Certain Preserved Mushrooms From the People's Republic of China: Preliminary Rescission of Antidumping Duty New Shipper Review; 2011-2012, 4126-4127 [2013-01040]

Download as PDF 4126 Federal Register / Vol. 78, No. 13 / Friday, January 18, 2013 / Notices an administrative review of the antidumping duty order on oil country tubular goods (‘‘OCTG’’) from the PRC. The period of review is May 1, 2011 through April 30, 2012. Based on the timely withdrawal of the request for review submitted by both U.S. Steel and WSP, we are now rescinding this administrative review. DATES: Effective Date: January 18, 2013. FOR FURTHER INFORMATION CONTACT: Brendan Quinn or Eugene Degnan, 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) 482–5848 or (202) 482– 0414, respectively. Background On May 1, 2012, the Department published a notice of opportunity to request an administrative review of the antidumping duty order on OCTG from the PRC for the period May 1, 2011 through April 30, 2012.1 On May 31, 2012, the Department received a timely request from U.S. Steel to conduct an administrative review of 247 PRC companies in accordance with 19 CFR 351.213(b).2 In addition, WSP requested that the Department conduct an administrative review of its company.3 Pursuant to these requests, on July 10, 2012, in accordance with section 751(a) of the Tariff Act of 1930, as amended (‘‘the Act’’), the Department published in the Federal Register a notice of initiation of this antidumping duty administrative review.4 mstockstill on DSK4VPTVN1PROD with Rescission of Administrative Review Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an administrative review, in whole or in part, if the party that requested the review withdraws the request within 90 days of the date of publication of the notice of initiation of the requested review. In this case, on July 10 and September 20, 2012, WSP and Petitioner timely withdrew each of their requests for a review, respectively.5 Therefore, the Department 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 77 FR 25679 (May 1, 2012). 2 See Petitioner’s submission entitled, ‘‘Oil Country Tubular Goods from the People’s Republic of China: Request for Administrative Review,’’ dated May 31, 2012. 3 See WSP’s submission entitled, ‘‘Oil Country Tubular Goods from China: Request for Administrative Review,’’ dated May 31, 2012. 4 See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 77 FR 40565 (July 10, 2012). 5 See WSP’s submission entitled, ‘‘Oil Country Tubular Goods from China: Withdrawal of Request VerDate Mar<15>2010 16:52 Jan 17, 2013 Jkt 229001 is rescinding the administrative review of the antidumping duty order on OCTG from the PRC covering the period May 1, 2011 through April 30, 2012, in accordance with 19 CFR 351.213(d)(1). DEPARTMENT OF COMMERCE Assessment Certain Preserved Mushrooms From the People’s Republic of China: Preliminary Rescission of Antidumping Duty New Shipper Review; 2011–2012 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 or bonding rate 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 publication of this notice. Notification to Importers This notice serves as a final 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 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 also serves as a 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 and as explained in the APO itself. Timely written notification of the 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 issued and published in accordance with section 777(i)(1) of the Act and 19 CFR 351.213(d)(4). Dated: January 10, 2013. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2013–01045 Filed 1–17–13; 8:45 am] BILLING CODE 3510–DS–P for Administrative Review,’’ dated July 10, 2012; and Petitioner’s submission entitled, ‘‘Certain Oil Country Tubular Goods from the People’s Republic of China,’’ dated September 20, 2012. PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 International Trade Administration [A–570–851] Import Administration, International Trade Administration, Department of Commerce. AGENCY: Effective Date: January 18, 2013. The Department of Commerce (the Department) is conducting a new shipper review (NSR) of the antidumping duty order on certain preserved mushrooms from the People’s Republic of China (PRC). The NSR covers Shandong Yinfeng Rare Fungus Corporation Ltd. (Yinfeng) for the period of review (POR) February 1, 2011, through January 31, 2012. The Department has preliminarily determined that Yinfeng did not satisfy the regulatory requirements for a NSR. Therefore, the Department is preliminarily rescinding this NSR. We invite interested parties to comment on this preliminary rescission of review. DATES: SUMMARY: FOR FURTHER INFORMATION CONTACT: Mark Flessner or Robert James, AD/CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, telephone: (202) 482–6312 or (202) 482– 0649, respectively. Scope of the Order The products covered by this order are certain preserved mushrooms, whether imported whole, sliced, diced, or as stems and pieces. The certain preserved mushrooms covered under this order are the species Agaricus bisporus and Agaricus bitorquis. The merchandise subject to this order is classifiable under subheadings: 2003.10.0127, 2003.10.0131, 2003.10.0137, 2003.10.0143, 2003.10.0147, 2003.10.0153, and 0711.51.0000 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, our written description of the scope of this proceeding is dispositive. For the complete scope, see Certain Preserved Mushrooms From the People’s Republic of China: Final Results of Antidumping Duty Administrative Review, 77 FR 55808 (September 11, 2012). E:\FR\FM\18JAN1.SGM 18JAN1 Federal Register / Vol. 78, No. 13 / Friday, January 18, 2013 / Notices Methodology The Department has conducted this review in accordance with section 751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.214. For a full description of the methodology underlying our conclusions, see ‘‘Decision Memorandum for Preliminary Results of Antidumping Duty New Shipper Review: Certain Preserved Mushrooms from the People’s Republic of China,’’ from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Import Administration (Preliminary Decision Memorandum), dated concurrently with these results and hereby adopted by this notice. The Preliminary Decision Memorandum is a public document and is on file 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 Central Records Unit, 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:// iaaccess.trade.gov. The signed Preliminary Decision Memorandum and the electronic version of the Preliminary Decision Memorandum are identical in content. mstockstill on DSK4VPTVN1PROD with Preliminary Rescission of NSR Based on information that Yinfeng submitted after the initiation of the NSR, the Department has preliminarily determined that Yinfeng did not meet the minimum requirements in its request for an NSR under 19 CFR 351.214(b)(2)(iv)(C). Therefore, the Department preliminarily determines that it is appropriate to rescind the NSR for Yinfeng. Assessment Rates Yinfeng’s entries will are currently subject to the PRC-wide rate. Although the Department intends to rescind the NSR for Yinfeng, the Department is currently conducting an administrative review for the POR February 1, 2011, through January 31, 2012, which could include the entries subject to this NSR.1 Accordingly, if the Department proceeds with a final rescission of this NSR, we will instruct U.S. Customs and Border 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, and Deferral of Administrative Review, 77 FR 19179, 19182 (March 30, 2012). VerDate Mar<15>2010 16:52 Jan 17, 2013 Jkt 229001 Protection (CBP) to continue to suspend entries during the period February 1, 2011, through January 31, 2012, of subject merchandise exported by Yinfeng until CBP receives instructions relating to the administrative review covering the period February 1, 2011, through January 31, 2012. Cash Deposit Requirements Effective upon publication of the final rescission or the final results of this NSR, we will instruct CBP to discontinue the option of posting a bond or security in lieu of a cash deposit for entries of subject merchandise by Yinfeng. If we proceed to a final rescission of this NSR, the cash deposit rate will continue to be the ad valorem PRC-wide rate for Yinfeng. If we issue final results of the NSR for this respondent, we will instruct CBP to collect cash deposits, effective upon the publication of the final results, at the rates established therein. Comments Interested parties are invited to comment on these preliminary results and submit written arguments or case briefs within 30 days after the date of publication of this notice, unless otherwise notified by the Department.2 Parties are reminded that written comments or case briefs are not the place for submitting new factual material. Rebuttal briefs, limited to issues raised in the case briefs, will be due five days later.3 Parties who submit case or rebuttal briefs are requested to submit with each argument: (1) A statement of the issue; and (2) a brief summary of the argument. Parties are requested to provide a summary of the arguments not to exceed five pages and a table of statutes, regulations, and cases cited. Any interested party who wishes to request a hearing, or to participate if one is requested, must submit a written request to the Assistant Secretary for Import Administration within 30 days after the day of publication of this notice. A request 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.4 Issues raised in the hearing will be limited to those raised in case briefs. The Department will issue the final rescission or final results of NSR, including the results of our analysis of issues raised in any briefs, within 90 days after the date on which the preliminary rescissions were issued, 2 See 19 CFR 351.309(c)(ii). 19 CFR 351.309(d). 4 See 19 CFR 351.310(c). unless the deadline for the final results is extended.5 Notification to Importers This notice serves as a preliminary reminder to the 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. This notice is published in accordance with sections 751(a)(2)(B) and 777(i) of the Act and 19 CFR 351.214(f). Dated: January 10, 2013. Paul Piquado, Assistant Secretary for Import Administration. Appendix I List of Topics Discussed in the Preliminary Decision Memorandum Failure to satisfy new shipper regulatory requirements—Yinfeng Rescission of NSR [FR Doc. 2013–01040 Filed 1–17–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Proposed Information Collection; Comment Request; Basic Requirements for Special Exemption Permits and Authorizations To Take, Import, and Export Marine Mammals, Threatened and Endangered Species, and for Maintaining a Captive Marine Mammal Inventory Under the Marine Mammal Protection, the Fur Seal, and the Endangered Species Acts National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice. AGENCY: The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. DATES: Written comments must be submitted on or before March 19, 2013. SUMMARY: 3 See PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 4127 5 See E:\FR\FM\18JAN1.SGM 19 CFR 351.214(i). 18JAN1

Agencies

[Federal Register Volume 78, Number 13 (Friday, January 18, 2013)]
[Notices]
[Pages 4126-4127]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01040]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-851]


Certain Preserved Mushrooms From the People's Republic of China: 
Preliminary Rescission of Antidumping Duty New Shipper Review; 2011-
2012

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

DATES: Effective Date: January 18, 2013.
SUMMARY: The Department of Commerce (the Department) is conducting a 
new shipper review (NSR) of the antidumping duty order on certain 
preserved mushrooms from the People's Republic of China (PRC). The NSR 
covers Shandong Yinfeng Rare Fungus Corporation Ltd. (Yinfeng) for the 
period of review (POR) February 1, 2011, through January 31, 2012. The 
Department has preliminarily determined that Yinfeng did not satisfy 
the regulatory requirements for a NSR. Therefore, the Department is 
preliminarily rescinding this NSR. We invite interested parties to 
comment on this preliminary rescission of review.

FOR FURTHER INFORMATION CONTACT: Mark Flessner or Robert James, AD/CVD 
Operations, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230, telephone: (202) 482-
6312 or (202) 482-0649, respectively.

Scope of the Order

    The products covered by this order are certain preserved mushrooms, 
whether imported whole, sliced, diced, or as stems and pieces. The 
certain preserved mushrooms covered under this order are the species 
Agaricus bisporus and Agaricus bitorquis. The merchandise subject to 
this order is classifiable under subheadings: 2003.10.0127, 
2003.10.0131, 2003.10.0137, 2003.10.0143, 2003.10.0147, 2003.10.0153, 
and 0711.51.0000 of the Harmonized Tariff Schedule of the United States 
(HTSUS). Although the HTSUS subheadings are provided for convenience 
and customs purposes, our written description of the scope of this 
proceeding is dispositive. For the complete scope, see Certain 
Preserved Mushrooms From the People's Republic of China: Final Results 
of Antidumping Duty Administrative Review, 77 FR 55808 (September 11, 
2012).

[[Page 4127]]

Methodology

    The Department has conducted this review in accordance with section 
751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 
351.214. For a full description of the methodology underlying our 
conclusions, see ``Decision Memorandum for Preliminary Results of 
Antidumping Duty New Shipper Review: Certain Preserved Mushrooms from 
the People's Republic of China,'' from Christian Marsh, Deputy 
Assistant Secretary for Antidumping and Countervailing Duty Operations, 
to Paul Piquado, Assistant Secretary for Import Administration 
(Preliminary Decision Memorandum), dated concurrently with these 
results and hereby adopted by this notice. The Preliminary Decision 
Memorandum is a public document and is on file 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 Central 
Records Unit, 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://iaaccess.trade.gov. The 
signed Preliminary Decision Memorandum and the electronic version of 
the Preliminary Decision Memorandum are identical in content.

Preliminary Rescission of NSR

    Based on information that Yinfeng submitted after the initiation of 
the NSR, the Department has preliminarily determined that Yinfeng did 
not meet the minimum requirements in its request for an NSR under 19 
CFR 351.214(b)(2)(iv)(C). Therefore, the Department preliminarily 
determines that it is appropriate to rescind the NSR for Yinfeng.

Assessment Rates

    Yinfeng's entries will are currently subject to the PRC-wide rate. 
Although the Department intends to rescind the NSR for Yinfeng, the 
Department is currently conducting an administrative review for the POR 
February 1, 2011, through January 31, 2012, which could include the 
entries subject to this NSR.\1\ Accordingly, if the Department proceeds 
with a final rescission of this NSR, we will instruct U.S. Customs and 
Border Protection (CBP) to continue to suspend entries during the 
period February 1, 2011, through January 31, 2012, of subject 
merchandise exported by Yinfeng until CBP receives instructions 
relating to the administrative review covering the period February 1, 
2011, through January 31, 2012.
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, and 
Deferral of Administrative Review, 77 FR 19179, 19182 (March 30, 
2012).
---------------------------------------------------------------------------

Cash Deposit Requirements

    Effective upon publication of the final rescission or the final 
results of this NSR, we will instruct CBP to discontinue the option of 
posting a bond or security in lieu of a cash deposit for entries of 
subject merchandise by Yinfeng. If we proceed to a final rescission of 
this NSR, the cash deposit rate will continue to be the ad valorem PRC-
wide rate for Yinfeng. If we issue final results of the NSR for this 
respondent, we will instruct CBP to collect cash deposits, effective 
upon the publication of the final results, at the rates established 
therein.

Comments

    Interested parties are invited to comment on these preliminary 
results and submit written arguments or case briefs within 30 days 
after the date of publication of this notice, unless otherwise notified 
by the Department.\2\ Parties are reminded that written comments or 
case briefs are not the place for submitting new factual material. 
Rebuttal briefs, limited to issues raised in the case briefs, will be 
due five days later.\3\ Parties who submit case or rebuttal briefs are 
requested to submit with each argument: (1) A statement of the issue; 
and (2) a brief summary of the argument. Parties are requested to 
provide a summary of the arguments not to exceed five pages and a table 
of statutes, regulations, and cases cited.
---------------------------------------------------------------------------

    \2\ See 19 CFR 351.309(c)(ii).
    \3\ See 19 CFR 351.309(d).
---------------------------------------------------------------------------

    Any interested party who wishes to request a hearing, or to 
participate if one is requested, must submit a written request to the 
Assistant Secretary for Import Administration within 30 days after the 
day of publication of this notice. A request 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.\4\ Issues 
raised in the hearing will be limited to those raised in case briefs. 
The Department will issue the final rescission or final results of NSR, 
including the results of our analysis of issues raised in any briefs, 
within 90 days after the date on which the preliminary rescissions were 
issued, unless the deadline for the final results is extended.\5\
---------------------------------------------------------------------------

    \4\ See 19 CFR 351.310(c).
    \5\ See 19 CFR 351.214(i).
---------------------------------------------------------------------------

Notification to Importers

    This notice serves as a preliminary reminder to the 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.
    This notice is published in accordance with sections 751(a)(2)(B) 
and 777(i) of the Act and 19 CFR 351.214(f).

    Dated: January 10, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

Failure to satisfy new shipper regulatory requirements--Yinfeng
Rescission of NSR

[FR Doc. 2013-01040 Filed 1-17-13; 8:45 am]
BILLING CODE 3510-DS-P