Certain Preserved Mushrooms From India: Preliminary Results of Antidumping Duty Administrative Review; 2014-2015, 12463-12465 [2016-05309]
Download as PDF
Federal Register / Vol. 81, No. 46 / Wednesday, March 9, 2016 / Notices
Central Records Unit, Room B8024 of
the main Department of Commerce
building. In addition, a complete
version of the Decision Memorandum
can be accessed at https://
enforcement.trade.gov/frn/. The signed
Decision Memorandum and the
electronic version of the Decision
Memorandum are identical in content.
DEPARTMENT OF COMMERCE
Analysis of Comments Received
AGENCY:
Scope of the Order
The product covered by the Order is
wooden bedroom furniture, subject to
certain exceptions.6 Imports of subject
merchandise are classified under
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’) subheadings:
9403.50.9042 and 9403.50.9045 of the
HTSUS as ‘‘wooden . . . beds’’ and
under subheading 9403.50.9080 of the
HTSUS as ‘‘other . . . wooden furniture
of a kind used in the bedroom.’’ In
addition, wooden headboards for beds,
wooden footboards for beds, wooden
side rails for beds, and wooden canopies
for beds may also be entered under
subheading 9403.50.9042 or
9403.50.9045 of the HTSUS as ‘‘parts of
wood.’’ Subject merchandise may also
be entered under subheadings
9403.50.9041, 9403.60.8081, or
9403.20.0018. Further, framed glass
mirrors may be entered under
subheading 7009.92.1000 or
7009.92.5000 of the HTSUS as ‘‘glass
mirrors . . . framed.’’ The Decision
Memorandum, which is hereby adopted
by this notice, provides a full
description of the scope of the Order.7
The 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 https://access.trade.gov and in the
Lhorne on DSK5TPTVN1PROD with NOTICES
2015, the domestic interested parties
filed a substantive response within the
30-day period specified in 19 CFR
351.218(d)(3)(i).5 The Department did
not receive a substantive response from
any respondent interested party. As a
result, pursuant to section 751(c)(3)(B)
of the Act and 19 CFR
351.218(e)(1)(ii)(C)(2), the Department
conducted an expedited (120-day)
sunset review of the Order.
All issues raised in this sunset review
are addressed in the Decision
Memorandum. The issues discussed in
the Decision Memorandum include the
likelihood of continuation or recurrence
of dumping, the magnitude of the
margins likely to prevail if the Order
were to be revoked, and duty
absorption.
12463
Duty Order on Wooden Bedroom Furniture from the
People’s Republic of China: Notice of Intent to
Participate in Sunset Review,’’ dated November 18,
2015.
5 See Letter from Domestic Interested Parties ‘‘Re:
Five-Year (‘‘Sunset’’) Review of Antidumping Duty
Order on Wooden Bedroom Furniture from the
People’s Republic of China/The Domestic Industry’s
Substantive Response To The Notice Of Initiation’’
dated December 3, 2015 (‘‘Domestic Interested
Parties’ Substantive Response’’).
6 See Order, 70 FR at 329.
7 For a full description of the scope of the order,
including exclusions, see the ‘‘Issues and Decision
Memorandum for the Expedited Second Sunset
Review of the Antidumping Duty Order on Wooden
Bedroom Furniture 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
Enforcement and Compliance, dated concurrently
with, and hereby adopted by, this notice (‘‘Decision
Memorandum’’).
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15:08 Mar 08, 2016
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Final Results of Sunset Review
Pursuant to section 752(c)(3) of the
Act, the Department determines that
revocation of the Order would likely
lead to continuation or recurrence of
dumping, and that the magnitude of the
dumping margins likely to prevail
would be weighted-average dumping
margins up to 198.08 percent.
Notification Regarding Administrative
Protective Orders
This notice also serves as the only
reminder to parties subject to
administrative protective order (‘‘APO’’)
of their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305.
Timely notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation which is subject to
sanction.
We are issuing and publishing these
results and notice in accordance with
sections 751(c), 752(c), and 777(i)(1) of
the Act and 19 CFR 351.218.
Dated: March 2, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2016–05307 Filed 3–8–16; 8:45 am]
BILLING CODE 3510–DS–P
PO 00000
International Trade Administration
[A–533–813]
Certain Preserved Mushrooms From
India: Preliminary Results of
Antidumping Duty Administrative
Review; 2014–2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review of the
antidumping duty order on certain
preserved mushrooms (mushrooms)
from India.1 The period of review (POR)
is February 1, 2014, through January 31,
2015. The review covers one producer/
exporter of the subject merchandise,
Himalya International, Ltd. (Himalya).
We preliminarily determine that sales of
subject merchandise by Himalya have
not been made at prices below normal
value (NV). We invite interested parties
to comment on these preliminary
results.
DATES: Effective March 9, 2016.
FOR FURTHER INFORMATION CONTACT:
Katherine Johnson or Terre Keaton
Stefanova, AD/CVD Operations, Office
II, Enforcement and Compliance,
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.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise covered by this
order is certain preserved mushrooms
from India. The product is currently
classified 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
System of the United States (HTSUS).
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of
merchandise subject to the scope is
dispositive.2
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 80 FR
18202 (April 3, 2015).
2 A full description of the scope of the order is
contained in the memorandum to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, from Christian Marsh, Deputy
Continued
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12464
Federal Register / Vol. 81, No. 46 / Wednesday, March 9, 2016 / Notices
Methodology
The Department is conducting this
review in accordance with section
751(a)(1)(B) and (2) of the Tariff Act of
1930, as amended (the Act). Constructed
export price is calculated in accordance
with section 772 of the Act. NV is
calculated in accordance with section
773 of the Act. For a full description of
the methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. The
Preliminary 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 https://access.trade.gov, and to all
parties in the Central Records Unit,
Room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
at https://enforcement.trade.gov/frn/.
The signed Preliminary Decision
Memorandum and the electronic
version of the Preliminary Decision
Memorandum are identical in content.
A list of the topics discussed in the
Preliminary Decision Memorandum is
attached as an Appendix to this notice.
Preliminary Results of the Review 3
As a result of this review, the
Department preliminarily determines
that a weighted-average dumping
margin of 0.00 percent exists for
Himalya for the period February 1,
2014, through January 31, 2015.
Disclosure and Public Comment
Lhorne on DSK5TPTVN1PROD with NOTICES
We intend to disclose to interested
parties the calculations performed in
connection with these preliminary
results within five days of the date of
publication of this notice in accordance
with 19 CFR 351.224(b).
Assistant Secretary for Antidumping and
Countervailing Duty Operations, ‘‘Decision
Memorandum for Preliminary Results of
Antidumping Duty Administrative Review: Certain
Preserved Mushrooms from India; 2014–2015’’
(Preliminary Decision Memorandum), dated
concurrently with these results and hereby adopted
by this notice.
3 As explained in the memorandum from the
Acting Assistant Secretary for Enforcement &
Compliance, the Department has exercised its
discretion to toll all administrative deadlines due
to the recent closure of the Federal Government.
See Memorandum to the Record from Ron
Lorentzen, Acting A/S for Enforcement &
Compliance, regarding ‘‘Tolling of Administrative
Deadlines As a Result of the Government Closure
During Snowstorm Jonas,’’ dated January 27, 2016.
All deadlines in this segment of the proceeding
have been extended by four business days. The
revised deadline for the preliminary determination
of this administrative review is now March 4, 2016.
VerDate Sep<11>2014
15:08 Mar 08, 2016
Jkt 238001
Interested parties are invited to
comment on these preliminary results.
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than seven days
after the date on which the verification
report is issued in this proceeding, and
rebuttal briefs, limited to issues raised
in case briefs, may be submitted no later
than five days after the deadline date for
case briefs.4 Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in
this proceeding are encouraged to
submit with each argument: (1) A
statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, U.S. Department of
Commerce, filed electronically via
ACCESS. An electronically filed request
must be received successfully in its
entirety by ACCESS by 5:00 p.m.
Eastern Standard Time, within 30 days
after the date of publication of this
notice.5 Requests should contain: (1)
The party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of issues to be
discussed. If a request for a hearing is
made, the Department intends to hold
the hearing at the U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230, at
a time and date to be determined. Issues
raised in the hearing will be limited to
those raised in the respective case and
rebuttal briefs. Parties should confirm
by telephone the date, time, and
location of the hearing two days before
the scheduled date.
The Department intends to issue the
final results of this administrative
review, including the results of its
analysis of issues raised in any written
briefs, not later than 120 days after the
date of publication of this notice, unless
the deadline is extended.6
Assessment Rates
Upon completion of the
administrative review, the Department
shall determine, and U.S. Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
entries covered by this review.7
Because Himalya did not report
entered value, we calculated importer4 See
19 CFR 351.309.
19 CFR 351.310(c).
6 See section 751(a)(3)(A) of the Act and 19 CFR
351.213(h).
7 See 19 CFR 351.212(b)(1).
5 See
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
specific or customer-specific per-unit
duty assessment rates by aggregating the
total amount of antidumping duties
calculated for the examined sales and
dividing this amount by the total
quantity of those sales. To determine
whether this duty assessment rate is de
minimis, in accordance with the
requirement set forth in 19 CFR
351.106(c)(2), we calculated an
importer-specific ad valorem ratio based
on the estimated entered value. We will
instruct CBP to assess antidumping
duties on all appropriate entries covered
by this review when the importerspecific assessment rate calculated in
the final results of this review is above
de minimis. Where either the
respondent’s weighted-average dumping
margin is zero or de minimis, or the
importer-specific assessment rate is zero
or de minimis, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.8
We intend to issue instructions to
CBP 15 days after the date of
publication of the final results of this
review.
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
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 Himalya will
be the rate established in the final
results of this review, except if the rate
is de minimis within the meaning of 19
CFR 351.106(c)(1) (i.e., less than 0.50
percent), in which case the cash deposit
rate will be zero; (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 prior
review, or the original 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 less-than-fair-value
investigation.9 These requirements,
8 See Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8101, 8103
(February 14, 2012); see also 19 CFR 351.106(c)(2).
9 See Notice of Amendment of Final
Determination of Sales at Less Than Fair Value and
Antidumping Duty Order: Certain Preserved
E:\FR\FM\09MRN1.SGM
09MRN1
Federal Register / Vol. 81, No. 46 / Wednesday, March 9, 2016 / Notices
when imposed, shall remain in effect
until further notice.
DEPARTMENT OF COMMERCE
International Trade Administration
Notification to Importers
[A–351–825]
This notice serves as a preliminary
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 occurred and the
subsequent assessment of doubled
antidumping duties.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.221(b)(4).
Dated: March 2, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
A. Comparisons to Fair Value
1. Determination of Comparison Method
2. Results of the Differential Pricing
Analysis
B. Product Comparisons
C. Constructed Export Price
D. Normal Value
1. Home Market Viability and Selection of
Comparison Market
2. Level of Trade
E. Cost of Production Analysis
1. Calculation of COP
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
F. Calculation of NV Based on Comparison
Market Prices
G. Calculation of NV Based on Constructed
Value
H. Verification
I. Currency Conversion
V. Recommendation
[FR Doc. 2016–05309 Filed 3–8–16; 8:45 am]
Lhorne on DSK5TPTVN1PROD with NOTICES
BILLING CODE 3510–DS–P
Mushrooms From India, 64 FR 8311 (February 19,
1999).
VerDate Sep<11>2014
15:08 Mar 08, 2016
Jkt 238001
Stainless Steel Bar From Brazil:
Preliminary Results of Antidumping
Duty Administrative Review; 2014–
2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review of the
antidumping duty order on stainless
steel bar (SSB) from Brazil. The period
of review (POR) is February 1, 2014,
through January 31, 2015. The review
covers one producer/exporter of the
subject merchandise, Villares Metals
S.A. (Villares). We preliminarily find
that subject merchandise has not been
sold at less than normal value.
Interested parties are invited to
comment on these preliminary results.
DATES: Effective March 9, 2016.
FOR FURTHER INFORMATION CONTACT:
Catherine Cartsos or Minoo Hatten, AD/
CVD Operations, Office I, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–1757, and (202) 482–1690,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Scope of the Order
The merchandise subject to the order
is SSB. The SSB subject to the order is
currently classifiable under subheadings
7222.1000, 7222.1100, 7222.1900,
7222.2000, 7222.3000 of the
Harmonized Tariff Schedule of the
United States (HTSUS). While the
HTSUS subheadings are provided for
convenience and customs purposes, the
written description is dispositive. A full
description of the scope of the order is
contained in the Preliminary Decision
Memorandum.1
Methodology
The Department conducted this
review in accordance with section
751(a)(2) of the Tariff Act of 1930, as
amended (the Act). Constructed export
1 See the memorandum from Christian Marsh,
Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, ‘‘Decision Memorandum for
Preliminary Results of Antidumping Duty
Administrative Review: Stainless Steel Bar from
Brazil’’ dated concurrently with, and hereby
adopted by this notice (Preliminary Decision
Memorandum).
PO 00000
Frm 00020
Fmt 4703
Sfmt 4703
12465
price and export price are calculated in
accordance with section 772 of the Act.
Normal value is calculated in
accordance with section 773 of the Act.
For a full description of the
methodology underlying our
conclusions, see Preliminary Decision
Memorandum. The Preliminary
Decision Memorandum is a public
document and is made available to the
public via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov and 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
Preliminary Decision Memorandum can
be found at https://
enforcement.trade.gov/frn/.
The signed Preliminary Decision
Memorandum and the electronic
version of the Preliminary Decision
Memorandum are identical in content.
A list of the topics discussed in the
Preliminary Decision Memorandum is
attached as an Appendix to this notice.
Preliminary Results of Review
As a result of this review, we
preliminarily determine that a
weighted-average dumping margin of
0.00 percent exists for Villares for the
period February 1, 2014, through
January 31, 2015.
Disclosure and Public Comment
We intend to disclose the calculations
performed to parties in this proceeding
within five days of the date of
publication of this notice in accordance
with 19 CFR 351.224(b). Pursuant to 19
CFR 351.309(c), interested parties may
submit case briefs not later than 30 days
after the date of publication of this
notice. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed
not later than five days after the date for
filing case briefs.2 Parties who submit
case briefs or rebuttal briefs in this
proceeding are encouraged to submit
with each argument: (1) A statement of
the issue; (2) a brief summary of the
argument; and (3) a table of authorities.3
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, must submit a written request
to the Assistant Secretary for
Enforcement and Compliance, filed
electronically via ACCESS. An
electronically filed document must be
received successfully in its entirety by
2 See
19 CFR 351.309(d).
19 CFR 351.303 (for general filing
requirements).
3 See
E:\FR\FM\09MRN1.SGM
09MRN1
Agencies
[Federal Register Volume 81, Number 46 (Wednesday, March 9, 2016)]
[Notices]
[Pages 12463-12465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05309]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-813]
Certain Preserved Mushrooms From India: Preliminary Results of
Antidumping Duty Administrative Review; 2014-2015
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the antidumping duty order on certain
preserved mushrooms (mushrooms) from India.\1\ The period of review
(POR) is February 1, 2014, through January 31, 2015. The review covers
one producer/exporter of the subject merchandise, Himalya
International, Ltd. (Himalya). We preliminarily determine that sales of
subject merchandise by Himalya have not been made at prices below
normal value (NV). We invite interested parties to comment on these
preliminary results.
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 80 FR 18202 (April 3, 2015).
---------------------------------------------------------------------------
DATES: Effective March 9, 2016.
FOR FURTHER INFORMATION CONTACT: Katherine Johnson or Terre Keaton
Stefanova, AD/CVD Operations, Office II, Enforcement and Compliance,
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.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise covered by this order is certain preserved
mushrooms from India. The product is currently classified 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 System of the United States (HTSUS). Although the
HTSUS subheadings are provided for convenience and customs purposes,
the written description of merchandise subject to the scope is
dispositive.\2\
---------------------------------------------------------------------------
\2\ A full description of the scope of the order is contained in
the memorandum to Paul Piquado, Assistant Secretary for Enforcement
and Compliance, from Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, ``Decision
Memorandum for Preliminary Results of Antidumping Duty
Administrative Review: Certain Preserved Mushrooms from India; 2014-
2015'' (Preliminary Decision Memorandum), dated concurrently with
these results and hereby adopted by this notice.
---------------------------------------------------------------------------
[[Page 12464]]
Methodology
The Department is conducting this review in accordance with section
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act).
Constructed export price is calculated in accordance with section 772
of the Act. NV is calculated in accordance with section 773 of the Act.
For a full description of the methodology underlying our conclusions,
see the Preliminary Decision Memorandum. The Preliminary 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 https://access.trade.gov, and to all parties in the
Central Records Unit, Room B8024 of the main Department of Commerce
building. In addition, a complete version of the Preliminary Decision
Memorandum can be accessed at https://enforcement.trade.gov/frn/. The
signed Preliminary Decision Memorandum and the electronic version of
the Preliminary Decision Memorandum are identical in content. A list of
the topics discussed in the Preliminary Decision Memorandum is attached
as an Appendix to this notice.
Preliminary Results of the Review \3\
---------------------------------------------------------------------------
\3\ As explained in the memorandum from the Acting Assistant
Secretary for Enforcement & Compliance, the Department has exercised
its discretion to toll all administrative deadlines due to the
recent closure of the Federal Government. See Memorandum to the
Record from Ron Lorentzen, Acting A/S for Enforcement & Compliance,
regarding ``Tolling of Administrative Deadlines As a Result of the
Government Closure During Snowstorm Jonas,'' dated January 27, 2016.
All deadlines in this segment of the proceeding have been extended
by four business days. The revised deadline for the preliminary
determination of this administrative review is now March 4, 2016.
---------------------------------------------------------------------------
As a result of this review, the Department preliminarily determines
that a weighted-average dumping margin of 0.00 percent exists for
Himalya for the period February 1, 2014, through January 31, 2015.
Disclosure and Public Comment
We intend to disclose to interested parties the calculations
performed in connection with these preliminary results within five days
of the date of publication of this notice in accordance with 19 CFR
351.224(b).
Interested parties are invited to comment on these preliminary
results. Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the verification report is issued in this
proceeding, and rebuttal briefs, limited to issues raised in case
briefs, may be submitted no later than five days after the deadline
date for case briefs.\4\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2),
parties who submit case briefs or rebuttal briefs in this proceeding
are encouraged to submit with each argument: (1) A statement of the
issue; (2) a brief summary of the argument; and (3) a table of
authorities.
---------------------------------------------------------------------------
\4\ See 19 CFR 351.309.
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
filed electronically via ACCESS. An electronically filed request must
be received successfully in its entirety by ACCESS by 5:00 p.m. Eastern
Standard Time, within 30 days after the date of publication of this
notice.\5\ Requests should contain: (1) The party's name, address, and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. If a request for a hearing is made, the
Department intends to hold the hearing at the U.S. Department of
Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230, at a time and date to be determined. Issues raised in the
hearing will be limited to those raised in the respective case and
rebuttal briefs. Parties should confirm by telephone the date, time,
and location of the hearing two days before the scheduled date.
---------------------------------------------------------------------------
\5\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
The Department intends to issue the final results of this
administrative review, including the results of its analysis of issues
raised in any written briefs, not later than 120 days after the date of
publication of this notice, unless the deadline is extended.\6\
---------------------------------------------------------------------------
\6\ See section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
---------------------------------------------------------------------------
Assessment Rates
Upon completion of the administrative review, the Department shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries covered by this
review.\7\
---------------------------------------------------------------------------
\7\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------
Because Himalya did not report entered value, we calculated
importer-specific or customer-specific per-unit duty assessment rates
by aggregating the total amount of antidumping duties calculated for
the examined sales and dividing this amount by the total quantity of
those sales. To determine whether this duty assessment rate is de
minimis, in accordance with the requirement set forth in 19 CFR
351.106(c)(2), we calculated an importer-specific ad valorem ratio
based on the estimated entered value. We will instruct CBP to assess
antidumping duties on all appropriate entries covered by this review
when the importer-specific assessment rate calculated in the final
results of this review is above de minimis. Where either the
respondent's weighted-average dumping margin is zero or de minimis, or
the importer-specific assessment rate is zero or de minimis, we will
instruct CBP to liquidate the appropriate entries without regard to
antidumping duties.\8\
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\8\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8101, 8103 (February 14,
2012); see also 19 CFR 351.106(c)(2).
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We intend to issue instructions to CBP 15 days after the date of
publication of the final results of this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of the subject merchandise 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 Himalya will be
the rate established in the final results of this review, except if the
rate is de minimis within the meaning of 19 CFR 351.106(c)(1) (i.e.,
less than 0.50 percent), in which case the cash deposit rate will be
zero; (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 prior review, or
the original 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 less-than-fair-value
investigation.\9\ These requirements,
[[Page 12465]]
when imposed, shall remain in effect until further notice.
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\9\ See 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).
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Notification to Importers
This notice serves as a preliminary 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 occurred and the subsequent
assessment of doubled antidumping duties.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).
Dated: March 2, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
A. Comparisons to Fair Value
1. Determination of Comparison Method
2. Results of the Differential Pricing Analysis
B. Product Comparisons
C. Constructed Export Price
D. Normal Value
1. Home Market Viability and Selection of Comparison Market
2. Level of Trade
E. Cost of Production Analysis
1. Calculation of COP
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
F. Calculation of NV Based on Comparison Market Prices
G. Calculation of NV Based on Constructed Value
H. Verification
I. Currency Conversion
V. Recommendation
[FR Doc. 2016-05309 Filed 3-8-16; 8:45 am]
BILLING CODE 3510-DS-P