[Federal Register Volume 78, Number 13 (Friday, January 18, 2013)]
[Notices]
[Pages 4126-4127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-01040]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-851]


Certain Preserved Mushrooms From the People's Republic of China: 
Preliminary Rescission of Antidumping Duty New Shipper Review; 2011-
2012

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

DATES: Effective Date: January 18, 2013.
SUMMARY: The Department of Commerce (the Department) is conducting a 
new shipper review (NSR) of the antidumping duty order on certain 
preserved mushrooms from the People's Republic of China (PRC). The NSR 
covers Shandong Yinfeng Rare Fungus Corporation Ltd. (Yinfeng) for the 
period of review (POR) February 1, 2011, through January 31, 2012. The 
Department has preliminarily determined that Yinfeng did not satisfy 
the regulatory requirements for a NSR. Therefore, the Department is 
preliminarily rescinding this NSR. We invite interested parties to 
comment on this preliminary rescission of review.

FOR FURTHER INFORMATION CONTACT: Mark Flessner or Robert James, AD/CVD 
Operations, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230, telephone: (202) 482-
6312 or (202) 482-0649, respectively.

Scope of the Order

    The products covered by this order are certain preserved mushrooms, 
whether imported whole, sliced, diced, or as stems and pieces. The 
certain preserved mushrooms covered under this order are the species 
Agaricus bisporus and Agaricus bitorquis. The merchandise subject to 
this order is classifiable under subheadings: 2003.10.0127, 
2003.10.0131, 2003.10.0137, 2003.10.0143, 2003.10.0147, 2003.10.0153, 
and 0711.51.0000 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 this 
proceeding is dispositive. For the complete scope, see Certain 
Preserved Mushrooms From the People's Republic of China: Final Results 
of Antidumping Duty Administrative Review, 77 FR 55808 (September 11, 
2012).

[[Page 4127]]

Methodology

    The Department has conducted this review in accordance with section 
751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 
351.214. For a full description of the methodology underlying our 
conclusions, see ``Decision Memorandum for Preliminary Results of 
Antidumping Duty New Shipper Review: Certain Preserved Mushrooms from 
the People's Republic of China,'' from Christian Marsh, Deputy 
Assistant Secretary for Antidumping and Countervailing Duty Operations, 
to Paul Piquado, Assistant Secretary for Import Administration 
(Preliminary Decision Memorandum), dated concurrently with these 
results and hereby adopted by this notice. The Preliminary Decision 
Memorandum is a public document and is on file 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 Central 
Records Unit, 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://iaaccess.trade.gov. The 
signed Preliminary Decision Memorandum and the electronic version of 
the Preliminary Decision Memorandum are identical in content.

Preliminary Rescission of NSR

    Based on information that Yinfeng submitted after the initiation of 
the NSR, the Department has preliminarily determined that Yinfeng did 
not meet the minimum requirements in its request for an NSR under 19 
CFR 351.214(b)(2)(iv)(C). Therefore, the Department preliminarily 
determines that it is appropriate to rescind the NSR for Yinfeng.

Assessment Rates

    Yinfeng's entries will are currently subject to the PRC-wide rate. 
Although the Department intends to rescind the NSR for Yinfeng, the 
Department is currently conducting an administrative review for the POR 
February 1, 2011, through January 31, 2012, which could include the 
entries subject to this NSR.\1\ Accordingly, if the Department proceeds 
with a final rescission of this NSR, we will instruct U.S. Customs and 
Border Protection (CBP) to continue to suspend entries during the 
period February 1, 2011, through January 31, 2012, of subject 
merchandise exported by Yinfeng until CBP receives instructions 
relating to the administrative review covering the period February 1, 
2011, through January 31, 2012.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, and 
Deferral of Administrative Review, 77 FR 19179, 19182 (March 30, 
2012).
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Cash Deposit Requirements

    Effective upon publication of the final rescission or the final 
results of this NSR, we will instruct CBP to discontinue the option of 
posting a bond or security in lieu of a cash deposit for entries of 
subject merchandise by Yinfeng. If we proceed to a final rescission of 
this NSR, the cash deposit rate will continue to be the ad valorem PRC-
wide rate for Yinfeng. If we issue final results of the NSR for this 
respondent, we will instruct CBP to collect cash deposits, effective 
upon the publication of the final results, at the rates established 
therein.

Comments

    Interested parties are invited to comment on these preliminary 
results and submit written arguments or case briefs within 30 days 
after the date of publication of this notice, unless otherwise notified 
by the Department.\2\ Parties are reminded that written comments or 
case briefs are not the place for submitting new factual material. 
Rebuttal briefs, limited to issues raised in the case briefs, will be 
due five days later.\3\ Parties who submit case or rebuttal briefs are 
requested to submit with each argument: (1) A statement of the issue; 
and (2) a brief summary of the argument. Parties are requested to 
provide a summary of the arguments not to exceed five pages and a table 
of statutes, regulations, and cases cited.
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    \2\ See 19 CFR 351.309(c)(ii).
    \3\ See 19 CFR 351.309(d).
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    Any interested party who wishes to request a hearing, or to 
participate if one is requested, must submit a written request to the 
Assistant Secretary for Import Administration within 30 days after the 
day of publication of this notice. A request 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.\4\ Issues 
raised in the hearing will be limited to those raised in case briefs. 
The Department will issue the final rescission or final results of NSR, 
including the results of our analysis of issues raised in any briefs, 
within 90 days after the date on which the preliminary rescissions were 
issued, unless the deadline for the final results is extended.\5\
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    \4\ See 19 CFR 351.310(c).
    \5\ See 19 CFR 351.214(i).
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Notification to Importers

    This notice serves as a preliminary reminder to the 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.
    This notice is published in accordance with sections 751(a)(2)(B) 
and 777(i) of the Act and 19 CFR 351.214(f).

    Dated: January 10, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

Failure to satisfy new shipper regulatory requirements--Yinfeng
Rescission of NSR

[FR Doc. 2013-01040 Filed 1-17-13; 8:45 am]
BILLING CODE 3510-DS-P