[Federal Register Volume 79, Number 170 (Wednesday, September 3, 2014)]
[Notices]
[Pages 52300-52301]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-20985]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-813]


Certain Preserved Mushrooms From India: Notice of Rescission of 
Antidumping Duty Administrative Review

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) is rescinding its 
administrative review of the antidumping duty order on certain 
preserved mushrooms (mushrooms) from India for the period February 1, 
2013, through January 31, 2014 (POR).

DATES: Effective September 3, 2014.

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 February 3, 2014, the Department published in the Federal 
Register a notice of ``Opportunity to Request Administrative Review'' 
of the antidumping duty order on mushrooms from India for the POR.\1\
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 79 FR 6159 (February 3, 2014).
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    On February 28, 2014, in accordance with section 751(a) of the 
Tariff Act of 1930, as amended (the Act), and 19 CFR 351.213(b), the 
Department received

[[Page 52301]]

timely requests from Monterey Mushrooms Inc. and Sunny Dell Foods Inc., 
(the petitioners), to conduct an administrative review of the sales of 
Agro Dutch Industries Limited (Agro Dutch); Himalya International Ltd. 
(Himalya); Hindustan Lever Ltd. (formerly Ponds India, Ltd.) 
(Hindustan); Transchem Ltd. (Transchem); and Weikfield Foods Pvt. Ltd 
(Weikfield).
    On April 1, 2014, the Department published in the Federal Register 
a notice of initiation of an administrative review of the antidumping 
duty order on mushrooms from India with respect to the above-named 
companies.\2\
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    \2\ See Initiation of Antidumping Duty Administrative Reviews 
and Request for Revocation in Part, 79 FR 18262 (April 1, 2014) 
(Initiation Notice).
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    The Department stated in its initiation of this review that it 
intended to rely on U.S. Customs and Border Protection (CBP) data to 
select respondents.\3\ However, our review of the CBP database, with 
respect to the companies for which reviews were requested, showed no 
entries of mushrooms originating in India, subject to antidumping 
duties and countervailing duties (AD/CVD), during the POR.\4\
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    \3\ See Initiation Notice.
    \4\ See April 1, 2014, Memorandum to the File entitled ``Release 
of Customs and Border Protection (CBP) Data.''
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    On April 4, 2014, we sent a ``No Shipments Inquiry'' to CBP to 
confirm that there were no shipments or entries of mushrooms from India 
during the POR from the companies subject to review. We received no 
information from CBP to contradict the results of our data query.
    On April 17, 2014, we received a no shipment claim for the POR from 
Weikfield.
    On May 21, 2014, Sunny Dell Food Inc. timely withdrew its request 
for a review of all five companies named above. On June 3, 2014, 
Monterey Mushrooms timely withdrew its request for a review of Agro 
Dutch, Hindustan, Transchem and Weikfield.
    On June 6, 2014, Monterey Mushrooms placed on the record shipment 
manifest data that suggested that Himalya may have exported subject 
merchandise to the United States during the POR. Monterey Mushrooms 
requested that the Department work with CBP to determine whether 
Himalya, in fact, exported subject merchandise to the United States 
during the POR and, if appropriate, to conduct a review of Himalya's 
POR shipments
    On June 30, 2014, we rescinded the review, in part, with respect to 
Agro Dutch, Hindustan, Transchem, and Weikfield.\5\
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    \5\ See Certain Preserved Mushrooms from India: Partial 
Rescission of Antidumping Duty Administrative Review; 2013-2014, 79 
FR 36720 (June 30, 2014).
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    On August 12, 2014, we issued a memorandum stating that because the 
CBP data query showed there are no suspended entries from Himalya 
subject to this review upon which to assess duties, we intend to 
rescind this review.\6\ Also on August 12, 2014, consistent with this 
memorandum, we referred to CBP the matter raised in Monterey Mushrooms' 
June 6, 2014, submission.\7\ We invited parties to comment on our 
intent to rescind this administrative review. We did not receive 
comments from any interested party.
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    \6\ See August 12, 2014, Memorandum to James Maeder, Director, 
Office II, AD/CVD Operations, entitled ``Intent to Rescind 
Administrative Review.''
    \7\ See August 12, 2014, Letter from James Maeder, Director, 
Office II, Antidumping/Countervailing Duty Operations, Enforcement 
and Compliance, to Cynthia Whittenburg, Executive Director, Office 
of International Trade, CBP.
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Rescission of Review

    It is the Department's practice to rescind an administrative review 
pursuant to 19 CFR 351.213(d)(3) when there are no reviewable entries 
of subject merchandise during the POR for which liquidation is 
suspended.\8\ At the end of the administrative review, the suspended 
entries are liquidated at the assessment rate computed for the review 
period.\9\ Therefore, for an administrative review to be conducted 
there must be a reviewable, suspended entry to be liquidated at the 
newly calculated assessment rate. Because the CBP data query showed 
there are no suspended entries from the company subject to this review 
upon which to assess duties, we are rescinding this review of the 
antidumping duty order on mushrooms from India pursuant to 19 CFR 
351.213(d)(3). The Department intends to issue appropriate assessment 
instructions directly to CBP 15 days after the date of publication of 
this notice.
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    \8\ See, e.g., Certain Frozen Warmwater Shrimp From Brazil: 
Notice of Rescission of Antidumping Duty Administrative Review, 77 
FR 32498 (June 1, 2012); and Certain Steel Concrete Reinforcing Bars 
From Turkey; Preliminary Results of Antidumping Duty Administrative 
Review, 67 FR 21634 (May 1, 2002), unchanged in Certain Steel 
Concrete Reinforcing Bars From Turkey; Final Results and Partial 
Rescission of Antidumping Duty Administrative Review, 67 FR 66110 
(October 30, 2002).
    \9\ See 19 CFR 351.212(b)(1). See also section 751(a)(2)(A) of 
the Act.
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Notifications

    This notice serves as a final reminder to importers for whom this 
review is being rescinded 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 the 
antidumping duties occurred and the subsequent assessment of double 
antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return/destruction of 
APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.
    This notice is published in accordance with section 751 of the Act, 
and 19 CFR 351.213(d)(4).

    Dated: August 27, 2014.
Gary Taverman,
Associate Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2014-20985 Filed 9-2-14; 8:45 am]
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