[Federal Register Volume 81, Number 174 (Thursday, September 8, 2016)]
[Notices]
[Pages 62081-62082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21634]


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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; 2014-2015

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

SUMMARY: On March 9, 2016, the Department of Commerce (the Department) 
published the preliminary results of the 2014-2015 administrative 
review of the antidumping duty order on certain preserved mushrooms 
from India. The review covers one manufacturer/exporter of the subject 
merchandise: Himalya International, Ltd. (Himalya). Based on our 
analysis of the comments received, as well as our findings at 
verification, we recalculated the weighted-average dumping margin for 
Himalya. The final weighted-average dumping margin for Himalya is 
listed below in the ``Final Results of Review'' section of this notice.

DATES: Effective September 8, 2016.

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 March 9, 2016, the Department published the Preliminary 
Results.\1\ On June 15, 2016, the Department postponed the final 
results by 60 days.\2\ We invited parties to comment on the preliminary 
results of the review and we received a case brief from Himalya on June 
21, 2016.\3\ The Department conducted this administrative review in 
accordance with section 751 of the Tariff Act of 1930, as amended (the 
Act).
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    \1\ See Certain Preserved Mushrooms from India: Preliminary 
Results of Antidumping Duty Administrative Review; 2014-2015, 81 FR 
12463 (March 9, 2016) (Preliminary Results), and accompanying 
Decision Memorandum entitled ``Decision Memorandum for Preliminary 
Results of Antidumping Duty Administrative Review: Certain Preserved 
Mushrooms from India; 2014-2015'' (Preliminary Decision Memorandum).
    \2\ See the June 15, 2016, memorandum entitled ``Certain 
Preserved Mushrooms from India: Extension of Deadline for Final 
Results of Antidumping Duty Administrative Review.''
    \3\ The petitioner, Monterey Mushrooms Inc., did not file a case 
or rebuttal brief.
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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

[[Page 62082]]

merchandise subject to the scope is dispositive.\4\
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    \4\ A full description of the scope of the order is contained in 
the memorandum entitled ``Issues and Decision Memorandum for the 
Final Results of the 2014-2015 Antidumping Duty Administrative 
Review of Certain Preserved Mushrooms from India'' (Issues and 
Decision Memorandum), dated concurrently with these results and 
hereby adopted by this notice.
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Period of Review

    The period of review (POR) is February 1, 2014, through January 31, 
2015.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs are addressed in 
the Issues and Decision Memorandum. A list of the issues which parties 
raised and to which we respond in the Issues and Decision Memorandum is 
attached to this notice as Appendix I. The Issues and Decision 
Memorandum is a public document and is on file electronically via 
Enforcement and Compliance's AD and Countervailing Duty (CVD) 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at http://access.trade.gov and in the Central Records 
Unit, Room B8024 of the main Department of Commerce building. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly at http://enforcement.trade.gov/frn/index.html. 
The signed Issues and Decision Memorandum and the electronic version of 
the Issues and Decision Memorandum are identical in content.

Verification

    As provided in section 782(i) of the Act, from April 4 through 8, 
2016, we verified the sales and cost information submitted by Himalya 
for use in our final results. We used standard verification procedures, 
including an examination of relevant accounting and production records, 
and original source documents provided by Himalya.\5\
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    \5\ See Memorandum to the File entitled ``Verification of the 
Sales and Cost Responses of Himalya International Limited in the 
Antidumping Duty Administrative Review of Certain Preserved 
Mushrooms from India,'' dated June 9, 2016.
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Final Results of the Review

    Based on our analysis of the comments received and our findings at 
verification, we made certain changes to the margin calculations for 
Himalya. For a discussion of these changes, see the ``Margin 
Calculations'' section of the Issues and Decision Memorandum.
    As a result of this review, the Department determines that a 
weighted-average dumping margin of 6.61 percent exists for Himalya for 
the period February 1, 2014, through January 31, 2015.

Disclosure

    We will disclose the calculations used in our analysis to parties 
to this proceeding within five days of the date of publication of this 
notice, pursuant to 19 CFR 351.224(b).

Assessment Rates

    The Department determines, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries 
covered by this review.\6\ We calculated importer-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. We will instruct CBP to 
assess antidumping duties on all appropriate entries covered by this 
review if the importer-specific assessment rate is above de minimis.
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    \6\ See 19 CFR 351.212(b)(1).
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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 the company 
listed above will be that established in the final results of this 
review, except if the rate is less than 0.50 percent and, therefore, de 
minimis within the meaning of 19 CFR 351.106(c)(1), 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 previous review, or the original less-than-fair-value 
(LTFV) 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 made effective by the LTFV investigation.\7\ These 
deposit requirements shall remain in effect until further notice.
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    \7\ 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 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: August 31, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Margin Calculations
V. Discussion of the Issues
    1. Allocation of Costs on a Fresh Mushroom Equivalent Basis
    2. Adjustment to Ocean Freight Expense
    3. Exclusion of U.S. Sales of Non-Prime Merchandise From Margin 
Calculations
VI. Recommendation

[FR Doc. 2016-21634 Filed 9-7-16; 8:45 am]
BILLING CODE 3510-DS-P