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)

Page Range		53104-53105
FR Document		2015-21771

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 Issue 170 (Wednesday, September 2, 2015)

[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\
---------------------------------------------------------------------------

    \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

53104 Federal Register / Vol. 80, No. 170 / Wednesday, September 2, 2015 / Notices

evaluate and analyze the facts and FOR FURTHER INFORMATION CONTACT: mushrooms may be imported whole,
information presented in the application Terre Keaton Stefanova or Katherine sliced, diced, or as stems and pieces.
and case record and to report findings Johnson, AD/CVD Operations, Office II, Included within the scope of these
and recommendations to the FTZ Board. Enforcement and Compliance, orders are ‘‘brined’’ mushrooms, which
Public comment is invited from International Trade Administration, are presalted and packed in a heavy salt
interested parties. Submissions shall be U.S. Department of Commerce, 14th solution to provisionally preserve them
addressed to the FTZ Board’s Executive Street & Constitution Avenue NW., for further processing.
Secretary at the address below. The Washington, DC 20230; telephone: (202) Excluded from the scope of these
closing period for their receipt is 482–1280 or (202) 482–4929, orders are the following: (1) All other
November 2, 2015. Rebuttal comments respectively. species of mushroom, including straw
in response to material submitted SUPPLEMENTARY INFORMATION:
mushrooms; (2) all fresh and chilled
during the foregoing period may be mushrooms, including ‘‘refrigerated’’ or
submitted during the subsequent 15-day Background ‘‘quick blanched mushrooms’’; (3) dried
period to November 16, 2015. On March 2, 2015, the Department mushrooms; (4) frozen mushrooms; and
A copy of the application will be initiated 1 and the ITC instituted 2 five- (5) ‘‘marinated,’’ ‘‘acidified’’ or
available for public inspection at the year (sunset) reviews of the AD orders ‘‘pickled’’ mushrooms, which are
Office of the Executive Secretary, on mushrooms from Chile, India, prepared or preserved by means of
Foreign-Trade Zones Board, Room Indonesia and the PRC, pursuant to vinegar or acetic acid, but may contain
21013, U.S. Department of Commerce, section 751(c) and 752 of the Tariff Act oil or other additives.
1401 Constitution Avenue NW., of 1930, as amended (the Act). As a The merchandise subject to the orders
Washington, DC 20230–0002, and in the result of its reviews, the Department is classifiable under subheadings:
‘‘Reading Room’’ section of the FTZ determined that revocation of the AD 2003.10.0127, 2003.10.0131,
Board’s Web site, which is accessible orders on mushrooms from Chile, India, 2003.10.0137, 2003.10.0143,
via www.trade.gov/ftz. For further Indonesia and the PRC would likely 2003.10.0147, 2003.10.0153,
information, contact Elizabeth lead to a continuation or recurrence of 0711.51.0000, 0711.90.4000,
Whiteman at Elizabeth.Whiteman@ dumping. Therefore, the Department 2003.10.0027, 2003.10.0031,
trade.gov or (202) 482–0473. notified the ITC of the magnitude of the 2003.10.0037, 2003.10.0043 and
margins of dumping likely to prevail 2003.10.0047 of the Harmonized Tariff
Dated: August 25, 2015.
were the orders revoked.3 Schedule of the United States (HTSUS).
Andrew McGilvray, Although the HTSUS subheadings are
On August 24, 2015, the ITC
Executive Secretary. provided for convenience and customs
published its determination, pursuant to
[FR Doc. 2015–21768 Filed 9–1–15; 8:45 am] sections 751(c) and 752(a) of the Act, purposes, our written description of the
BILLING CODE 3510–DS–P that revocation of the AD orders on scope of these orders is dispositive.
mushrooms from Chile, India, Indonesia Continuation of the AD Orders
and the PRC would likely lead to a
DEPARTMENT OF COMMERCE continuation or recurrence of material As a result of the determinations by
injury to an industry in the United the Department and the ITC that
International Trade Administration revocation of the AD orders on
States within a reasonably foreseeable
[A–337–804; A–533–813; A–560–802; A– time.4 mushrooms from Chile, India, Indonesia
570–851] and the PRC would likely lead to a
Scope of the Orders continuation or recurrence of dumping,
Certain Preserved Mushrooms From The merchandise subject to the orders and material injury to an industry in the
Chile, India, Indonesia and the is certain preserved mushrooms, United States, pursuant to sections
People’s Republic of China: whether imported whole, sliced, diced, 751(c) and 751(d)(2) of the Act, the
Continuation of the Antidumping Duty or as stems and pieces. The preserved Department hereby orders the
Orders mushrooms covered under these orders continuation of the AD orders on
are the species Agaricus bisporus and mushrooms from Chile, India, Indonesia
AGENCY: Enforcement and Compliance,
Agaricus bitorquis. ‘‘Preserved and the PRC. U.S. Customs and Border
International Trade Administration,
mushrooms’’ refer to mushrooms that Protection (CBP) will continue to collect
Department of Commerce.
have been prepared or preserved by AD cash deposits at the rates in effect
SUMMARY: As a result of the cleaning, blanching, and sometimes at the time of entry for all imports of
determinations by the Department of slicing or cutting. These mushrooms are subject merchandise. The effective date
Commerce (the Department) and the then packed and heated in containers of the continuation of the orders will be
International Trade Commission (ITC) including but not limited to cans or the date of publication in the Federal
in their five year (sunset) reviews that glass jars in a suitable liquid medium, Register of this notice of continuation.
revocation of the antidumping duty including but not limited to water, Pursuant to section 751(c)(2) of the Act,
(AD) orders on certain preserved brine, butter or butter sauce. Preserved the Department intends to initiate the
mushrooms (mushrooms) from Chile, next five-year review of these orders not
India, Indonesia and the People’s 1 See Initiation of Five-Year (‘‘Sunset’’) Review, 80
later than 30 days prior to the fifth
Republic of China (PRC) would likely FR 11164 (March 2, 2015). anniversary of the effective date of
lead to a continuation or recurrence of 2 See Preserved Mushrooms From Chile, China,
continuation.
dumping and material injury to an India, and Indonesia; Institution of Five-Year
mstockstill on DSK4VPTVN1PROD with NOTICES

Reviews, 80 FR 11221 (March 2, 2015). Administrative Protective Order
industry in the United States, the 3 See Certain Preserved Mushrooms from Chile,
Department is publishing a notice of India, Indonesia and the People’s Republic of This notice also serves as the only
continuation of the AD orders on China: Final Results of Expedited Third Sunset reminder to parties subject to
mushrooms from Chile, India, Reviews of the Antidumping Duty Orders, 80 FR administrative protective order (APO) of
39053 (July 8, 2015).
Indonesia, and the PRC. 4 See Preserved Mushrooms From Chile, China, their responsibility concerning the
DATES: Effective Date: September 2, India, and Indonesia; Determination, 80 FR 51310 return/destruction or conversion to
2015. (August 24, 2015). judicial protective order of proprietary

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Federal Register / Vol. 80, No. 170 / Wednesday, September 2, 2015 / Notices 53105

information disclosed under APO in On February 23, 2015, the Department Use of Facts Available and Adverse
accordance with 19 CFR 351.305(a)(3). published the Preliminary Results in the Facts Available
Failure to comply is a violation of the Federal Register, and provided In the Preliminary Results, because
APO which may be subject to sanctions. interested parties an opportunity to Creative Furniture failed to respond to
These five-year (sunset) reviews and comment.2 On March 25, 2015, the the Department’s questionnaire, we
notice are in accordance with sections Department received a case brief from determined Creative Furniture’s margin
751(c) and (d)(2), and 777(i) the Act, Leggett and Platt, Inc. (‘‘Petitioner’’).3 on the basis of facts available, pursuant
and 19 CFR 351.218(f)(4). No other interested party filed case or to section 776(a)(1) & (2)(A), (B), and (C)
Dated: August 27, 2015. rebuttal briefs. of the Tariff Act of 1930 (‘‘the Act’’). We
Paul Piquado, Scope of the Order also applied an adverse inference in
Assistant Secretary for Enforcement and The merchandise subject to the order selecting from among the facts available,
Compliance.
is uncovered innerspring units.4 The pursuant to section 776(b) of the Act,
[FR Doc. 2015–21771 Filed 9–1–15; 8:45 am] product is currently classified under because we found that Creative
BILLING CODE 3510–DS–P subheading 9404.29.9010 and has also Furniture failed to cooperate to the best
been classified under subheadings of its ability in providing the requested
9404.10.0000, 7326.20.0070, information.5
DEPARTMENT OF COMMERCE 7320.20.5010, or 7320.90.5010, of the No parties commented on this specific
Harmonized Tariff Schedule of the determination or on the margin assigned
International Trade Administration to Creative Furniture in the Preliminary
United States (‘‘HTSUS’’). The HTSUS
[A–570–928] subheadings are provided for Results. Accordingly, we are continuing
convenience and customs purposes to assign to Creative Furniture a
Uncovered Innerspring Units From the only; the written product description of dumping margin of 234.51 percent,
People’s Republic of China: Final the scope of the order is dispositive. based on total adverse facts available.
Results of Antidumping Duty Consistent with section 502 of the Trade
Administrative Review; 2013–2014 Analysis of Comments Received Preferences Extension Act of 2015,
All issues raised in Petitioner’s case Public Law 114–27, we are no longer
AGENCY: Enforcement and Compliance,
brief are addressed in the Issues and corroborating the rate assigned to
International Trade Administration,
Decision Memorandum, which is Creative Furniture for purposes of these
Department of Commerce.
incorporated herein by reference. A list final results.6
SUMMARY: On February 23, 2015, the
Department of Commerce (‘‘the of the issues which parties raised, and Final Determination of No Shipments
Department’’) published in the Federal to which we respond in the Issues and
Decision Memorandum, is attached to In the Preliminary Results, the
Register the preliminary results of the Department preliminarily determined
administrative review of the this notice as an Appendix. The Issues
and Decision Memorandum is a public that Comfort Coil did not have any
antidumping duty order on uncovered reviewable transactions of subject
innerspring units (‘‘innersprings’’) from document and is on file electronically
via Enforcement and Compliance’s merchandise during the POR.7 We
the People’s Republic of China (‘‘PRC’’) stated, consistent with the Department’s
covering the period February 1, 2013, Antidumping and Countervailing Duty
Centralized Electronic Service System practice in nonmarket economy
through January 31, 2014.1 The (‘‘NME’’) cases, that we would not
Department gave interested parties an (‘‘ACCESS’’). ACCESS is available to
registered users at http:// rescind the review, but rather complete
opportunity to comment on the the review with respect to Comfort Coil
Preliminary Results. Based on our access.trade.gov, and it is available to
all parties in the Central Records Unit, and issue appropriate instructions to
analysis of these comments, our final U.S. Customs and Border Protection
results remain unchanged from the room B8024 of the main Department of
Commerce building. In addition, a (‘‘CBP’’) based on the final results of the
Preliminary Results. review.8 We did not receive any
DATES: Effective Date: September 2, complete version of the Issues and
Decision Memorandum can be accessed comments regarding Comfort Coil.
2015. Therefore, we continue to determine
directly on the internet at http://
FOR FURTHER INFORMATION CONTACT: enforcement.trade.gov/frn/index.html. that Comfort Coil had no reviewable
Kenneth Hawkins, AD/CVD Operations, The signed Issues and Decision transactions of subject merchandise
Office V, Enforcement and Compliance, Memorandum and the electronic during the POR. Consistent with our
International Trade Administration, versions of the Issues Decision ‘‘automatic assessment’’ clarification,
U.S. Department of Commerce, 14th Memorandum are identical in content. the Department will issue appropriate
Street and Constitution Avenue NW., instructions to CBP based on our final
Washington, DC 20230; telephone: (202) 2 Id. results.9
482–6491. 3 See Letter from Petitioners, to the Department,
Final Results of Review
SUPPLEMENTARY INFORMATION: regarding Fifth Administrative Review of the
Antidumping Duty Order on Uncovered Innerspring Creative Furniture’s weighted-average
Background Units from the People’s Republic of China: Case dumping margin for the period February
Brief, dated March 25, 2015 (‘‘Petitioner’s Case
This review covers two exporters of Brief’’). 5 See Preliminary Results, and accompanying
subject merchandise: Comfort Coil 4 See Memorandum to Paul Piquado, Assistant
Preliminary Decision Memorandum at 5–6.
Technology Sdn Bhd (‘‘Comfort Coil’’) Secretary for Enforcement and Compliance, from
mstockstill on DSK4VPTVN1PROD with NOTICES

6 See Issues and Decision Memorandum for
and Creative Furniture & Bedding Gary Taverman, Associate Deputy Assistant
Secretary for Antidumping and Countervailing Duty further discussion of this issue.
Manufacturing (‘‘Creative Furniture’’). Operations, entitled ‘‘Uncovered Innerspring Units
7 See Preliminary Results and accompanying

from the People’s Republic of China: Issues and Preliminary Decision Memorandum at 4.
1 See Uncovered Innerspring Units from the 8 Id.
Decision Memorandum for the Final Results of the
People’s Republic of China: Preliminary Results of 2013–2014 Administrative Review,’’ which is dated 9 See Non-Market Economy Antidumping

Antidumping Duty Administrative Review; 2013– concurrently with and hereby adopted by this Proceedings; Assessment of Antidumping Duties, 76
2014, 80 FR 9435 (February 23, 2015) (‘‘Preliminary notice (‘‘Issues and Decision Memorandum’’) for a FR 65694 (October 24, 2011) (‘‘Assessment Practice
Results’’). complete description of the Scope of the Order. Refinement’’).

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Document Created: 2018-02-26 10:10:54
Document Modified: 2018-02-26 10:10:54

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Dates		Effective Date: September 2, 2015.
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.
FR Citation		80 FR 53104

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 COMMERCEInternational Trade Administration

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

DEPARTMENT OF COMMERCE
International Trade Administration