Certain Preserved Mushrooms From the People's Republic of China: Final Rescission of Antidumping Duty New Shipper Review; 2011-2012, 18315-18316 [2013-06922]
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Federal Register / Vol. 78, No. 58 / Tuesday, March 26, 2013 / Notices
submitted an application to the Board
(FTZ Docket 30–2012, filed 04/12/12)
for authority to reorganize under the
ASF with a service area of the County
of Mercer, adjacent to the Philadelphia
Customs and Border Protection port of
entry; FTZ 200’s Site 1 would be
categorized as a magnet site; acreage
would be removed from Site 4; and Sites
4 and 8 would be categorized as usagedriven sites;
Whereas, notice inviting public
comment was given in the Federal
Register (77 FR 23221–23222, 04/18/12)
and the application has been processed
pursuant to the FTZ Act and the Board’s
regulations; and,
Whereas, the Board adopts the
findings and recommendations of the
examiner’s report, and finds that the
requirements of the FTZ Act and the
Board’s regulations are satisfied;
Now, therefore, the Board hereby
orders:
The application to reorganize and
expand FTZ 200 under the alternative
site framework is approved, subject to
the FTZ Act and the Board’s regulations,
including Section 400.13, to the Board’s
standard 2,000-acre activation limit for
the zone, and to a three-year ASF sunset
provision for usage-driven sites that
would terminate authority for Sites 4
and 8 if no foreign status merchandise
is admitted for a bona fide customs
purpose by March 31, 2016.
Signed at Washington, DC, this 5th day of
March 2013.
Paul Piquado,
Assistant Secretary of Commerce for Import
Administration, Alternate Chairman, ForeignTrade Zones Board.
ATTEST:
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2013–06940 Filed 3–25–13; 8:45 am]
BILLING CODE 3510–DS–P
[A–570–851]
Certain Preserved Mushrooms From
the People’s Republic of China: Final
Rescission of Antidumping Duty New
Shipper Review; 2011–2012
srobinson on DSK4SPTVN1PROD with NOTICES
VerDate Mar<15>2010
19:07 Mar 25, 2013
Jkt 229001
In the Preliminary Rescission, the
Department determined that Yinfeng
did not meet the minimum
requirements in its request for a NSR
under 19 CFR 351.214(b)(2)(iv)(C) and
19 CFR 351.214(c) because the
Department could not determine
whether Yinfeng had reported its first
shipment of subject merchandise to the
United States and, thus, whether
Yinfeng requested a NSR within one
year of the date of first entry.2 The
complete discussion of the Department’s
decision to preliminarily rescind the
NSR was set forth in its preliminary
analysis memorandum, dated January
18, 2013.3 We invited interested parties
to comment on the Preliminary
Rescission of this NSR. No party
submitted comments.
Pursuant to 19 CFR 351.214(g), the
POR for this NSR is February 1, 2011,
through January 31, 2012.
International Trade Administration
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On January 18, 2013, the
Department of Commerce (the
Department) published in the Federal
Register the preliminary rescission of
this new shipper review (NSR) of
Shandong Yinfeng Rare Fungus
Background
Period of Review
DEPARTMENT OF COMMERCE
AGENCY:
Corporation Ltd. (Yinfeng) under the
antidumping duty order on certain
preserved mushrooms from the People’s
Republic of China (PRC) covering the
period of review (POR) February 1,
2011, through January 31, 2012.1 The
Preliminary Rescission invited
interested parties to comment. No
comments were received from any
party. As discussed below, based on our
analysis of the record, the Department
has determined that Yinfeng did not
satisfy the regulatory requirements for a
NSR. Therefore, we are rescinding this
NSR.
DATES: Effective Date: March 26, 2013.
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.
SUPPLEMENTARY INFORMATION:
1 See Certain Preserved Mushrooms from the
People’s Republic of China: Preliminary Rescission
of Antidumping Duty New Shipper Review; 2011–
2012, 78 FR 4126 (January 18, 2013) (Preliminary
Rescission).
2 See Preliminary Rescission, 78 FR at 4127; see
also ‘‘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
January 10, 2013, at 4.
3 See generally Preliminary Decision
Memorandum.
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
18315
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.
‘‘Certain Preserved Mushrooms’’ refers
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.
Certain 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.4
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 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, the written description of the
scope of this order is dispositive.
Rescission of New Shipper Review
The NSR provisions of the
Department’s regulations require that
the entity making a request for a NSR
must document and certify, among other
things: (1) The date on which subject
merchandise of the exporter or producer
making the request was first entered or
4 On June 19, 2000, the Department affirmed that
‘‘marinated,’’ ‘‘acidified,’’ or ‘‘pickled’’ mushrooms
containing less than 0.5 percent acetic acid are
within the scope of the antidumping duty order.
See ‘‘Recommendation Memorandum—Final Ruling
of Request by Tak Fat, et al., for Exclusion of
Certain Marinated, Acidified Mushrooms from the
Scope of the Antidumping Duty Order on Certain
Preserved Mushrooms from the People’s Republic
of China,’’ dated June 19, 2000. On February 9,
2005, the United States Court of Appeals for the
Federal Circuit upheld this decision. See Tak Fat
v. United States, 396 F.3d 1378 (Fed. Cir. 2005).
E:\FR\FM\26MRN1.SGM
26MRN1
18316
Federal Register / Vol. 78, No. 58 / Tuesday, March 26, 2013 / Notices
percent should be collected for all
shipments of subject merchandise by
Yinfeng entered, or withdrawn from
warehouse, for consumption in the
United States on or after the publication
of this rescission notice.
Assessment Rate
Yinfeng remains under review as part
of the PRC-wide entity in the ongoing
administrative review covering the
2011–2012 POR.5 Accordingly, we will
instruct U.S. Customs and Border
Protection (CBP) to continue to suspend
entries of subject merchandise produced
and/or exported by Yinfeng during the
period February 1, 2011, through
January 31, 2012, until CBP receives
instructions relating to the
administrative review covering the
period February 1, 2011, through
January 31, 2012.
srobinson on DSK4SPTVN1PROD with NOTICES
withdrawn from warehouse, for
consumption, or, if it cannot establish
the date of first entry, the date on which
the exporter or producer first shipped
the merchandise for export to the
United States; (2) the volume of that and
subsequent shipments; and (3) the date
of the first sale to an unaffiliated
customer in the United States. See 19
CFR 351.214(b)(2)(iv)(A)–(C). The
regulations also state that the entity
requesting the NSR must make the
request within one year of the date of
first entry. See 19 CFR 351.214(c). The
Department has not acquired or received
any additional information that would
alter our preliminary determination that
Yinfeng did not satisfy the minimum
regulatory requirements in its request
for a NSR under 19 CFR
351.214(b)(2)(iv)(C) and 19 CFR
351.214(c). Furthermore, since the
publication of the Preliminary
Rescission, the Department solicited
comments from interested parties
regarding the intended rescission of the
NSR for Yinfeng, but received no such
comments.
Because we find that Yinfeng did not
satisfy the requirements of 19 CFR
351.214(b)(2)(iv)(C) and 19 CFR
351.214(c), we are rescinding this NSR.
Consequently, we are not calculating a
company-specific rate for Yinfeng, and
Yinfeng will remain a part of the PRCwide entity.
Dated: March 19, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
Cash Deposit
The Department will notify CBP that
bonding is no longer permitted to fulfill
security requirements for subject
merchandise produced and/or exported
by Yinfeng that is entered, or withdrawn
from warehouse, for consumption in the
United States on or after the publication
of this rescission notice in the Federal
Register. The Department will notify
CBP that a cash deposit rate of 198.63
5 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Request for Revocation in Part, and Deferral of
Administrative Review, 77 FR 19179 (March 30,
2012).
VerDate Mar<15>2010
19:07 Mar 25, 2013
Jkt 229001
Notification to Importers
This notice serves as a 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.
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. 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.
We are issuing and publishing this
rescission and notice in accordance
with sections 751(a)(2)(B) and 777(i) of
the Act and 19 CFR 351.214(f)(3).
[FR Doc. 2013–06922 Filed 3–25–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–831]
Fresh Garlic From the People’s
Republic of China: Final Rescission of
Antidumping Duty New Shipper
Reviews; 2010–2011
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On October 25, 2012, the
Department of Commerce (Department)
published its preliminary rescission for
the new shipper reviews (NSRs) of the
antidumping duty order on fresh garlic
from the People’s Republic of China
(PRC) 1 covering the period of review
AGENCY:
1 See Fresh Garlic From the People’s Republic of
China: Preliminary Rescission of Antidumping Duty
New Shipper Reviews; 2010–2011, 77 FR 65171
(October 25, 2012) (Preliminary Rescission).
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
(POR) November 1, 2010, through
October 31, 2011, for Foshan Fuyi Food
Co., Ltd. (Fuyi) and Qingdao May
Carrier Import & Export Co., Ltd.
(Maycarrier). For these final results, the
Department continues to find that Fuyi’s
new shipper sales were not bona fide.
Additionally, the Department continues
to find that Maycarrier does not qualify
as a new shipper. Therefore, the
Department is rescinding the NSRs of
both Fuyi and Maycarrier.
DATES: Effective Date: March 26, 2013.
FOR FURTHER INFORMATION CONTACT:
Lingjun Wang or David Lindgren, AD/
CVD Operations, Office 6, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–2316 or (202) 482–
3870, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 25, 2012, the Department
published the Preliminary Rescission.
Between November 2012 and January
2013, the Department issued, and Fuyi
and Maycarrier responded to,
supplemental questionnaires.
Additionally, on January 25, 2013,
Maycarrier filed comments on factual
information on the record. In February
2013, Fuyi and Maycarrier filed case
briefs and Petitioners 2 filed rebuttal
briefs.
The Department placed factual
information regarding Fuyi’s NSR on the
record on January 9, 2013, and, based on
a request from Maycarrier, on January
30, 2013, the Department placed on the
record the surrogate country selection
and surrogate value memorandum,
intermediate input methodology
memorandum, and surrogate value data
used in the concurrent administrative
review on fresh garlic from the PRC.
Finally, Maycarrier submitted
comments on February 20, 2013,
requesting that, if the Department were
to conduct a bona fides analysis of the
price and quantity of Maycarrier’s sales,
it should have an opportunity to submit
comments on such analysis. As
discussed in more detail below, the
Department has not conducted a bona
fides analysis of Maycarrier’s sales.
Scope of the Order
The products subject to the
antidumping duty order are all grades of
garlic, whole or separated into
constituent cloves. Fresh garlic that is
2 Petitioners are the Fresh Garlic Producers
Association and its individual members:
Christopher Ranch L.L.C., The Garlic Company,
Valley Garlic, and Vessey and Company, Inc.
E:\FR\FM\26MRN1.SGM
26MRN1
]]>Agencies
[Federal Register Volume 78, Number 58 (Tuesday, March 26, 2013)]
[Notices]
[Pages 18315-18316]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-06922]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-851]
Certain Preserved Mushrooms From the People's Republic of China:
Final Rescission of Antidumping Duty New Shipper Review; 2011-2012
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On January 18, 2013, the Department of Commerce (the
Department) published in the Federal Register the preliminary
rescission of this new shipper review (NSR) of Shandong Yinfeng Rare
Fungus Corporation Ltd. (Yinfeng) under the antidumping duty order on
certain preserved mushrooms from the People's Republic of China (PRC)
covering the period of review (POR) February 1, 2011, through January
31, 2012.\1\ The Preliminary Rescission invited interested parties to
comment. No comments were received from any party. As discussed below,
based on our analysis of the record, the Department has determined that
Yinfeng did not satisfy the regulatory requirements for a NSR.
Therefore, we are rescinding this NSR.
---------------------------------------------------------------------------
\1\ See Certain Preserved Mushrooms from the People's Republic
of China: Preliminary Rescission of Antidumping Duty New Shipper
Review; 2011-2012, 78 FR 4126 (January 18, 2013) (Preliminary
Rescission).
---------------------------------------------------------------------------
DATES: Effective Date: March 26, 2013.
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.
SUPPLEMENTARY INFORMATION:
Background
In the Preliminary Rescission, the Department determined that
Yinfeng did not meet the minimum requirements in its request for a NSR
under 19 CFR 351.214(b)(2)(iv)(C) and 19 CFR 351.214(c) because the
Department could not determine whether Yinfeng had reported its first
shipment of subject merchandise to the United States and, thus, whether
Yinfeng requested a NSR within one year of the date of first entry.\2\
The complete discussion of the Department's decision to preliminarily
rescind the NSR was set forth in its preliminary analysis memorandum,
dated January 18, 2013.\3\ We invited interested parties to comment on
the Preliminary Rescission of this NSR. No party submitted comments.
---------------------------------------------------------------------------
\2\ See Preliminary Rescission, 78 FR at 4127; see also
``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 January 10, 2013, at 4.
\3\ See generally Preliminary Decision Memorandum.
---------------------------------------------------------------------------
Period of Review
Pursuant to 19 CFR 351.214(g), the POR for this NSR is February 1,
2011, through January 31, 2012.
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. ``Certain Preserved
Mushrooms'' refers 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. Certain 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.\4\
---------------------------------------------------------------------------
\4\ On June 19, 2000, the Department affirmed that
``marinated,'' ``acidified,'' or ``pickled'' mushrooms containing
less than 0.5 percent acetic acid are within the scope of the
antidumping duty order. See ``Recommendation Memorandum--Final
Ruling of Request by Tak Fat, et al., for Exclusion of Certain
Marinated, Acidified Mushrooms from the Scope of the Antidumping
Duty Order on Certain Preserved Mushrooms from the People's Republic
of China,'' dated June 19, 2000. On February 9, 2005, the United
States Court of Appeals for the Federal Circuit upheld this
decision. See Tak Fat v. United States, 396 F.3d 1378 (Fed. Cir.
2005).
---------------------------------------------------------------------------
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 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, the written
description of the scope of this order is dispositive.
Rescission of New Shipper Review
The NSR provisions of the Department's regulations require that the
entity making a request for a NSR must document and certify, among
other things: (1) The date on which subject merchandise of the exporter
or producer making the request was first entered or
[[Page 18316]]
withdrawn from warehouse, for consumption, or, if it cannot establish
the date of first entry, the date on which the exporter or producer
first shipped the merchandise for export to the United States; (2) the
volume of that and subsequent shipments; and (3) the date of the first
sale to an unaffiliated customer in the United States. See 19 CFR
351.214(b)(2)(iv)(A)-(C). The regulations also state that the entity
requesting the NSR must make the request within one year of the date of
first entry. See 19 CFR 351.214(c). The Department has not acquired or
received any additional information that would alter our preliminary
determination that Yinfeng did not satisfy the minimum regulatory
requirements in its request for a NSR under 19 CFR 351.214(b)(2)(iv)(C)
and 19 CFR 351.214(c). Furthermore, since the publication of the
Preliminary Rescission, the Department solicited comments from
interested parties regarding the intended rescission of the NSR for
Yinfeng, but received no such comments.
Because we find that Yinfeng did not satisfy the requirements of 19
CFR 351.214(b)(2)(iv)(C) and 19 CFR 351.214(c), we are rescinding this
NSR. Consequently, we are not calculating a company-specific rate for
Yinfeng, and Yinfeng will remain a part of the PRC-wide entity.
Assessment Rate
Yinfeng remains under review as part of the PRC-wide entity in the
ongoing administrative review covering the 2011-2012 POR.\5\
Accordingly, we will instruct U.S. Customs and Border Protection (CBP)
to continue to suspend entries of subject merchandise produced and/or
exported by Yinfeng during the period February 1, 2011, through January
31, 2012, until CBP receives instructions relating to the
administrative review covering the period February 1, 2011, through
January 31, 2012.
---------------------------------------------------------------------------
\5\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, and
Deferral of Administrative Review, 77 FR 19179 (March 30, 2012).
---------------------------------------------------------------------------
Cash Deposit
The Department will notify CBP that bonding is no longer permitted
to fulfill security requirements for subject merchandise produced and/
or exported by Yinfeng that is entered, or withdrawn from warehouse,
for consumption in the United States on or after the publication of
this rescission notice in the Federal Register. The Department will
notify CBP that a cash deposit rate of 198.63 percent should be
collected for all shipments of subject merchandise by Yinfeng entered,
or withdrawn from warehouse, for consumption in the United States on or
after the publication of this rescission notice.
Notification to Importers
This notice serves as a 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.
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. 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.
We are issuing and publishing this rescission and notice in
accordance with sections 751(a)(2)(B) and 777(i) of the Act and 19 CFR
351.214(f)(3).
Dated: March 19, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-06922 Filed 3-25-13; 8:45 am]
BILLING CODE 3510-DS-P
