[Federal Register Volume 81, Number 46 (Wednesday, March 9, 2016)]
[Notices]
[Pages 12463-12465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05309]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-813]


Certain Preserved Mushrooms From India: Preliminary Results of 
Antidumping Duty Administrative Review; 2014-2015

AGENCY: Enforcement and Compliance, 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.\1\ The period of review 
(POR) is February 1, 2014, through January 31, 2015. The review covers 
one producer/exporter of the subject merchandise, Himalya 
International, Ltd. (Himalya). We preliminarily determine that sales of 
subject merchandise by Himalya have not been made at prices below 
normal value (NV). We invite interested parties to comment on these 
preliminary results.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 80 FR 18202 (April 3, 2015).

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DATES: Effective March 9, 2016.

FOR FURTHER INFORMATION CONTACT: Katherine 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: 

Scope of the Order

    The merchandise covered by this order is certain preserved 
mushrooms from India. The product is currently classified under 
subheadings: 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 of the 
Harmonized Tariff System of the United States (HTSUS). Although the 
HTSUS subheadings are provided for convenience and customs purposes, 
the written description of merchandise subject to the scope is 
dispositive.\2\
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    \2\ A full description of the scope of the order is contained in 
the memorandum to Paul Piquado, Assistant Secretary for Enforcement 
and Compliance, from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, ``Decision 
Memorandum for Preliminary Results of Antidumping Duty 
Administrative Review: Certain Preserved Mushrooms from India; 2014-
2015'' (Preliminary Decision Memorandum), dated concurrently with 
these results and hereby adopted by this notice.

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[[Page 12464]]

Methodology

    The Department is conducting this review in accordance with section 
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act). 
Constructed export price is calculated in accordance with section 772 
of the Act. NV is calculated in accordance with section 773 of the Act. 
For a full description of the methodology underlying our conclusions, 
see the Preliminary Decision Memorandum. The Preliminary Decision 
Memorandum is a public document and is on file electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at http://access.trade.gov, and to all parties in the 
Central Records Unit, Room B8024 of the main Department of Commerce 
building. In addition, a complete version of the Preliminary Decision 
Memorandum can be accessed at http://enforcement.trade.gov/frn/. The 
signed Preliminary Decision Memorandum and the electronic version of 
the Preliminary Decision Memorandum are identical in content. A list of 
the topics discussed in the Preliminary Decision Memorandum is attached 
as an Appendix to this notice.

Preliminary Results of the Review \3\
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    \3\ As explained in the memorandum from the Acting Assistant 
Secretary for Enforcement & Compliance, the Department has exercised 
its discretion to toll all administrative deadlines due to the 
recent closure of the Federal Government. See Memorandum to the 
Record from Ron Lorentzen, Acting A/S for Enforcement & Compliance, 
regarding ``Tolling of Administrative Deadlines As a Result of the 
Government Closure During Snowstorm Jonas,'' dated January 27, 2016. 
All deadlines in this segment of the proceeding have been extended 
by four business days. The revised deadline for the preliminary 
determination of this administrative review is now March 4, 2016.
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    As a result of this review, the Department preliminarily determines 
that a weighted-average dumping margin of 0.00 percent exists for 
Himalya for the period February 1, 2014, through January 31, 2015.

Disclosure and Public Comment

    We intend to disclose to interested parties the calculations 
performed in connection with these preliminary results within five days 
of the date of publication of this notice in accordance with 19 CFR 
351.224(b).
    Interested parties are invited to comment on these preliminary 
results. Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than seven 
days after the date on which the verification report is issued in this 
proceeding, and rebuttal briefs, limited to issues raised in case 
briefs, may be submitted no later than five days after the deadline 
date for case briefs.\4\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), 
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.
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    \4\ See 19 CFR 351.309.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, U.S. Department of Commerce, 
filed electronically via ACCESS. An electronically filed request must 
be received successfully in its entirety by ACCESS by 5:00 p.m. Eastern 
Standard Time, within 30 days after the date of publication of this 
notice.\5\ 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. If a request for a hearing is made, the 
Department intends to hold the hearing at the U.S. Department of 
Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230, at a time and date to be determined. Issues raised in the 
hearing will be limited to those raised in the respective case and 
rebuttal briefs. Parties should confirm by telephone the date, time, 
and location of the hearing two days before the scheduled date.
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    \5\ See 19 CFR 351.310(c).
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    The Department intends to 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, unless the deadline is extended.\6\
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    \6\ See section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
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Assessment Rates

    Upon completion of the administrative review, the Department shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries covered by this 
review.\7\
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    \7\ See 19 CFR 351.212(b)(1).
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    Because Himalya did not report entered value, we calculated 
importer-specific or customer-specific per-unit duty assessment rates 
by aggregating the total amount of antidumping duties calculated for 
the examined sales and dividing this amount by the total quantity of 
those sales. To determine whether this duty assessment rate is de 
minimis, in accordance with the requirement set forth in 19 CFR 
351.106(c)(2), we calculated an importer-specific ad valorem ratio 
based on the estimated entered value. We will instruct CBP to assess 
antidumping duties on all appropriate entries covered by this review 
when the importer-specific assessment rate calculated in the final 
results of this review is above de minimis. Where either the 
respondent's weighted-average dumping margin is zero or de minimis, or 
the importer-specific assessment rate is zero or de minimis, we will 
instruct CBP to liquidate the appropriate entries without regard to 
antidumping duties.\8\
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    \8\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings; Final Modification, 77 FR 8101, 8103 (February 14, 
2012); see also 19 CFR 351.106(c)(2).
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    We intend to issue instructions to CBP 15 days after the date of 
publication of the final results of this review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of the subject merchandise 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 Himalya will be 
the rate established in the final results of this review, except if the 
rate is de minimis within the meaning of 19 CFR 351.106(c)(1) (i.e., 
less than 0.50 percent), in which case the cash deposit rate will be 
zero; (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 prior review, or 
the original 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 less-than-fair-value 
investigation.\9\ These requirements,

[[Page 12465]]

when imposed, shall remain in effect until further notice.
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    \9\ See 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).
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Notification to Importers

    This notice 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 POR. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).

    Dated: March 2, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
    A. Comparisons to Fair Value
    1. Determination of Comparison Method
    2. Results of the Differential Pricing Analysis
    B. Product Comparisons
    C. Constructed Export Price
    D. Normal Value
    1. Home Market Viability and Selection of Comparison Market
    2. Level of Trade
    E. Cost of Production Analysis
    1. Calculation of COP
    2. Test of Comparison Market Sales Prices
    3. Results of the COP Test
    F. Calculation of NV Based on Comparison Market Prices
    G. Calculation of NV Based on Constructed Value
    H. Verification
    I. Currency Conversion
V. Recommendation

[FR Doc. 2016-05309 Filed 3-8-16; 8:45 am]
BILLING CODE 3510-DS-P