Certain Preserved Mushrooms From India: Final Results of Antidumping Duty Administrative Review; 2011-2012, 12034-12035 [2013-04041]

Download as PDF 12034 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 http://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]


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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 http://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