Certain Preserved Mushrooms From India: Final Results of Antidumping Duty Administrative Review; 2014-2015, 62081-62082 [2016-21634]

Download as PDF mstockstill on DSK3G9T082PROD with NOTICES Federal Register / Vol. 81, No. 174 / Thursday, September 8, 2016 / Notices State, extended for one year all foreign policy-based export controls then in effect. BIS is now soliciting public comment on the effects of extending the existing foreign policy-based export controls from January 2017 to January 2018. Among the criteria considered in determining whether to extend U.S. foreign policy-based export controls are the following: 1. The likelihood that such controls will achieve their intended foreign policy purposes, in light of other factors, including the availability from other countries of the goods, software or technology proposed for such controls; 2. Whether the foreign policy objective of such controls can be achieved through negotiations or other alternative means; 3. The compatibility of the controls with the foreign policy objectives of the United States and with overall U.S. policy toward the country subject to the controls; 4. Whether the reaction of other countries to the extension of such controls is not likely to render the controls ineffective in achieving the intended foreign policy objective or be counterproductive to U.S. foreign policy interests; 5. The comparative benefits to U.S. foreign policy objectives versus the effect of the controls on the export performance of the United States, the competitive position of the United States in the international economy, the international reputation of the United States as a supplier of goods and technology; and 6. The ability of the United States to effectively enforce the controls. BIS is particularly interested in receiving comments on the economic impact of proliferation controls. BIS is also interested in industry information relating to the following: 1. Information on the effect of foreign policy-based export controls on sales of U.S. products to third countries (i.e., those countries not targeted by sanctions), including the views of foreign purchasers or prospective customers regarding U.S. foreign policybased export controls. 2. Information on controls maintained by U.S. trade partners. For example, to what extent do U.S. trade partners have similar controls on goods and technology on a worldwide basis or to specific destinations? 3. Information on licensing policies or practices by our foreign trade partners that are similar to U.S. foreign policy based export controls, including license review criteria, use of conditions, and requirements for pre- and post-shipment verifications (preferably supported by VerDate Sep<11>2014 19:34 Sep 07, 2016 Jkt 238001 examples of approvals, denials and foreign regulations). 4. Suggestions for bringing foreign policy-based export controls more into line with multilateral practice. 5. Comments or suggestions to make multilateral controls more effective. 6. Information that illustrates the effect of foreign policy-based export controls on trade or acquisitions by intended targets of the controls. 7. Data or other information on the effect of foreign policy-based export controls on overall trade at the level of individual industrial sectors. 8. Suggestions for measuring the effect of foreign policy-based export controls on trade. 9. Information on the use of foreign policy-based export controls on targeted countries, entities, or individuals. BIS is also interested in comments relating generally to the extension or revision of existing foreign policy-based export controls. Parties submitting comments are asked to be as specific as possible. All comments received before the close of the comment period will be considered by BIS in reviewing the controls and in developing the report to Congress. All comments received in response to this notice will be displayed on BIS’s Freedom of Information Act (FOIA) Web site at https://efoia.bis.doc.gov/ and on the Federal e-Rulemaking portal at www.Regulations.gov. All comments will also be included in a report to Congress, as required by section 6 of the EAA, which directs that BIS report to Congress the results of its consultations with industry on the effects of foreign policy-based controls. Dated: September 1, 2016. Kevin J. Wolf, Assistant Secretary for Export Administration. [FR Doc. 2016–21542 Filed 9–7–16; 8:45 am] BILLING CODE 3510–33–P DEPARTMENT OF COMMERCE International Trade Administration 62081 review of the antidumping duty order on certain preserved mushrooms from India. The review covers one manufacturer/exporter of the subject merchandise: Himalya International, Ltd. (Himalya). Based on our analysis of the comments received, as well as our findings at verification, we recalculated the weighted-average dumping margin for Himalya. The final weighted-average dumping margin for Himalya is listed below in the ‘‘Final Results of Review’’ section of this notice. DATES: Effective September 8, 2016. FOR FURTHER INFORMATION CONTACT: Kate 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: Background On March 9, 2016, the Department published the Preliminary Results.1 On June 15, 2016, the Department postponed the final results by 60 days.2 We invited parties to comment on the preliminary results of the review and we received a case brief from Himalya on June 21, 2016.3 The Department conducted this administrative review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act). 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 [A–533–813] Certain Preserved Mushrooms From India: Final Results of Antidumping Duty Administrative Review; 2014– 2015 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On March 9, 2016, the Department of Commerce (the Department) published the preliminary results of the 2014–2015 administrative AGENCY: PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 1 See Certain Preserved Mushrooms from India: Preliminary Results of Antidumping Duty Administrative Review; 2014–2015, 81 FR 12463 (March 9, 2016) (Preliminary Results), and accompanying Decision Memorandum entitled ‘‘Decision Memorandum for Preliminary Results of Antidumping Duty Administrative Review: Certain Preserved Mushrooms from India; 2014–2015’’ (Preliminary Decision Memorandum). 2 See the June 15, 2016, memorandum entitled ‘‘Certain Preserved Mushrooms from India: Extension of Deadline for Final Results of Antidumping Duty Administrative Review.’’ 3 The petitioner, Monterey Mushrooms Inc., did not file a case or rebuttal brief. E:\FR\FM\08SEN1.SGM 08SEN1 62082 Federal Register / Vol. 81, No. 174 / Thursday, September 8, 2016 / Notices exists for Himalya for the period February 1, 2014, through January 31, 2015. merchandise subject to the scope is dispositive.4 Period of Review Disclosure The period of review (POR) is February 1, 2014, through January 31, 2015. Analysis of Comments Received All issues raised in the case and rebuttal briefs are addressed in the Issues and Decision Memorandum. 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 Appendix I. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s AD and Countervailing Duty (CVD) Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov and 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 at https:// enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content. Verification As provided in section 782(i) of the Act, from April 4 through 8, 2016, we verified the sales and cost information submitted by Himalya for use in our final results. We used standard verification procedures, including an examination of relevant accounting and production records, and original source documents provided by Himalya.5 Final Results of the Review mstockstill on DSK3G9T082PROD with NOTICES Based on our analysis of the comments received and our findings at verification, we made certain changes to the margin calculations for Himalya. For a discussion of these changes, see the ‘‘Margin Calculations’’ section of the Issues and Decision Memorandum. As a result of this review, the Department determines that a weightedaverage dumping margin of 6.61 percent 4 A full description of the scope of the order is contained in the memorandum entitled ‘‘Issues and Decision Memorandum for the Final Results of the 2014–2015 Antidumping Duty Administrative Review of Certain Preserved Mushrooms from India’’ (Issues and Decision Memorandum), dated concurrently with these results and hereby adopted by this notice. 5 See Memorandum to the File entitled ‘‘Verification of the Sales and Cost Responses of Himalya International Limited in the Antidumping Duty Administrative Review of Certain Preserved Mushrooms from India,’’ dated June 9, 2016. VerDate Sep<11>2014 19:34 Sep 07, 2016 Jkt 238001 We will disclose the calculations used in our analysis to parties to this proceeding within five days of the date of publication of this notice, pursuant to 19 CFR 351.224(b). Assessment Rates The Department determines, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review.6 We calculated importer-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. We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review if the importer-specific assessment rate is above de minimis. 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 the company listed above will be that established in the final results of this review, except if the rate is less than 0.50 percent and, therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), 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 previous review, or the original lessthan-fair-value (LTFV) 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 made effective by the LTFV investigation.7 6 See 19 CFR 351.212(b)(1). Notice of Amendment of Final Determination of Sales at Less Than Fair Value and 7 See PO 00000 Frm 00011 Fmt 4703 Sfmt 9990 These deposit requirements shall remain in effect until further notice. Notification to Importers This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification to Interested Parties This notice serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return/ destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. This administrative review and notice are published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221. Dated: August 31, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Margin Calculations V. Discussion of the Issues 1. Allocation of Costs on a Fresh Mushroom Equivalent Basis 2. Adjustment to Ocean Freight Expense 3. Exclusion of U.S. Sales of Non-Prime Merchandise From Margin Calculations VI. Recommendation [FR Doc. 2016–21634 Filed 9–7–16; 8:45 am] BILLING CODE 3510–DS–P Antidumping Duty Order: Certain Preserved Mushrooms From India, 64 FR 8311 (February 19, 1999). E:\FR\FM\08SEN1.SGM 08SEN1

Agencies

[Federal Register Volume 81, Number 174 (Thursday, September 8, 2016)]
[Notices]
[Pages 62081-62082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21634]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-813]


Certain Preserved Mushrooms From India: Final Results of 
Antidumping Duty Administrative Review; 2014-2015

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

SUMMARY: On March 9, 2016, the Department of Commerce (the Department) 
published the preliminary results of the 2014-2015 administrative 
review of the antidumping duty order on certain preserved mushrooms 
from India. The review covers one manufacturer/exporter of the subject 
merchandise: Himalya International, Ltd. (Himalya). Based on our 
analysis of the comments received, as well as our findings at 
verification, we recalculated the weighted-average dumping margin for 
Himalya. The final weighted-average dumping margin for Himalya is 
listed below in the ``Final Results of Review'' section of this notice.

DATES: Effective September 8, 2016.

FOR FURTHER INFORMATION CONTACT: Kate 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:

Background

    On March 9, 2016, the Department published the Preliminary 
Results.\1\ On June 15, 2016, the Department postponed the final 
results by 60 days.\2\ We invited parties to comment on the preliminary 
results of the review and we received a case brief from Himalya on June 
21, 2016.\3\ The Department conducted this administrative review in 
accordance with section 751 of the Tariff Act of 1930, as amended (the 
Act).
---------------------------------------------------------------------------

    \1\ See Certain Preserved Mushrooms from India: Preliminary 
Results of Antidumping Duty Administrative Review; 2014-2015, 81 FR 
12463 (March 9, 2016) (Preliminary Results), and accompanying 
Decision Memorandum entitled ``Decision Memorandum for Preliminary 
Results of Antidumping Duty Administrative Review: Certain Preserved 
Mushrooms from India; 2014-2015'' (Preliminary Decision Memorandum).
    \2\ See the June 15, 2016, memorandum entitled ``Certain 
Preserved Mushrooms from India: Extension of Deadline for Final 
Results of Antidumping Duty Administrative Review.''
    \3\ The petitioner, Monterey Mushrooms Inc., did not file a case 
or rebuttal brief.
---------------------------------------------------------------------------

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

[[Page 62082]]

merchandise subject to the scope is dispositive.\4\
---------------------------------------------------------------------------

    \4\ A full description of the scope of the order is contained in 
the memorandum entitled ``Issues and Decision Memorandum for the 
Final Results of the 2014-2015 Antidumping Duty Administrative 
Review of Certain Preserved Mushrooms from India'' (Issues and 
Decision Memorandum), dated concurrently with these results and 
hereby adopted by this notice.
---------------------------------------------------------------------------

Period of Review

    The period of review (POR) is February 1, 2014, through January 31, 
2015.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs are addressed in 
the Issues and Decision Memorandum. 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 Appendix I. The Issues and Decision 
Memorandum is a public document and is on file electronically via 
Enforcement and Compliance's AD and Countervailing Duty (CVD) 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov and 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 at https://enforcement.trade.gov/frn/. 
The signed Issues and Decision Memorandum and the electronic version of 
the Issues and Decision Memorandum are identical in content.

Verification

    As provided in section 782(i) of the Act, from April 4 through 8, 
2016, we verified the sales and cost information submitted by Himalya 
for use in our final results. We used standard verification procedures, 
including an examination of relevant accounting and production records, 
and original source documents provided by Himalya.\5\
---------------------------------------------------------------------------

    \5\ See Memorandum to the File entitled ``Verification of the 
Sales and Cost Responses of Himalya International Limited in the 
Antidumping Duty Administrative Review of Certain Preserved 
Mushrooms from India,'' dated June 9, 2016.
---------------------------------------------------------------------------

Final Results of the Review

    Based on our analysis of the comments received and our findings at 
verification, we made certain changes to the margin calculations for 
Himalya. For a discussion of these changes, see the ``Margin 
Calculations'' section of the Issues and Decision Memorandum.
    As a result of this review, the Department determines that a 
weighted-average dumping margin of 6.61 percent exists for Himalya for 
the period February 1, 2014, through January 31, 2015.

Disclosure

    We will disclose the calculations used in our analysis to parties 
to this proceeding within five days of the date of publication of this 
notice, pursuant to 19 CFR 351.224(b).

Assessment Rates

    The Department determines, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries 
covered by this review.\6\ We calculated importer-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. We will instruct CBP to 
assess antidumping duties on all appropriate entries covered by this 
review if the importer-specific assessment rate is above de minimis.
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------

    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 the company 
listed above will be that established in the final results of this 
review, except if the rate is less than 0.50 percent and, therefore, de 
minimis within the meaning of 19 CFR 351.106(c)(1), 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 previous review, or the original less-than-fair-value 
(LTFV) 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 made effective by the LTFV investigation.\7\ These 
deposit requirements shall remain in effect until further notice.
---------------------------------------------------------------------------

    \7\ 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).
---------------------------------------------------------------------------

Notification to Importers

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this review period. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    This notice serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return/destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.
    This administrative review and notice are published in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221.

    Dated: August 31, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Margin Calculations
V. Discussion of the Issues
    1. Allocation of Costs on a Fresh Mushroom Equivalent Basis
    2. Adjustment to Ocean Freight Expense
    3. Exclusion of U.S. Sales of Non-Prime Merchandise From Margin 
Calculations
VI. Recommendation

[FR Doc. 2016-21634 Filed 9-7-16; 8:45 am]
BILLING CODE 3510-DS-P

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