81_FR_62255 81 FR 62081 - Certain Preserved Mushrooms From India: Final Results of Antidumping Duty Administrative Review; 2014-2015

81 FR 62081 - Certain Preserved Mushrooms From India: Final Results of Antidumping Duty Administrative Review; 2014-2015

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 174 (September 8, 2016)

Page Range62081-62082
FR Document2016-21634

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.

Federal Register, Volume 81 Issue 174 (Thursday, September 8, 2016) 
[Federal Register Volume 81, Number 174 (Thursday, September 8, 2016)]
[Notices]
[Pages 62081-62082]
From the Federal Register Online  [www.thefederalregister.org]
[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).
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    \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.
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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\
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    \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.
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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 http://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 http://enforcement.trade.gov/frn/index.html. 
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\
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    \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.
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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.
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    \6\ See 19 CFR 351.212(b)(1).
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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 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.
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    \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).
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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

Federal Register / Vol. 81, No. 174 / Thursday, September 8, 2016 / Notices 62081 State, extended for one year all foreign examples of approvals, denials and review of the antidumping duty order policy-based export controls then in foreign regulations). on certain preserved mushrooms from effect. BIS is now soliciting public 4. Suggestions for bringing foreign India. The review covers one comment on the effects of extending the policy-based export controls more into manufacturer/exporter of the subject existing foreign policy-based export line with multilateral practice. merchandise: Himalya International, controls from January 2017 to January 5. Comments or suggestions to make Ltd. (Himalya). Based on our analysis of 2018. Among the criteria considered in multilateral controls more effective. the comments received, as well as our determining whether to extend U.S. 6. Information that illustrates the findings at verification, we recalculated foreign policy-based export controls are effect of foreign policy-based export the weighted-average dumping margin the following: controls on trade or acquisitions by for Himalya. The final weighted-average 1. The likelihood that such controls intended targets of the controls. dumping margin for Himalya is listed will achieve their intended foreign 7. Data or other information on the below in the ‘‘Final Results of Review’’ policy purposes, in light of other factors, effect of foreign policy-based export section of this notice. including the availability from other controls on overall trade at the level of DATES: Effective September 8, 2016. countries of the goods, software or individual industrial sectors. FOR FURTHER INFORMATION CONTACT: Kate technology proposed for such controls; 8. Suggestions for measuring the effect 2. Whether the foreign policy of foreign policy-based export controls Johnson or Terre Keaton Stefanova, AD/ objective of such controls can be on trade. CVD Operations, Office II, Enforcement achieved through negotiations or other 9. Information on the use of foreign and Compliance, International Trade alternative means; policy-based export controls on targeted Administration, U.S. Department of 3. The compatibility of the controls countries, entities, or individuals. BIS is Commerce, 14th Street and Constitution with the foreign policy objectives of the also interested in comments relating Avenue NW., Washington, DC 20230; United States and with overall U.S. generally to the extension or revision of telephone (202) 482–4929 or (202) 482– policy toward the country subject to the existing foreign policy-based export 1280, respectively. controls; controls. SUPPLEMENTARY INFORMATION: 4. Whether the reaction of other Parties submitting comments are countries to the extension of such Background asked to be as specific as possible. All controls is not likely to render the comments received before the close of On March 9, 2016, the Department controls ineffective in achieving the the comment period will be considered published the Preliminary Results.1 On intended foreign policy objective or be by BIS in reviewing the controls and in June 15, 2016, the Department counterproductive to U.S. foreign policy developing the report to Congress. All postponed the final results by 60 days.2 interests; comments received in response to this We invited parties to comment on the 5. The comparative benefits to U.S. notice will be displayed on BIS’s preliminary results of the review and we foreign policy objectives versus the Freedom of Information Act (FOIA) Web received a case brief from Himalya on effect of the controls on the export site at http://efoia.bis.doc.gov/ and on June 21, 2016.3 The Department performance of the United States, the the Federal e-Rulemaking portal at conducted this administrative review in competitive position of the United www.Regulations.gov. All comments accordance with section 751 of the States in the international economy, the will also be included in a report to Tariff Act of 1930, as amended (the Act). international reputation of the United Congress, as required by section 6 of the States as a supplier of goods and Scope of the Order EAA, which directs that BIS report to technology; and Congress the results of its consultations The merchandise covered by this 6. The ability of the United States to with industry on the effects of foreign order is certain preserved mushrooms effectively enforce the controls. policy-based controls. from India. The product is currently BIS is particularly interested in classified under subheadings: receiving comments on the economic Dated: September 1, 2016. 2003.10.0127, 2003.10.0131, impact of proliferation controls. BIS is Kevin J. Wolf, 2003.10.0137, 2003.10.0143, also interested in industry information Assistant Secretary for Export 2003.10.0147, 2003.10.0153, relating to the following: Administration. 0711.51.0000, 0711.90.4000, 1. Information on the effect of foreign [FR Doc. 2016–21542 Filed 9–7–16; 8:45 am] 2003.10.0027, 2003.10.0031, policy-based export controls on sales of BILLING CODE 3510–33–P 2003.10.0037, 2003.10.0043 and U.S. products to third countries (i.e., 2003.10.0047 of the Harmonized Tariff those countries not targeted by System of the United States (HTSUS). sanctions), including the views of DEPARTMENT OF COMMERCE Although the HTSUS subheadings are foreign purchasers or prospective provided for convenience and customs customers regarding U.S. foreign policy- International Trade Administration purposes, the written description of based export controls. [A–533–813] 2. Information on controls maintained 1 See Certain Preserved Mushrooms from India: by U.S. trade partners. For example, to Certain Preserved Mushrooms From Preliminary Results of Antidumping Duty what extent do U.S. trade partners have India: Final Results of Antidumping Administrative Review; 2014–2015, 81 FR 12463 similar controls on goods and Duty Administrative Review; 2014– (March 9, 2016) (Preliminary Results), and technology on a worldwide basis or to accompanying Decision Memorandum entitled 2015 ‘‘Decision Memorandum for Preliminary Results of specific destinations? mstockstill on DSK3G9T082PROD with NOTICES Antidumping Duty Administrative Review: Certain 3. Information on licensing policies or AGENCY: Enforcement and Compliance, Preserved Mushrooms from India; 2014–2015’’ practices by our foreign trade partners International Trade Administration, (Preliminary Decision Memorandum). that are similar to U.S. foreign policy Department of Commerce. 2 See the June 15, 2016, memorandum entitled based export controls, including license SUMMARY: On March 9, 2016, the ‘‘Certain Preserved Mushrooms from India: Extension of Deadline for Final Results of review criteria, use of conditions, and Department of Commerce (the Antidumping Duty Administrative Review.’’ requirements for pre- and post-shipment Department) published the preliminary 3 The petitioner, Monterey Mushrooms Inc., did verifications (preferably supported by results of the 2014–2015 administrative not file a case or rebuttal brief. VerDate Sep<11>2014 19:34 Sep 07, 2016 Jkt 238001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\08SEN1.SGM 08SEN1

62082 Federal Register / Vol. 81, No. 174 / Thursday, September 8, 2016 / Notices merchandise subject to the scope is exists for Himalya for the period These deposit requirements shall dispositive.4 February 1, 2014, through January 31, remain in effect until further notice. 2015. Period of Review Notification to Importers The period of review (POR) is Disclosure This notice also serves as a final February 1, 2014, through January 31, We will disclose the calculations used reminder to importers of their 2015. in our analysis to parties to this proceeding within five days of the date responsibility under 19 CFR 351.402(f) Analysis of Comments Received to file a certificate regarding the of publication of this notice, pursuant to All issues raised in the case and 19 CFR 351.224(b). reimbursement of antidumping duties rebuttal briefs are addressed in the prior to liquidation of the relevant Issues and Decision Memorandum. A Assessment Rates entries during this review period. list of the issues which parties raised The Department determines, and U.S. Failure to comply with this requirement and to which we respond in the Issues Customs and Border Protection (CBP) could result in the Secretary’s and Decision Memorandum is attached shall assess, antidumping duties on all presumption that reimbursement of to this notice as Appendix I. The Issues appropriate entries covered by this antidumping duties occurred and the and Decision Memorandum is a public review.6 We calculated importer-or subsequent assessment of double document and is on file electronically customer-specific per-unit duty antidumping duties. via Enforcement and Compliance’s AD assessment rates by aggregating the total and Countervailing Duty (CVD) amount of antidumping duties Notification to Interested Parties Centralized Electronic Service System calculated for the examined sales and This notice serves as the only (ACCESS). ACCESS is available to dividing this amount by the total reminder to parties subject to registered users at http:// quantity of those sales. We will instruct administrative protective order (APO) of access.trade.gov and in the Central CBP to assess antidumping duties on all their responsibility concerning the Records Unit, Room B8024 of the main appropriate entries covered by this disposition of proprietary information Department of Commerce building. In review if the importer-specific assessment rate is above de minimis. disclosed under APO in accordance addition, a complete version of the Issues and Decision Memorandum can We intend to issue instructions to with 19 CFR 351.305(a)(3). Timely be accessed directly at http:// CBP 15 days after the date of written notification of return/ enforcement.trade.gov/frn/index.html. publication of the final results of this destruction of APO materials or The signed Issues and Decision review. conversion to judicial protective order is Memorandum and the electronic hereby requested. Failure to comply Cash Deposit Requirements with the regulations and the terms of an version of the Issues and Decision Memorandum are identical in content. The following cash deposit APO is a sanctionable violation. requirements will be effective for all This administrative review and notice Verification shipments of the subject merchandise are published in accordance with As provided in section 782(i) of the entered, or withdrawn from warehouse, sections 751(a)(1) and 777(i)(1) of the Act, from April 4 through 8, 2016, we for consumption on or after the Act and 19 CFR 351.221. verified the sales and cost information publication date of the final results of submitted by Himalya for use in our this administrative review, as provided Dated: August 31, 2016. final results. We used standard by section 751(a)(2)(C) of the Act: (1) Paul Piquado, verification procedures, including an The cash deposit rate for the company Assistant Secretary for Enforcement and examination of relevant accounting and listed above will be that established in Compliance. production records, and original source the final results of this review, except if documents provided by Himalya.5 the rate is less than 0.50 percent and, Appendix I therefore, de minimis within the List of Topics Discussed in the Issues and Final Results of the Review meaning of 19 CFR 351.106(c)(1), in Decision Memorandum Based on our analysis of the which case the cash deposit rate will be I. Summary comments received and our findings at zero; (2) for previously reviewed or II. Background verification, we made certain changes to investigated companies not III. Scope of the Order the margin calculations for Himalya. For participating in this review, the cash IV. Margin Calculations a discussion of these changes, see the deposit rate will continue to be the V. Discussion of the Issues ‘‘Margin Calculations’’ section of the company-specific rate published for the 1. Allocation of Costs on a Fresh Issues and Decision Memorandum. most recent period; (3) if the exporter is Mushroom Equivalent Basis As a result of this review, the not a firm covered in this review, a 2. Adjustment to Ocean Freight Expense Department determines that a weighted- previous review, or the original less- 3. Exclusion of U.S. Sales of Non-Prime average dumping margin of 6.61 percent than-fair-value (LTFV) investigation, but Merchandise From Margin Calculations the manufacturer is, the cash deposit VI. Recommendation 4 A full description of the scope of the order is rate will be the rate established for the [FR Doc. 2016–21634 Filed 9–7–16; 8:45 am] contained in the memorandum entitled ‘‘Issues and most recent period for the manufacturer Decision Memorandum for the Final Results of the BILLING CODE 3510–DS–P 2014–2015 Antidumping Duty Administrative of the merchandise; and (4) the cash mstockstill on DSK3G9T082PROD with NOTICES Review of Certain Preserved Mushrooms from deposit rate for all other manufacturers India’’ (Issues and Decision Memorandum), dated or exporters will continue to be 11.30 concurrently with these results and hereby adopted percent, the all-others rate made by this notice. 5 See Memorandum to the File entitled effective by the LTFV investigation.7 ‘‘Verification of the Sales and Cost Responses of Himalya International Limited in the Antidumping 6 See 19 CFR 351.212(b)(1). Antidumping Duty Order: Certain Preserved Duty Administrative Review of Certain Preserved 7 See Notice of Amendment of Final Mushrooms From India, 64 FR 8311 (February 19, Mushrooms from India,’’ dated June 9, 2016. Determination of Sales at Less Than Fair Value and 1999). VerDate Sep<11>2014 19:34 Sep 07, 2016 Jkt 238001 PO 00000 Frm 00011 Fmt 4703 Sfmt 9990 E:\FR\FM\08SEN1.SGM 08SEN1


Document Created: 2018-02-09 13:12:36
Document Modified: 2018-02-09 13:12:36
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective September 8, 2016.
ContactKate 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 Citation81 FR 62081 
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