[Federal Register Volume 78, Number 35 (Thursday, February 21, 2013)]
[Notices]
[Pages 12034-12035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-04041]


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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; 2011-2012

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

SUMMARY: On November 6, 2012, the Department of Commerce (the 
Department) published the preliminary results of the administrative 
review of the antidumping duty order on certain preserved mushrooms 
from India. The period of review is February 1, 2011, through January 
31, 2012. We invited interested parties to comment on the preliminary 
results, but we received no comments. We made no changes for the final 
results of review, and assigned to Agro Dutch Industries Limited an 
antidumping duty margin based upon the application of adverse facts 
available.

DATES: Effective Date: February 21, 2013.

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.

Background

    On November 6, 2012, the Department published the preliminary 
results of the administrative review of the antidumping duty order on 
certain preserved mushrooms (mushrooms) from India.\1\ We invited 
interested parties to comment on the Preliminary Results, but we 
received no comments.
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    \1\ See Certain Preserved Mushrooms: Preliminary Results of 
Antidumping Duty Administrative Review; 2011-2012, 77 FR 66580 
(November 6, 2012) (Preliminary Results).
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    The Department has conducted this administrative review in 
accordance with section 751(a)(1) of the Tariff Act of 1930, as amended 
(the Act).

Period of Review

    The period of review is February 1, 2011, through January 31, 2012.

Scope of the Order

    The merchandise subject to the order is certain preserved 
mushrooms, whether imported whole, sliced, diced, or as stems and 
pieces. The preserved mushrooms covered under this order are the 
species Agaricus bisporus and Agaricus bitorquis. ``Preserved 
mushrooms'' refer to mushrooms that have been prepared or preserved by 
cleaning, blanching, and sometimes slicing or cutting. These mushrooms 
are then packed and heated in containers including but not limited to 
cans or glass jars in a suitable liquid medium, including but not 
limited to water, brine, butter or butter sauce. Preserved mushrooms 
may be imported whole, sliced, diced, or as stems and pieces. Included 
within the scope of this order are ``brined'' mushrooms, which are 
presalted and packed in a heavy salt solution to provisionally preserve 
them for further processing.
    Excluded from the scope of this order are the following: (1) All 
other species of mushroom, including straw mushrooms; (2) all fresh and 
chilled mushrooms, including ``refrigerated'' or ``quick blanched 
mushrooms''; (3) dried mushrooms; (4) frozen mushrooms; and (5) 
``marinated,'' ``acidified'' or ``pickled'' mushrooms, which are 
prepared or preserved by means of vinegar or acetic acid, but may 
contain oil or other additives.
    The merchandise subject to this order is currently 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).\2\ Although 
the HTSUS subheadings are provided for convenience and customs 
purposes, our written description of the scope of this order is 
dispositive.
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    \2\ We have revised the HTSUS item numbers for the merchandise 
subject to this order to reflect the current HTSUS schedule 
available on the International Trade Commission's Web site at http://www.usitc.gov/tata/hts/bychapter/index.htm.
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Application of Adverse Facts Available

    In the Preliminary Results, we found that Agro Dutch Industries 
Limited (Agro Dutch) did not act to the best of its ability in this 
administrative review because it failed to respond to all of the 
requisite sections of the Department's questionnaire. Therefore, 
pursuant to sections 776(a)(2) and (b) of the Tariff Act of 1930, as 
amended (the Act), we assigned it a rate of 114.76 percent as adverse 
facts available (AFA). No interested party submitted comments on the 
Preliminary Results, and there is no additional information on the 
record of this review that would cause us to reconsider our preliminary 
decision. Thus, for the final results, we continue to find that, by 
failing to provide information we requested, necessary information is 
missing from the record and Agro Dutch did not act to the best of its 
ability. Accordingly, we continue to find that the use of AFA is 
warranted for this company under sections 776(a)(2) and (b) of the 
Act.\3\
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    \3\ See Preliminary Results, and accompanying Decision 
Memorandum for Preliminary Results of Antidumping Duty 
Administrative Review: Certain Preserved Mushrooms from India.
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    As we explained in the Preliminary Results, the rate of 114.76 
percent selected as the AFA rate for Agro Dutch is the highest 
calculated margin on the record of this proceeding. Further, as 
discussed in the Preliminary Results, we continue to find that the use 
of the rate of 114.76 percent is sufficiently high to ensure that Agro 
Dutch does not benefit from failing to cooperate to the best of its 
ability in our review by refusing to respond to all of the requisite 
sections of our questionnaire. In addition, we consider the 114.76 
percent rate

[[Page 12035]]

corroborated ``to the extent practicable'' in accordance with section 
776(c) of the Act.\4\
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    \4\ See Preliminary Results and accompanying Decision Memorandum 
for Preliminary Results of Antidumping Duty Administrative Review: 
Certain Preserved Mushrooms from India for a full discussion of our 
corroboration analysis.
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Final Results of the Review

    We made no changes to our preliminary results. Therefore, we are 
assigning the following dumping margin to Agro Dutch for the period 
February 1, 2011, through January 31, 2012.

------------------------------------------------------------------------
                                                                Percent
                    Manufacturer/Exporter                        margin
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Agro Dutch Industries Limited................................     114.76
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Assessment Rates

    The Department will determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries, in accordance with 19 CFR 351.212(b). The Department intends 
to issue appropriate assessment instructions directly to CBP 15 days 
after publication of these final results of review. For Agro Dutch's 
U.S. sales, we will base the assessment rate assigned to the 
corresponding entries on AFA, as noted above.

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of certain preserved 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 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 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). These deposit 
requirements, when imposed, shall remain in effect until further 
notice.

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: February 13, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-04041 Filed 2-20-13; 8:45 am]
BILLING CODE 3510-DS-P