80 FR 53104 - Certain Preserved Mushrooms From Chile, India, Indonesia and the People's Republic of China: Continuation of the Antidumping Duty Orders

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 170 (September 2, 2015)

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.

[Federal Register Volume 80, Number 170 (Wednesday, September 2, 2015)]
[Notices]
[Pages 53104-53105]
From the Federal Register Online  [www.thefederalregister.org]
[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\
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    \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).
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    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\
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    \4\ See Preserved Mushrooms From Chile, China, India, and 
Indonesia; Determination, 80 FR 51310 (August 24, 2015).
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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