Certain Preserved Mushrooms From India: Final Results of Antidumping Duty Administrative Review; 2011-2012, 12034-12035 [2013-04041]
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Federal Register / Vol. 78, No. 35 / Thursday, February 21, 2013 / Notices
approved, the grantee would be able to
serve sites throughout the expanded
service area based on companies’ needs
for FTZ designation. The proposed
expanded service area is adjacent to the
Newark/New York Customs and Border
Protection Ports of Entry.
In accordance with the Board’s
regulations, Elizabeth Whiteman of the
FTZ Staff is designated examiner to
evaluate and analyze the facts and
information presented in the application
and case record and to report findings
and recommendations to the Board.
Public comment is invited from
interested parties. Submissions shall be
addressed to the Board’s Executive
Secretary at the address below. The
closing period for their receipt is April
22, 2013. Rebuttal comments in
response to material submitted during
the foregoing period may be submitted
during the subsequent 15-day period to
May 7, 2013.
A copy of the application will be
available for public inspection at the
Office of the Executive Secretary,
Foreign-Trade Zones Board, Room
21013, U.S. Department of Commerce,
1401 Constitution Avenue NW.,
Washington, DC 20230–0002, and in the
‘‘Reading Room’’ section of the Board’s
Web site, which is accessible via
www.trade.gov/ftz. For further
information, contact Elizabeth
Whiteman at Elizabeth
Whiteman@trade.gov or (202) 482–0473.
Dated: February 11, 2013.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2013–04038 Filed 2–20–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–813]
Certain Preserved Mushrooms From
India: Final Results of Antidumping
Duty Administrative Review; 2011–
2012
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On November 6, 2012, the
Department of Commerce (the
Department) published the preliminary
results of the administrative review of
the antidumping duty order on certain
preserved mushrooms from India. The
period of review is February 1, 2011,
through January 31, 2012. We invited
interested parties to comment on the
preliminary results, but we received no
comments. We made no changes for the
erowe on DSK2VPTVN1PROD with NOTICES
AGENCY:
VerDate Mar<15>2010
14:47 Feb 20, 2013
Jkt 229001
final results of review, and assigned to
Agro Dutch Industries Limited an
antidumping duty margin based upon
the application of adverse facts
available.
DATES: Effective Date: February 21,
2013.
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.
Background
On November 6, 2012, the Department
published the preliminary results of the
administrative review of the
antidumping duty order on certain
preserved mushrooms (mushrooms)
from India.1 We invited interested
parties to comment on the Preliminary
Results, but we received no comments.
The Department has conducted this
administrative review in accordance
with section 751(a)(1) of the Tariff Act
of 1930, as amended (the Act).
Period of Review
The period of review is February 1,
2011, through January 31, 2012.
Scope of the Order
The merchandise subject to the order
is certain preserved mushrooms,
whether imported whole, sliced, diced,
or as stems and pieces. The preserved
mushrooms covered under this order are
the species Agaricus bisporus and
Agaricus bitorquis. ‘‘Preserved
mushrooms’’ refer to mushrooms that
have been prepared or preserved by
cleaning, blanching, and sometimes
slicing or cutting. These mushrooms are
then packed and heated in containers
including but not limited to cans or
glass jars in a suitable liquid medium,
including but not limited to water,
brine, butter or butter sauce. Preserved
mushrooms may be imported whole,
sliced, diced, or as stems and pieces.
Included within the scope of this order
are ‘‘brined’’ mushrooms, which are
presalted and packed in a heavy salt
solution to provisionally preserve them
for further processing.
Excluded from the scope of this order
are the following: (1) All other species
of mushroom, including straw
mushrooms; (2) all fresh and chilled
mushrooms, including ‘‘refrigerated’’ or
1 See Certain Preserved Mushrooms: Preliminary
Results of Antidumping Duty Administrative
Review; 2011–2012, 77 FR 66580 (November 6,
2012) (Preliminary Results).
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
‘‘quick blanched mushrooms’’; (3) dried
mushrooms; (4) frozen mushrooms; and
(5) ‘‘marinated,’’ ‘‘acidified’’ or
‘‘pickled’’ mushrooms, which are
prepared or preserved by means of
vinegar or acetic acid, but may contain
oil or other additives.
The merchandise subject to this order
is currently 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).2 Although the
HTSUS subheadings are provided for
convenience and customs purposes, our
written description of the scope of this
order is dispositive.
Application of Adverse Facts Available
In the Preliminary Results, we found
that Agro Dutch Industries Limited
(Agro Dutch) did not act to the best of
its ability in this administrative review
because it failed to respond to all of the
requisite sections of the Department’s
questionnaire. Therefore, pursuant to
sections 776(a)(2) and (b) of the Tariff
Act of 1930, as amended (the Act), we
assigned it a rate of 114.76 percent as
adverse facts available (AFA). No
interested party submitted comments on
the Preliminary Results, and there is no
additional information on the record of
this review that would cause us to
reconsider our preliminary decision.
Thus, for the final results, we continue
to find that, by failing to provide
information we requested, necessary
information is missing from the record
and Agro Dutch did not act to the best
of its ability. Accordingly, we continue
to find that the use of AFA is warranted
for this company under sections
776(a)(2) and (b) of the Act.3
As we explained in the Preliminary
Results, the rate of 114.76 percent
selected as the AFA rate for Agro Dutch
is the highest calculated margin on the
record of this proceeding. Further, as
discussed in the Preliminary Results, we
continue to find that the use of the rate
of 114.76 percent is sufficiently high to
ensure that Agro Dutch does not benefit
from failing to cooperate to the best of
its ability in our review by refusing to
respond to all of the requisite sections
of our questionnaire. In addition, we
consider the 114.76 percent rate
2 We have revised the HTSUS item numbers for
the merchandise subject to this order to reflect the
current HTSUS schedule available on the
International Trade Commission’s Web site at
https://www.usitc.gov/tata/hts/bychapter/index.htm.
3 See Preliminary Results, and accompanying
Decision Memorandum for Preliminary Results of
Antidumping Duty Administrative Review: Certain
Preserved Mushrooms from India.
E:\FR\FM\21FEN1.SGM
21FEN1
Federal Register / Vol. 78, No. 35 / Thursday, February 21, 2013 / Notices
corroborated ‘‘to the extent practicable’’
in accordance with section 776(c) of the
Act.4
1999). These deposit requirements,
when imposed, shall remain in effect
until further notice.
Notification to Importers
This notice also serves as a final
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
Percent
entries during this review period.
Manufacturer/Exporter
margin
Failure to comply with this requirement
could result in the Secretary’s
Agro Dutch Industries Limited ......
114.76
presumption that reimbursement of
antidumping duties occurred and the
Assessment Rates
subsequent assessment of double
The Department will determine, and
antidumping duties.
U.S. Customs and Border Protection
Notification to Interested Parties
(CBP) shall assess, antidumping duties
on all appropriate entries, in accordance
This notice serves as the only
with 19 CFR 351.212(b). The
reminder to parties subject to
Department intends to issue appropriate administrative protective order (APO) of
assessment instructions directly to CBP
their responsibility concerning the
15 days after publication of these final
disposition of proprietary information
results of review. For Agro Dutch’s U.S. disclosed under APO in accordance
sales, we will base the assessment rate
with 19 CFR 351.305(a)(3). Timely
assigned to the corresponding entries on written notification of return/
AFA, as noted above.
destruction of APO materials or
conversion to judicial protective order is
Cash Deposit Requirements
hereby requested. Failure to comply
The following cash deposit
with the regulations and the terms of an
requirements will be effective for all
APO is a sanctionable violation.
shipments of certain preserved
This administrative review and notice
mushrooms from India entered, or
are published in accordance with
withdrawn from warehouse, for
sections 751(a)(1) and 777(i)(1) of the
consumption on or after the publication Act and 19 CFR 351.221.
date of the final results of this
Dated: February 13, 2013.
administrative review, as provided by
Paul Piquado,
section 751(a)(2)(C) of the Act: (1) The
cash deposit rate for Agro Dutch will be Assistant Secretary for Import
Administration.
the rate established in the final results
[FR Doc. 2013–04041 Filed 2–20–13; 8:45 am]
of this administrative review; (2) for
BILLING CODE 3510–DS–P
previously reviewed or investigated
companies not participating in this
review, the cash deposit rate will
DEPARTMENT OF COMMERCE
continue to be the company-specific rate
published for the most recent period; (3) International Trade Administration
if the exporter is not a firm covered in
[A–570–601]
this review, a previous review, or the
original less-than-fair-value
Tapered Roller Bearings and Parts
investigation, but the manufacturer is,
Thereof, Finished and Unfinished From
the cash deposit rate will be the rate
the People’s Republic of China:
established for the most recent period
Amended Final Results of
for the manufacturer of the
Antidumping Duty Administrative
merchandise; and (4) the cash deposit
Review; 2010–2011
rate for all other manufacturers or
exporters will continue to be 11.30
AGENCY: Import Administration,
percent, the all-others rate established
International Trade Administration,
in the Notice of Amendment of Final
Department of Commerce.
Determination of Sales at Less Than
SUMMARY: The Department of Commerce
Fair Value and Antidumping Duty
(the ‘‘Department’’) is amending the
Order: Certain Preserved Mushrooms
final results of the 2010–2011
From India, 64 FR 8311 (February 19,
antidumping duty administrative review
of tapered roller bearings and parts
4 See Preliminary Results and accompanying
thereof, finished and unfinished
Decision Memorandum for Preliminary Results of
(‘‘TRBs’’) from the People’s Republic of
Antidumping Duty Administrative Review: Certain
China (‘‘PRC’’), to correct certain
Preserved Mushrooms from India for a full
discussion of our corroboration analysis.
ministerial errors.
erowe on DSK2VPTVN1PROD with NOTICES
Final Results of the Review
We made no changes to our
preliminary results. Therefore, we are
assigning the following dumping margin
to Agro Dutch for the period February
1, 2011, through January 31, 2012.
VerDate Mar<15>2010
14:47 Feb 20, 2013
Jkt 229001
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
DATES:
12035
Effective Date: February 21,
2013.
FOR FURTHER INFORMATION CONTACT:
Brandon Farlander or Erin Kearney, AD/
CVD Operations, Office 4, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–0182 or (202) 482–
0167, respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 10, 2013, the Department
disclosed to interested parties its
calculations for the final results of the
2010–2011 administrative review of the
antidumping duty order on TRBs from
the PRC. On January 15, 2013,
Changshan Peer Bearing Co., Ltd.
(‘‘CPZ/SKF’’) timely filed ministerial
error allegations and requested that,
pursuant to section 751(h) of the Tariff
Act of 1930, as amended (‘‘the Act’’) and
19 CFR 351.224, the Department correct
the alleged ministerial errors in the
calculations. The Department published
the final results of this proceeding on
January 16, 2013.1 On January 22, 2013,
the Timken Company (‘‘Timken’’) filed
rebuttal comments to CPZ/SKF’s
ministerial error allegations. No other
interested party submitted ministerial
error allegations or rebuttal comments.
Scope of the Order
For a full description of the products
covered by the antidumping duty order
on tapered roller bearings from the PRC,
see Memorandum to Abdelali
Elouaradia, Director, AD/CVD
Operations, Office 4, from Brandon
Farlander and Erin Kearney,
International Trade Compliance
Analysts, AD/CVD Operations, Office 4,
concerning, ‘‘Final Results of the 2010–
2011 Antidumping Duty Administrative
Review of Tapered Roller Bearings from
the People’s Republic of China:
Allegation of Ministerial Errors and
Amended Final,’’ dated concurrently
with this notice (‘‘Ministerial Error
Memorandum’’), which is incorporated
by reference.
Ministerial Errors
A ministerial error is defined in
section 751(h) of the Act as including
‘‘errors in addition, subtraction, or other
arithmetic function, clerical error
resulting from inaccurate copying,
duplication, or the like, and any other
1 See Tapered Roller Bearings and Parts Thereof,
Finished and Unfinished, From the People’s
Republic of China: Final Results of Antidumping
Duty Administrative Review; 2010–2011, 78 FR
3396 (January 16, 2013) (‘‘Final Results’’).
E:\FR\FM\21FEN1.SGM
21FEN1
]]>Agencies
[Federal Register Volume 78, Number 35 (Thursday, February 21, 2013)]
[Notices]
[Pages 12034-12035]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04041]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-813]
Certain Preserved Mushrooms From India: Final Results of
Antidumping Duty Administrative Review; 2011-2012
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On November 6, 2012, the Department of Commerce (the
Department) published the preliminary results of the administrative
review of the antidumping duty order on certain preserved mushrooms
from India. The period of review is February 1, 2011, through January
31, 2012. We invited interested parties to comment on the preliminary
results, but we received no comments. We made no changes for the final
results of review, and assigned to Agro Dutch Industries Limited an
antidumping duty margin based upon the application of adverse facts
available.
DATES: Effective Date: February 21, 2013.
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.
Background
On November 6, 2012, the Department published the preliminary
results of the administrative review of the antidumping duty order on
certain preserved mushrooms (mushrooms) from India.\1\ We invited
interested parties to comment on the Preliminary Results, but we
received no comments.
---------------------------------------------------------------------------
\1\ See Certain Preserved Mushrooms: Preliminary Results of
Antidumping Duty Administrative Review; 2011-2012, 77 FR 66580
(November 6, 2012) (Preliminary Results).
---------------------------------------------------------------------------
The Department has conducted this administrative review in
accordance with section 751(a)(1) of the Tariff Act of 1930, as amended
(the Act).
Period of Review
The period of review is February 1, 2011, through January 31, 2012.
Scope of the Order
The merchandise subject to the order is certain preserved
mushrooms, whether imported whole, sliced, diced, or as stems and
pieces. The preserved mushrooms covered under this order are the
species Agaricus bisporus and Agaricus bitorquis. ``Preserved
mushrooms'' refer to mushrooms that have been prepared or preserved by
cleaning, blanching, and sometimes slicing or cutting. These mushrooms
are then packed and heated in containers including but not limited to
cans or glass jars in a suitable liquid medium, including but not
limited to water, brine, butter or butter sauce. Preserved mushrooms
may be imported whole, sliced, diced, or as stems and pieces. Included
within the scope of this order are ``brined'' mushrooms, which are
presalted and packed in a heavy salt solution to provisionally preserve
them for further processing.
Excluded from the scope of this order are the following: (1) All
other species of mushroom, including straw mushrooms; (2) all fresh and
chilled mushrooms, including ``refrigerated'' or ``quick blanched
mushrooms''; (3) dried mushrooms; (4) frozen mushrooms; and (5)
``marinated,'' ``acidified'' or ``pickled'' mushrooms, which are
prepared or preserved by means of vinegar or acetic acid, but may
contain oil or other additives.
The merchandise subject to this order is currently 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).\2\ Although
the HTSUS subheadings are provided for convenience and customs
purposes, our written description of the scope of this order is
dispositive.
---------------------------------------------------------------------------
\2\ We have revised the HTSUS item numbers for the merchandise
subject to this order to reflect the current HTSUS schedule
available on the International Trade Commission's Web site at https://www.usitc.gov/tata/hts/bychapter/index.htm.
---------------------------------------------------------------------------
Application of Adverse Facts Available
In the Preliminary Results, we found that Agro Dutch Industries
Limited (Agro Dutch) did not act to the best of its ability in this
administrative review because it failed to respond to all of the
requisite sections of the Department's questionnaire. Therefore,
pursuant to sections 776(a)(2) and (b) of the Tariff Act of 1930, as
amended (the Act), we assigned it a rate of 114.76 percent as adverse
facts available (AFA). No interested party submitted comments on the
Preliminary Results, and there is no additional information on the
record of this review that would cause us to reconsider our preliminary
decision. Thus, for the final results, we continue to find that, by
failing to provide information we requested, necessary information is
missing from the record and Agro Dutch did not act to the best of its
ability. Accordingly, we continue to find that the use of AFA is
warranted for this company under sections 776(a)(2) and (b) of the
Act.\3\
---------------------------------------------------------------------------
\3\ See Preliminary Results, and accompanying Decision
Memorandum for Preliminary Results of Antidumping Duty
Administrative Review: Certain Preserved Mushrooms from India.
---------------------------------------------------------------------------
As we explained in the Preliminary Results, the rate of 114.76
percent selected as the AFA rate for Agro Dutch is the highest
calculated margin on the record of this proceeding. Further, as
discussed in the Preliminary Results, we continue to find that the use
of the rate of 114.76 percent is sufficiently high to ensure that Agro
Dutch does not benefit from failing to cooperate to the best of its
ability in our review by refusing to respond to all of the requisite
sections of our questionnaire. In addition, we consider the 114.76
percent rate
[[Page 12035]]
corroborated ``to the extent practicable'' in accordance with section
776(c) of the Act.\4\
---------------------------------------------------------------------------
\4\ See Preliminary Results and accompanying Decision Memorandum
for Preliminary Results of Antidumping Duty Administrative Review:
Certain Preserved Mushrooms from India for a full discussion of our
corroboration analysis.
---------------------------------------------------------------------------
Final Results of the Review
We made no changes to our preliminary results. Therefore, we are
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
------------------------------------------------------------------------
Assessment Rates
The Department will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries, in accordance with 19 CFR 351.212(b). The Department intends
to issue appropriate assessment instructions directly to CBP 15 days
after publication of these final results of review. For Agro Dutch's
U.S. sales, we will base the assessment rate assigned to the
corresponding entries on AFA, as noted above.
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of certain preserved 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 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 the Notice of Amendment of Final Determination of Sales
at Less Than Fair Value and Antidumping Duty Order: Certain Preserved
Mushrooms From India, 64 FR 8311 (February 19, 1999). These deposit
requirements, when imposed, shall remain in effect until further
notice.
Notification to Importers
This notice also serves as a final 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.
Notification to Interested Parties
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 administrative review and notice are published in accordance
with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221.
Dated: February 13, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-04041 Filed 2-20-13; 8:45 am]
BILLING CODE 3510-DS-P
