Certain Preserved Mushrooms From Chile, India, Indonesia and the People's Republic of China: Continuation of the Antidumping Duty Orders, 53104-53105 [2015-21771]

Download as PDF 53104 Federal Register / Vol. 80, No. 170 / Wednesday, September 2, 2015 / Notices evaluate and analyze the facts and information presented in the application and case record and to report findings and recommendations to the FTZ Board. Public comment is invited from interested parties. Submissions shall be addressed to the FTZ Board’s Executive Secretary at the address below. The closing period for their receipt is November 2, 2015. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to November 16, 2015. 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 FTZ 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: August 25, 2015. Andrew McGilvray, Executive Secretary. [FR Doc. 2015–21768 Filed 9–1–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–337–804; A–533–813; A–560–802; A– 570–851] Certain Preserved Mushrooms From Chile, India, Indonesia and the People’s Republic of China: Continuation of the Antidumping Duty Orders Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of the determinations by the Department of Commerce (the Department) and the International Trade Commission (ITC) in their five year (sunset) reviews that revocation of the antidumping duty (AD) orders on certain preserved mushrooms (mushrooms) from Chile, India, Indonesia and the People’s Republic of China (PRC) would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, the Department is publishing a notice of continuation of the AD orders on mushrooms from Chile, India, Indonesia, and the PRC. DATES: Effective Date: September 2, 2015. mstockstill on DSK4VPTVN1PROD with NOTICES AGENCY: VerDate Sep<11>2014 19:04 Sep 01, 2015 Jkt 235001 FOR FURTHER INFORMATION CONTACT: Terre Keaton Stefanova or Katherine Johnson, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street & Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–1280 or (202) 482–4929, respectively. SUPPLEMENTARY INFORMATION: Background On March 2, 2015, the Department initiated 1 and the ITC instituted 2 fiveyear (sunset) reviews of the AD orders on mushrooms from Chile, India, Indonesia and the PRC, pursuant to section 751(c) and 752 of the Tariff Act of 1930, as amended (the Act). As a result of its reviews, the Department determined that revocation of the AD orders on mushrooms from Chile, India, Indonesia and the PRC would likely lead to a continuation or recurrence of dumping. Therefore, the Department notified the ITC of the magnitude of the margins of dumping likely to prevail were the orders revoked.3 On August 24, 2015, the ITC published its determination, pursuant to sections 751(c) and 752(a) of the Act, that revocation of the AD orders on mushrooms from Chile, India, Indonesia and the PRC would likely lead to a continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.4 Scope of the Orders The merchandise subject to the orders is certain preserved mushrooms, whether imported whole, sliced, diced, or as stems and pieces. The preserved mushrooms covered under these orders 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 1 See Initiation of Five-Year (‘‘Sunset’’) Review, 80 FR 11164 (March 2, 2015). 2 See Preserved Mushrooms From Chile, China, India, and Indonesia; Institution of Five-Year Reviews, 80 FR 11221 (March 2, 2015). 3 See Certain Preserved Mushrooms from Chile, India, Indonesia and the People’s Republic of China: Final Results of Expedited Third Sunset Reviews of the Antidumping Duty Orders, 80 FR 39053 (July 8, 2015). 4 See Preserved Mushrooms From Chile, China, India, and Indonesia; Determination, 80 FR 51310 (August 24, 2015). PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 mushrooms may be imported whole, sliced, diced, or as stems and pieces. Included within the scope of these orders 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 these orders 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 the orders is classifiable under subheadings: 2003.10.0127, 2003.10.0131, 2003.10.0137, 2003.10.0143, 2003.10.0147, 2003.10.0153, 0711.51.0000, 0711.90.4000, 2003.10.0027, 2003.10.0031, 2003.10.0037, 2003.10.0043 and 2003.10.0047 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, our written description of the scope of these orders is dispositive. Continuation of the AD Orders As a result of the determinations by the Department and the ITC that revocation of the AD orders on mushrooms from Chile, India, Indonesia and the PRC would likely lead to a continuation or recurrence of dumping, and material injury to an industry in the United States, pursuant to sections 751(c) and 751(d)(2) of the Act, the Department hereby orders the continuation of the AD orders on mushrooms from Chile, India, Indonesia and the PRC. U.S. Customs and Border Protection (CBP) will continue to collect AD cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of the continuation of the orders will be the date of publication in the Federal Register of this notice of continuation. Pursuant to section 751(c)(2) of the Act, the Department intends to initiate the next five-year review of these orders not later than 30 days prior to the fifth anniversary of the effective date of continuation. Administrative Protective Order This notice also serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return/destruction or conversion to judicial protective order of proprietary E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 80, No. 170 / Wednesday, September 2, 2015 / Notices information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which may be subject to sanctions. These five-year (sunset) reviews and notice are in accordance with sections 751(c) and (d)(2), and 777(i) the Act, and 19 CFR 351.218(f)(4). Dated: August 27, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2015–21771 Filed 9–1–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–928] Uncovered Innerspring Units From the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2013–2014 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On February 23, 2015, the Department of Commerce (‘‘the Department’’) published in the Federal Register the preliminary results of the administrative review of the antidumping duty order on uncovered innerspring units (‘‘innersprings’’) from the People’s Republic of China (‘‘PRC’’) covering the period February 1, 2013, through January 31, 2014.1 The Department gave interested parties an opportunity to comment on the Preliminary Results. Based on our analysis of these comments, our final results remain unchanged from the Preliminary Results. DATES: Effective Date: September 2, 2015. FOR FURTHER INFORMATION CONTACT: Kenneth Hawkins, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–6491. SUPPLEMENTARY INFORMATION: mstockstill on DSK4VPTVN1PROD with NOTICES AGENCY: Background This review covers two exporters of subject merchandise: Comfort Coil Technology Sdn Bhd (‘‘Comfort Coil’’) and Creative Furniture & Bedding Manufacturing (‘‘Creative Furniture’’). 1 See Uncovered Innerspring Units from the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2013– 2014, 80 FR 9435 (February 23, 2015) (‘‘Preliminary Results’’). VerDate Sep<11>2014 19:04 Sep 01, 2015 Jkt 235001 On February 23, 2015, the Department published the Preliminary Results in the Federal Register, and provided interested parties an opportunity to comment.2 On March 25, 2015, the Department received a case brief from Leggett and Platt, Inc. (‘‘Petitioner’’).3 No other interested party filed case or rebuttal briefs. Scope of the Order The merchandise subject to the order is uncovered innerspring units.4 The product is currently classified under subheading 9404.29.9010 and has also been classified under subheadings 9404.10.0000, 7326.20.0070, 7320.20.5010, or 7320.90.5010, of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’). The HTSUS subheadings are provided for convenience and customs purposes only; the written product description of the scope of the order is dispositive. Analysis of Comments Received All issues raised in Petitioner’s case brief are addressed in the Issues and Decision Memorandum, which is incorporated herein by reference. A list of the issues which parties raised, and to which we respond in the Issues and Decision Memorandum, is attached to this notice as an Appendix. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (‘‘ACCESS’’). ACCESS is available to registered users at http:// access.trade.gov, and it is available to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the internet at http:// enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the electronic versions of the Issues Decision Memorandum are identical in content. 2 Id. 3 See Letter from Petitioners, to the Department, regarding Fifth Administrative Review of the Antidumping Duty Order on Uncovered Innerspring Units from the People’s Republic of China: Case Brief, dated March 25, 2015 (‘‘Petitioner’s Case Brief’’). 4 See Memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, from Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, entitled ‘‘Uncovered Innerspring Units from the People’s Republic of China: Issues and Decision Memorandum for the Final Results of the 2013–2014 Administrative Review,’’ which is dated concurrently with and hereby adopted by this notice (‘‘Issues and Decision Memorandum’’) for a complete description of the Scope of the Order. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 53105 Use of Facts Available and Adverse Facts Available In the Preliminary Results, because Creative Furniture failed to respond to the Department’s questionnaire, we determined Creative Furniture’s margin on the basis of facts available, pursuant to section 776(a)(1) & (2)(A), (B), and (C) of the Tariff Act of 1930 (‘‘the Act’’). We also applied an adverse inference in selecting from among the facts available, pursuant to section 776(b) of the Act, because we found that Creative Furniture failed to cooperate to the best of its ability in providing the requested information.5 No parties commented on this specific determination or on the margin assigned to Creative Furniture in the Preliminary Results. Accordingly, we are continuing to assign to Creative Furniture a dumping margin of 234.51 percent, based on total adverse facts available. Consistent with section 502 of the Trade Preferences Extension Act of 2015, Public Law 114–27, we are no longer corroborating the rate assigned to Creative Furniture for purposes of these final results.6 Final Determination of No Shipments In the Preliminary Results, the Department preliminarily determined that Comfort Coil did not have any reviewable transactions of subject merchandise during the POR.7 We stated, consistent with the Department’s practice in nonmarket economy (‘‘NME’’) cases, that we would not rescind the review, but rather complete the review with respect to Comfort Coil and issue appropriate instructions to U.S. Customs and Border Protection (‘‘CBP’’) based on the final results of the review.8 We did not receive any comments regarding Comfort Coil. Therefore, we continue to determine that Comfort Coil had no reviewable transactions of subject merchandise during the POR. Consistent with our ‘‘automatic assessment’’ clarification, the Department will issue appropriate instructions to CBP based on our final results.9 Final Results of Review Creative Furniture’s weighted-average dumping margin for the period February 5 See Preliminary Results, and accompanying Preliminary Decision Memorandum at 5–6. 6 See Issues and Decision Memorandum for further discussion of this issue. 7 See Preliminary Results and accompanying Preliminary Decision Memorandum at 4. 8 Id. 9 See Non-Market Economy Antidumping Proceedings; Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011) (‘‘Assessment Practice Refinement’’). E:\FR\FM\02SEN1.SGM 02SEN1

Agencies

[Federal Register Volume 80, Number 170 (Wednesday, September 2, 2015)]
[Notices]
[Pages 53104-53105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21771]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-337-804; A-533-813; A-560-802; A-570-851]


Certain Preserved Mushrooms From Chile, India, Indonesia and the 
People's Republic of China: Continuation of the Antidumping Duty Orders

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: As a result of the determinations by the Department of 
Commerce (the Department) and the International Trade Commission (ITC) 
in their five year (sunset) reviews that revocation of the antidumping 
duty (AD) orders on certain preserved mushrooms (mushrooms) from Chile, 
India, Indonesia and the People's Republic of China (PRC) would likely 
lead to a continuation or recurrence of dumping and material injury to 
an industry in the United States, the Department is publishing a notice 
of continuation of the AD orders on mushrooms from Chile, India, 
Indonesia, and the PRC.

DATES: Effective Date: September 2, 2015.

FOR FURTHER INFORMATION CONTACT: Terre Keaton Stefanova or Katherine 
Johnson, AD/CVD Operations, Office II, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street & Constitution Avenue NW., Washington, DC 20230; telephone: 
(202) 482-1280 or (202) 482-4929, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On March 2, 2015, the Department initiated \1\ and the ITC 
instituted \2\ five-year (sunset) reviews of the AD orders on mushrooms 
from Chile, India, Indonesia and the PRC, pursuant to section 751(c) 
and 752 of the Tariff Act of 1930, as amended (the Act). As a result of 
its reviews, the Department determined that revocation of the AD orders 
on mushrooms from Chile, India, Indonesia and the PRC would likely lead 
to a continuation or recurrence of dumping. Therefore, the Department 
notified the ITC of the magnitude of the margins of dumping likely to 
prevail were the orders revoked.\3\
---------------------------------------------------------------------------

    \1\ See Initiation of Five-Year (``Sunset'') Review, 80 FR 11164 
(March 2, 2015).
    \2\ See Preserved Mushrooms From Chile, China, India, and 
Indonesia; Institution of Five-Year Reviews, 80 FR 11221 (March 2, 
2015).
    \3\ See Certain Preserved Mushrooms from Chile, India, Indonesia 
and the People's Republic of China: Final Results of Expedited Third 
Sunset Reviews of the Antidumping Duty Orders, 80 FR 39053 (July 8, 
2015).
---------------------------------------------------------------------------

    On August 24, 2015, the ITC published its determination, pursuant 
to sections 751(c) and 752(a) of the Act, that revocation of the AD 
orders on mushrooms from Chile, India, Indonesia and the PRC would 
likely lead to a continuation or recurrence of material injury to an 
industry in the United States within a reasonably foreseeable time.\4\
---------------------------------------------------------------------------

    \4\ See Preserved Mushrooms From Chile, China, India, and 
Indonesia; Determination, 80 FR 51310 (August 24, 2015).
---------------------------------------------------------------------------

Scope of the Orders

    The merchandise subject to the orders is certain preserved 
mushrooms, whether imported whole, sliced, diced, or as stems and 
pieces. The preserved mushrooms covered under these orders 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 these orders 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 these orders 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 the orders is classifiable under 
subheadings: 2003.10.0127, 2003.10.0131, 2003.10.0137, 2003.10.0143, 
2003.10.0147, 2003.10.0153, 0711.51.0000, 0711.90.4000, 2003.10.0027, 
2003.10.0031, 2003.10.0037, 2003.10.0043 and 2003.10.0047 of the 
Harmonized Tariff Schedule of the United States (HTSUS). Although the 
HTSUS subheadings are provided for convenience and customs purposes, 
our written description of the scope of these orders is dispositive.

Continuation of the AD Orders

    As a result of the determinations by the Department and the ITC 
that revocation of the AD orders on mushrooms from Chile, India, 
Indonesia and the PRC would likely lead to a continuation or recurrence 
of dumping, and material injury to an industry in the United States, 
pursuant to sections 751(c) and 751(d)(2) of the Act, the Department 
hereby orders the continuation of the AD orders on mushrooms from 
Chile, India, Indonesia and the PRC. U.S. Customs and Border Protection 
(CBP) will continue to collect AD cash deposits at the rates in effect 
at the time of entry for all imports of subject merchandise. The 
effective date of the continuation of the orders will be the date of 
publication in the Federal Register of this notice of continuation. 
Pursuant to section 751(c)(2) of the Act, the Department intends to 
initiate the next five-year review of these orders not later than 30 
days prior to the fifth anniversary of the effective date of 
continuation.

Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return/destruction or conversion to judicial protective 
order of proprietary

[[Page 53105]]

information disclosed under APO in accordance with 19 CFR 
351.305(a)(3). Failure to comply is a violation of the APO which may be 
subject to sanctions.
    These five-year (sunset) reviews and notice are in accordance with 
sections 751(c) and (d)(2), and 777(i) the Act, and 19 CFR 
351.218(f)(4).

    Dated: August 27, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-21771 Filed 9-1-15; 8:45 am]
 BILLING CODE 3510-DS-P