[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