[Federal Register Volume 77, Number 215 (Tuesday, November 6, 2012)]
[Notices]
[Pages 66580-66581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-27102]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-813]


Certain Preserved Mushrooms From India: Preliminary Results of 
Antidumping Duty Administrative Review; 2011-2012

AGENCY: Import Administration, 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. The period of review (POR) 
is February 1, 2011, through January 31, 2012, and the review covers 
one producer and exporter of the subject merchandise, Agro Dutch 
Industries Limited (Agro Dutch). We have preliminarily assigned to Agro 
Dutch an antidumping duty margin based upon the application of adverse 
facts available.

DATES: Effective Date: November 6, 2012.

FOR FURTHER INFORMATION CONTACT: Katherine Johnson or Terre Keaton 
Stefanova, AD/CVD Operations, Office 2, Import Administration, 
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 subject to the order is certain preserved 
mushrooms. The product is currently classified under the Harmonized 
Tariff Schedule of the United States (HTSUS) item numbers 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. Although the HTS numbers are provided 
for convenience and customs purposes, the written product description, 
available in Antidumping Duty Order: Mushrooms From India, 64 FR 8311 
(February 19, 1999) (Mushroom Antidumping Duty Order), remains 
dispositive.

Methodology

    The Department has conducted this review in accordance with section 
751(a)(2) of the Tariff Act of 1930, as amended (the Act). In making 
our preliminary results, we have relied on facts available and, because 
the respondent did not act to the best of its ability to respond to the 
Department's requests for information, we have drawn an adverse 
inference in selecting from among the facts otherwise available.\1\
---------------------------------------------------------------------------

    \1\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------

    For a full description of the methodology underlying our 
conclusions, please see ``Decision Memorandum for Preliminary Results 
of Antidumping Duty Administrative Review: Certain Preserved Mushrooms 
from India'' (Preliminary Decision Memorandum) from Christian Marsh, 
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Paul Piquado, Assistant Secretary for Import 
Administration, dated concurrently with these results and hereby 
adopted by this notice. The Preliminary Decision Memorandum is a public 
document and is on file

[[Page 66581]]

electronically via Import Administration's Antidumping and 
Countervailing Duty Centralized Electronic Service System (IA ACCESS). 
IA ACCESS is available to registered users at http://iaaccess.trade.gov 
and in the in the Central Records Unit (CRU), room 7046 of the main 
Department of Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly on the 
Internet at http://www.trade.gov/ia/. The signed Preliminary Decision 
Memorandum and the electronic version of the Preliminary Decision 
Memorandum are identical in content.

Preliminary Results of the Review

    As a result of this review, we are preliminarily assigning the 
following dumping margin to Agro Dutch for the period February 1, 2011, 
through January 31, 2012.

------------------------------------------------------------------------
                                                               Percent
                   Manufacturer/exporter                        margin
------------------------------------------------------------------------
Agro Dutch Industries Limited..............................       114.76
------------------------------------------------------------------------

Public Comment

    Interested parties may submit case briefs not later than 30 days 
after the date of publication of this notice.\2\ Rebuttal briefs, 
limited to issues raised in the case briefs, may be filed not later 
than five days after the date for filing case briefs.\3\ 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\ Case and 
rebuttal briefs should be filed using IA ACCESS.\5\
---------------------------------------------------------------------------

    \2\ See 19 CFR 351.309(c).
    \3\ See 19 CFR 351.309(d).
    \4\ See 19 CFR 351.309(c)(2) and (d)(2).
    \5\ See 19 CFR 351.303.
---------------------------------------------------------------------------

    Interested parties who wish to request a hearing, or to participate 
if one is requested, must submit a written request to the Assistant 
Secretary for Import Administration, filed electronically via IA 
ACCESS.\6\ An electronically filed document must be received 
successfully in its entirety by the Department's electronic records 
system, IA ACCESS, by 5 p.m. Eastern Standard Time within 30 days after 
the date of publication of this notice.\7\ 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. Issues raised 
in the hearing will be limited to those raised in the respective case 
briefs. Unless extended, the Department will 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, pursuant to section 751(a)(3)(A) of 
the Act.
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.310(c).
    \7\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

Assessment Rates

    Upon issuance of the final results, the Department will determine, 
and U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries covered by this review. The 
Department intends to issue assessment instructions to CBP 15 days 
after the publication of the final results of this review. Where 
assessments are based upon total facts available, including total 
adverse facts available, we instruct CBP to assess duties at the 
adverse facts available margin rate. If these preliminary results are 
unchanged in the final results, then the Department intends to instruct 
CBP to assess antidumping duties on POR entries of the subject 
merchandise produced or exported by Agro Dutch at the rate of 114.76 
percent of the entered value.\8\ The final results of this review shall 
be the basis for the assessment of antidumping duties on entries of 
merchandise covered by the final results of this review and for future 
deposits of estimated duties, where applicable.
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of mushrooms from India 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 Agro Dutch will be the rate 
established in the final results of this administrative review; (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 established in Mushroom Antidumping Duty 
Order. These deposit requirements, when imposed, shall remain in effect 
until further notice.

Notification to Importers

    This notice also 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 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.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: October 31, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix

    List of Topics Discussed in the Preliminary Decision Memorandum

1. Application of Facts Available
2. Application of Adverse Facts Available
3. Selection of Adverse Facts Available Rate
4. Corroboration of Information

[FR Doc. 2012-27102 Filed 11-5-12; 8:45 am]
BILLING CODE 3510-DS-P