81 FR 12463 - Certain Preserved Mushrooms From India: Preliminary Results of Antidumping Duty Administrative Review; 2014-2015
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 46 (March 9, 2016)
International Trade Administration
Federal Register Volume 81, Issue 46 (March 9, 2016)
| Page Range | 12463-12465 | |
| FR Document | 2016-05309 |
[Federal Register Volume 81, Number 46 (Wednesday, March 9, 2016)] [Notices] [Pages 12463-12465] From the Federal Register Online [www.thefederalregister.org] [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 http://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 http://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\ --------------------------------------------------------------------------- \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). --------------------------------------------------------------------------- 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. --------------------------------------------------------------------------- \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). --------------------------------------------------------------------------- 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
![Federal Register / Vol. 81, No. 46 / Wednesday, March 9, 2016 / Notices 12463
2015, the domestic interested parties Central Records Unit, Room B8024 of DEPARTMENT OF COMMERCE
filed a substantive response within the the main Department of Commerce
30-day period specified in 19 CFR building. In addition, a complete International Trade Administration
351.218(d)(3)(i).5 The Department did version of the Decision Memorandum [A–533–813]
not receive a substantive response from can be accessed at http://
any respondent interested party. As a enforcement.trade.gov/frn/. The signed Certain Preserved Mushrooms From
result, pursuant to section 751(c)(3)(B) Decision Memorandum and the India: Preliminary Results of
of the Act and 19 CFR electronic version of the Decision Antidumping Duty Administrative
351.218(e)(1)(ii)(C)(2), the Department Memorandum are identical in content. Review; 2014–2015
conducted an expedited (120-day)
sunset review of the Order. Analysis of Comments Received AGENCY: Enforcement and Compliance,
International Trade Administration,
Scope of the Order All issues raised in this sunset review Department of Commerce.
The product covered by the Order is are addressed in the Decision SUMMARY: The Department of Commerce
wooden bedroom furniture, subject to Memorandum. The issues discussed in (the Department) is conducting an
certain exceptions.6 Imports of subject the Decision Memorandum include the administrative review of the
merchandise are classified under likelihood of continuation or recurrence antidumping duty order on certain
Harmonized Tariff Schedule of the of dumping, the magnitude of the preserved mushrooms (mushrooms)
United States (‘‘HTSUS’’) subheadings: margins likely to prevail if the Order from India.1 The period of review (POR)
9403.50.9042 and 9403.50.9045 of the were to be revoked, and duty is February 1, 2014, through January 31,
HTSUS as ‘‘wooden . . . beds’’ and absorption. 2015. The review covers one producer/
under subheading 9403.50.9080 of the exporter of the subject merchandise,
HTSUS as ‘‘other . . . wooden furniture Final Results of Sunset Review Himalya International, Ltd. (Himalya).
of a kind used in the bedroom.’’ In We preliminarily determine that sales of
addition, wooden headboards for beds, Pursuant to section 752(c)(3) of the
Act, the Department determines that subject merchandise by Himalya have
wooden footboards for beds, wooden not been made at prices below normal
side rails for beds, and wooden canopies revocation of the Order would likely
value (NV). We invite interested parties
for beds may also be entered under lead to continuation or recurrence of
to comment on these preliminary
subheading 9403.50.9042 or dumping, and that the magnitude of the
results.
9403.50.9045 of the HTSUS as ‘‘parts of dumping margins likely to prevail
DATES: Effective March 9, 2016.
wood.’’ Subject merchandise may also would be weighted-average dumping
be entered under subheadings margins up to 198.08 percent. FOR FURTHER INFORMATION CONTACT:
9403.50.9041, 9403.60.8081, or Katherine Johnson or Terre Keaton
9403.20.0018. Further, framed glass Notification Regarding Administrative Stefanova, AD/CVD Operations, Office
mirrors may be entered under Protective Orders II, Enforcement and Compliance,
subheading 7009.92.1000 or International Trade Administration,
This notice also serves as the only U.S. Department of Commerce, 14th
7009.92.5000 of the HTSUS as ‘‘glass reminder to parties subject to
mirrors . . . framed.’’ The Decision Street and Constitution Avenue NW.,
administrative protective order (‘‘APO’’) Washington, DC 20230; telephone (202)
Memorandum, which is hereby adopted
of their responsibility concerning the 482–4929 or (202) 482–1280,
by this notice, provides a full
description of the scope of the Order.7 return or destruction of proprietary respectively.
The Decision Memorandum is a information disclosed under APO in
SUPPLEMENTARY INFORMATION:
public document and is on file accordance with 19 CFR 351.305.
electronically via Enforcement and Timely notification of the return or Scope of the Order
Compliance’s Antidumping and destruction of APO materials or The merchandise covered by this
Countervailing Duty Centralized conversion to judicial protective order is order is certain preserved mushrooms
Electronic Service System (ACCESS). hereby requested. Failure to comply from India. The product is currently
ACCESS is available to registered users with the regulations and terms of an classified under subheadings:
at http://access.trade.gov and in the APO is a violation which is subject to 2003.10.0127, 2003.10.0131,
sanction. 2003.10.0137, 2003.10.0143,
Duty Order on Wooden Bedroom Furniture from the 2003.10.0147, 2003.10.0153,
People’s Republic of China: Notice of Intent to
We are issuing and publishing these
Participate in Sunset Review,’’ dated November 18, results and notice in accordance with 0711.51.0000, 0711.90.4000,
2015. sections 751(c), 752(c), and 777(i)(1) of 2003.10.0027, 2003.10.0031,
5 See Letter from Domestic Interested Parties ‘‘Re:
the Act and 19 CFR 351.218. 2003.10.0037, 2003.10.0043 and
Five-Year (‘‘Sunset’’) Review of Antidumping Duty 2003.10.0047 of the Harmonized Tariff
Order on Wooden Bedroom Furniture from the Dated: March 2, 2016. System of the United States (HTSUS).
People’s Republic of China/The Domestic Industry’s
Paul Piquado, Although the HTSUS subheadings are
Substantive Response To The Notice Of Initiation’’
dated December 3, 2015 (‘‘Domestic Interested Assistant Secretary for Enforcement and provided for convenience and customs
Parties’ Substantive Response’’). Compliance. purposes, the written description of
6 See Order, 70 FR at 329.
7 For a full description of the scope of the order,
[FR Doc. 2016–05307 Filed 3–8–16; 8:45 am] merchandise subject to the scope is
including exclusions, see the ‘‘Issues and Decision BILLING CODE 3510–DS–P dispositive.2
Lhorne on DSK5TPTVN1PROD with NOTICES
Memorandum for the Expedited Second Sunset
1 See Initiation of Antidumping and
Review of the Antidumping Duty Order on Wooden
Bedroom Furniture from the People’s Republic of Countervailing Duty Administrative Reviews, 80 FR
China’’ from Christian Marsh, Deputy Assistant 18202 (April 3, 2015).
Secretary for Antidumping and Countervailing Duty 2 A full description of the scope of the order is
Operations, to Paul Piquado, Assistant Secretary for contained in the memorandum to Paul Piquado,
Enforcement and Compliance, dated concurrently Assistant Secretary for Enforcement and
with, and hereby adopted by, this notice (‘‘Decision Compliance, from Christian Marsh, Deputy
Memorandum’’). Continued
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![Federal Register / Vol. 81, No. 46 / Wednesday, March 9, 2016 / Notices 12465
when imposed, shall remain in effect DEPARTMENT OF COMMERCE price and export price are calculated in
until further notice. accordance with section 772 of the Act.
International Trade Administration Normal value is calculated in
Notification to Importers accordance with section 773 of the Act.
[A–351–825]
This notice serves as a preliminary For a full description of the
reminder to importers of their Stainless Steel Bar From Brazil: methodology underlying our
responsibility under 19 CFR Preliminary Results of Antidumping conclusions, see Preliminary Decision
Duty Administrative Review; 2014– Memorandum. The Preliminary
351.402(f)(2) to file a certificate
2015 Decision Memorandum is a public
regarding the reimbursement of
document and is made available to the
antidumping duties prior to liquidation AGENCY: Enforcement and Compliance, public via Enforcement and
of the relevant entries during this POR. International Trade Administration, Compliance’s Antidumping and
Failure to comply with this requirement Department of Commerce. Countervailing Duty Centralized
could result in the Department’s SUMMARY: The Department of Commerce Electronic Service System (ACCESS).
presumption that reimbursement of (the Department) is conducting an ACCESS is available to registered users
antidumping duties occurred and the administrative review of the at http://access.trade.gov and is
subsequent assessment of doubled antidumping duty order on stainless available to all parties in the Central
antidumping duties. steel bar (SSB) from Brazil. The period Records Unit, room B8024 of the main
We are issuing and publishing these of review (POR) is February 1, 2014, Department of Commerce building. In
results in accordance with sections through January 31, 2015. The review addition, a complete version of the
751(a)(1) and 777(i)(1) of the Act and 19 covers one producer/exporter of the Preliminary Decision Memorandum can
subject merchandise, Villares Metals be found at http://
CFR 351.221(b)(4).
S.A. (Villares). We preliminarily find enforcement.trade.gov/frn/index.html.
Dated: March 2, 2016. that subject merchandise has not been The signed Preliminary Decision
Paul Piquado, sold at less than normal value. Memorandum and the electronic
Assistant Secretary for Enforcement and Interested parties are invited to version of the Preliminary Decision
Compliance. comment on these preliminary results. Memorandum are identical in content.
DATES: Effective March 9, 2016. A list of the topics discussed in the
Appendix
FOR FURTHER INFORMATION CONTACT: Preliminary Decision Memorandum is
List of Topics Discussed in the Preliminary Catherine Cartsos or Minoo Hatten, AD/ attached as an Appendix to this notice.
Decision Memorandum CVD Operations, Office I, Enforcement Preliminary Results of Review
I. Summary and Compliance, International Trade
II. Background Administration, U.S. Department of As a result of this review, we
III. Scope of the Order Commerce, 1401 Constitution Avenue preliminarily determine that a
IV. Discussion of the Methodology NW., Washington, DC 20230; telephone: weighted-average dumping margin of
A. Comparisons to Fair Value (202) 482–1757, and (202) 482–1690, 0.00 percent exists for Villares for the
1. Determination of Comparison Method respectively. period February 1, 2014, through
2. Results of the Differential Pricing January 31, 2015.
SUPPLEMENTARY INFORMATION:
Analysis Disclosure and Public Comment
B. Product Comparisons Scope of the Order
C. Constructed Export Price
We intend to disclose the calculations
The merchandise subject to the order performed to parties in this proceeding
D. Normal Value is SSB. The SSB subject to the order is
1. Home Market Viability and Selection of within five days of the date of
currently classifiable under subheadings publication of this notice in accordance
Comparison Market 7222.1000, 7222.1100, 7222.1900,
2. Level of Trade with 19 CFR 351.224(b). Pursuant to 19
7222.2000, 7222.3000 of the CFR 351.309(c), interested parties may
E. Cost of Production Analysis Harmonized Tariff Schedule of the
1. Calculation of COP submit case briefs not later than 30 days
United States (HTSUS). While the after the date of publication of this
2. Test of Comparison Market Sales Prices HTSUS subheadings are provided for
3. Results of the COP Test notice. Rebuttal briefs, limited to issues
convenience and customs purposes, the raised in the case briefs, may be filed
F. Calculation of NV Based on Comparison written description is dispositive. A full
Market Prices not later than five days after the date for
description of the scope of the order is filing case briefs.2 Parties who submit
G. Calculation of NV Based on Constructed contained in the Preliminary Decision
Value case briefs or rebuttal briefs in this
Memorandum.1 proceeding are encouraged to submit
H. Verification
I. Currency Conversion Methodology with each argument: (1) A statement of
V. Recommendation The Department conducted this the issue; (2) a brief summary of the
[FR Doc. 2016–05309 Filed 3–8–16; 8:45 am] review in accordance with section argument; and (3) a table of authorities.3
Pursuant to 19 CFR 351.310(c),
BILLING CODE 3510–DS–P 751(a)(2) of the Tariff Act of 1930, as
interested parties who wish to request a
amended (the Act). Constructed export
hearing, must submit a written request
1 See the memorandum from Christian Marsh,
to the Assistant Secretary for
Enforcement and Compliance, filed
Lhorne on DSK5TPTVN1PROD with NOTICES
Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado, electronically via ACCESS. An
Assistant Secretary for Enforcement and electronically filed document must be
Compliance, ‘‘Decision Memorandum for
Preliminary Results of Antidumping Duty
received successfully in its entirety by
Administrative Review: Stainless Steel Bar from
2 See19 CFR 351.309(d).
Brazil’’ dated concurrently with, and hereby
Mushrooms From India, 64 FR 8311 (February 19, adopted by this notice (Preliminary Decision 3 See19 CFR 351.303 (for general filing
1999). Memorandum). requirements).
VerDate Sep<11>2014 15:08 Mar 08, 2016 Jkt 238001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\09MRN1.SGM 09MRN1](https://thefederalregister.org/doc/81_FR_12509/page/3.svg)
Document Created: 2016-03-09 00:13:16
Document Modified: 2016-03-09 00:13:16
| 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 March 9, 2016. | |
| 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. | |
| FR Citation | 81 FR 12463 |
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