approximately 480 mile pipeline from Cushing, Oklahoma, to Nederland, Texas. This is in accordance with agency policy CPM–440, Part 514, Circular 7, Infrastructure Policy on Easements, dated September 6, 2007. ADDRESSES: Copies of the ROD are available upon request from the Natural Resource Conservation Service, 101 South Main, Temple, Texas 76502. FOR FURTHER INFORMATION CONTACT: Claude W. Ross, Natural Resources Specialist, Natural Resources Conservation Service, 101 South Main, Temple, TX 76501; Phone: 254–742– 9822. erowe on DSK2VPTVN1PROD with SUMMARY: VerDate Mar<15>2010 15:06 Nov 05, 2012 Jkt 229001 In September 2008, TransCanada Keystone Pipeline, LP (TransCanada) filed an application for a Presidential Permit with the U.S. Department of State (DOS) to build and operate the Keystone XL Project. In the original application, TransCanada had proposed that the project would consist of 1,375 miles of new 36-inch diameter pipeline, to be built in three segments: The approximately 850-mile long ‘‘Steele City’’ segment from the U.S. border to Steele City, Nebraska; the approximately 478-mile long ‘‘Gulf Coast’’ segment from Cushing, Oklahoma to Nederland, Texas; and the 47-mile long ‘‘Houston Lateral’’ segment from Liberty County, Texas, to the Moore Junction area in Harris County, Texas. On February 27, 2012, TransCanada submitted a letter to the Department of State giving advanced notice of the intent to move forward with the Gulf Coast Segment (Gulf Coast Pipeline Project). The Final Environmental Impact Statement (FEIS) included analysis of the Gulf Coast Pipeline Project. The ROD noticed herein pertains only to the Gulf Coast Pipeline Project and to NRCS’s decision to subordinate its rights, acquired under the Wetlands Reserve Program, thereby allowing the pipeline to cross a conservation easement in Fannin County, Texas. SUPPLEMENTARY INFORMATION: Dated: October 29, 2012. Salvador Salinas, State Conservationist. [FR Doc. 2012–26979 Filed 11–5–12; 8:45 am] BILLING CODE 3410–16–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–813] Certain Preserved Mushrooms From India: Preliminary Results of Antidumping Duty Administrative Review; 2011–2012 Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on certain preserved mushrooms (mushrooms) from India. The period of review (POR) is February 1, 2011, through January 31, 2012, and the review covers one producer and exporter of the subject merchandise, Agro Dutch Industries Limited (Agro Dutch). We have AGENCY: PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 preliminarily assigned to Agro Dutch an antidumping duty margin based upon the application of adverse facts available. DATES: Effective Date: November 6, 2012. FOR FURTHER INFORMATION CONTACT: Katherine Johnson or Terre Keaton Stefanova, AD/CVD Operations, Office 2, 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: Scope of the Order The merchandise subject to the order is certain preserved mushrooms. The product is currently classified under the Harmonized Tariff Schedule of the United States (HTSUS) item numbers 2003.10.0127, 2003.10.0131, 2003.10.0137, 2003.10.0143, 2003.10.0147, 2003.10.0153, 0711.51.0000, 0711.90.4000, 2003.10.0027, 2003.10.0031, 2003.10.0037, 2003.10.0043 and 2003.10.0047. Although the HTS numbers are provided for convenience and customs purposes, the written product description, available in Antidumping Duty Order: Mushrooms From India, 64 FR 8311 (February 19, 1999) (Mushroom Antidumping Duty Order), remains dispositive. Methodology The Department has conducted this review in accordance with section 751(a)(2) of the Tariff Act of 1930, as amended (the Act). In making our preliminary results, we have relied on facts available and, because the respondent did not act to the best of its ability to respond to the Department’s requests for information, we have drawn an adverse inference in selecting from among the facts otherwise available.1 For a full description of the methodology underlying our conclusions, please see ‘‘Decision Memorandum for Preliminary Results of Antidumping Duty Administrative Review: Certain Preserved Mushrooms from India’’ (Preliminary Decision Memorandum) from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Import Administration, dated concurrently with these results and hereby adopted by this notice. The Preliminary Decision Memorandum is a public document and is on file 1 See E:\FR\FM\06NON1.SGM sections 776(a) and (b) of the Act. 06NON1 Federal Register / Vol. 77, No. 215 / Tuesday, November 6, 2012 / Notices erowe on DSK2VPTVN1PROD with electronically via Import Administration’s Antidumping and Countervailing Duty Centralized Electronic Service System (IA ACCESS). IA ACCESS is available to registered users at http://iaaccess.trade.gov and in the in the Central Records Unit (CRU), room 7046 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly on the Internet at http:// www.trade.gov/ia/. The signed Preliminary Decision Memorandum and the electronic version of the Preliminary Decision Memorandum are identical in content. those raised in the respective case briefs. Unless extended, the Department will issue the final results of this administrative review, including the results of its analysis of 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 issuance of the final results, the Department will determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review. The Department intends to issue assessment instructions to CBP 15 days Preliminary Results of the Review after the publication of the final results of this review. Where assessments are As a result of this review, we are based upon total facts available, preliminarily assigning the following including total adverse facts available, dumping margin to Agro Dutch for the we instruct CBP to assess duties at the period February 1, 2011, through adverse facts available margin rate. If January 31, 2012. these preliminary results are unchanged in the final results, then the Department Percent Manufacturer/exporter margin intends to instruct CBP to assess antidumping duties on POR entries of Agro Dutch Industries Limited .. 114.76 the subject merchandise produced or exported by Agro Dutch at the rate of Public Comment 114.76 percent of the entered value.8 The final results of this review shall be Interested parties may submit case the basis for the assessment of briefs not later than 30 days after the antidumping duties on entries of date of publication of this notice.2 merchandise covered by the final results Rebuttal briefs, limited to issues raised of this review and for future deposits of in the case briefs, may be filed not later estimated duties, where applicable. than five days after the date for filing case briefs.3 Parties who submit case Cash Deposit Requirements briefs or rebuttal briefs in this The following cash deposit proceeding are encouraged to submit requirements will be effective for all with each argument: (1) A statement of shipments of mushrooms from India the issue; (2) a brief summary of the entered, or withdrawn from warehouse, 4 argument; and (3) a table of authorities. for consumption on or after the Case and rebuttal briefs should be filed publication date of the final results of 5 using IA ACCESS. this administrative review, as provided Interested parties who wish to request by section 751(a)(2)(C) of the Act: (1) a hearing, or to participate if one is The cash deposit rate for Agro Dutch requested, must submit a written will be the rate established in the final request to the Assistant Secretary for results of this administrative review; (2) Import Administration, filed for previously reviewed or investigated 6 An electronically via IA ACCESS. companies not participating in this electronically filed document must be review, the cash deposit rate will received successfully in its entirety by continue to be the company-specific rate the Department’s electronic records published for the most recent period; (3) system, IA ACCESS, by 5 p.m. Eastern if the exporter is not a firm covered in Standard Time within 30 days after the this review, a previous review, or the 7 date of publication of this notice. original less-than-fair-value (LTFV) Requests should contain: (1) The party’s investigation, but the manufacturer is, name, address and telephone number; the cash deposit rate will be the rate (2) the number of participants; and (3) established for the most recent period a list of issues to be discussed. Issues for the manufacturer of the raised in the hearing will be limited to merchandise; and (4) the cash deposit rate for all other manufacturers or 2 See 19 CFR 351.309(c). exporters will continue to be 11.30 3 See 19 CFR 351.309(d). percent, the all-others rate established 4 See 19 CFR 351.309(c)(2) and (d)(2). 5 See 19 CFR 351.303. in Mushroom Antidumping Duty Order. 6 See 7 See 19 CFR 351.310(c). 19 CFR 351.310(c). VerDate Mar<15>2010 15:06 Nov 05, 2012 8 See Jkt 229001 PO 00000 19 CFR 351.212(b)(1). Frm 00004 Fmt 4703 Sfmt 4703 66581 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)(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. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: October 31, 2012. Paul Piquado, Assistant Secretary for Import Administration. Appendix List of Topics Discussed in the Preliminary Decision Memorandum 1. Application of Facts Available 2. Application of Adverse Facts Available 3. Selection of Adverse Facts Available Rate 4. Corroboration of Information [FR Doc. 2012–27102 Filed 11–5–12; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Notice of Renewal of the Civil Nuclear Trade Advisory Committee International Trade Administration, Commerce. ACTION: Notice of Renewal of the Civil Nuclear Trade Advisory Committee. AGENCY: The Department of Commerce (the Department) International Trade Administration is giving notice that the charter for the Civil Nuclear Trade Advisory Committee (CINTAC) has been renewed as of September 16, 2012. FOR FURTHER INFORMATION CONTACT: David Kincaid, Office of Energy and Environmental Industries, Room 4053, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; phone 202–482– 1706 or email David.Kincaid@trade.gov. SUPPLEMENTARY INFORMATION: The Department of Commerce, as of September 16, 2012, has renewed the charter for the CINTAC in accordance with the Federal Advisory Committee Act, as amended, 5 U.S.C. App. 2, for another two-year term. The CINTAC SUMMARY: E:\FR\FM\06NON1.SGM 06NON1

Agencies

[Federal Register Volume 77, Number 215 (Tuesday, November 6, 2012)]
[Notices]
[Pages 66580-66581]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-27102]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-813]


Certain Preserved Mushrooms From India: Preliminary Results of 
Antidumping Duty Administrative Review; 2011-2012

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

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on certain 
preserved mushrooms (mushrooms) from India. The period of review (POR) 
is February 1, 2011, through January 31, 2012, and the review covers 
one producer and exporter of the subject merchandise, Agro Dutch 
Industries Limited (Agro Dutch). We have preliminarily assigned to Agro 
Dutch an antidumping duty margin based upon the application of adverse 
facts available.

DATES: Effective Date: November 6, 2012.

FOR FURTHER INFORMATION CONTACT: Katherine Johnson or Terre Keaton 
Stefanova, AD/CVD Operations, Office 2, 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: 

Scope of the Order

    The merchandise subject to the order is certain preserved 
mushrooms. The product is currently classified under the Harmonized 
Tariff Schedule of the United States (HTSUS) item numbers 2003.10.0127, 
2003.10.0131, 2003.10.0137, 2003.10.0143, 2003.10.0147, 2003.10.0153, 
0711.51.0000, 0711.90.4000, 2003.10.0027, 2003.10.0031, 2003.10.0037, 
2003.10.0043 and 2003.10.0047. Although the HTS numbers are provided 
for convenience and customs purposes, the written product description, 
available in Antidumping Duty Order: Mushrooms From India, 64 FR 8311 
(February 19, 1999) (Mushroom Antidumping Duty Order), remains 
dispositive.

Methodology

    The Department has conducted this review in accordance with section 
751(a)(2) of the Tariff Act of 1930, as amended (the Act). In making 
our preliminary results, we have relied on facts available and, because 
the respondent did not act to the best of its ability to respond to the 
Department's requests for information, we have drawn an adverse 
inference in selecting from among the facts otherwise available.\1\
---------------------------------------------------------------------------

    \1\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------

    For a full description of the methodology underlying our 
conclusions, please see ``Decision Memorandum for Preliminary Results 
of Antidumping Duty Administrative Review: Certain Preserved Mushrooms 
from India'' (Preliminary Decision Memorandum) from Christian Marsh, 
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Paul Piquado, Assistant Secretary for Import 
Administration, dated concurrently with these results and hereby 
adopted by this notice. The Preliminary Decision Memorandum is a public 
document and is on file

[[Page 66581]]

electronically via Import Administration's Antidumping and 
Countervailing Duty Centralized Electronic Service System (IA ACCESS). 
IA ACCESS is available to registered users at http://iaaccess.trade.gov 
and in the in the Central Records Unit (CRU), room 7046 of the main 
Department of Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly on the 
Internet at http://www.trade.gov/ia/. The signed Preliminary Decision 
Memorandum and the electronic version of the Preliminary Decision 
Memorandum are identical in content.

Preliminary Results of the Review

    As a result of this review, we are preliminarily assigning the 
following dumping margin to Agro Dutch for the period February 1, 2011, 
through January 31, 2012.

------------------------------------------------------------------------
                                                               Percent
                   Manufacturer/exporter                        margin
------------------------------------------------------------------------
Agro Dutch Industries Limited..............................       114.76
------------------------------------------------------------------------

Public Comment

    Interested parties may submit case briefs not later than 30 days 
after the date of publication of this notice.\2\ 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.\3\ 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.\4\ Case and 
rebuttal briefs should be filed using IA ACCESS.\5\
---------------------------------------------------------------------------

    \2\ See 19 CFR 351.309(c).
    \3\ See 19 CFR 351.309(d).
    \4\ See 19 CFR 351.309(c)(2) and (d)(2).
    \5\ See 19 CFR 351.303.
---------------------------------------------------------------------------

    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 via IA 
ACCESS.\6\ 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.\7\ 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. Unless extended, the Department will issue the final results of 
this administrative review, including the results of its analysis of 
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.
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.310(c).
    \7\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

Assessment Rates

    Upon issuance of the final results, the Department will determine, 
and U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries covered by this review. The 
Department intends to issue assessment instructions to CBP 15 days 
after the publication of the final results of this review. Where 
assessments are based upon total facts available, including total 
adverse facts available, we instruct CBP to assess duties at the 
adverse facts available margin rate. If these preliminary results are 
unchanged in the final results, then the Department intends to instruct 
CBP to assess antidumping duties on POR entries of the subject 
merchandise produced or exported by Agro Dutch at the rate of 114.76 
percent of the entered value.\8\ 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.
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of mushrooms from India 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 Agro Dutch will be the rate 
established in the final results of this administrative 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, a previous review, or the original less-
than-fair-value (LTFV) investigation, but the manufacturer is, the cash 
deposit rate will be the rate established for the most recent period 
for the manufacturer of the merchandise; and (4) the cash deposit rate 
for all other manufacturers or exporters will continue to be 11.30 
percent, the all-others rate established in Mushroom Antidumping Duty 
Order. 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)(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.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: October 31, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix

    List of Topics Discussed in the Preliminary Decision Memorandum

1. Application of Facts Available
2. Application of Adverse Facts Available
3. Selection of Adverse Facts Available Rate
4. Corroboration of Information

[FR Doc. 2012-27102 Filed 11-5-12; 8:45 am]
BILLING CODE 3510-DS-P