Certain Preserved Mushrooms From India: Partial Rescission of Antidumping Duty Administrative Review; 2013-2014, 36720-36721 [2014-15278]

Download as PDF 36720 Federal Register / Vol. 79, No. 125 / Monday, June 30, 2014 / Notices weighted-average dumping margin in these final results. antidumping duties pursuant to 19 CFR 351.106(c)(2). regulations and terms of an APO is a violation subject to sanction. Period of Review Cash Deposit Requirements The following deposit requirements will be effective upon publication of the notice of these final results for all shipments of seamless refined copper pipe and tube from Mexico entered, or withdrawn from warehouse, for consumption on or after the publication date as provided by section 751(a)(2) of the Act: (1) The cash deposit rates for Golden Dragon and Nacobre will be equal to the weighted-average dumping margins established in the final results of this administrative review; (2) for merchandise exported by manufacturers or exporters not covered in this review but covered in a completed prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recently completed segment; (3) if the exporter is not a firm covered in this review, a prior review, or the original investigation but the manufacturer is, the cash deposit rate will be the rate established for the most recently completed segment for the manufacturer of the merchandise; (4) the cash deposit rate for all other manufacturers or exporters will continue to be 26.03 percent, the all-others rate established in the Amended Final and Order. These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Interested Parties We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213(h). The period of review is November 1, 2011, through October 31, 2012. Duty Absorption In the Preliminary Results, we found that antidumping duties have been absorbed by Golden Dragon and Nacobre on all U.S. sales made through their affiliated importers of record.9 We have received no further information regarding this issue for the final results. Therefore, for the final results, we continue to find that antidumping duties have been absorbed by Golden Dragon and Nacobre on all U.S. sales made through their affiliated importers of record. FINAL RESULTS OF THE REVIEW Weightedaverage dumping margin (percent) Producer or exporter GD Affiliates S. de R.L. de C.V .. Nacional de Cobre, S.A. de C.V 2.26 0.58 Disclosure We will disclose the calculations performed within five days of the date of publication of this notice to parties in this proceeding in accordance with 19 CFR 351.224(b). mstockstill on DSK4VPTVN1PROD with NOTICES Assessment Rate Pursuant to section 751(a)(2)(C) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.212(b)(1), the Department has determined, and CBP shall assess, antidumping duties on all appropriate entries of subject merchandise and deposits of estimated duties, where applicable, in accordance with the final results of this review. The Department intends to issue appropriate assessment instructions directly to CBP 41 days after publication of the final results of this administrative review pursuant to 19 CFR 356.8(a). For Golden Dragon and Nacobre, the Department will calculate importerspecific assessment rates equal to the ratio of the total amount of dumping calculated for the importer’s examined sales and the total entered value of those sales. Where an importer-specific assessment rate is zero or de minimis (i.e., less than 0.5 percent), the Department will instruct CBP to liquidate these entries without regard to 9 See Preliminary Results and accompanying Preliminary Decision Memorandum at 17. VerDate Mar<15>2010 19:01 Jun 27, 2014 Jkt 232001 Notification to Importers This notice also 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 POR. Failure to comply with this requirement could result in the Department’s presumption that reimbursement of antidumping duties has occurred and the subsequent assessment of doubled antidumping duties. Administrative Protective Order In accordance with 19 CFR 351.305(a)(3), this notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under the APO, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 Dated: June 23, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix—Issues and Decision Memorandum Summary Background Margin Calculations Scope of the Order Discussion of the Issues Comment 1: Legal Authority to Consider an Alternative Comparison Method in an Administrative Review Comment 2: Withdrawal of the Regulatory Provisions Governing Targeted Dumping in Less-Than-Fair-Value Investigations Comment 3: Differential Pricing Analysis: Establishment of Thresholds under the Administrative Procedure Act Comment 4: Differential Pricing Analysis: Identification of a Pattern of Prices that Differs Significantly and a Meaningful Difference in the Results Comment 5: Differential Pricing Analysis: Prices Set by Contractual Formula Comment 6: Adverse Facts Available for Golden Dragon Comment 7: Level of Trade for Golden Dragon Comment 8: CBP Documentation for Nacobre Comment 9: Nacobre’s Raw Material Cost Adjustment Recommendation [FR Doc. 2014–15280 Filed 6–27–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–813] Certain Preserved Mushrooms From India: Partial Rescission of Antidumping Duty Administrative Review; 2013–2014 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is partially rescinding its administrative review of the antidumping duty order on certain preserved mushrooms (mushrooms) from India for the period February 1, 2013, through January 31, 2014 (POR). DATES: Effective Date: June 30, 2014. FOR FURTHER INFORMATION CONTACT: Kate Johnson or Terre Keaton Stefanova, Enforcement and Compliance, International Trade Administration, AGENCY: E:\FR\FM\30JNN1.SGM 30JNN1 Federal Register / Vol. 79, No. 125 / Monday, June 30, 2014 / Notices U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–4929 or (202) 482–1280, respectively. SUPPLEMENTARY INFORMATION: Background On February 3, 2014, the Department published in the Federal Register a notice of ‘‘Opportunity to Request Administrative Review’’ of the antidumping duty order on mushrooms from India for the POR.1 On February 28, 2014, in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.213(b), the Department received timely requests from Monterey Mushrooms Inc. (the petitioner), and Sunny Dell Foods Inc. (Sunny Dell), a domestic interested party, to conduct an administrative review of the sales of Agro Dutch Industries Limited (Agro Dutch), Himalya International Ltd. (Himalya), Hindustan Lever Ltd. (formerly Ponds India, Ltd.) (Hindustan), Transchem Ltd. (Transchem), and Weikfield Foods Pvt. Ltd (Weikfield). On April 1, 2014, the Department published in the Federal Register a notice of initiation of an administrative review of the antidumping duty order on mushrooms from India with respect to the above-named companies.2 On April 17, 2014, we received a no shipment claim for the POR from Weikfield.3 On May 21, 2014, Sunny Dell timely withdrew its request for a review of all five companies named above.4 On June 3, 2014, the petitioner timely withdrew its request for a review of Agro Dutch, Hindustan, Transchem and Weikfield.5 Partial Rescission of Review mstockstill on DSK4VPTVN1PROD with NOTICES Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an administrative review, in whole or in part, if the parties that requested a review withdraw the request within 90 days of the date of publication of notice 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 79 FR 6159 (February 3, 2014). 2 See Initiation of Antidumping Duty Administrative Reviews and Request for Revocation in Part, 79 FR 18262 (April 1, 2014). 3 See Letter from Weikfield to the Department, dated April 11, 2014. 4 See Letter from Sunny Dell, ‘‘Certain Preserved Mushrooms from India: Withdrawal of Requests for Administrative Reviews,’’ dated May 21, 2014. 5 See Letter from Petitioner, ‘‘15th Administrative Review of the Antidumping Duty Order on Certain Preserved Mushrooms from India: Petitioner’s Partial Withdrawal of Requests for Administrative Reviews,’’ dated June 3, 2014. VerDate Mar<15>2010 19:01 Jun 27, 2014 Jkt 232001 of initiation of the requested review. The petitioner’s and Sunny Dell’s withdrawal requests were filed before the 90-day deadline. Therefore, in response to the withdrawals of request for review of Agro Dutch, Hindustan, Transchem and Weikfield, and pursuant to 19 CFR 351.213(d)(1), we are rescinding this review with regard to these companies. However, because the petitioner did not withdraw its request for review of Himalya, the instant review will continue with respect to this company. Assessment The Department will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries. For the companies for which this review is rescinded, antidumping duties shall be assessed at rates equal to the cash deposit 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 the date of publication of this notice in the Federal Register. Notification to Importers This notice serves as the only 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 may result in the presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification Regarding Administrative Protective Order 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 notice is published in accordance with section 751 of the Act and 19 CFR 351.213(d)(4). PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 36721 Dated: June 24, 2014. Christian Marsh, Deputy Assistant Secretary, for Antidumping and Countervailing Duty Operations. [FR Doc. 2014–15278 Filed 6–27–14; 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 Results and Partial Rescission of the 18th Antidumping Duty Administrative Review; 2011–2012 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On December 24, 2013, the Department of Commerce (the Department) published its preliminary results of the 2011–2012 administrative review of the antidumping duty order on fresh garlic from the People’s Republic of China (PRC).1 This review covers 139 companies. The mandatory respondents in this review are: Hebei Golden Bird Trading Co., Ltd. (Golden Bird) and Shenzhen Xinboda Industrial Co. Ltd. (Xinboda). Following the Preliminary Results, we invited interested parties to comment. Based on our analysis of the comments received, we made changes to the margin calculations for these final results of the antidumping duty administrative review. As discussed below, the Department is relying on total adverse facts available (AFA) with respect to Golden Bird, who failed to cooperate to the best of its ability in this administrative review. The Department is also rescinding the review with respect to Shijiazhuang Goodman Trading Co., Ltd. (Goodman), who was determined not to have any bona fide sales. These determinations and the final dumping margins are discussed below in the ‘‘Final Results’’ section of this notice. DATES: Effective Date: June 30, 2014 FOR FURTHER INFORMATION CONTACT: Brandon Steele, Milton Koch, and Hilary E. Sadler, Esq., AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; AGENCY: 1 See Fresh Garlic From the People’s Republic of China: Preliminary Results and Partial Rescission of the 18th Antidumping Duty Administrative Review; 2011–2012, 78 FR 77653 (December 24, 2013) (Preliminary Results). E:\FR\FM\30JNN1.SGM 30JNN1

Agencies

[Federal Register Volume 79, Number 125 (Monday, June 30, 2014)]
[Notices]
[Pages 36720-36721]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-15278]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-813]


Certain Preserved Mushrooms From India: Partial Rescission of 
Antidumping Duty Administrative Review; 2013-2014

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is partially 
rescinding its administrative review of the antidumping duty order on 
certain preserved mushrooms (mushrooms) from India for the period 
February 1, 2013, through January 31, 2014 (POR).

DATES: Effective Date: June 30, 2014.

FOR FURTHER INFORMATION CONTACT: Kate Johnson or Terre Keaton 
Stefanova, Enforcement and Compliance, International Trade 
Administration,

[[Page 36721]]

U.S. Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-4929 or (202) 482-1280, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On February 3, 2014, the Department published in the Federal 
Register a notice of ``Opportunity to Request Administrative Review'' 
of the antidumping duty order on mushrooms from India for the POR.\1\
---------------------------------------------------------------------------

    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 79 FR 6159 (February 3, 2014).
---------------------------------------------------------------------------

    On February 28, 2014, in accordance with section 751(a) of the 
Tariff Act of 1930, as amended (the Act), and 19 CFR 351.213(b), the 
Department received timely requests from Monterey Mushrooms Inc. (the 
petitioner), and Sunny Dell Foods Inc. (Sunny Dell), a domestic 
interested party, to conduct an administrative review of the sales of 
Agro Dutch Industries Limited (Agro Dutch), Himalya International Ltd. 
(Himalya), Hindustan Lever Ltd. (formerly Ponds India, Ltd.) 
(Hindustan), Transchem Ltd. (Transchem), and Weikfield Foods Pvt. Ltd 
(Weikfield).
    On April 1, 2014, the Department published in the Federal Register 
a notice of initiation of an administrative review of the antidumping 
duty order on mushrooms from India with respect to the above-named 
companies.\2\
---------------------------------------------------------------------------

    \2\ See Initiation of Antidumping Duty Administrative Reviews 
and Request for Revocation in Part, 79 FR 18262 (April 1, 2014).
---------------------------------------------------------------------------

    On April 17, 2014, we received a no shipment claim for the POR from 
Weikfield.\3\
---------------------------------------------------------------------------

    \3\ See Letter from Weikfield to the Department, dated April 11, 
2014.
---------------------------------------------------------------------------

    On May 21, 2014, Sunny Dell timely withdrew its request for a 
review of all five companies named above.\4\ On June 3, 2014, the 
petitioner timely withdrew its request for a review of Agro Dutch, 
Hindustan, Transchem and Weikfield.\5\
---------------------------------------------------------------------------

    \4\ See Letter from Sunny Dell, ``Certain Preserved Mushrooms 
from India: Withdrawal of Requests for Administrative Reviews,'' 
dated May 21, 2014.
    \5\ See Letter from Petitioner, ``15th Administrative Review of 
the Antidumping Duty Order on Certain Preserved Mushrooms from 
India: Petitioner's Partial Withdrawal of Requests for 
Administrative Reviews,'' dated June 3, 2014.
---------------------------------------------------------------------------

Partial Rescission of Review

    Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an 
administrative review, in whole or in part, if the parties that 
requested a review withdraw the request within 90 days of the date of 
publication of notice of initiation of the requested review. The 
petitioner's and Sunny Dell's withdrawal requests were filed before the 
90-day deadline. Therefore, in response to the withdrawals of request 
for review of Agro Dutch, Hindustan, Transchem and Weikfield, and 
pursuant to 19 CFR 351.213(d)(1), we are rescinding this review with 
regard to these companies. However, because the petitioner did not 
withdraw its request for review of Himalya, the instant review will 
continue with respect to this company.

Assessment

    The Department will instruct U.S. Customs and Border Protection 
(CBP) to assess antidumping duties on all appropriate entries. For the 
companies for which this review is rescinded, antidumping duties shall 
be assessed at rates equal to the cash deposit 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 the date of publication of this notice in the Federal 
Register.

Notification to Importers

    This notice serves as the only 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 may result in the presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of double 
antidumping duties.

Notification Regarding Administrative Protective Order

    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 notice is published in accordance with section 751 of the Act 
and 19 CFR 351.213(d)(4).

    Dated: June 24, 2014.
Christian Marsh,
Deputy Assistant Secretary, for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2014-15278 Filed 6-27-14; 8:45 am]
BILLING CODE 3510-DS-P